NVIC 02-19: Marine equipment approvals under mutual recognition agreements

Commandant 2703 Martin Luther King Jr Ave SE United States Coast Guard Mail Stop 7509 Washington, DC 20593-7509 Staff Symbol: CG-ENG Phone: (202) 372-1393 COMDTCHANGENOTE 16700.4 NVIC 02-19 28 DEC 2023 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 02-19, CH-2 Subj: CHANGE 2 TO GUIDE TO MARINE EQUIPMENT APPROVALS COVERED BY A MUTUAL RECOGNITION AGREEMENT (MRA), NVIC 02-19, COMDTPUT 16700.4 Ref: (a) Guide to Marine Equipment Approvals Covered by a Mutual Recognition Agreement, NVIC 02-19, COMDTPUB 16700.4

Guide to Marine Equipment Approvals Covered by a Mutual Recognition Agreement (MRA) — PURPOSE. This Commandant Change Notice publishes CH-2 to reference (a).

PURPOSE. This Commandant Change Notice publishes CH-2 to reference (a).

Guide to Marine Equipment Approvals Covered by a Mutual Recognition Agreement (MRA) — ACTION.

a. Officers in Charge, Marine Inspections (OCMI) and the Commanding Officer, Marine Safety Center are encouraged to bring this circular to the attention of the marine industry and other marine interests within their areas of responsibility. b. Coast Guard marine inspectors, Recognized Organizations (RO) acting on behalf of the Coast Guard, and other involved parties are encouraged to review the guidance contained in this Circular when determining if a material, item, or system is “USCG approved”. c. Manufacturers seeking, or currently holding, USCG approval are encouraged to review the guidance contained in this Circular to determine if the MRAs will permit their particular product to be approved in accordance with the UK technical regulations, item number indicated in Annex I of Merchant Shipping Notice 1874, as amended and/or the European Directive on Marine Equipment (Council Directive 2014/90/EU as amended on Marine Equipment).

Guide to Marine Equipment Approvals Covered by a Mutual Recognition Agreement (MRA) — DIRECTIVE AFFECTED. With the release of this Commandant Change Notice, reference

(a) is updated.

Guide to Marine Equipment Approvals Covered by a Mutual Recognition Agreement (MRA) — DISCUSSION.

a. The United States (US) Mutual Recognition Agreement(s) (MRA) with the United Kingdom of Great Britain and Northern Ireland (UK), the European Community (EC) and the European Economic Area (EEA) of the European Free Trade Association (EFTA) were recently amended which added additional product categories and updated existing Subj: CHANGE 2 TO GUIDE TO MARINE EQUIPMENT APPROVALS COVERED BY A MUTUAL RECOGNITION AGREEMENT (MRA), NVIC 02-19, COMDTPUT 16700.4 product category item numbers. Amendments entered into force on December 8, 2023, May 26, 2023, and August 24, 2023, respectively. b. The agreements allow reciprocal approvals to be given by the US and the other Party for certain marine products where it has been found that the approval process is identical, or the equipment has equivalent requirements. c. Reference (a) describes how the MRA will work, answers some anticipated questions regarding the process for obtaining approval using the MRA, and how to determine compliance. d. This Commandant Change Notice amends reference (a) to reflect the amendments to the MRAs.

Guide to Marine Equipment Approvals Covered by a Mutual Recognition Agreement (MRA) — DISCLAIMER. 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. You can use an alternative approach if the approach satisfies the requirements of the applicable statutes and regulations.

Guide to Marine Equipment Approvals Covered by a Mutual Recognition Agreement (MRA) — MAJOR CHANGES. This Commandant Change Notice revises reference (a) as follows:

a. Enclosure (3) is combined with Enclosure (2) to provide the US/EC, US/EEA EFTA, and US/UK product scope with USCG approval categories in the same table. b. Enclosure (2) of reference (a) is amended to include four additional product categories. c. Enclosure (2) of reference (a) is amended to include twelve updated UK and MED item numbers. Where item numbers have changed, the previous item number is noted. d. Added most recent MRA amendment dates and updated total number of products covered under the MRAs.

Guide to Marine Equipment Approvals Covered by a Mutual Recognition Agreement (MRA) — ENVIRONMENTAL ASPECT AND IMPACT CONSIDERATIONS.

a. The development of this NVIC and the general policies contained within it have been thoroughly reviewed by the originating office and are categorically excluded (CE) under current DHS Categorical Exclusion A3 from further environmental analysis, in accordance with Chapter 3 B. and Table3-1 of the National Environmental Policy Act Implementing Procedures and Policy for Considering Environmental Impacts, COMDTINST 5090.1 (series). Because this NVIC implements, without substantive change, the applicable Commandant Instruction or other federal agency regulations, procedures, manuals, and other guidance documents, Coast Guard categorical exclusion #A3 is appropriate. b. This NVIC will not have any of the following: significant cumulative impacts on the human environment; substantial controversy or substantial change to existing environmental conditions; or inconsistencies with any Federal, State, or local laws or administrative determinations relating to the environment. All future specific actions resulting from the general policies in this NVIC must be individually evaluated for compliance with the National Environmental Policy Act (NEPA), DHS and Coast Guard NEPA policy, and compliance with all other environmental mandates.

Guide to Marine Equipment Approvals Covered by a Mutual Recognition Agreement (MRA) — DISTRIBUTION. No paper distribution will be made of this NVIC. An electronic version

will be located at https://www.dco.uscg.mil/Our-Organization/NVIC/.

Guide to Marine Equipment Approvals Covered by a Mutual Recognition Agreement (MRA) — PROCEDURE. Reference (a) is superseded by Guide to Marine Equipment Approvals

Covered by a Mutual Recognition Agreement, NVIC 02-19, Change 2, COMDTPUB 16700.4

Guide to Marine Equipment Approvals Covered by a Mutual Recognition Agreement (MRA) — RECORDS MANAGEMENT CONSIDERATIONS. This NVIC has been thoroughly

reviewed during the directives clearance process, and it has been determined there are no further records scheduling requirements, in accordance with the Federal Records Act (44 U.S.C. 3101 et seq.), NARA requirements, and the Information and Life Cycle Management Manual, COMDTINST M5212.12 (series). This policy does not create significant or substantial change to existing records management requirements.

Guide to Marine Equipment Approvals Covered by a Mutual Recognition Agreement (MRA) — FORMS/REPORTS. None.

FORMS/REPORTS. None.

Guide to Marine Equipment Approvals Covered by a Mutual Recognition Agreement (MRA) — REQUEST FOR CHANGES. All requests for changes and questions regarding

implementation of this NVIC and/or requests for changes should be directed to the contact Life Saving and Fire Safety Division (CG-ENG-4) staff at TypeApproval@uscg.mil. W. R. ARGUIN Rear Admiral, U.S. Coast Guard Assistant Commandant for Prevention Policy Commandant 2703 Martin Luther King Jr Ave SE United States Coast Guard Mail Stop 7509 Washington, DC 20593-7509 Staff Symbol: CG-ENG Phone: (202) 372-1393 COMDTCHANGENOTE 16700.4 NVIC 02-19 01 JAN 2021 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 02-19, CH-1 Subj: CHANGE 1 TO GUIDE TO MARINE EQUIPMENT APPROVALS COVERED BY A MUTUAL RECOGNITION AGREEMENT (MRA), NVIC 02-19, COMDTPUB 16700.4 Ref: (a) Guide to Marine Equipment Approvals Covered by a Mutual Recognition Agreement

(MRA), NVIC 02-19, COMDTPUB 16700.4 1. PURPOSE. This Commandant Change Notice publishes CH-1 to reference (a). 2. ACTION. a. Officers in Charge, Marine Inspection (OCMI) and the Commanding Officer, Marine Safety Center are encouraged to bring this circular to the attention of the marine industry and other marine interests within their areas of responsibility. b. Coast Guard marine inspectors, Recognized Organizations (RO) acting on behalf of the Coast Guard, and other involved parties are encouraged to review the guidance contained in this Circular when determining if a material, item, c. Manufacturers seeking, or currently holding, USCG approval are encouraged to review the guidance contained in this Circular to determine if the MRAs will permit their particular product to be approved in accordance with the UK technical regulations, item number indicated in Annex I of Merchant Shipping Notice 1874, as amended and/or the European Directive on Marine Equipment (Council Directive 2014/90/EU as amended on Marine Equipment). 3. DIRECTIVE AFFECTED. With the release of this Commandant Change Notice, reference

(a) is updated. 4. DISCUSSION. a. On February 14, 2019, the United States of America (US) signed a mutual recognition agreement (MRA) with the United Kingdom of Great Britain and Northern Ireland (UK) for the Mutual Recognition of Certificates of Conformity for Marine Equipment. This agreement became effective on January 1, 2021. This MRA is parallel to the previously signed MRAs between the US and the European Community (EC), and the US and the European Free Trade Association

(EFTA) countries, which are part of the European Economic Area (EEA). b.

The agreements allow reciprocal approvals to be given by the US and the other Party for certain marine products where it has been found that the approval process is identical or the equipment has equivalent requirements. c.

Reference (a) describes how the MRA will work, answers some anticipated questions regarding the process for obtaining approval using the MRA, and how to determine compliance. d.

This Commandant Change Notice amends reference (a) to include the newly effective US UK MRA. 5.

DISCLAIMER.

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 guidance purposes to outline methods of best practice for compliance to the applicable law.

You can use an alternative approach if the approach satisfies the requirements of the applicable statutes and regulations. 6.

MAJOR CHANGES.

This Commandant Change Notice revises reference (a) as follows: a.

Where reference (a) refers to it is amended to include the UK. b.

Where reference (a) refers to the two MRAs, it is amended to read . c.

Where reference (a) refers to the European Directive on Marine Equipment (Council Directive 2014/90/EC as amended on Marine Equipment), it is amended to include the UK technical regulations, item number indicated in Annex I of Merchant Shipping Notice 1874, as amended. d.

Where reference (a) refers to the mark of conformity, it is amended to include the UK ensign e.

Where reference (a) refers to Notified Bodies, it is amended to include UK Approved Bodies. f.

Reference to the OMB control number for collection of information is added to paragraph 4.0 of Enclosure (1). g.

Enclosure (3) is added to include the UK technical regulations for each product covered by the MRA.

Commandant 2703 Martin Luther King Jr Ave SE United States Coast Guard Mail Stop 7509 Washington, DC 20593-7509 Staff Symbol: CG-ENG Phone: (202) 372-1393 COMDTPUB P16700.4 NVIC 02-19 01 NOV 2019 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 02-19 Subj: GUIDE TO MARINE EQUIPMENT APPROVALS COVERED BY A MUTUAL RECOGNITION AGREEMENT (MRA) 1.

PURPOSE. a.

This document revises Navigation and Vessel Inspection Circular (NVIC) No. 02-19 and provides guidance on the parallel agreements the United States of America (US) has with the United Kingdom of Great Britain and Northern Ireland (UK), the European Community (EC) and with the European Free Trade Association (EFTA) countries which are part of 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. b.

The objectives of the mutual recognition agreements (MRAs) are to facilitate US – UK, US - EC and US – EEA EFTA trade in marine equipment and to promote bilateral cooperation on international marine equipment regulations.

The agreements allow a manufacturer to reach the US, UK, and European (EC and EEA EFTA Member States) markets on the basis of demonstrating compliance with one set of regulatory requirements.

This can directly lead to a reduction of costs for manufacturers in terms of testing and certification. c.

The agreements are commonly referred to as the “MRA on marine equipment” and are simply referred to as the “MRAs” in this Navigation and Vessel Inspection Circular.

The mutual recognition agreement between the US and the UK was signed on February 14, 2019 and became effective on January 1, 2021.

The mutual recognition agreement between the US and the EC was signed on February 27, 2004 and became effective on July 1, 2004.

The mutual recognition agreement between the US and Norway, Iceland DISTRIBUTION – SDL No. 169 a b c d e f g h i j k l m n o p q r s t u v w x y z A B X X X X C X X X X D E X X X F G H X NON-STANDARD DISTRIBUTION NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 02-19 and Liechtenstein, which represent the EEA EFTA Member States, was signed on October 17, 2005, and became effective on March 1, 2006.

The European regulations governing marine equipment were updated in 2014, and as a result, these agreements were updated.

The updated agreements became effective on February 18, 2019, and February 22, 2019, respectively.

The updated agreements with the EC, signed by the European Union (EU), and EFTA also expanded the types of equipment covered under the MRA. d.

This 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. 2.

ACTION. a.

Officers in Charge, Marine Inspections (OCMI) and the Commanding Officer, Marine Safety Center are encouraged to bring this circular to the attention of the marine industry and other marine interests within their areas of responsibility. b.

Coast Guard marine inspectors, Recognized Organizations (RO) acting on behalf of the Coast Guard, and other involved parties are encouraged to review the guidance contained in this Circular when determining if a material, item, or system is “USCG approved”. c.

Manufacturers seeking, or currently holding, USCG approval are encouraged to review the guidance contained in this Circular to determine if the MRAs will permit their particular product to be approved in accordance with the UK technical regulations, item number indicated in Annex I of Merchant Shipping Notice 1874, as amended and/or the European Directive on Marine Equipment (Council Directive 2014/90/EU as amended on Marine Equipment). 3.

DIRECTIVE AFFECTED.

NVIC 08-04, Change 1 is cancelled. 4.

BACKGROUND. a.

In December 1998, the United States Trade Representative (USTR) proposed to the European Commission the negotiation of an MRA on marine equipment under the Transatlantic Economic Partnership and in February 2004, the United States and the EEA EFTA States (Norway, Iceland and Liechtenstein) initiated negotiations on a MRA to parallel the 1998 US - EC MRA.

The Lifesaving and Fire Safety Division (CG-ENG-4) worked in close cooperation with USTR to develop the MRA product scope based on a detailed product-by-product review of the US and EC marine equipment requirements.

Many of the US, EFTA and EC marine equipment requirements are based on standards and testing specified by the Safety of Life At Sea Convention (SOLAS).

Only products having identical or equivalent requirements in each market were included in the scope of the agreement. b.

Since the genesis of the MRAs, the regulatory landscape has changed.

A new Marine Equipment Directive (MED) became effective September 2016, repealing the previous NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 02-19 Directive.

New Coast Guard regulations and policies have harmonized many approvals with international instruments.

Based on years of continued experience with the Agreements and the increased regulatory alignment, additional navigation equipment, position indicating lights, structural fire protection for high speed craft, and other miscellaneous items were identified to include in these updated agreements. c.

On February 14, 2019, the United States of America (US) signed a mutual recognition agreement (MRA) with the United Kingdom of Great Britain and Northern Ireland (UK) for the Mutual Recognition of Certificates of Conformity for Marine Equipment.

This MRA is parallel to the previously signed US - EC MRA and the US – EEA EFTA MRA.

The UK exited the EU on January 31, 2020.

This agreement became effective after the transition out of the EU was complete, on January 1, 2021. d.

Additionally, 46 CFR Subchapter Q was updated to codify the procedures for obtaining USCG approval under the MRAs in 46 CFR subpart 159.003.

Sections 159.003–3 and 159.003–5 of this subpart specify that the Coast Guard can accept foreign approvals under the MRAs and may issue approvals under the MRAs. 5.

DISCUSSION. a.

The agreements allow reciprocal approvals to be given by the US, UK and European Member States for certain marine products where it has been found that the approval process is identical or equivalent.

Manufacturers will be able to obtain USCG approval, UK approval and/or European approval through one review process. b.

For example, a manufacturer having a USCG approval for a hand flare distress signal is eligible to obtain UK approval and European approval without further testing.

In this case, the manufacturer would make application to the Coast Guard.

The Coast Guard would authorize the use of the UK mark of conformity (red ensign) and the European mark of conformity (wheelmark) based on the MRA and update the certificate of approval.

The manufacturer will then be able to sell the product in the UK and European Member States. c.

Conversely, manufacturers currently having the “red ensign” or “wheelmark” can obtain USCG approval on eligible products by making application to the appropriate UK Approval Body or European Notified Body.

The UK Approval Body or European Notified Body will authorize the use of a USCG approval number (slightly modified for distinction) and update their approval certificate.

Manufacturers who obtain USCG approval through the MRA will have their products design and production evaluated by a UK Approval Body or European Notified Body.

This process is similar to the USCG approval process.

Additionally, the UK technical regulations and the MED require the UK and European Member States to establish and maintain a Market Surveillance program to identify and mitigate non-conformities in marine equipment.

The Market Surveillance Authorities meet biannually to coordinate efforts and share product information.

CG-ENG actively participates in this process.

Enclosure (1) provides a more detailed description of the UK and European approval processes.

NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 02-19 d.

The product scope of the MRAs includes 73 products in three categories: lifesaving, fire protection, and navigational equipment.

Enclosure (2) is a reference table with the USCG approval category.

Some marine products requiring approval were not included because equivalence could not be determined; therefore, products will not be accepted as “USCG approved” simply based on UK approval markings (i.e. red ensign) or European approval markings (i.e., the wheelmark). e.

Manufacturers who obtain UK and/or European approval through the Coast Guard need to provide a declaration of conformity for the product in compliance with the UK technical regulations and/or the MED.

Manufacturers should review the current UK and/or EC declaration of conformity requirements. f.

Manufacturers that receive approval from the Coast Guard for their product under the MRAs will affix a red ensign, wheelmark, and USCG Approval number to their product.

The red ensign indicates that the product has obtained approval under the US - UK MRA.

The wheelmark indicates that the product has obtained approval under the US - EC MRA and the US – EEA EFTA MRA. g.

The MRAs do not change the requirements of vessel owners and operators to use USCG approved equipment where required on US flag vessels.

However, they do allow vessel owners and operators to purchase and install equipment that has been approved (issued a red ensign and/or wheelmark and a USCG Approval number) under the requirements of the MRAs by a UK Approval Body, or a European Notified Body.

OCMIs and ROs acting on behalf of the Coast Guard will continue to require USCG approval where required by the applicable regulations. h.

Should a product be found to not comply with the applicable standards or can pose an imminent danger to health, safety or the environment, the MRAs have a provision for a two-way alert system, which will be used to pass information quickly on such products and initiate corrective action. 6.

DISCLAIMER.

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.

You can use an alternative approach if the approach satisfies the requirements of the applicable statutes and regulations. 7.

ENVIRONMENTAL ASPECT AND IMPACT CONSIDERATIONS. a.

The development of this NVIC and the general policies contained within it have been thoroughly reviewed by the originating office, and are categorically excluded (CE) under current DHS Categorical Exclusion A3 from further environmental analysis, in accordance with Chapter 3 B. and Table3-1 of the National Environmental Policy Act Implementing Procedures and Policy for Considering Environmental Impacts, COMDTINST 5090.1 (series).

Because this NVIC implements, without substantive NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 02-19 change, the applicable Commandant Instruction or other federal agency regulations, procedures, manuals, and other guidance documents, Coast Guard categorical exclusion #A3 is appropriate. b.

This NVIC will not have any of the following: significant cumulative impacts on the human environment; substantial controversy or substantial change to existing environmental conditions; or inconsistencies with any Federal, State, or local laws or administrative determinations relating to the environment.

All future specific actions resulting from the general policies in this NVIC must be individually evaluated for compliance with the National Environmental Policy Act (NEPA), DHS and Coast Guard NEPA policy, and compliance with all other environmental mandates. 8.

DISTRIBUTION.

No paper distribution will be made of this NVIC.

An electronic version will be located at https://www.dco.uscg.mil/Our-Organization/NVIC/. 9.

RECORDS MANAGEMENT CONSIDERATIONS.

This NVIC has been thoroughly reviewed during the directives clearance process, and it has been determined there are no further records scheduling requirements, in accordance with the Federal Records Act (44 U.S.C. 3101 et seq.), NARA requirements, and the Information and Life Cycle Management Manual, COMDTINST M5212.12 (series).

This policy does not create significant or substantial change to existing records management requirements. 10.

FORMS/REPORTS.

None. 11.

REQUEST FOR CHANGES.

All requests for changes and questions regarding implementation of this NVIC and/or requests for changes should be directed to the contact Life Saving and Fire Safety Division (CG-ENG-4) staff at TypeApproval@uscg.mil. //s// R.

V.

TIMME Rear Admiral, U.S.

Coast Guard Assistant Commandant for Prevention Policy Encl: (1) Guide to Mutual Recognition Agreement

(2) MRA Product Scope with USCG Approval Categories