Tenth Report Contents

Proposed Negative Statutory Instruments under the European Union (Withdrawal) Act 2018

Instruments recommended for upgrade to the affirmative procedure

Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2018

Date laid: 10 December 2018

Sifting period ends: 9 January 2019

1.This proposed negative instrument aims to ensure that the UK will continue to apply international standards for marine equipment placed on board UK ships, and the enforcement of those standards after exit. The Regulations establish UK conformity assessment procedures, which test marine equipment to ensure that they meet relevant design, construction and performance requirements, and which replicate the existing EU conformity assessment procedures. At present, EU organisations, known as “EU Notified Bodies”, assess and approve the conformity of marine equipment. There are currently 10 EU Notified Bodies based in the UK,1 which will become “UK Approved Bodies” on exit day.2 If any of the UK Approved Bodies wish to retain their notified body status in the EU, they would need to seek notification from an EU Member State. The Department for Transport (DfT) has explained that “to do this, they would need to re-locate to the EU” and DfT is “aware of some of the larger notified bodies having started this process already where they are relocating to one of their EU based offices.” On exit day, the UK will facilitate continued acceptance of EU approved products but DfT has explained that it is Government policy eventually to time limit this provision “to ensure we do not rely on the EU indefinitely” because “if we did not the EU would have indefinite access to the UK market in a no deal scenario”. As a result, some manufacturers of marine equipment are concerned that they will need to pay twice for conformity assessments in the future. Given the impact this may have on industry, the House may expect an opportunity to debate this instrument. We therefore recommend that this instrument should be subject to the affirmative resolution procedure.

Proposed Negative Statutory Instruments about which no recommendation to upgrade is made


1 ABS Europe Ltd; BSI Group; BTTG Testing and Certification Ltd; BRE Global Ltd; Fleetwood Test House; INSPEC International Ltd; Lloyd’s Register Verification Ltd; UL International (UL) Ltd; TUV SUD BABT; and Warrington Certification.

2 The Secretary of State will also be able to designate further approved bodies.




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