The USCG issued a circular providing guidance on the agreements between the US, the European Community and the European Free Trade Association (EFTA), which are included in the European Economic Area (EEA) on the Mutual Recognition of Certificates of Conformity for Marine Equipment as allowed by Title 46 Code of Federal Regulation (CFR) subpart 159.003.
The agreement aims to simplify matters for manufacturers that wish to have both U.S. Coast Guard (USCG) approval and the European certificates of conformity (see definition).
The two Mutual Recognition Agreements on Marine Equipment are a result of a 7-year cooperative effort that recognizes the importance of facilitating US – European trade in marine equipment and promoting bilateral cooperation on international marine equipment regulations.
With the experience gained with the MRAs and the increased regulatory alignment, the categories of equipment covered by the initial MRAs was expanded from 43 product categories to 69 product categories.
The MRAs allow a manufacturer to reach multiple markets on the basis of compliance with one set of regulatory requirements instead of multiple ones, as would be the case without the MRAs.
In addition, the circular describes how the MRA will work, answers some anticipated questions regarding the process for obtaining approval using the MRA, and how to determine compliance.
The table below aims to assist manufacturers understand the various scenarios when seeking approval via the MRA:
Moreover, the USCG provides a summary on the most crucial parts concerning the US – EC MRA and the US – EEA EFTA MRA. In essence:
#1 The MRAs (Annex II) specifically identifies which items are covered.
#2 The US – EC MRA went into effective July 1st, 2004 and was amended February 18th , 2019.
#3 The US – EEA EFTA MRA is effective March 1st, 2006 and was amended February 22nd, 2019.
#4 The USCG will not accept the MED mark of conformity in lieu of USCG approval numbers on U.S. flag ships. Instead, the MRA provides a means to obtain USCG approval for eligible products from EC or EEA EFTA notified bodies.
#5 Equipment that receives a USCG approval number from a European Notified Body under the MRA can be installed onboard a US flag vessel where applicable.
#6 Equipment that receives the mark of conformity from the USCG under the MRA can be installed where applicable onboard a European flag vessel of a country that is a member of the EC or the EEA EFTA.
#7 A manufacturer having the MED mark of conformity will make application for USCG approval to the notified body that issued the MED certificates authorizing the mark of conformity or they can apply to the USCG and receive a certificate under the MRA.
#8 A manufacturer having a USCG approval will make application for the MED mark of conformity to the Coast Guard or can cancel the current USCG approval and apply for an approval of the product from a European Notified Body under the MRA.
Concluding, the USCG highlights that
This guidance is not a substitute for applicable legal requirements, nor is it itself a regulation. It is not intended to nor does it impose legally-binding requirements on any party. It represents the Coast Guard’s current thinking on this topic and is issued for guidance purposes to outline methods of best practice for compliance to the applicable law.
To explore more on the guidance, click on the PDF herebelow
