S.L. 234.40 Art. 10Exemptions in exceptional circumstances.

(1) If equipment to which these regulations apply has to be replaced in a port outside the European Union and if it is not practicable for reasons of time, delay or cost to replace the equipment which bears the wheelmark, other equipment may be placed on board: Provided that:

(a) the equipment shall be accompanied by documentation issued by a Member State of the International Maritime Organization (IMO) which is a party to the relevant conventions, certifying compliance with the relevant IMO requirements; and

(b) the Registrar-General shall be informed at once of the nature and characteristics of such other marine equipment; and

(c) at the earliest opportunity, it shall be ensured that the marine equipment referred to in sub-regulation (1), along with its testing documentation, complies with the relevant requirements of the international instruments and of these regulations.

(2) Where it has been demonstrated that specific marine equipment bearing the wheel mark is not available on the market, the Registrar-General may authorise other marine equipment to be placed on board.

(3) The authorised marine equipment shall comply, as much as possible, with the requirements and testing standards referred to in regulation 4.

(4) The marine equipment placed on board shall be accompanied by an interim certificate of approval issued by the Registrar-General or by another Member State, stating the following:

(a) the equipment bearing the wheel mark which the certified equipment is due to replace;

(b) the exact circumstances under which the certificate of approval has been issued, and in particular the unavailability in the market of equipment bearing the wheel mark;

(c) the exact design, construction and performance requirements against which the equipment has been approved by the certifying Member State; and

(d) the testing standards applied, if any, in the relevant approval procedures.