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National Register of Compliant Equipment

Explanation Notes

 

What is Approval for Listing?

Approval for Listing on the National Register of Compliant Equipment (NRCE) is recognition that a marine safety product or system meets the requirements of the relevant Sections of the Uniform Shipping Laws (USL) Code/National Standard for Commercial Vessels (NSCV) or the National Standard for Recreational Boat Safety Equipment (NSRB-SE) in accordance with the NRCE Policy and Procedures.

The types of safety products accepted as compliant with the NSRB - SE for the purpose of listing on the Register are confined to personal floatation devices (PFDs), flares and navigation lights.

Approval for listing is administered by the National Marine Safety Committee (NMSC).

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What is Compliance?

Compliance is recognition that marine safety product or system design and manufacture meets the requirements of the relevant Sections of the USL Code / NSCV or the NSRB-SE. Compliance can apply to new and innovative products and systems for which internationally recognised test protocols exist, as well as to existing commonly used products and systems. Compliance with the USL Code / NSCV or the NSRB-SE can be demonstrated by submission of an Appraiser Report from a recognised product certification body or testing and listing authority.

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Advantages of Listing on the Register

An item approved for listing can be centrally and clearly recognised throughout Australia as fit for purpose in compliance with the USL Code / NSCV or the NSRB-SE. Product certification / testing and listing provides confidence in the equipment/system as long as it is used in accordance with the specified conditions of the Appraiser Report.

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Listing on the Register should provide nationwide recognition that all State/Territory marine authorities approve the product or system for use on domestic commercial vessels or recreational boats, as applicable. The total cost of compliance assessment and listing (including testing and appraisal) compares favourably with the time and expense of approaching each individual marine authority directly for approval or acceptance.

Approval for listing process

A marine safety product or system will only be listed on the NRCE following consideration of an application, which includes the details of the Applicant, a declaration that an ongoing compliance audit plan is in place, and an accompanying Appraiser Report indicating compliance with the USL Code / NSCV or the NSRB-SE in accordance with the NRCE Policy and Procedures. The types of safety products compliant with the NSRB - SE for which applications will be accepted are confined to personal floatation devices (PFDs), flares and navigation lights.

The procedure to have a product listed, therefore, is a two-stage process.

1. The Applicant must have the product appraised by an independent product certification body to establish compliance with the USL Code/NSCV or the NSRB-SE, and must establish/confirm an ongoing compliance audit program.

2. All Appraiser Reports need to be submitted to the NRCE Administrator with the correctly filled out application form.

The NRCE Administrator will list the product details on the Register and issue a letter confirming the listing details, provided that the NRCE Administrator is satisfied that the Appraiser Report verifies that, if manufactured, installed and/or serviced as specified in the appraisal, the product or system will comply with the specified provisions of the USL Code / NSCV, and that the product or system is subject to periodic scrutiny for compliance via audit.

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The compliance appraisal process

The compliance appraisal process is essentially the technical evaluation of a product or system by an appraiser. This is carried out by direct consultation with the recognized appraiser of choice. The compliance appraisal process culminates in the issuing of an Appraiser Report.

Role of the Appraiser

In general the role of the Appraiser is to:

  • Verify that product testing is conducted in accordance with predetermined standards.
  • Review design and installation manual, if applicable.
  • Identify product limitations, if any.
  • Verify integrity and reliability of product system, if applicable.
  • Have a follow-up audit program available.
  • Publish a list of equipment, if applicable.
  • Provide product certification.

Recognized Appraisers

The following organisations are recognized by the NMSC as being qualified to issue an Appraiser Report for the purposes of the National Register of Compliant Equipment:

Content of the Appraiser Report

The Appraiser Report must contain the following information:

  1. A full description of the product or system.
  2. The appraised use of the product or system, along with any limitations or restrictions on its use.
  3. An opinion that the appraised product or system is suitable for its appraised purpose and that it meets the requirements of the USL Code / NSCV or the NSRB-SE.
  4. The opinion shall include a summary of any tests, calculations, inspections or other evidence that forms the basis of the opinion.
  5. The details of how any licence or approval are obtained, if it is required that the product or system be installed by a specialist installer/applicator.
  6. The details for design, storage, installation and maintenance of the product or system, where appropriate.
  7. The date of the appraisal.

It should be noted that the Appraiser Report must clearly show the appendix/annex in the USL Code/NSCV against which the product has been approved.

Types of Appraiser Reports

The Appraiser Report indicating compliance with the USL Code / NSCV can take the form of the following documentation:

  • Declaration of compliance and results of testing for the purpose by a recognised, Australian-based testing and listing authority.
  • Certificate of compliance issued by a certifying body accredited by the Joint Accreditation Scheme of Australia and New Zealand (JAS-ANZ).
  • Current type approval documentation issued by a ship classification society recognised by the Australian Maritime Safety Authority (AMSA).
  • Approval documentation issued by a Notified Body in accordance with the EU Marine Equipment Directive, Module B (MED-B), or, in the case of personal floatation devices (PFDs) for use on recreational craft, the Personal Protective Equipment Directive, with approval in accordance with Article 10 of the Directive.

Additionally, specific to navigation lights,

  • Current declaration of compliance and results of testing or a certificate of compliance from a recognised, Australian-based testing and listing authority or a certifying body accredited by the Joint Accreditation Scheme of Australia and New Zealand (JAS-ANZ) as indicated above .
  • Current approval documentation from an EU member marine authority accompanied with the associated type test certificate issued by a Notified Body recognised in accordance with the EU Marine Equipment Directive, Module B (MED-B) or other test bodies recognised for the purpose by the EU member marine authority upon which the approval documentation is based.
  • Current approval documentation from the U.S.Coast Guard accompanied with the type test certificate issued by a test body approved by the USCG upon which the approval documentation is based.
In the case of navigation lights, the approval documentation must clearly indicate it has been issued on the basis of meeting the chromaticity and luminosity criteria for navigation lights specified in the International Regulations for the Prevention of Collision at Sea (COLREGS) Rule 22 and Annex 1 Para 7 & 8 including specification of the visibility of the lights in accordance with Annex 1 (i.e. appraised use and limitations/ restrictions) and also include sufficient detail to satisfy all of the Appraisal Report requirements

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Validity of a listing on the Register

Listing on the Register will be valid for a period of five (5) years. The currency of an appraisal must be maintained during the life of the Listing. After the five (5) year listing period, the product has "expired" and must be re-listed. Six (6) months before expiry date, the proprietor will be sent a notice that the product or system listing is due to expire.

Products or systems can be re-listed in five (5) year increments. Re-listing requires provision of a new application form reflecting product/applicant information current at the time of re-listing and an updated Appraiser report evidencing compliance applicable to the new listing period. The NRCE Administrator may change the status of a listing to "Approval Withdrawn" if the renewal process has not been completed by the due date.

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Audit

To ensure that products or systems that are listed continue to be manufactured as compliant product, product certification systems provide for an annual independent audit program. The applicant must ensure that an annual audit is undertaken by a recognised appraiser to determine that the product remains unchanged from the original appraisal. The applicant must immediately inform the NRCE Administrator of any failure of the product or system to remain compliant, either at the time of audit or at any time between audits.

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Withdrawal of approval

Withdrawal

The Registration of Approval incorporates the capacity for withdrawal of approval in the following circumstances:

    (i) Changes to the product or system such that it no longer complies with the provisions of the USL Code / NSCV or the NSRB-SE against which it was appraised.

    (ii) Changes in the USL Code / NSCV or the NSRB-SE such that the product or system no longer complies.

    (iii) Changes to the product or system such that description in the original application no longer applies.

    (iv) Unsatisfactory annual audit report by the Appraiser.

    (v) Withdrawal by the Applicant.

    (vi) Reduction in after sales support, manufacturer product recall or other change in the Applicants business status that negatively impacts on the product or system.

    (vii) Misrepresentation or concealment of the facts by the Applicant or Appraiser.

    (viii) Failure of the product in service, where it can be shown that the failure resulted from sub-standard design or manufacture.

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Notice of Withdrawal

Where an approval is withdrawn, the NRCE Administrator shall advise the manufacturer or supplier of the reasons for withdrawal and what action is required for reinstatement.
Details of all approvals that are withdrawn shall be noted on the register for 12 months after the date of withdrawal, unless the approval is reinstated. Where the approval is not reinstated, the product listing shall be removed from the register 12 months after withdrawal.

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Schedule of Fees

The NMSC National Register of Compliant Equipment scheme is aimed at cost recovery. The costs of administering the applications for listing and maintaining the NRCE are recovered by way of a fee structure comprised of two (2) components:

1. Annual Subscription Fee (includes joining fee),

2. Product Listing Fee.

Applicants will be invoiced once the application has been assessed and the product is listed.

Subscription Fee

(i) Joining Fee: The joining fee is a once only fee payable at the time an applicant lists a product for the first time.

(ii) Annual Subscription Fee: Subscription fees are applicable on an annual basis. They will be invoiced each annual anniversary month relating to the Joining Fee for the duration that the applicant has any product or system listed on the NRCE.

Example: if the joining fee was paid in May 2002, then subsequent subscription fees are due in May, 2003, May, 2004 etc.

Product Listing Fee

The Product Listing Fee is a one-off fee for the full five year listing period. It is applicable each time a product is listed on the NRCE ie it is applied once at the time of the product or system's initial listing and once at each time of re-listing.

The Product Listing Fee is related directly to the Recommended Retail Price of the product being listed and will be levied for each product listed. To encourage efficient listing of products, the product listing fees of all products submitted as a batch at the one time, by a single applicant, will be capped.

Fee Structure

Joining Fee: $500
Annual Subscription Fee: $250
Product listing Fees: Product Value Listing Fee
$0-$500 $50
$501-$1,000 $75
$1,001-$5,000 $100
$5,001-$20,000 $250
>$20,000 $500
Product Listing Fee Cap:   $500

Listing Example

Applicant A applies to list 2 products, one with an RRP of $250 and one with an RRP of $600. The applicant has no product currently listed on the NRCE. The fee levied for the successful application would be:

Joining Fee $ 500.00
Product 1 listing fee: $   50.00
Product 2 listing fee: $   75.00
Sub-total $ 625.00
GST $   62.50
Total $ 687.50

Payment

Payment should accompany application or be provided on receipt of invoice from National Marine Safety Committee Inc. Cheques should be made payable to National Marine Safety Committee Inc. Credit card payments are acceptable on receipt of authorised faxed instructions.

Compliance Appraisal

The cost of compliance appraisal is a matter between the proprietor and the appraisal organisation.

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Confidentiality

The NRCE Administrator shall regard information contained in any application for listing on the NRCE as confidential.

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