# The Merchant Shipping (Marine Equipment) Regulations 1999, Regulation 12: EC type-examination


(1) An application for EC type-examination made to a notified body in respect of equipment may be made in writing by the manufacturer or his authorised representative within the Community (in this regulation referred to as “the applicant”).
(2) An application under paragraph (1) above shall include–
(a) the name and address of the manufacturer and, if the application is lodged by the manufacturer’s authorised representative, the name and address of that person;
(b) a written declaration that the same application has not been lodged simultaneously with any other notified body; and
(c) the technical documentation specified in Schedule 2.
(3) The applicant shall place at the disposal of the notified body a specimen representative of the product envisaged and shall provide further specimens if so requested by the notified body.
(4) On an application made to it under paragraph (1) above a notified body shall–
(a) examine the technical documentation submitted by the applicant and verify that the specimen has been manufactured in accordance with the technical documentation;
(b) agree with the applicant where the examinations and tests shall be carried out; and
(c) carry out, or have carried out, the appropriate examinations and tests to check whether the applicable international standards are satisfied.
(5) Where the notified body is satisfied, after performing its functions under paragraph (4) above, that the specimen satisfies the applicable international standards, it shall issue an EC type-examination certificate to the applicant.
(6) An EC type-examination certificate issued pursuant to paragraph (5) above shall include–
(a) the name and address of the manufacturer;
(b) details of the equipment to which it relates;
(c) the results of the examinations and tests carried out;
(d) the conditions (if any) of its validity; and
(e) the information necessary to identify the approved specimen,
and a list of the relevant parts of the technical documentation shall be annexed to the certificate and a copy kept by the notified body.
(7) Where a notified body refuses to issue an EC type-examination certificate, it shall give in writing detailed reasons for its decision to the applicant, and if that notified body is a body other than the Maritime and Coastguard Agency it shall provide a copy of such reasons to the Maritime and Coastguard Agency.
(8) If an applicant applies for an EC type-examination for equipment in respect of which an EC type-examination certificate has been refused, he shall, in his application to the notified body, include all relevant documentation, including–
(a) the original examination and test results;
(b) the detailed reasons provided by the notified body for the previous refusal; and
(c) details of all modifications made to the equipment since the previous application.
(9) If any modifications are made to equipment in respect of which an EC type-examination certificate has been issued, the applicant shall inform the notified body which issued the certificate.
(10) If any modifications notified under paragraph (9) above are such that they may affect the equipment’s compliance with applicable international standards, the notified body shall satisfy itself, by further examinations and tests if necessary, that the equipment as modified complies with the applicable international standards and, if so satisfied, shall–
(a) approve the modifications to the equipment; and
(b) issue an addition to the original EC type-examination certificate in respect thereof.
(11) A notified body shall–
(a) on request, provide flag member States and other notified bodies with all relevant information concerning the EC type-examination certificates and additions thereto it has issued, including any it has withdrawn;
(b) on request, provide other notified bodies with copies of the EC type-examination certificates and additions thereto it has issued; and
(c) keep at the disposal of other notified bodies the annexes to the EC type-examination certificates it has issued.
(12) A manufacturer, or his authorised representative established within the Community, shall, in respect of an EC type-examination certificate issued to him, keep a copy of the technical documentation submitted with the application and the EC type-examination certificate, and any additions thereto, for at least 10 years after the last item of equipment to which the certificate relates has been manufactured.

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Source: https://www.legislation.gov.uk/uksi/1999/1957/regulation/12 (the official version)
Page: https://openlegislation.uk/merchant-shipping-marine-equipment-regulations-1999/regulation-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.