DIRECTIVE 2003/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 June 2003

amending Directive 94/25/EC on the approximation of the laws,
regulations and administrative

provisions of the Member States relating to recreational craft

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,and in
particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and Social
Committee (2),

Acting in accordance with the procedure laid down in Article 251 of the
Treaty (3) in the light of the
joint text approved by the Conciliation Committee on 9 April 2003,

Whereas:

(1) Developments since the adoption of Directive 94/25/EC
of the European Parliament and of the Council of 16 June 1994 on the
approximation of the laws, regulations and administrative provisions of the
Member States relating to recreational craft (4) have made it necessary to amend that Directive.

(2) Directive 94/25/EC does not cover personal watercraft,
while since its adoption some Member States have introduced laws, regulations
and administrative provisions concerning such craft.

(3) The propulsion engines on recreational craft and
personal watercraft produce exhaust emissions of carbon monoxide (CO),
hydrocarbons (HC), nitrogen oxides (NOx), noise emissions and particle
emissions which affect both human health and the environment.

(4) Exhaust emissions produced by the engines of such
recreational craft and personal watercraft and noise emissions produced by such
craft are also not covered by Directive 94/25/EC.

(5) It is now necessary to integrate environmental
protection requirements into the various Community activities in order to
promote sustainable development. Such provisions, which are already the subject
of the Council Resolution of 3 December 1992 concerning the relationship
between industrial competitiveness and environmental protection (5), were taken up in the conclusions of the Industry
Council of 29 April 1999.

(6) Laws, regulations and administrative provisions are in
force in some Member States limiting noise and exhaust emissions from
recreational craft and engines in order to protect human health, the environment
and, where appropriate, domestic animal health. Those measures differ and are
likely to affect the free movement of such products and constitute barriers to
trade within the Community.

(7) In the framework of Directive 98/34/EC of the European
Parliament and of the Council of 22 June 1998 laying down a procedure for the
provision of information in the field of technical standards and regulations
and of rules on Information Society services (6) Member States have notified draft national regulations aimed at
reducing noise and exhaust emissions from the engines of recreational craft.
Such technical regulations are considered, like the national provisions already
in force, to be likely to affect the free movement of such products or to
create obstacles to the proper functioning of the internal  market. It is therefore necessary to draw up
a binding Community instrument.

(8) The harmonisation of national laws is the only way to
abolish such barriers to trade and unfair competition found in the internal
market. The objective of limiting noise and exhaust emissions cannot be
satisfactorily met by the Member States individually. The measures provided for
in this Directive lay down only the essential requirements for the free
movement of recreational craft, personal watercraft and all the types of
engines to which this Directive applies.

(9) These measures are in accordance with the principles
set out in the Council Resolution of 7 May 1985 on a new approach to technical
harmonisation and standards (7),
with reference being made to harmonised European standards.

(10) The provisions on exhaust and noise emissions laid
down in this Directive should apply to all engines, whether inboard, outboard
or stern drive with or without integral exhaust, and to personal watercraft in
order to ensure optimum effectiveness in the protection of human health and the
environment. Engines undergoing major modifications should be included as
regards exhaust emissions. Craft with stern drive engines without integral
exhausts or inboard propulsion engine installations undergoing major craft
conversion should be included as regards noise emissions when placed on the
Community market within five years following conversion.

---------------------------------------------------

(1) OJ C 62 E, 27.2.2001,
p. 139 and OJ C 51 E, 26.2.2002, p. 339.

(2) OJ C 155, 29.5.2001, p.
1.

(3) Opinion of the European
Parliament of 5 July 2001 (OJ C 65 E, 14.3.2002, p. 310), Council Common
Position of 22 April 2002 (OJ C 170 E, 16.7.2002, p. 1) and Decision of the
European Parliament of 26 September 2002 (not yet published in the Official

Journal). European Parliament Decision of 14 May 2003 and Council
Decision of 19 May 2003.

(4) OJ L 164, 30.6.1994, p.
15.

(5) OJ C 331, 16.12.1992,
p. 5.

(6) OJ L 204, 21.7.1998, p.
37. Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).

(7) OJ C 136, 4.6.1985, p.
1.

 

 

(11) Conformity with the essential requirements for
emissions from the engines concerned is essential to protect human health and
the environment. Maximum authorised levels should be laid down for exhaust
emissions of carbon monoxide (CO), hydrocarbons (HC), nitrogen oxide (NOx) and
particulate pollutants. As far as noise emissions are concerned, the maximum
levels should be broken down as a function of the power of such engines and the
number and type of engines on board. These measures should be consistent with
all other measures to reduce engine emissions in order to protect human beings
and the environment.

(12) Member States should consider introducing national
support measures to encourage the use of synthetic biodegradable lubrication
oils to reduce water pollution by recreational craft. The introduction of
measures at Community level should be considered during the review of this
Directive.

(13) For the two types of emission in question, the data
certifying their conformity should always accompany the recreational craft,
personal watercraft or engine.

(14) Harmonised European standards, in particular as
regards the measurement of levels and test methods, make it easier to
demonstrate conformity with the essential requirements, also in the case of
emissions from the recreational craft and personal watercraft covered by this
Directive.

(15) In view of the nature of the risks involved, it is necessary
to adopt conformity assessment procedures to ensure the necessary level of
protection. The manufacturer or his authorised representative or, if they do
not fulfil their obligations, the person placing the product on the market
and/or putting it into service, should ensure that the products covered by this
Directive comply with relevant essential requirements, when they are placed on
the market and/or put into service. Adequate procedures should be laid down
which provide a choice between procedures with equivalent stringency. Those
procedures should comply with Council Decision 93/ 465/EEC of 22 July 1993
concerning the modules for the various phases of the conformity assessment
procedures and the rules for the affixing and use of the CE conformity marking
which are intended to be used in technical harmonisation Directives (1).

(16) As far as exhaust emissions are concerned, all types
of engines, including personal watercraft and other similar powered craft,
should bear the CE mark affixed by the manufacturer or his authorised
representative within the Community, except inboard engines and stern drive
engines without integral exhaust, engines type-approved according to stage II
of Directive 97/68/EC (2)
and engines type-approved according to Directive 88/77/ EEC (3) which should be accompanied by the manufacturer's
declaration of conformity. As far as noise emissions are concerned, only
outboard engines and stern drive engines with integral exhaust must bear the CE
mark affixed by the manufacturer or his authorized representative or the person
placing the product on the market and/or putting it into service within the
Community. For noise emissions and for all types of engines, except outboard
engines and of stern drive engines with integral exhaust, the CE mark affixed
on the craft demonstrates conformity with the relevant essential requirements.

(17) Directive 94/25/EC should be amended also to take
account of manufacturing needs, which require a greater choice of certification
procedures.

(18) For the sake of legal certainty and to ensure the safe
use of recreational craft, it is necessary to clarify a number of technical
issues relating to the essential construction requirements of recreational
craft concerning the boat design categories, the maximum recommended load, the
craft identification number, the fuel tanks, the fire fighting equipment and
the discharge prevention.

(19) The Commission should closely monitor the evolution of
engine technology and the need to meet future environmental protection requirements
in order to examine the possibility of further reducing emission limit values
for noise and exhaust emissions.

(20) In order to facilitate the application of measures
concerning the efficient functioning of legislation, the procedure establishing
a close cooperation between the Commission and Member States in the framework
of a Committee should be maintained and reinforced.

 

 

 

 

 

 (1) OJ L 220, 30.8.1993, p. 23.

(2) OJ L 59, 27.2.1998, p.
1. Directive as amended by Commission Directive 2001/63/EC (OJ L 227,
23.8.2001, p. 41).

(3) OJ L 36, 9.2.1988, p.
33. Directive as last amended by Commission Directive 2001/27/EC, (OJ L 107,
18.4.2001, p. 10).

 

 

 

 

 

 

 

 

 

 (21) The
measures necessary for the implementation of this Directive should be adopted
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers conferred on the Commission
(1).

(22) It is necessary to provide for a transitional
arrangement enabling certain products complying with the national rules in
force on the date of entry into force of this Directive to be placed on the
market and/or put into service,

 

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 94/25/EC is hereby amended as follows:

1. Article 1 shall be replaced by the following:

‘Article 1

Scope and definitions

1. This Directive shall apply:

(a) with regard to design and construction, to:

(i) recreational craft and partly completed boats;