stablished within the Community shall apply the procedures referred to in
paragraphs 2, 3 and 4 of this Article.

 

(*) Directive 97/68/EC of the European Parliament and of the Council of
16 December 1997 on the approximation of the laws of the Member States relating
to measures against the emission of gaseous and particulate pollutants from
internal combustion engines to be installed in non-road mobile machinery (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).

(**) Council Directive 88/77/EEC of 3 December 1987 on the approximation
of the laws of the Member States relating to the measures to be taken against
the emission of gaseous and particulate pollutants from compression ignition
engines for use in vehicles, and the emission of gaseous pollutants from
positive ignition engines fuelled with natural gas or liquefied petroleum gas
for use in vehicles (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).’;

 

 

 

 

 

 

 

In the case of post-construction assessment for recreational craft, if
neither the manufacturer nor his authorised representative established within
the Community fulfils the responsibilities for the product's conformity to this
Directive, these can be assumed by any natural or legal person established
within the Community who places the product on the market, and/or puts it into
service, under his own responsibility. In such a case, the person who places
the product on the market or puts it into service must lodge an application for
a post-construction report with a notified body. The person who places the
product on the market and/or puts it into service must provide the notified
body with any available document and technical file referring to the first
placing on the market of the product in the country of origin. The notified
body shall examine  the individual
product and carry out calculations and other assessment to ensure its
equivalent conformity with the relevant requirements of the Directive. In this
case, the Builder's plate described in Annex I, 2.2 shall include the words
(“Post-construction certificate”). The notified body shall draw up a report of
conformity concerning the assessment carried out and shall inform the person
who places the product on the market and/or puts it into service of his
obligations. That person shall draw up a declaration of conformity (see Annex
XV) and affix, or cause to be affixed, the CE mark accompanied by the
distinguishing number of the relevant notified body on the product.

2. With regard to design and construction of products referred to in
Article 1(1)(a), the boat manufacturer or his authorised representative
established in the Community shall apply the following procedures for boat
design categories A, B, C and D as referred to in section 1 of Annex

I.A:

(a) for categories A and B:

(i) for boats from 2,5 m to 12 m hull length: the internal production
control plus tests (module Aa) referred to in Annex VI, or the EC
type-examination (module B) as described in Annex VII, supplemented by
conformity to type (module C) referred to in Annex VIII, or any of the following
modules: B+D, or B+E, or B+F, or G or H;

(ii) for boats from 12 m to 24 m hull length: the EC type-examination
(module B) referred to in Annex VII supplemented by conformity to type (module
C) referred to in Annex VIII, or any of the following modules: B+D, or B+E, or
B+F, or G or H;

(b) for category C:

(i) for boats from 2,5 m to 12 m hull length:

— where the harmonised standards relating to Sections 3.2 and 3.3 of
Annex I.A are complied with: the internal production control (module A),
referred to in Annex V, or internal production control plus tests (module Aa)
referred to in Annex VI, or the EC type-examination (module B) as described in
Annex VII, supplemented by conformity to type (module C) referred to in Annex
VIII, or any of the following modules: B+D, or B+E, or B+F, or G, or H,

— where the harmonised standards relating to Sections 3.2 and 3.3 of
Annex I.A are not complied with: the internal production control plus tests
(module Aa) referred to in Annex VI, or the EC type-examination (module B) as
described in Annex VII, supplemented by conformity to type (module C) referred
to in Annex VIII, or any of the following modules: B+D, or B+E, or B+F, or G,
or H;

(ii) for boats from 12 m to 24 m hull length: the EC type-examination
(module B) referred to in Annex VII followed by conformity to type (module C)
referred to in Annex VIII, or any of the following modules: B+D, or B+E, or
B+F, or G or H;

(c) for category D:

for boats from 2,5 m to 24 m hull length: the internal production
control (module A) referred to in Annex V, or the internal production control
plus tests (module Aa) referred to in Annex VI, or the EC type-examination
(module B) as described in Annex VII, supplemented by conformity to type
(module C) referred to in Annex VIII, or any of the following modules: B+D, or
B+E, or B+F or G or H;

(d) for personal watercraft:

the internal production control (module A) referred to in Annex V, or
the internal production control plus tests (module Aa) referred to in Annex VI,
or the EC type-examination (module B) as described in Annex VII followed by
conformity to type (module C) referred to in Annex VIII, or any of the
following modules: B+D, or B+E, or B+F, or G or H;

(e) for components referred to in Annex II: any of the following
modules: B+C, or B+D, or B+F, or G or H.

3. With regard to exhaust emissions:

for products referred to in Article 1(1)(b), the engine manufacturer or
his authorised representative established in the Community shall apply the EC
type-examination (module B) as described in Annex VII followed by conformity to
type (module C) referred to in Annex VIII, or any of the following modules:
B+D, or B+E, or B+F, or G or H.

4. With regard to noise emissions:

(a) for products referred to in Article 1(1)(c)(i) and (ii), the boat
manufacturer or his authorised representative

established in the Community shall apply:

(i) where tests are conducted using the harmonized standard (*) for
noise measurement: either internal production control plus tests (module Aa)
referred to in Annex VI, or unit verification (module G) referred to in Annex
XI, or full quality assurance (module H) referred to in Annex XII;

 

 (*) EN ISO 14509.

(ii) where the Froude number and power displacement ratio method is used
for assessment: either the internal production control (module A) referred to
in Annex V, or the internal production control plus tests (module Aa) referred
to in Annex VI, or unit verification (module G) referred to in Annex XI, or
full quality assurance (module H) referred to in Annex XII;

(iii) where certified reference boat data, established in accordance
with point (i), is used for assessment: either internal production control
(module A) referred to in Annex V, or internal production control plus
supplementary requirements (module Aa) referred to in Annex VI, or unit
verification (module G) referred to in Annex XI, or full quality assurance
(module H) referred to in Annex XII;

(b) for products referred to in Article 1(1)(c)(iii) and (iv), the
personal watercraft/engine manufacturer or his authorised representative
established in the Community shall apply: internal production control plus
supplementary requirements referred to in Annex VI (module Aa) or module G or
H.’;

7. Article 10(1), (2) and (3) shall be replaced by the following:

‘1. When the following products are placed on the market, they shall
bear the CE marking of conformity:

(a) recreational craft, personal watercraft and components referred to
in Annex II, which are regarded as meeting the corresponding essential
requirements set out in Annex I;

(b) outboard engines which are regarded as meeting the essential
requirements set out in Annex I.B and I.C.;

(c) stern drive engines with integral exhaust which are regarded as
meeting the essential requirements set out in Annex I.B. and I.C.

2. The CE marking of conformity, as shown in Annex IV, must appear in a
visible, legible and indelible form on the craft and the personal watercraft as
in point 2.2 of Annex I.A, on components, as referred to in Annex II and/or on
their packaging, and on outboard engines and stern drive engines with integral
exhaust as in point 1.1 of Annex I.B.

The CE marking shall be accompanied by the identification number of the
body responsible for implementation

of the procedures set out in Annexes IX, X, XI, XII, and XVI.

3. The affixing of markings or inscriptions on products covered by this
Directive which are likely to mislead third parties with regard to the meaning
or the form of the CE marking shall be prohibited. Any other markings may be
affixed to products covered by this Directive and/or on their packaging
provided that the visibility and legibility of the CE marking is not thereby
reduced.’;

8. Annex I is hereby amended as follows:

1. the heading shall be replaced by the following:

‘ANNEX I

ESSENTIAL REQUIREMENTS

PRELIMINARY OBSERVATION

For the purposes of this Annex the term “craft” shall cover recreational
craft and personal watercraft.

A. Essential safety requirements for the design and
construction of craft.’;

2. the table under ‘1. BOAT DESIGN CATEGORIES’ shall be replaced by the
following:




‘Design category


Wind force
(Beaufort scale)


Significant wave height
(H 1/3, metres)




A - “Ocean”
B - “Offshore”
 C - “Inshore”
 D - “Sheltered waters”


exceeding 8
 up to, and including, 8
up to, and including, 6
 up to, and including, 4


exceeding 4
up to, and including, 4
 up to, and including, 2
up to, and including, 0,3’




 

3. the definition of Boat Design Category A shall be replaced by the
following:

‘A. Ocean: Designed for extended voyages where conditions may exceed wind
force 8 (Beaufort scale) and significant wave heights of 4 m and above but
excluding abnormal conditions, and vessels largely self-sufficient.’;

4. the definition of Boat Design Category D shall be replaced by the
following:

‘D. Sheltered waters — Designed for voyages on sheltered coastal waters,
small bays, small lakes, rivers and canals when conditions up to, and
including, wind force 4 and significant wave heights up to, and including, 0,3
m may be experienced, with occasional waves of 0,5 m maximum height, for
example from passing vessels.’;

5. the last subparagraph under section 1. ‘Boat design categories’ shall
be replaced by the following:

‘Craft in each Category must be designed and constructed to withstand
these parameters in respect of stability, buoyancy, and other relevant
essential requirements listed in Annex I, and to have good handling
characteristics.’;

6. the text under section 2. ‘General requirements’ shall be replaced by
the following:

‘Products falling under Article 1(1)(a) shall comply with the essential
requirements in so far as they apply to them.’;

7. in section 2.1:

(a) the title should read as follows: ‘Craft identification’;

(b) the introductory wording shall read as follows:

‘Each craft shall be marked with an identification number including the
following information:’;

8. in section 2.2 ‘Builder's plate’, the fourth indent shall read as
follows:

‘— manufacturer's maximum recommended load derived from section 3.6
excluding the weight of the contents of the fixed tanks when full’;