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S.I. No. 529/2019 - European Union (Marine Equipment) (Amendment) Regulations 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st November, 2019.

I, SHANE ROSS, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2014/90/EU of the European Parliament and of the Council of 23 July 20141 and for the purpose of giving full effect to Commission Implementing Regulation (EU) 2019/1397 of 6 August 20192 , hereby make the following regulations:

1. These Regulations may be cited as the European Union (Marine Equipment) (Amendment) Regulations 2019.

2. In these Regulations “Principal Regulations” means the European Union (Marine Equipment) Regulations 2017 ( S.I. No. 177 of 2017 ).

3. Regulation 2 of the Principal Regulations is amended in paragraph (1)—

(a) by the deletion of the definition of “Regulation of 2018”, and

(b) by the insertion of the following definition:

“ ‘Regulation of 2019’ means Commission Implementing Regulation (EU) 2019/1397 of 6 August 20192 on design, construction and performance requirements and testing standards for marine equipment and repealing Implementing Regulation (EU) 2018/7733 ;”.

4. Regulation 10 of the Principal Regulations is amended in paragraph (2)(b) by the substitution of “Regulation of 2019” for “Regulation of 2018”.

5. Regulation 46 of the Principal Regulations is amended—

(a) by the substitution, in paragraphs (3) and (4), of

“Regulation of 2019” for “Regulation of 2018”, and

(b) by the insertion of the following paragraph after paragraph (4):

“(5) Marine equipment listed as a ‘new item inserted by Implementing Regulation 2019/1397’2 in column 1 of the Annex to the Regulation of 2019 which complies with the requirements for type-approval in force in the State before 3 October 2019 may continue to be placed on the market or on board an Irish ship until 3 October 2022.”.

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GIVEN under my Official Seal,

29 October, 2019.

SHANE ROSS,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Statutory Instrument amends the European Union (Marine Equipment) Regulations 2017 ( S.I. No. 177 of 2017 ), which gave effect to Directive 2014/90/EU of 23 July 2014, to take account of Commission Implementing Regulation (EU) 2019/1397 of 6 August 2019 on design, construction and performance requirements and testing standards for marine equipment and repealing Implementing Regulation (EU) 2018/773.

1 OJ No. L 257, 28.8.2014, p. 146

2 OJ No. L 237, 13.9.2019, p. 1

2 OJ No. L 237, 13.9.2019, p. 1

3 OJ No. L 133, 30.5.2018, p.1

2 OJ No. L 237, 13.9.2019, p. 1