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Document 02013L0053-20131228
Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (Text with EEA relevance)
Consolidated text: Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (Text with EEA relevance)
Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (Text with EEA relevance)
02013L0053 — EN — 28.12.2013 — 000.001
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DIRECTIVE 2013/53/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (OJ L 354 28.12.2013, p. 90) |
Corrected by:
DIRECTIVE 2013/53/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 November 2013
on recreational craft and personal watercraft and repealing Directive 94/25/EC
(Text with EEA relevance)
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Directive lays down requirements for the design and manufacture of products referred to in Article 2(1) and rules on their free movement in the Union.
Article 2
Scope
This Directive shall apply to the following products:
recreational craft and partly completed recreational craft;
personal watercraft and partly completed personal watercraft;
components listed in Annex II when placed on the Union market separately, hereinafter referred to as ‘components’;
propulsion engines which are installed or specifically intended for installation on or in watercraft;
propulsion engines installed on or in watercraft that are subject to a major engine modification;
watercraft that are subject to major craft conversion.
This Directive shall not apply to the following products:
with regard to the design and construction requirements set out in Part A of Annex I:
watercraft intended solely for racing, including rowing racing boats and training rowing boats, labelled as such by the manufacturer;
canoes and kayaks designed to be propelled solely by human power, gondolas and pedalos;
surfboards designed solely to be propelled by wind and to be operated by a person or persons standing;
surfboards;
original historical watercraft and individual replicas thereof designed before 1950, built predominantly with the original materials and labelled as such by the manufacturer;
experimental watercraft, provided that they are not placed on the Union market;
watercraft built for own use, provided that they are not subsequently placed on the Union market during a period of five years from the putting into service of the watercraft;
watercraft specifically intended to be crewed and to carry passengers for commercial purposes, without prejudice to paragraph 3, regardless of the number of passengers;
submersibles;
air cushion vehicles;
hydrofoils;
external combustion steam powered watercraft, fuelled by coal, coke, wood, oil or gas;
amphibious vehicles, i.e. wheeled or track-laying motor vehicles, which are able to operate both on water and on solid land;
with regard to exhaust emission requirements set out in Part B of Annex I:
propulsion engines installed or specifically intended for installation on the following products:
original and individual replicas of historical propulsion engines, which are based on a pre-1950 design, not produced in series and fitted on watercraft referred to in points (v) or (vii) of point (a);
propulsion engines built for own use provided that they are not subsequently placed on the Union market during a period of five years from the putting into service of the watercraft;
with regard to noise emission requirements referred to in Part C of Annex I:
all watercraft referred to in point (b);
watercraft built for own use, provided that they are notsubsequently placed on the Union market during a period of five years from the putting into service of the watercraft.
Article 3
Definitions
For the purposes of this Directive the following definitions shall apply:
‘watercraft’ means any recreational craft or personal watercraft;
‘recreational craft’ means any watercraft of any type, excluding personal watercraft, intended for sports and leisure purposes of hull length from 2,5 m to 24 m, regardless of the means of propulsion;
‘personal watercraft’ means a watercraft intended for sports and leisure purposes of less than 4 m in hull length which uses a propulsion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull;
‘watercraft built for own use’ means a watercraft predominantly built by its future user for his own use;
‘propulsion engine’ means any spark or compression ignition, internal combustion engine used directly or indirectly for propulsion purposes;
‘major engine modification’ means the modification of a propulsion engine which could potentially cause the engine to exceed the emission limits set out in Part B of Annex I or increases the rated power of the engine by more than 15 %;
‘major craft conversion’ means a conversion of a watercraft which changes the means of propulsion of the watercraft, involves a major engine modification, or alters the watercraft to such an extent that it may not meet the applicable essential safety and environmental requirements laid down in this Directive;
‘means of propulsion’ means the method by which the watercraft is propelled;
‘engine family’ means the manufacturer’s grouping of engines which, through their design, have similar exhaust or noise emission characteristics;
‘hull length’ means the length of the hull measured in accordance with the harmonised standard;
‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;
‘placing on the market’ means the first making available of a product on the Union market;
‘putting into service’ means the first use of a product covered by this Directive in the Union by its end-user;
‘manufacturer’ means any natural or legal person who manufactures a product or has such a product designed or manufactured, and markets that product under his name or trademark;
‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from the manufacturer to act on his behalf in relation to specified tasks;
‘importer’ means any natural or legal person established within the Union who places a product from a third country on the Union market;
‘private importer’ means any natural or legal person established within the Union who imports in the course of a non-commercial activity a product from a third country into the Union with the intention of putting it into service for his own use;
‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;
‘economic operators’ means the manufacturer, the authorised representative, the importer and the distributor;
‘harmonised standard’ means harmonised standard as defined in point (c) of Article 2(1) of Regulation (EU) No 1025/2012;
‘accreditation’ means accreditation as defined in point 10 of Article 2 of Regulation (EC) No 765/2008;
‘national accreditation body’ means national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008;
‘conformity assessment’ means the process demonstrating whether the requirements of this Directive relating to a product have been fulfilled;
‘conformity assessment body’ means a body that performs conformity assessment activities including calibration, testing, certification and inspection;
‘recall’ means any measure aimed at achieving the return of a product that has already been made available to the end-user;
‘withdrawal’ means any measure aimed at preventing a product in the supply chain from being made available on the market;
‘market surveillance’ means the activities carried out and measures taken by public authorities to ensure that products comply with the applicable requirements set out in Union harmonisation legislation and do not endanger health, safety or any other aspect of public interest protection;
‘CE marking’ means a marking by which the manufacturer indicates that the product is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing;
‘Union harmonisation legislation’ means any Union legislation harmonising the conditions for the marketing of products.
Article 4
Essential requirements
Article 5
National provisions concerning navigation
This Directive shall not prevent Member States from adopting provisions concerning navigation on certain waters for the purpose of protection of the environment, the fabric of waterways, and ensuring safety of waterways, provided that those provisions do not require modification to watercraft conforming to this Directive and that those provisions are justified and proportionate.
Article 6
Free movement
Member States shall not impede the making available on the market or putting into service of any of the following propulsion engines:
engines, whether or not installed in watercraft, complying with this Directive;
engines installed in watercraft and type-approved in accordance with Directive 97/68/EC which are in compliance with stage III A, stage III B or stage IV emission limits for CI engines used in other applications than propulsion of inland waterway vessels, locomotives and railcars, as provided for in point 4.1.2. of Annex I to that Directive, complying with this Directive, with the exclusion of the exhaust emission requirements set out in Part B of Annex I;
engines installed in watercraft and type-approved in accordance with Regulation (EC) No 595/2009, complying with this Directive, with the exclusion of the exhaust emission requirements set out in Part B of Annex I.
Points (b) and (c) of the first subparagraph shall apply subject to the condition that where an engine is adapted for installation in a watercraft, the person undertaking the adaptation shall ensure that full account is taken of the data and other information available from the engine manufacturer in order to ensure that, when installed in accordance with the installation instructions provided by the person adapting the engine, that engine will continue to meet the exhaust emission requirements of either Directive 97/68/EC or of Regulation (EC) No 595/2009, as declared by the engine manufacturer. The person adapting the engine shall declare, as referred to in Article 15, that the engine will continue to meet the exhaust emission requirements of either Directive 97/68/EC or of Regulation (EC) No 595/2009, as declared by the engine manufacturer, when installed in accordance with the installation instructions supplied by the person adapting the engine.
CHAPTER II
OBLIGATIONS OF ECONOMIC OPERATORS AND PRIVATE IMPORTERS
Article 7
Obligations of manufacturers
Where compliance of a product with the applicable requirements has been demonstrated by that procedure, manufacturers shall draw up a declaration, as referred to in Article 15 and mark and affix the CE marking, as set out in Articles 17 and 18.
When deemed appropriate with regard to the risks presented by a product, manufacturers shall, to protect the health and safety of consumers, carry out sample testing of products made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming products and product recalls, and shall keep distributors informed of any such monitoring.
Article 8
Authorised representatives
An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The mandate shall allow the authorised representative to do at least the following:
keep a copy of the declaration, as referred to in Article 15, and the technical documentation at the disposal of national surveillance authorities for 10 years after the product has been placed on the market;
further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a product;
cooperate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by products covered by their mandate.
Article 9
Obligations of importers
Where an importer considers or has reason to believe that a product is not in conformity with the requirements set out in Article 4(1) and Annex I, he shall not place the product on the market until it has been brought into conformity. Furthermore, where the product presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Article 10
Obligations of distributors
Where a distributor considers or has reason to believe that a product is not in conformity with the requirements set out in Article 4(1) and Annex I, he shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a risk, the distributor shall inform the manufacturer or the importer, as well as the market surveillance authorities, to that effect.
Article 11
Cases in which obligations of manufacturers apply to importers and distributors
An importer or distributor shall be considered a manufacturer for the purposes of this Directive and he shall be subject to the obligations of the manufacturer under Article 7, where he places a product on the market under his name or trademark or modifies a product already placed on the market in such a way that compliance with the requirements of this Directive may be affected.
Article 12
Obligations of private importers
Article 13
Identification of economic operators
Economic operators shall, on request, identify the following to the market surveillance authorities:
any economic operator who has supplied them with a product;
any economic operator to whom they have supplied a product.
Economic operators shall be able to present the information referred to in the first subparagraph for a period of 10 years after they have been supplied with the product and for a period of 10 years after they have supplied the product.
Private importers shall be able to present the information referred to in the first subparagraph for a period of 10 years after they have been supplied with the product.
CHAPTER III
CONFORMITY OF THE PRODUCT
Article 14
Presumption of conformity
Products which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in Article 4(1) and Annex I.
Article 15
EU declaration of conformity and declaratio in accordance with Annex III
The EU declaration of conformity referred to in paragraph 3 shall accompany the following products when they are made available on the market or put into service:
watercraft;
components when placed on the market separately;
propulsion engines.
Article 16
General principles of the CE marking
The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.
Article 17
Products subject to CE marking
The following products are subject to CE marking when they are made available on the market or put into service:
watercraft;
components;
propulsion engines.
Article 18
Rules and conditions for affixing the CE marking
The identification number of the notified body shall be affixed by the body itself or, under its instructions, by the manufacturer or his authorised representative, or by the person referred to in Article 19(2), (3) or (4).
CHAPTER IV
CONFORMITY ASSESSMENT
Article 19
Applicable conformity assessment procedures
Article 20
Design and construction
With regard to design and construction of recreational craft the following procedures set out in Annex II to Decision No 768/2008/EC shall apply:
For design categories A and B referred to in point 1 of Part A of Annex I:
For recreational craft of hull length from 2,5 m to less than 12 m, any of the following modules:
For recreational craft of hull length from 12 m to 24 m, any of the following modules:
For design category C referred to in point 1 of Part A of Annex I:
For recreational craft of hull length from 2,5 m to less than 12 m, any of the following modules:
For recreational craft of hull length from 12 m to 24 m, any of the following modules:
For design category D referred to in point 1 of Part A of Annex I:
for recreational craft of hull length from 2,5 m to 24 m, any of the following modules:
With regard to design and construction of personal watercraft any of the following procedures set out in Annex II to Decision No 768/2008/EC shall apply:
Module A (internal production control);
Module A1 (internal production control plus supervised product testing);
Module B (EU type-examination) together with Module C, D, E or F;
Module G (conformity based on unit verification);
Module H (conformity based on full quality assurance).
With regard to design and construction of components any of the following procedures set out in Annex II to Decision No 768/2008/EC shall apply:
Module B (EU type-examination) together with Module C, D, E or F;
Module G (conformity based on unit verification);
Module H (conformity based on full quality assurance).
Article 21
Exhaust emissions
With regard to exhaust emissions, for products referred to in points (d) and (e) of Article 2(1), the engine manufacturer shall apply the following procedures set out in Annex II to Decision No 768/2008/EC:
where tests are conducted using the harmonised standard, any of the following modules:
Module B (the EU type-examination) together with Module C, D, E or F;
Module G (conformity based on unit verification);
Module H (conformity based on full quality assurance);
where tests are conducted without using the harmonised standard, any of the following modules:
Module B (the EU type-examination) together with Module C 1;
Module G (conformity based on unit verification).
Article 22
Noise emissions
With regard to noise emissions for recreational craft with stern drive propulsion engines without integral exhausts or inboard propulsion engine installations and for recreational craft with stern drive propulsion engines without integral exhausts or with inboard propulsion engine installations which are subject to major craft conversion and subsequently placed on the market within five years following conversion, the manufacturer shall apply the following procedures set out in Annex II to Decision No 768/2008/EC:
where tests are conducted using the harmonised standard for noise measurement, any of the following modules:
Module A1 (internal production control plus supervised product testing);
Module G (conformity based on unit verification);
Module H (conformity based on full quality assurance).
Where tests are conducted without using the harmonised standard for noise measurement, Module G (conformity based on unit verification).
Where the Froude number and power displacement ratio method is used for assessment, any of the following modules:
Module A (internal production control);
Module G (conformity based on unit verification);
Module H (conformity based on full quality assurance).
With regard to noise emissions for personal watercraft and outboard propulsion engines and stern drive propulsion engines with integral exhausts intended for installation on recreational craft, the personal watercraft or engine manufacturer shall apply the following procedures set out in Annex II to Decision No 768/2008/EC:
Where tests are conducted using the harmonised standard for noise measurement, any of the following modules:
Module A1 (internal production control plus supervised product testing);
Module G (conformity based on unit verification);
Module H (conformity based on full quality assurance).
Where tests are conducted without using the harmonised standard for noise measurement, Module G (conformity based on unit verification).
Article 23
Post-construction assessment
The post-construction assessment referred to in Article 19(2), (3) and (4) shall be carried out as set out in Annex V.
Article 24
Supplementary requirements
A production type referred to in Module B may cover several versions of the product provided that:
the differences between the versions do not affect the level of safety and the other requirements concerning the performance of the product; and
versions of the product are referred to in the corresponding EU-type examination certificate, if necessary through amendments to the original certificate.
Article 25
Technical documentation
CHAPTER V
NOTIFICATION OF CONFORMITY ASSESSMENT BODIES
Article 26
Notification
Member States shall notify the Commission and the other Member States of the bodies authorised to carry out third-party conformity assessment tasks under this Directive.
Article 27
Notifying authorities
Article 28
Requirements relating to notifying authorities
Article 29
Information obligation on notifying authorities
Member States shall inform the Commission of their procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, and of any changes thereto.
The Commission shall make that information publicly available.
Article 30
Requirements relating to notified bodies
A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of products which it assesses, may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such a body.
A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly involved in the design or manufacture, the marketing, installation, use or maintenance of those products, or represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified. This shall in particular apply to consultancy services.
Conformity assessment bodies shall ensure that the activities of their subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.
At all times and for each conformity assessment procedure and each kind or category of products in relation to which it has been notified, a conformity assessment body shall have at its disposal the necessary:
personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks;
descriptions of procedures in accordance with which conformity assessment is carried out ensuring the transparency and ability of reproduction of those procedures.
It shall have appropriate policies and procedures in place that distinguish between tasks it carries out as a notified body and other activities;
procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the technology of the product in question and the mass or serial nature of the production process.
It shall have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and shall have access to all necessary equipment or facilities.
The personnel responsible for carrying out the conformity assessment activities shall have the following:
sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;
satisfactory knowledge of the requirements of the assessments they carry out and adequate authority to carry out those assessments;
appropriate knowledge and understanding of the essential requirements, the applicable harmonised standards, the relevant Union harmonisation legislation and the relevant national legislation;
the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.
The remuneration of the top level management and assessment personnel of a conformity assessment body shall not depend on the number of assessments carried out or on the results of those assessments.
Article 31
Presumption of conformity
Where a conformity assessment body demonstrates its conformity with the criteria laid down in the relevant harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union it shall be presumed to comply with the requirements set out in Article 30 in so far as the applicable harmonised standards cover those requirements.
Article 32
Subsidiaries of and subcontracting by notified bodies
Article 33
Application for notification
Article 34
Notification procedure
Only such a body shall be considered a notified body for the purposes of this Directive.
Article 35
Identification numbers and lists of notified bodies
It shall assign a single such number even where the body is notified under several Union acts.
Member States shall in addition assign an identification code to a notified body that has been authorised by a notifying authority to undertake the post-construction conformity assessments.
The Commission shall ensure that that list is kept up to date.
Article 36
Changes to notifications
Article 37
Challenge of the competence of notified bodies
That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 50(2).
Article 38
Operational obligations of notified bodies
In so doing they shall nevertheless respect the degree of rigour and the level of protection required for the compliance of the product with this Directive.
Article 39
Appeal procedure
Member States shall ensure that an appeal procedure against decisions of the notified bodies is available.
Article 40
Information obligation on notified bodies
Notified bodies shall inform the notifying authority of the following:
any refusal, restriction, suspension or withdrawal of a certificate;
any circumstances affecting the scope of and conditions for notification;
any request for information which they have received from market surveillance authorities regarding conformity assessment activities;
on request, conformity assessment activities performed within the scope of their notification and any other activity performed, including cross-border activities and subcontracting.
Article 41
Exchange of experience
The Commission shall provide for the organisation of exchange of experience between the Member States’ national authorities responsible for notification policy.
Article 42
Coordination of notified bodies
The Commission shall ensure that appropriate coordination and cooperation between bodies notified under this Directive are put in place and properly operated in the form of a sectoral group or groups of notified bodies.
Member States shall ensure that the bodies notified by them participate in the work of that group or groups, directly or by means of designated representatives.
CHAPTER VI
UNION MARKET SURVEILLANCE, CONTROL OF PRODUCTS ENTERING THE UNION MARKET AND SAFEGUARD PROCEDURES
Article 43
Union market surveillance and control of products entering the Union market
Article 15(3) and Articles 16 to 29 of Regulation (EC) No 765/2008 shall apply to products covered by this Directive.
Article 44
Procedure for dealing with products presenting a risk at national level
In the case of an economic operator, where, in the course of that evaluation, the market surveillance authorities find that the product does not comply with the requirements laid down in this Directive, they shall without delay require the relevant economic operator to take the appropriate corrective action to bring the product into compliance with those requirements, to withdraw the product from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe.
In the case of a private importer, where, in the course of that evaluation, the market surveillance authorities find that the product does not comply with the requirements laid down in this Directive, the private importer shall be informed without delay of the appropriate corrective action to be taken to bring the product into compliance with those requirements, to suspend the putting into service of the product or to suspend the use of the product, commensurate with the nature of the risk.
The market surveillance authorities shall inform the relevant notified body accordingly.
Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second and third subparagraphs of this paragraph.
The private importer shall ensure that the appropriate corrective action is taken in respect of the product that he has imported in the Union for his own use.
Where the private importer does not take adequate corrective action, the market surveillance authorities shall take all appropriate provisional measures to prohibit the putting into service of the product, or prohibit or restrict the use of the product in their territory.
The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures.
The information referred to in paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant product, the origin of the product, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator or the private importer. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to either:
failure of the product to meet requirements relating to the health or safety of persons, the protection of property or the environment laid down in this Directive; or
shortcomings in the harmonised standards referred to in Article 14 conferring a presumption of conformity.
Article 45
Union safeguard procedure
The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators or the private importer.
Article 46
Formal non-compliance
Without prejudice to Article 44, where a Member State makes one of the following findings, it shall require the relevant economic operator or the private importer to put an end to the non-compliance concerned:
the CE marking, has been affixed in violation of Article 16, Article 17 or Article 18;
the CE marking, as referred to in Article 17, has not been affixed;
the EU declaration of conformity or the declaration referred to in Annex III has not been drawn up;
the EU declaration of conformity or the declaration referred to in Annex III has not been drawn up correctly;
the technical documentation is either not available or not complete;
the information set out in Article 7(6) or Article 9(3) is absent, false or incomplete;
any other administrative requirement provided for in Article 7 or Article 9 is not fulfilled.
CHAPTER VII
DELEGATED ACTS AND IMPLEMENTING ACTS
Article 47
Delegated power
The Commission shall be empowered to adopt delegated acts in accordance with Article 48 to amend the following:
Annex V in order to take into account the progress of technical knowledge, the adequacy of ensuring equivalent conformity and new scientific evidence.
Article 48
Exercise of the delegation
Article 49
Implementing acts
In order to take into account the progress of technical knowledge and to ensure that this Directive is applied in a uniform manner, the Commission may adopt implementing acts concerning the following:
detailed procedures for the implementation of Article 24, taking into account the specific conformity assessement needs of the products covered by this Directive;
the detailed application of the watercraft design categories set out in point 1 of Part A of Annex I, including on the use of weather terminology and measurement scales used therein;
detailed procedures for the watercraft identification set out in point 2.1 of Part A of Annex I, including clarification of terminology, and assignment and administration of manufacturer’s codes granted to manufacturers established outside the Union;
the information on the builder’s plate set out in point 2.2 of Part A of Annex I;
the application of the Regulations on navigation lights set out in point 5.7 of Part A of Annex I;
arrangements for discharge prevention, in particular as regards operation of holding tanks, set out in point 5.8 of Part A of Annex I;
the installation and testing of gas appliances and permanently installed gas systems on watercraft;
the format and content of owner’s manuals;
the format and content of the reporting questionaire to be completed by Member States as referred to in Article 51.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 50(3).
Article 50
Committee procedure
CHAPTER VIII
SPECIFIC ADMINISTRATIVE PROVISIONS
Article 51
Reporting
By 18 January 2021 and every five years thereafter, Member States shall complete a questionnaire issued by the Commission on the application of this Directive.
By 18 January 2022 and every five years thereafter, the Commission, with reference to the responses of Member States to the questionnaire referred to in the first paragraph, shall draw up and submit to the European Parliament and to the Council a report on the application of this Directive.
Article 52
Review
By 18 January 2022 the Commission shall submit a report to the European Parliament and to the Council on the following:
the technical feasibility for further reducing the emissions of marine propulsion engines and introducing requirements for evaporative emmissions and fuel systems that apply to propulsion engines and systems taking into account the cost efficiency of technologies and the need to agree globally harmonised values for the sector, taking into account any major market initiatives; and
the impact on consumer information and on manufacturers, in particular small and medium-sized enterprises, of the watercraft design categories listed in Annex I, which are based on resistance to wind force and significant wave height, taking into account developments in international standardisation. That report shall include an evaluation of whether the watercraft design categories require additional specifications or subdivisions, and shall suggest additional sub categories, as appropriate.
The reports referred to in points (a) and (b) of the first paragraph shall, where appropriate, be accompanied by legislative proposals.
Article 53
Penalties
Member States shall lay down rules on penalties which may include criminal sanctions for serious infringements, applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented.
The penalties provided for shall be effective, proportionate and dissuasive and may be increased if the relevant economic operator or the private importer has previously committed a similar infringement of this Directive.
CHAPTER IX
FINAL AND TRANSITIONAL PROVISIONS
Article 54
Transposition
They shall apply those measures from 18 January 2016. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 55
Transitional period
Article 56
Repeal
Directive 94/25/EC is repealed with effect from 18 January 2016. References to the repealed Directive shall be construed as references to this Directive.
Article 57
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 58
Addressees
This Directive is addressed to the Member States.
ANNEX I
ESSENTIAL REQUIREMENTS
A. Essential requirements for the design and construction of products referred to in Article 2(1)
1. WATERCRAFT DESIGN CATEGORIES
Design category |
Wind force (Beaufort scale) |
Significant wave height (H ⅓, metres) |
A |
exceeding 8 |
exceeding 4 |
B |
up to, and including, 8 |
up to, and including, 4 |
C |
up to, and including, 6 |
up to, and including, 2 |
D |
up to, and including, 4 |
up to, and including, 0,3 |
Explanatory notes:
A. A recreational craft given design category A is considered to be designed for winds that may exceed wind force 8 (Beaufort scale) and significant wave height of 4 m and above but excluding abnormal conditions, such as storm, violent storm, hurricane, tornado and extreme sea conditions or rogue waves.
B. A recreational craft given design category B is considered to be designed for a wind force up to, and including, 8 and significant wave height up to, and including, 4 m.
C. A watercraft given design category C is considered to be designed for a wind force up to, and including, 6 and significant wave height up to, and including, 2 m.
D. A watercraft given design category D is considered to be designed for a wind force up to, and including, 4 and significant wave height up to, and including, 0,3 m, with occasional waves of 0,5 m maximum height.
Watercraft in each design category must be designed and constructed to withstand the parameters in respect of stability, buoyancy, and other relevant essential requirements listed in this Annex, and to have good handling characteristics.
2. GENERAL REQUIREMENTS
2.1. Watercraft identification
Each watercraft shall be marked with an identification number including the following information:
country code of the manufacturer,
unique code of the manufacturer assigned by the national authority of the Member State,
unique serial number,
month and year of production,
model year.
Detailed requirements for the identification number referred to in the first paragraph are set out in the relevant harmonised standard.
2.2. Watercraft builder’s plate
Each watercraft shall carry a permanently affixed plate mounted separately from the watercraft identification number, containing at least the following information:
manufacturer’s name, registered trade name or registered trade mark, as well as contact address;
CE marking, as provided for in Article 18;
watercraft design category in accordance with Section 1;
manufacturer’s maximum recommended load derived from point 3.6 excluding the weight of the contents of the fixed tanks when full;
number of persons recommended by the manufacturer for which the watercraft was designed.
In the case of post-construction assessment, the contact details and the requirements referred to in point (a) shall include those of the notified body which has carried out the conformity assessment.
2.3. Protection from falling overboard and means of reboarding
Watercraft shall be designed to minimise the risks of falling overboard and to facilitate reboarding. Means of reboarding shall be accessible to or deployable by a person in the water unaided.
2.4. Visibility from the main steering position
For recreational craft, the main steering position shall give the operator, under normal conditions of use (speed and load), good all-round visibility.
2.5. Owner’s manual
Each product shall be provided with an owner’s manual in accordance with Article 7(7) and Article 9(4). That manual shall provide all the information necessary for safe use of the product drawing particular attention to set up, maintenance, regular operation, prevention of risks and risk management.
3. INTEGRITY AND STRUCTURAL REQUIREMENTS
3.1. Structure
The choice and combination of materials and its construction shall ensure that the watercraft is strong enough in all respects. Special attention shall be paid to the design category in accordance with Section 1, and the manufacturer’s maximum recommended load in accordance with point 3.6.
3.2. Stability and freeboard
The watercraft shall have sufficient stability and freeboard considering its design category in accordance with Section 1 and the manufacturer’s maximum recommended load in accordance with point 3.6.
3.3. Buoyancy and flotation
The watercraft shall be constructed as to ensure that it has buoyancy characteristics appropriate to its design category in accordance with Section 1 and the manufacturer’s maximum recommended load in accordance with point 3.6. All habitable multihull recreational craft susceptible of inversion shall have sufficient buoyancy to remain afloat in the inverted position.
Watercraft of less than 6 metres in length that are susceptible to swamping when used in their design category shall be provided with appropriate means of flotation in the swamped condition.
3.4. Openings in hull, deck and superstructure
Openings in hull, deck(s) and superstructure shall not impair the structural integrity of the watercraft or its weather tight integrity when closed.
Windows, port lights, doors and hatch covers shall withstand the water pressure likely to be encountered in their specific position, as well as point loads applied by the weight of persons moving on deck.
Through hull fittings designed to allow water passage into the hull or out of the hull, below the waterline corresponding to the manufacturer’s maximum recommended load in accordance with point 3.6, shall be fitted with a means of shutoff which shall be readily accessible.
3.5. Flooding
All watercraft shall be designed so as to minimise the risk of sinking.
Where appropriate, particular attention shall be paid to:
cockpits and wells, which should be self-draining or have other means of keeping water out of the watercraft interior;
ventilation fittings;
removal of water by pumps or other means.
3.6. Manufacturer’s maximum recommended load
The manufacturer’s maximum recommended load (fuel, water, provisions, miscellaneous equipment and people (in kilograms)) for which the watercraft was designed, shall be determined in accordance with the design category (Section 1), stability and freeboard (point 3.2) and buoyancy and flotation (point 3.3).
3.7. Life raft stowage
All recreational craft of design categories A and B, and recreational craft of design categories C and D longer than 6 metres shall be provided with one or more stowage points for a life raft (life rafts) large enough to hold the number of persons the recreational craft was designed to carry as recommended by the manufacturer. Life raft stowage point(s) shall be readily accessible at all times.
3.8. Escape
All habitable multihull recreational craft susceptible of inversion shall be provided with viable means of escape in the event of inversion. Where there is a means of escape provided for use in the inverted position, it shall not compromise the structure (point 3.1), the stability (point 3.2) or buoyancy (point 3.3) whether the recreational craft is upright or inverted.
Every habitable recreational craft shall be provided with viable means of escape in the event of fire.
3.9. Anchoring, mooring and towing
All watercraft, taking into account their design category and their characteristics, shall be fitted with one or more strong points or other means capable of safely accepting anchoring, mooring and towing loads.
4. HANDLING CHARACTERISTICS
The manufacturer shall ensure that the handling characteristics of the watercraft are satisfactory with the most powerful propulsion engine for which the watercraft is designed and constructed. For all propulsion engines, the maximum rated engine power shall be declared in the owner’s manual.
5. INSTALLATION REQUIREMENTS
5.1. Engines and engine compartments
5.1.1. Inboard engine
All inboard mounted engines shall be placed within an enclosure separated from living quarters and installed so as to minimise the risk of fires or spread of fires as well as hazards from toxic fumes, heat, noise or vibrations in the living quarters.
Engine parts and accessories that require frequent inspection and/or servicing shall be readily accessible.
The insulating materials inside the engine compartment shall not sustain combustion.
5.1.2. Ventilation
The engine compartment shall be ventilated. The ingress of water into the engine compartment through openings must be minimised.
5.1.3. Exposed parts
Unless the engine is protected by a cover or its own enclosure, exposed moving or hot parts of the engine that could cause personal injury shall be effectively shielded.
5.1.4. Outboard propulsion engine starting
Every outboard propulsion engine fitted on any watercraft shall have a device to prevent the engine being started in gear, except:
when the engine produces less than 500 Newton’s (N) of static thrust;
when the engine has a throttle limiting device to limit thrust to 500 N at the time of starting the engine.
5.1.5. Personal watercraft running without driver
Personal watercraft shall be designed either with an automatic propulsion engine cut-off or with an automatic device to provide reduced speed, circular, forward movement when the driver dismounts deliberately or falls overboard.
5.1.6. |
Tiller-controlled outboard propulsion engines shall be equipped with an emergency stopping device which can be linked to the helmsman. |
5.2. Fuel system
5.2.1. General
The filling, storage, venting and fuel-supply arrangements and installations shall be designed and installed so as to minimise the risk of fire and explosion.
5.2.2. Fuel tanks
Fuel tanks, lines and hoses shall be secured and separated or protected from any source of significant heat. The material the tanks are made of and their method of construction shall be in accordance with their capacity and the type of fuel.
Petrol fuel tank spaces shall be ventilated.
Petrol fuel tanks shall not form part of the hull and shall be:
protected against fire from any engine and from all other sources of ignition;
separated from living quarters.
Diesel fuel tanks may be integral with the hull.
5.3. Electrical system
Electrical systems shall be designed and installed so as to ensure proper operation of the watercraft under normal conditions of use and shall be such as to minimise risk of fire and electric shock.
All electrical circuits, except engine starting circuits supplied from batteries, shall remain safe when exposed to overload.
Electric propulsion circuits shall not interact with other circuits in such a way that either would fail to operate as intended.
Ventilation shall be provided to prevent the accumulation of explosive gases which might be emitted from batteries. Batteries shall be firmly secured and protected from ingress of water.
5.4. Steering system
5.4.1. General
Steering and propulsion control systems shall be designed, constructed and installed in order to allow the transmission of steering loads under foreseeable operating conditions.
5.4.2. Emergency arrangements
Every sailing recreational craft and single-propulsion engine non-sailing recreational craft with remote-controlled rudder steering systems shall be provided with emergency means of steering the recreational craft at reduced speed.
5.5. Gas system
Gas systems for domestic use shall be of the vapour-withdrawal type and shall be designed and installed so as to avoid leaks and the risk of explosion and be capable of being tested for leaks. Materials and components shall be suitable for the specific gas used to withstand the stresses and exposures found in the marine environment.
Each gas appliance intended by the manufacturer for the application for which it is used shall be so installed in accordance with the manufacturer’s instructions. Each gas-consuming appliance must be supplied by a separate branch of the distribution system, and each appliance must be controlled by a separate closing device. Adequate ventilation must be provided to prevent hazards from leaks and products of combustion.
All watercraft with a permanently installed gas system shall be fitted with an enclosure to contain all gas cylinders. The enclosure shall be separated from the living quarters, accessible only from the outside and ventilated to the outside so that any escaping gas drains overboard.
In particular, any permanently installed gas system shall be tested after installation.
5.6. Fire protection
5.6.1. General
The type of equipment installed and the layout of the watercraft shall take account of the risk and spread of fire. Special attention shall be paid to the surroundings of open flame devices, hot areas or engines and auxiliary machines, oil and fuel overflows, uncovered oil and fuel pipes and routing of electrical wiring in particular away from heat sources and hot areas.
5.6.2. Fire-fighting equipment
Recreational craft shall be supplied with fire-fighting equipment appropriate to the fire hazard, or the position and capacity of fire-fighting equipment appropriate to the fire hazard shall be indicated. The craft shall not be put into service until the appropriate fire-fighting equipment is in place. Petrol engine compartments shall be protected by a fire extinguishing system that avoids the need to open the compartment in the event of fire. Where fitted, portable fire extinguishers shall be readily accessible and one shall be so positioned that it can easily be reached from the main steering position of the recreational craft.
5.7. Navigation lights, shapes and sound signals
Where navigation lights, shapes and sound signals are fitted, they shall comply with the 1972 COLREG (The International Regulations for Preventing Collisions at Sea) or CEVNI (European Code for Interior Navigations for inland waterways) Regulations as appropriate.
5.8. Discharge prevention and installations facilitating the delivery ashore of waste
Watercraft shall be constructed so as to prevent the accidental discharge of pollutants (oil, fuel, etc.) overboard.
Any toilet fitted in a recreational craft shall be connected solely to a holding tank system or water treatment system.
Recreational craft with installed holding tanks shall be fitted with a standard discharge connection to enable pipes of reception facilities to be connected with the recreational craft discharge pipeline.
In addition, any through-the-hull pipes for human waste shall be fitted with valves which are capable of being secured in the closed position.
B. Essential requirements for exhaust emissions from propulsion engines
Propulsion engines shall comply with the essential requirements for exhaust emissions set out in this Part.
1. PROPULSION ENGINE IDENTIFICATION
1.1. Each engine shall be clearly marked with the following information:
engine manufacturer’s name, registered trade name or registered trade mark and contact address; and, if applicable, the name and contact address of the person adapting the engine;
engine type and, if applicable, engine family;
a unique engine serial number;
CE marking, as provided for in Article 18.
1.2. The marks referred to in point 1.1 must be durable for the normal life of the engine and must be clearly legible and indelible. If labels or plates are used, they must be attached in such a manner that the fixing is durable for the normal life of the engine, and the labels/plates cannot be removed without destroying or defacing them.
1.3. The marks must be secured to an engine part necessary for normal engine operation and not normally requiring replacement during the engine life.
1.4. The marks must be located so as to be readily visible after the engine has been assembled with all the components necessary for engine operation.
2. EXHAUST EMISSION REQUIREMENTS
Propulsion engines shall be designed, constructed and assembled so that when correctly installed and in normal use, emissions shall not exceed the limit values obtained from point 2.1, Table 1 and point 2.2, Tables 2 and 3:
2.1. |
Values applying for the purposes of Article 55(2) and Table 2 of point 2.2:
Table 1
Where A, B and n are constants in accordance with the table, PN is the rated engine power in kW. |
2.2. |
Values applying from 18 January 2016:
Table 2 Exhaust emission limits for compression ignition (CI) engines (++)
Table 3 Exhaust emission limits for spark ignition (SI) engines
|
2.3. |
Test cycles: Test cycles and weighting factors to be applied: The following requirements of ISO standard 8178-4:2007 shall be used, taking into account the values set out in the table below. For variable speed CI engines test cycle E1 or E5 shall be applied or alternatively, above 130 kW, test cycle E3 may be applied. For variable speed SI engines test cycle E4 shall be applied.
Notified bodies may accept tests carried out on the basis of other tests cycles as specified in a harmonised standard and as applicable for the engine duty cycle. |
2.4. |
Application of the propulsion engine family and choice of parent propulsion engine
The engine manufacturer shall be responsible for defining those engines from his range which are to be included in an engine family. A parent engine shall be selected from an engine family in such a way that its emissions characteristics are representative for all engines in that engine family. The engine incorporating those features that are expected to result in the highest specific emissions (expressed in g/kWh), when measured on the applicable test cycle, should normally be selected as the parent engine of the family. |
2.5. |
Test fuels
The test fuel used for exhaust emission testing shall meet the following characteristics:
Notified bodies may accept tests carried out on the basis of other tests fuel as specified in a harmonised standard. |
3. DURABILITY
The manufacturer of the engine shall supply engine installation and maintenance instructions, which if applied should mean that the engine in normal use will continue to comply with the limits set out in points 2.1 and 2.2 throughout the normal life of the engine and under normal conditions of use.
This information shall be obtained by the engine manufacturer by use of prior endurance testing, based on normal operating cycles, and by calculation of component fatigue so that the necessary maintenance instructions may be prepared by the manufacturer and issued with all new engines when first placed on the market.
The normal life of the engine is as follows:
For CI engines: 480 hours of operation or 10 years, whichever occurs first;
For SI inboard or stern drive engines with or without integral exhaust:
personal watercraft engines: 350 hours of operation or five years, whichever occurs first;
outboard engines: 350 hours of operation or 10 years, whichever occurs first
4. OWNER’S MANUAL
Each engine shall be provided with an owner’s manual in a language or languages which can be easily understood by consumers and other end-users, as determined by the Member State in which the engine is to be marketed.
The owner’s manual shall:
provide instructions for the installation, use and maintenance needed to assure the proper functioning of the engine to meet the requirements of Section 3 (Durability);
specify the power of the engine when measured in accordance with the harmonised standard.
C. Essential requirements for noise emissions
Recreational craft with inboard or stern drive engines without integral exhaust, personal watercraft and outboard engines and stern drive engines with integral exhaust shall comply with the essential requirements for noise emissions set out in this Part.
1. NOISE EMISSION LEVELS
1.1. Recreational craft with inboard or stern drive engines without integral exhaust, personal watercraft and outboard engines and stern drive engines with integral exhaust shall be designed, constructed and assembled so that noise emissions shall not exceed the limit values in the following table:
Rated Engine Power (single engine) In kW |
Maximum Sound Pressure Level = LpASmax In dB |
|
67 |
|
72 |
|
75 |
where PN = rated engine power in kW of a single engine at rated speed and LpASmax = maximum sound pressure level in dB.
For twin-engine and multiple-engine units of all engine types an allowance of 3 dB may be applied.
1.2. As an alternative to sound measurement tests, recreational craft with inboard engine configuration or stern drive engine configuration, without integral exhaust, shall be deemed to comply with the noise requirements set out in point 1.1 if they have a Froude number of ≤ 1,1 and a Power to Displacement ratio of ≤ 40 and where the engine and exhaust system are installed in accordance with the engine manufacturer’s specifications.
1.3. ‘Froude number’ Fn shall be calculated by dividing the maximum recreational craft speed V (m/s) by the square root of the waterline length lwl (m) multiplied by a given gravitational acceleration constant, g, of 9,8 m/s2.
‘Power to Displacement ratio’ shall be calculated by dividing the rated engine power PN (in kW) by the recreational craft’s displacement D (in tonnes)
2. OWNER’S MANUAL
For recreational craft with inboard engine or stern drive engines without integral exhaust and personal watercraft, the owner’s manual required under point 2.5 of Part A, shall include information necessary to maintain the recreational craft and exhaust system in a condition that, insofar as is practicable, will ensure compliance with the specified noise limit values when in normal use.
For outboard engines and stern drive engines with integral exhaust, the owner’s manual required under Section 4 of Part B shall provide the instructions necessary to maintain the engine in a condition, that insofar as is practicable, will ensure compliance with the specified noise limit values when in normal use.
3. DURABILITY
The provisions on the durability in Section 3 of Part B shall apply mutatis mutandis to the compliance with the requirements on noise emissions set out in Section 1 of this part.
ANNEX II
COMPONENTS OF WATERCRAFT
(1) Ignition-protected equipment for inboard and stern drive petrol engines and petrol tank spaces;
(2) Start-in-gear protection devices for outboard engines;
(3) Steering wheels, steering mechanisms and cable assemblies;
(4) Fuel tanks intended for fixed installations and fuel hoses;
(5) Prefabricated hatches, and port lights.
ANNEX III
DECLARATION BY THE MANUFACTURER OR THE IMPORTER OF THE PARTLY COMPLETED WATERCRAFT (ARTICLE 6(2))
The declaration by the manufacturer or the importer established in the Union referred to in Article 6(2) shall contain the following:
the name and address of the manufacturer;
the name and address of the representative of the manufacturer established in the Union or, if appropriate, of the person responsible for the placing on the market;
a description of the partly completed watercraft;
a statement that the partly completed watercraft complies with the essential requirements that apply at this stage of construction; this shall include references to the relevant harmonised standards used, or references to the specifications in relation to which compliance is declared at this stage of construction; furthermore, it is intended to be completed by other legal or natural persons in full compliance with this Directive.
ANNEX IV
EU DECLARATION OF CONFORMITY No xxxxx ( 15 )
1. No xxxxx (Product: product, batch, type, or serial number):
2. Name and address of the manufacturer or his authorised representative [The authorised representative must also give the business name and address of the manufacturer] or the private importer.
3. This declaration of conformity is issued under the sole responsibility of the manufacturer or the private importer or the person referred to in Article 19(3) or (4) of Directive 2013/53/EU.
4. Object of the declaration (identification of product allowing traceability. It may include a photograph, where appropriate):
5. The object of the declaration described in point 4 is in conformity with the relevant Union harmonisation legislation:
6. References to the relevant harmonised standards used or references to the other technical specifications in relation to which conformity is declared:
7. Where applicable, the notified body … (name, number) performed … (description of intervention) and issued the certificate:
8. Identification of the person empowered to sign on behalf of the manufacturer or his authorised representative
9. Additional information:
when installed in a watercraft, in accordance with the installation instructions accompanying the engine, the engine will meet:
the exhaust emission requirements of this Directive;
the limits of Directive 97/68/EC as regards engines type-approved in accordance with Directive 97/68/EC which are in compliance with stage III A, stage III B or stage IV emission limits for CI engines used in other applications than propulsion of inland waterway vessels, locomotives and railcars, as provided for in point 4.1.2 of Annex I to that Directive; or
the limits of Regulation (EC) No 595/2009 as regards engines type-approved in accordance with that Regulation.
ANNEX V
EQUIVALENT CONFORMITY BASED ON POST-CONSTRUCTION ASSESSMENT (MODULE PCA)
1. |
Conformity based on post-construction assessment is the procedure to assess the equivalent conformity of a product for which the manufacturer has not assumed the responsibility for the product’s conformity with this Directive, and whereby a natural or legal person referred to in Article 19(2), (3) or (4) who is placing the product on the market or putting it into service under his own responsibility is assuming the responsibility for the equivalent conformity of the product. This person shall fulfill the obligations laid down in points 2 and 4 and ensure and declare on his sole responsibility that the product concerned, which has been subject to the provisions of point 3, is in conformity with the applicable requirements of this Directive. |
2. |
The person who is placing the product on the market or putting it into service shall lodge an application for a post-construction assessment of the product with a notified body and must provide the notified body with the documents and technical file enabling the notified body to assess the conformity of the product with the requirements of this Directive and any available information on the use of the product after its first putting into service. The person who is placing such a product on the market or putting it into service shall keep these documents and information at the disposal of the relevant national authorities for 10 years after the product has been assessed on its equivalent conformity in accordance with the post-construction assessment procedure. |
3. |
The notified body shall examine the individual product and carry out calculations, tests and other assessments, to the extent necessary to ensure that the equivalent conformity of the product with the relevant requirements of this Directive is demonstrated. The notified body shall draw up and issue a certificate and a related report of conformity concerning the assessment carried out and shall keep a copy of the certificate and related report of conformity at the disposal of the national authorities for 10 years after it has issued these documents. The notified body shall affix its identification number next to the CE marking on the approved product or have it affixed under its responsibility. In case the assessed product is a watercraft, the notified body shall also have affixed, under his responsibility, the watercraft identification number as referred to in point 2.1 of Part A of Annex I, whereby the field for the country code of the manufacturer shall be used to indicate the country of establishment of the notified body and the fields for the unique code of the manufacturer assigned by the national authority of the Member State to indicate the post-construction assessment identification code assigned to the notified body, followed by the serial number of the post-construction assessment certificate. The fields in the watercraft identification number for the month and year of production and for the model year shall be used to indicate the month and year of the post-construction assessment. |
4. |
CE marking and EU declaration of conformity 4.1. The person who is placing the product on the market or putting it into service shall affix the CE marking and, under the responsibility of the notified body referred to in Section 3, the latter’s identification number to the product for which the notified body has assessed and certified its equivalent conformity with the relevant requirements of this Directive. 4.2. The person who is placing the product on the market or putting it into service shall draw up an EU declaration of conformity and keep it at the disposal of the national authorities for 10 years after the date the post-construction assessment certificate has been issued. The declaration of conformity shall identify the product for which it has been drawn up. A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request. 4.3. In the case the assessed product is a watercraft, the person who is placing the watercraft on the market or putting it into service shall affix to the watercraft the builder’s plate described in point 2.2 of Part A of Annex I, which shall include the words ‘post-construction assessment’, and the watercraft identification number described in point 2.1 of Part A of Annex I, in accordance with the provisions set out in Section 3. |
5. |
The notified body shall inform the person who is placing the product on the market or putting it into service of his obligations under this post-construction assessment procedure. |
ANNEX VI
SUPPLEMENTARY REQUIREMENTS WHEN INTERNAL PRODUCTION CONTROL PLUS SUPERVISED PRODUCTION TESTS SET OUT IN MODULE A1 IS USED (ARTICLE 24(2))
Design and construction
On one or several watercrafts representing the production of the manufacturer one or more of the following tests, equivalent calculation or control shall be carried out by the manufacturer or on his behalf:
test of stability in accordance with point 3.2 of Part A of Annex I;
test of buoyancy characteristics in accordance with point 3.3 of Part A of Annex I.
Noise emissions
For recreational craft fitted with inboard or stern drive engines without integral exhaust and for personal watercraft, on one or several watercraft representing the production of the watercraft manufacturer, the sound emission tests defined in Part C of Annex I shall be carried out by the watercraft manufacturer, or on his behalf, under the responsibility of a notified body chosen by the manufacturer.
For outboard engines and stern drive engines with integral exhaust, on one or several engines of each engine family representing the production of the engine manufacturer, the sound emission tests defined in Part C of Annex I shall be carried out by the engine manufacturer, or on his behalf, under the responsibility of a notified body chosen by the manufacturer.
Where more than one engine of an engine family is tested, the statistical method described in Annex VII shall be applied to ensure conformity of the sample.
ANNEX VII
CONFORMITY OF PRODUCTION ASSESSMENT FOR EXHAUST AND NOISE EMISSIONS
1. For verifying the conformity of an engine family, a sample of engines shall be taken from the series. The manufacturer shall decide the size (n) of the sample, in agreement with the notified body.
2. The arithmetical mean X of the results obtained from the sample shall be calculated for each regulated component of the exhaust and noise emission. The production of the series shall be deemed to conform to the requirements (‘pass decision’) if the following condition is met:
S is standard deviation, where:
X |
= |
the arithmetical mean of the results obtained from the sample |
x |
= |
the individual results obtained from the sample |
L |
= |
the appropriate limit value |
n |
= |
the number of engines in the sample |
k |
= |
statistical factor depending on n (see table below) |
n |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
k |
0,973 |
0,613 |
0,489 |
0,421 |
0,376 |
0,342 |
0,317 |
0,296 |
0,279 |
0,265 |
0,253 |
0,242 |
0,233 |
0,224 |
0,216 |
0,210 |
0,203 |
0,198 |
If n ≥ 20 then
|
ANNEX VIII
SUPPLEMENTARY PROCEDURE TO BE APPLIED UNDER CONFORMITY TO TYPE BASED ON INTERNAL PRODUCTION CONTROL (MODULE C)
In the cases referred to in Article 24(5) when the quality level appears unsatisfactory, the following procedure shall apply:
An engine is taken from the series and subjected to the test described in Part B of Annex I. Test engines shall have been run in, partially or completely, in accordance with the manufacturer’s specifications. If the specific exhaust emissions of the engine taken from the series exceed the limit values in accordance with Part B of Annex I, the manufacturer may ask for measurements to be done on a sample of engines taken from the series and including the engine originally taken. To ensure the conformity of the sample of engines with the requirements of this Directive, the statistical method described in Annex VII shall be applied.
ANNEX IX
TECHNICAL DOCUMENTATION
The technical documentation referred to in Article 7(2) and Article 25 shall, as far as it is relevant for the assessment, contain the following:
A general description of the type;
Conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, and other relevant data;
Descriptions and explanations necessary for the understanding of said drawings and schemes and the operation of the product;
A list of the standards referred to in Article 14, applied in full or in part, and descriptions of the solutions adopted to fulfil the essential requirements when the standards referred to in Article 14 have not been applied;
Results of design calculations made, examinations carried out and other relevant data;
Test reports, or calculations namely on stability in accordance with point 3.2 of Part A of Annex I and on buoyancy in accordance with point 3.3 of Part A of Annex I;
Exhaust emissions test reports demonstrating compliance with Section 2 of Part B of Annex I;
Sound emissions test reports demonstrating compliance with Section 1 of Part C of Annex I.
( 1 ) OJ C 43, 15.2.2012, p. 30.
( 2 ) Position of the European Parliament of 9 October 2013 (not yet published in the Official Journal) and decision of the Council of 15 November 2013.
( 3 ) OJ L 164, 30.6.1994, p. 15.
( 4 ) OJ L 214, 26.8.2003, p. 18.
( 5 ) OJ C 136, 4.6.1985, p. 1.
( 6 ) OJ L 204, 21.7.1998, p. 37.
( 7 ) OJ L 218, 13.8.2008, p. 30.
( 8 ) OJ L 218, 13.8.2008, p. 82.
( 9 ) OJ L 316, 14.11.2012, p. 12.
( 10 ) OJ L 59, 27.2.1998, p. 1.
( 11 ) OJ L 188, 18.7.2009, p. 1.
( 12 ) OJ L 11, 15.1.2002, p. 4.
( 13 ) OJ L 55, 28.2.2011, p. 13.
( 14 ) OJ L 124, 20.5.2003, p. 36.
( 15 ) It is optional to assign a number to the declaration of conformity.