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(ii) personal watercraft;

(iii) components referred to in Annex II when placed on the Community
market separately and when intended for installation;

(b) with regard to exhaust emissions, to:

(i) propulsion engines which are installed or specifically intended for
installation on or in recreational craft and personal watercraft;

(ii) propulsion engines installed on or in these craft that are subject
to a “major engine modification”;

(c) with regard to noise emissions, to:

(i) recreational craft with stern drive engines without integral
exhausts or inboard propulsion engine installations;

(ii) recreational craft with stern drive engines without integral
exhausts or with inboard propulsion installations which are subject to a major
craft conversion and subsequently placed on the Community market within five
years following conversion;

(iii) personal watercraft;

(iv) outboard engines and stern drive engines with integral exhausts
intended for installation on recreational craft;

(d) for products falling under (a)(ii), (b) and (c), the provisions of
this Directive shall only apply from the first placing on the market and/or
putting into service after the date of entry into force of this Directive.

2. The following shall be excluded from the scope of this Directive:

(a) with regard to paragraph 1(a):

(i) craft intended solely for racing, including rowing racing boats and
training rowing boats, labeled as such by the manufacturer;

(ii) canoes and kayaks, gondolas and pedalos;

(iii) sailing surfboards;

(iv) surfboards, including powered surfboards;

(v) original historical craft and individual replicas thereof designed
before 1950, built predominantly with the original materials and labelled as
such by the manufacturer;

(vi) experimental craft, provided that they are not subsequently placed
on the Community market;

(vii) craft built for own use, provided that they are not subsequently
placed on the Community market during a period of five years;

(viii) craft specifically intended to be crewed and to carry passengers
for commercial purposes, without prejudice to paragraph 3(a), in particular those
defined in Council Directive 82/714/EEC of 4 October 1982 laying down technical
requirements for inland waterway vessels (*), regardless of the number of
passengers;

(ix) submersibles;

(x) air cushion vehicles;

(xi) hydrofoils;

(xii) External combustion steam powered craft, fuelled by coal, coke,
wood, oil or gas;

(b) with regard to paragraph 1(b):

(i) propulsion engines installed or specifically intended for
installation on the following:

— craft intended solely for racing and labelled as such by the manufacturer,

— experimental craft, provided that they are not subsequently placed on
the Community market,

— craft specifically intended to be crewed and to carry passengers for
commercial purposes, without prejudice to paragraph 3(a), in particular those defined
in Directive 82/714/EEC, regardless of the number of passengers,

— submersibles,

— air cushion vehicles,

— hydrofoils;

 

(1) OJ L 184, 17.7.1999, p.
23.

(*) OJ L 301, 28.10.1982, p. 1. Directive as amended by the 1994 Act of
Accession.

 (ii) original and individual
replicas of historical propulsion engines, which are based on a pre-1950
design, not produced in series and fitted on craft referred to in paragraph
2(a)(v) and (vii);

(iii) propulsion engines built for own use provided that they are not subsequently
placed on the Community market during a period of five years;

(c) with regard to paragraph 1(c):

— all craft referred to in point (b) of this paragraph,

— craft built for own use, provided that they are not subsequently
placed on the Community market during a period of five years.

3. For the purposes of this Directive the following definitions shall
apply:

(a) “recreational craft”: any boat of any type intended for sports and
leisure purposes of hull length from 2,5 m to 24 m, measured according to the
harmonised standard, regardless of the means of propulsion; the fact that the
same boat could be used for charter or for recreational boating training shall
not prevent it being covered by this Directive when it is placed on the
Community market for recreational purposes;

(b) “personal watercraft”: a vessel less than 4 m in length which uses
an internal combustion 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;

(c) “propulsion engine”: any spark or compression ignition, internal
combustion engine used for propulsion purposes, including two-stroke and
four-stroke inboard, stern-drive with or without integral exhaust and outboard
engines;

(d) “major engine modification”: the modification of an engine which:

— could potentially cause the engine to exceed the emission limits set
out in Annex I.B. excluding routine replacement of engine components that do
not alter the emission characteristics, or

— increases the rated power of the engine by more than 15 %;

(e) “major craft conversion”: a conversion of a craft which:

— changes the means of propulsion of the craft,

— involves a major engine modification,

— alters the craft to such an extent that it is considered a new craft;

(f) “means of propulsion”: the mechanical method by which the craft is
driven, in particular marine propellers or waterjet mechanical drive systems;

(g) “engine family”: the manufacturer's grouping of engines which,
through their design, are expected to have similar exhaust emission
characteristics and which comply with the exhaust emissions requirements of
this Directive;

(h) “manufacturer”: any natural or legal person who designs and
manufactures a product covered by this Directive or who has such a product
designed and/or manufactured with a view to placing it on the market on his own
behalf;

(i) “authorised representative”: any natural or legal person established
in the Community who has received a written mandate from the manufacturer to
act on his behalf with regard to the latter's obligation under this
Directive.’;

2. Article 4 shall be replaced by the following:

 

‘Article 4

Free movement of the products referred to in Article 1(1)

1. Member States shall not prohibit, restrict or impede the placing on
the market and/or putting into service in their territory of products referred
to in Article 1(1) bearing the CE marking referred to in Annex IV, which
indicates their conformity with all the provisions of this Directive, including
the conformity procedures set out in Chapter II.

2. Member States shall not prohibit, restrict or impede the placing on
the market of partly-completed boats where the builder or his authorised
representative established in the Community or the person responsible for the
placing on the market declares, in accordance with Annex IIIa, that they are
intended to be completed by others.

3. Member States shall not prohibit, restrict or impede the placing on
the market and/or putting into service of components referred to in Annex II
and bearing the CE marking referred to in Annex IV which indicates their
conformity with the relevant essential requirements where these components are
accompanied by a written declaration of conformity as provided for in Annex XV
and are intended to be incorporated into recreational craft, in accordance with
the declaration, referred to in Annex IIIb, of the manufacturer, his authorised
representative established in the Community or, in the case of imports from a
third country, of any person who places those components on the Community
market.

 

 

 

 

 

 

 

 

4. Member States shall not prohibit, restrict or impede the placing on
the market and/or putting into service of:

— inboard engines and stern drive propulsion engines without integral
exhaust,

— engines type-approved according to Directive 97/68/EC (*) which are in
compliance with stage II provided for in section 4.2.3 of Annex I to that
Directive and of,

— engines type-approved according to Directive 88/77/EEC (**);

where the manufacturer or his authorised representative established in
the Community declares in accordance with Annex XV.3 that the engine will meet
the exhaust emission requirements of this Directive, when installed in a
recreational craft or personal watercraft in accordance with the manufacturer's
supplied instructions.

5. At trade fairs, exhibitions, demonstrations, etc., Member States
shall not create any obstacles to the showing of the products referred to in
Article 1(1) which do not comply with this Directive, provided that a visible
sign clearly indicates that such products may not be marketed or put into
service until they have been made to comply.

6. Where the products referred to in Article 1(1) are subject to other
Directives covering other aspects and which provide for the affixing of the CE
marking, the latter shall indicate that such products are also presumed to
conform to the provisions of those other Directives. The CE marking shall
indicate conformity with the applicable Directives or relevant parts thereof.
In this case, the particulars of the said Directives applied by the
manufacturer, as published in the Official
Journal of the European Union, must be given in the
documents, declaration of conformity or instructions required by the Directives
and accompanying such products.

3. the following Article shall be inserted:

‘Article 6a

Committee procedure

1. Amendments which are necessary, in the light of evolution of
technical knowledge and new scientific evidence, to the requirements of Annex
I.B.2 and Annex I.C.1 excluding direct or indirect modifications to exhaust or
noise emission values and to the Froude and P/D ratio values shall be adopted
by the Commission assisted by the Standing Committee set up pursuant to Article
6(3), acting as a regulatory committee in accordance with the procedure
referred to in paragraph 2. Issues to be dealt with shall include the reference
fuels and the standards to be used for exhaust and noise emissions testing.

2. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8
thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.

3. The Committee shall adopt its rules of procedure.’;

4. the first subparagraph of Article 7(1) shall be replaced by the
following:

‘1. Where a Member State ascertains that products falling within the
scope of Article 1 and bearing the CE marking referred to in Annex IV, when
correctly designed, constructed, installed where appropriate, maintained and
used in accordance with their intended purpose may endanger the safety and
health of persons, property or the environment, it shall take all appropriate
interim measures to withdraw them from the market or prohibit or restrict their
being placed on the market and/or put into service.’;

5. Article 7(3) shall be replaced by the following:

‘3. Where a non-complying product referred to in Article 1 bears the CE
marking, the appropriate measures shall be taken by the Member State which has
authority over whomsoever affixed the marking; that Member State shall inform
the Commission and the other Member States thereof.’;

6. Article 8 shall be replaced by the following:

‘Article 8

1. Before placing on the market, and/or putting into service, products
referred to in Article 1(1) the manufacturer or his authorised representative
e