Regulation 10 Replacement of equipment outside European Community
Notwithstanding regulation 6 above, if equipment to which these Regulations apply must be replaced in a port outside the European Community and it is not practicable for reasons of time, delay or cost to replace the equipment with equipment which complies with the requirements of regulation 6 above, equipment which does not comply with that regulation may be placed on board the ship if the conditions specified in paragraph (2) below are complied with.
The conditions referred to in paragraph (1) are:
if an agreement has been concluded between the European Community and the country in which the port is located on the mutual recognition of such organisations, the replacement equipment shall be accompanied by documentation issued by a recognised organisation equivalent to a body designated under regulation 5 above; or
if it is impossible to comply with sub-paragraph (a) above, the equipment shall be accompanied by documentation issued by a member State of the International Maritime Organisation which is a party to the relevant international convention certifying that the equipment complies with the applicable international standards.
If equipment is replaced on a ship in accordance with paragraph (1) above the owner of the ship shall inform the Secretary of State immediately of the nature and characteristics of the equipment and the circumstances rendering it impracticable to place equipment on board which complied with the requirements of regulation 6 above.
The Secretary of State shall ensure that equipment replaced outside the European Community pursuant to paragraph (1) above complies with the requirements of regulation 6 above and may carry out, or have carried out, such tests on the equipment as he considers necessary for this purpose.
If the equipment which is replaced in a port outside the Community pursuant to paragraph (1) above is radiocommunications equipment, such equipment shall not unduly affect the requirements of the radio-frequency spectrum.