EUROPEAN UNION (RECREATIONAL CRAFT AND PERSONAL WATERCRAFT) REGULATIONS 2017
Source: Iris Oifigiúl 65 of 2017 2017-03-03

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paragraphs: These Regulations may be cited as the European Union (Recreational Craft and Personal Watercraft) Regulations 2017.
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paragraphs: (1) In these Regulations—
(a) Commission Directive No. 2001/63/EC of 17 August 20015 ,
(b) the Act concerning the conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded6 ,
(c) Directive No. 2002/88/EC of 9 December 20027 ,
(d) Directive No. 2004/26/EC of 21 April 20048 ,
(e) Council Directive No. 2006/105/EC of 20 November 20069 ,
(f) Regulation (EC) No. 596/2009 of 18 June 200910 ,
(g) Commission Directive No. 2010/26/EU of 31 March 201011 ,
(h) Directive No. 2011/88/EU of 16 November 201112 , and
(i) Commission Directive No. 2012/46/EU of 6 December 201213 ;
(a) changes the means of propulsion of the watercraft,
(b) involves a major engine modification, or
(c) alters the watercraft to such an extent that it may not meet the applicable essential safety and environmental requirements specified in these Regulations;
(a) could potentially cause the engine to exceed the emission limits set out in Part B of Annex I, or
(b) increases the rated power of the engine by more than 15 per cent;
(a) under Regulation 27, or
(b) by another Member State, and whose appointment has been notified to the Commission under Article 26 of the Directive;
(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
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paragraphs: (1) Subject to paragraph (2), these Regulations apply to the following products:
(a) recreational craft and partly completed recreational craft;
(b) personal watercraft and partly completed personal watercraft;
(c) components;
(d) propulsion engines installed or specifically intended for installation on or in watercraft;
(e) propulsion engines installed on or in watercraft that are subject to a major engine modification;
(f) watercraft that are subject to major craft conversion.
(2) These Regulations do not apply to the following products:
(a) with regard to the design and construction requirements specified in Part A of Annex I:
(i) watercraft intended solely for racing, including rowing racing boats and training rowing boats, labelled as such by the manufacturer;
(ii) canoes and kayaks designed to be propelled solely by human power, gondolas and pedalos;
(iii) surfboards designed solely to be propelled by wind and to be operated by a person or persons standing;
(iv) surfboards;
(v) original historical watercraft and individual replicas of such watercraft designed before 1950, built predominantly with the original materials and labelled as such by the manufacturer;
(vi) experimental watercraft, provided that the watercraft is not placed on the Union market;
(vii) watercraft built for own use, provided that the watercraft is not subsequently placed on the Union market during a period of 5 years from the date it is put into service;
(viii) watercraft specifically intended to be crewed and to carry passengers for commercial purposes, regardless of the number of passengers, but without prejudice to paragraph (3);
(ix) submersibles;
(x) air cushion vehicles;
(xi) hydrofoils;
(xii) external combustion steam powered watercraft, fuelled by coal, coke, wood, oil or gas;
(xiii) amphibious vehicles, such as wheeled or track-laying motor vehicles, which are able to operate both on water and on solid land;
(b) with regard to exhaust emission requirements specified in Part B of Annex I:
(i) propulsion engines installed or specifically intended for installation on the following products:
(I) watercraft intended solely for racing and labelled as such by the manufacturer;
(II) experimental watercraft, provided that the watercraft is not placed on the Union market;
(III) watercraft specifically intended to be crewed and to carry passengers for commercial purposes, regardless of the number of passengers, but without prejudice to paragraph (3);
(IV) submersibles;
(V) air cushion vehicles;
(VI) hydrofoils;
(VII) amphibious vehicles, such as wheeled or track-laying motor vehicles, which are able to operate both on water and on land;
(ii) 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 clause (v) or (vii) of subparagraph (a);
(iii) propulsion engines built for own use provided that such engines are not subsequently placed on the Union market during a period of 5 years from the date the watercraft in which the engines are installed are put into service;
(c) with regard to noise emission requirements referred to in Part C of Annex I:
(i) all watercraft referred to in subparagraph (b);
(ii) watercraft built for own use, provided that the watercraft is not subsequently placed on the Union market during a period of 5 years from the date it is put into service.
(3) Notwithstanding subparagraph (a)(viii), (b)(i)(III) or (c)(i) of paragraph (2), these Regulations apply to watercraft which may be used for charter or for sports and leisure training when placed on the Union market for recreational purposes.
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paragraphs: (1) A product to which these Regulations apply may be made available on the market or put into service only if—
(a) the product does not endanger the health and safety of persons, property or the environment, when correctly maintained and used in accordance with its intended purpose, and
(b) the product meets the essential requirements specified in Annex I applicable to that product.
(2) A person who makes available on the market a product to which these Regulations apply in contravention of paragraph (1) shall be guilty of an offence.
(3) Each of the following persons who put into service a product to which these Regulations apply in contravention of paragraph (1) shall be guilty of an offence:
(a) a private importer;
(b) a person referred to in Regulation 5(4) who has adapted an engine referred to in subparagraph (b) or (c) of Regulation 5(3);
(c) a person who has carried out a major engine modification referred to in subparagraph (a) of Regulation 19(3) or a major craft conversion referred to in subparagraph (b) of Regulation 19(3);
(d) a person referred to in Regulation 19(4).
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paragraphs: (1) Nothing in these Regulations shall impede the making available on the market of a partly completed watercraft in respect of which the manufacturer or the importer, as the case may be, has drawn up a declaration in accordance with Annex III that such watercraft is intended to be completed by another person.
(2) Nothing in these Regulations shall impede the making available on the market or the putting into service of a component—
(a) that complies with these Regulations,
(b) that is intended to be incorporated into watercraft, and
(c) in respect of which the appropriate declaration referred to in Regulation 15 has been drawn up by the manufacturer or importer, as the case may be.
(3) Nothing in these Regulations shall impede the making available on the market or the putting into service of a propulsion engine—
(a) that complies with these Regulations, whether or not installed in a watercraft,
(b) that—
(i) is installed in a watercraft,
(ii) is type-approved in accordance with Directive No. 97/68/EC and is in compliance with emission limits for CI engines as provided for in point 4.1.2 of Annex I to that Directive and specified for—
(I) stage III A,
(II) stage III B, or
(III) stage IV,
(iii) complies with these Regulations, other than the exhaust emission requirements applicable to propulsion engines specified in Part B of Annex I,
(c) that—
(i) is installed in a watercraft,
(ii) is type-approved in accordance with Regulation (EC) No. 595/2009, and
(iii) complies with these Regulations, other than the exhaust emission requirements applicable to propulsion engines specified in Part B of Annex I.
(4) Notwithstanding paragraph (3), in respect of a propulsion engine referred to in paragraph (b) or (c) of that paragraph, the person undertaking the adaptation of such an engine shall—
(a) ensure that, when installed in a watercraft in accordance with that person’s installation instructions and taking full account of the information and data available from the engine manufacturer, the propulsion engine will continue to comply with the exhaust emission requirements of either—
(i) Directive No. 97/68/EC, or
(ii) Regulation (EC) No. 595/2009,
(b) draw up an EU declaration of conformity referred to in Regulation 15 that the propulsion engine will continue to meet the exhaust emission requirements of either—
(i) Directive No. 97/68/EC, or
(ii) Regulation (EC) No. 595/2009,
(5) Nothing in these Regulations shall impede the showing of products to which these Regulations apply that do not comply with these Regulations at trade fairs, exhibitions and demonstrations provided that a clearly visible sign is displayed at any such trade fair, exhibition or demonstration indicating that the products concerned—
(a) do not comply with these Regulations, and
(b) shall not be made available on the market or put into service until they so comply.
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paragraphs: For the purposes of these Regulations, the Marine Survey Office is the market surveillance authority and the competent authority in the State.
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paragraphs: (1) A manufacturer shall ensure that a product placed on the market by that manufacturer has been designed and manufactured in accordance with the requirements of Regulation 4(1) and the essential requirements specified in Annex I applicable to the product.
(2) Before placing a product on the market, the manufacturer of the product shall—
(a) draw up the technical documentation in accordance with Regulation 25,
(b) either—
(i) carry out the conformity assessment procedure applicable to the product, or
(ii) have the conformity assessment procedure carried out,
(c) where the compliance of the product with the applicable requirements set out in Annex I has been demonstrated by the conformity assessment procedure, draw up the appropriate declaration referred to in Regulation 15 in accordance with that Regulation,
(d) affix a CE marking to a product in accordance with Regulations 17 and 18,
(e) ensure that the product bears a type, batch or serial number or other element allowing its identification or in the case of a component, where because of its size or nature that is not possible, on its packaging or in the document accompanying the component,
(f) ensure that procedures are in place for series production to remain in conformity with the requirements of these Regulations, having regard to any changes in product design or characteristics and changes in the harmonised standards by reference to which conformity of a product is declared,
(g) indicate on the product or, where that is not possible, on its packaging or a document accompanying the product—
(i) the manufacturer’s name, registered trade name or registered trade mark, and
(ii) the postal address which shall indicate a single point at which the manufacturer can be contacted,
(h) ensure that the product is accompanied by instructions and safety information in an owner’s manual in both the Irish and English languages or in the English language only.
(3) A manufacturer of a product which the manufacturer has placed on the market shall—
(a) retain the technical documentation and a copy of the appropriate declaration referred to in Regulation 15 for 10 years after the product has been placed on the market,
(b) carry out, as required, when deemed appropriate with regard to a risk presented by a product, to protect the health and safety of consumers, sample testing of the product which has been made available on the market,
(c) investigate and, if necessary, keep a register of complaints, non-conforming products and product recalls,
(d) keep distributors informed of any such monitoring referred to in subparagraphs (b) and (c),
(e) in respect of a product which the manufacturer considers or has reason to believe is not in conformity with the requirements of these Regulations—
(i) immediately take any corrective measures necessary to bring the product into conformity including withdrawing it, or recalling it, if appropriate, and
(ii) where the product presents a risk, immediately inform the competent authority and the competent authorities of the other Member States in which the product has been made available, to that effect, giving details of—
(I) the non-compliance, and
(II) any corrective measures taken,
(f) further to a reasoned request from the competent authority, provide it with all the information and documentation, in the Irish or English language, necessary to demonstrate the conformity of the product, and
(g) cooperate with the competent authority, at its request, on any action taken to eliminate a risk posed by a product which the manufacturer has placed on the market.
(4) Where a manufacturer affixes, or has affixed on its behalf, a CE marking to a product, the manufacturer indicates that it takes responsibility for the conformity of the product with all the applicable requirements set out in the relevant Union harmonisation legislation which provides for the affixing of the CE marking to the product.
(5) This Regulation applies to importers and distributors in the circumstances referred to in Regulation 11 and, accordingly, in this Regulation a reference to a manufacturer includes a reference to an importer or a distributor, as the case may be.
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paragraphs: (1) A manufacturer may, by written mandate, appoint an authorised representative.
(2) Subject to paragraph (3), an authorised representative shall perform the tasks specified in the mandate received from the manufacturer.
(3) The tasks referred to in paragraph (2) shall not include—
(a) the obligations referred to in Regulation 7(1), and
(b) the drawing up of the technical documentation referred to in Regulation 25.
(4) The mandate shall permit the authorised representative to perform the following tasks in respect of a product which shall include, but are not limited to:
(a) retaining a copy of the appropriate declaration referred to in Regulation 15 at the disposal of the market surveillance authority for 10 years after a product has been placed on the market;
(b) retaining a copy of the technical documentation referred to in Regulation 25 at the disposal of the market surveillance authority for 10 years after a product has been placed on the market;
(c) further to a reasoned request from the competent authority, providing it with all the information and documentation necessary to demonstrate the conformity of a product;
(d) cooperate with the competent authority, at its request, on any action taken to eliminate a risk posed by a product covered by its mandate.
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paragraphs: (1) An importer shall not place a product on the market unless that product complies with these Regulations.
(2) Before placing a product on the market an importer shall ensure that—
(a) the appropriate conformity assessment procedure has been carried out by the manufacturer,
(b) the manufacturer has drawn up the technical documentation in accordance with Regulation 25, and containing the relevant documents specified in Annex IX,
(c) the product bears a CE marking in accordance with Regulation 17,
(d) the product is accompanied by the appropriate declaration referred to in Regulation 15,
(e) the product is accompanied by an owner’s manual—
(i) specified in point 2.5 of Part A of Annex I, and
(ii) in the case of—
(I) a product referred to in Part B of Annex I, an owner’s manual specified in point 4 of that Part;
(II) a product referred to in Part C of Annex I, containing the information or instructions, as the case may be, referred to in point 2 of that Part,
(f) the manufacturer has complied with the requirements specified in subparagraphs (e) and (g) of Regulation 7(2),
(g) the product is accompanied by instructions and safety information in an owner’s manual in both the Irish and English languages or in the English language only, and
(h) the importer’s name, registered trade name or registered trade mark and the postal address at which the importer can be contacted is indicated on the product, or, in the case of a component where that is not possible, on the packaging or in a document accompanying the product.
(3) Before placing a product on the market, where an importer considers or has reason to believe that a product is not in conformity with the requirements specified in Regulation 4(1) and Annex I, the importer—
(a) shall not place the product on the market until the product has been brought into conformity, and
(b) where the product presents a risk, shall inform the manufacturer and the market surveillance authority of the risk.
(4) Before placing a product on the market, an importer shall ensure that, while the product is under the responsibility of the importer, the storage of the product or the conditions under which it is transported do not jeopardise its compliance with the requirements specified in Regulation 4(1) and Annex I.
(5) An importer of a product which the importer has placed on the market shall, for 10 years after the product has been placed on the market—
(a) retain a copy of the appropriate declaration referred to in Regulation 15 at the disposal of the market surveillance authority, and
(b) ensure that the technical documentation drawn up in accordance with Regulation 25 is made available to the market surveillance authority, upon request.
(6) An importer shall—
(a) carry out, as required, when deemed appropriate with regard to a risk presented by a product, to protect the health and safety of consumers, sample testing of any such product made available on the market,
(b) investigate and, if necessary, keep a register of complaints, non-conforming products and product recalls, and
(c) keep distributors informed of any such monitoring referred to in subparagraphs (a) and (b).
(7) An importer who considers, or has reason to believe, that a product which the importer has placed on the market is not in conformity with the requirements of these Regulations—
(a) shall immediately take any corrective measures necessary to bring that product into conformity, including withdrawing or recalling it, if appropriate, and
(b) where the product presents a risk, shall immediately inform the competent authority and the competent authorities of the other Member States in which the importer made the product available, to that effect, giving details of—
(i) the non-compliance, and
(ii) any corrective measures taken.
(8) An importer shall—
(a) further to a reasoned request from the competent authority, provide it with all the information and documentation, in the Irish or the English language, necessary to demonstrate the conformity of a product, and
(b) cooperate with the competent authority, at its request, on any action taken to eliminate a risk posed by a product which the importer has placed on the market.
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paragraphs: (1) A distributor shall not make a product available on the market without acting with due care in relation to the requirements of these Regulations.
(2) Before making a product available on the market, a distributor shall verify that—
(a) the product bears the CE marking in accordance with Regulation 17,
(b) the product is accompanied by an owner’s manual—
(i) specified in point 2.5 of Part A of Annex I, and
(ii) in the case of—
(I) a product referred to in Part B of Annex I, an owner’s manual specified in point 4 of that Part;
(II) a product referred to in Part C of Annex I, containing the information or instructions, as the case may be, referred to in point 2 of that Part,
(c) the product is accompanied by the appropriate declaration referred to in Regulation 15,
(d) the product is accompanied by instructions and safety information in an owner’s manual in both the Irish and English languages or in the English language only,
(e) the manufacturer has complied with the requirements specified in subparagraphs (e) and (g) of Regulation 7(2), and
(f) the importer has complied with the requirements specified in Regulation 9(2)(h).
(3) Before making a product available on the market, where a distributor considers, or has reason to believe, that a product is not in conformity with the requirements specified in Regulation 4(1) and Annex I, the distributor—
(a) shall not make the product available on the market until the product has been brought into conformity with those requirements, and
(b) where the product presents a risk, shall inform the manufacturer or the importer, as the case may be, and the market surveillance authority of the risk.
(4) A distributor shall ensure that, while a product is under the responsibility of the distributor, the storage of the product or the conditions under which it is transported do not jeopardise its compliance with the requirements specified in Regulation 4(1) and Annex I.
(5) A distributor who considers, or has reason to believe, that a product which the distributor has made available on the market is not in conformity with the requirements of these Regulations—
(a) shall ensure that the necessary corrective measures, as appropriate, are taken to bring that product into conformity, or to withdraw or recall the product, and
(b) where the product presents a risk, shall immediately inform the competent authority and the competent authorities of the other Member States in which the distributor made the product available on the market to that effect, giving details of—
(i) the non-compliance, and
(ii) any corrective measures taken.
(6) A distributor shall—
(a) further to a reasoned request from the competent authority, provide it with all the information and documentation which is necessary to demonstrate the conformity of a product, and
(b) cooperate with the competent authority, at its request, on any action taken to eliminate a risk posed by a product which the distributor has made available on the market.
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paragraphs: An importer or a distributor shall be considered a manufacturer for the purposes of these Regulations and shall fulfil the obligations of the manufacturer under Regulation 7 where any of the following circumstances apply:
(a) the importer places a product on the market under the importer’s name or trademark;
(b) the distributor places a product on the market under the distributor’s name or trademark;
(c) the importer or distributor modifies a product already placed on the market in such a way that compliance with the requirements of these Regulations may be affected.
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paragraphs: Where a manufacturer does not fulfil the obligations to ensure the conformity of a product with these Regulations, a private importer shall, before putting a product into service—
(a) ensure that it was designed and manufactured in accordance with the requirements of Regulation 4(1) and Annex I,
(b) carry out, or have carried out, the obligations of the manufacturer under subparagraphs (a) to (d) and (h) of paragraph (2) and subparagraphs (a), (f) and (g) of paragraph (3) of Regulation 7,
(c) draw up, or have drawn up by a person with an appropriate level of qualifications and technical expertise and competence, the technical documentation required under Regulation 7(2)(a), where the manufacturer has not already done so, and
(d) ensure that the name and address of the notified body which has carried out the conformity assessment of the product is marked on the product.
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paragraphs: (1) An economic operator (“the first-mentioned economic operator”) shall, on request, identify to the market surveillance authority any other economic operator—
(a) who has supplied the first-mentioned economic operator with a product, or
(b) to whom the first-mentioned economic operator has supplied a product.
(2) An economic operator shall be able to present the information referred to in paragraph (1) to the market surveillance authority for a period of 10 years after the economic operator has supplied, or been supplied with, the product.
(3) A private importer shall, on request, identify to the market surveillance authority the economic operator who has supplied the private importer with a product.
(4) A private importer shall be able to present the information referred to in paragraph (3) to the market surveillance authority for a period of 10 years after the private importer has been supplied with the product.
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paragraphs: A product which is in conformity with harmonised standards (or parts of such standards), references to 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 of those standards) specified in Regulation 4(1) and Annex I.
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paragraphs: (1) A person required by these Regulations to draw up an EU declaration of conformity in respect of a product to which these Regulations apply shall ensure that the declaration—
(a) states that the fulfilment of the following requirements applicable to the product have been demonstrated in respect of that product:
(i) the requirements specified in Regulation 4(1) and Annex I, or
(ii) the requirements specified in subparagraph (b) or (c) of Regulation 5(3) and in Regulation 5(4),
(b) has the model structure set out in Annex IV,
(c) contains the elements specified in the relevant modules—
(i) in Annex II to the Decision for the relevant conformity assessment procedure applicable to, and followed in respect of, a product, and
(ii) in Annex V for equivalent conformity based on post-construction assessment applicable to, and followed in respect of, a product,
(d) when the product is made available on the market or put into service in the State, is translated into—
(i) both the Irish and English languages, or
(ii) the English language only.
(2) A person who has drawn up an EU declaration of conformity in accordance with paragraph (1) shall ensure that the declaration is continuously updated.
(3) A manufacturer, a private importer or a person referred to in Regulation 5(4) who has adapted an engine referred to in subparagraph (b) or (c) of Regulation 5(3), who has drawn up an EU declaration of conformity in accordance with paragraph (1), shall be responsible for compliance of the product with these Regulations.
(4) A manufacturer, a private importer, or a person referred to in Regulation 5(4) who has adapted an engine referred to in subparagraph (b) or (c) of Regulation 5(3), who has drawn up an EU declaration of conformity in accordance with paragraph (1), shall ensure that the declaration shall accompany—
(a) watercraft,
(b) components, when placed on the market separately, and
(c) propulsion engines,
(5) A manufacturer or an importer of a partly completed watercraft specified in Regulation 5(1) shall, when the partly completed watercraft is made available on the market in the State—
(a) draw up a declaration containing the elements specified in Annex III,
(b) ensure the declaration shall accompany the partly completed watercraft, and
(c) translate the declaration into—
(i) both the Irish and English languages, or
(ii) the English language only.
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paragraphs: (1) The CE marking shall be affixed to a product only in accordance with the requirements of these Regulations.
(2) The CE marking shall be the only marking which attests to the conformity of a product with all the applicable requirements of the relevant Union harmonisation legislation which provides for the affixing of the CE marking to the product.
(3) The following persons, as the case may require, shall ensure that this Regulation is complied with in relation to a product:
(a) the manufacturer of the product;
(b) the authorised representative concerned, where the requirement to affix the CE marking to a product in accordance with Regulations 17 and 18 is specified in the mandate received by the authorised representative from the manufacturer;
(c) the importer of the product, in the circumstances referred to in paragraph (a) or (c) of Regulation 11;
(d) a distributor of the product, in the circumstances referred to in paragraph (b) or (c) of Regulation 11;
(e) a private importer of the product, in a case where Regulation 12(b) applies;
(f) a person referred to in Regulation 5(4) who has adapted an engine referred to in subparagraph (b) or (c) of Regulation 5(3);
(g) a person who has carried out a major engine modification referred to in subparagraph (a) of Regulation 19(3) or a major craft conversion referred to in subparagraph (b) of Regulation 19(3);
(h) a person referred to in Regulation 19(4);
(i) a person referred to in Regulation 19(5).
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paragraphs: (1) The following products are subject to CE marking when made available on the market or put into service:
(a) watercraft;
(b) components;
(c) propulsion engines.
(2) A product referred to in paragraph (1) which bears the CE marking shall be presumed to comply with these Regulations.
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paragraphs: (1) A person shall not make available on the market or put into service a product referred to in Regulation 17(1), unless the CE marking, specified in Annex II to Regulation (EC) No. 765/2008, is affixed to the product, in accordance with paragraphs (2) to (6), before it is so made available or put into service.
(2) The CE marking shall be affixed visibly, legibly and indelibly to the product concerned.
(3) In the case of a component, where it is not possible or warranted, because of the nature or size of that product, to affix the CE marking in accordance with paragraph (1), the CE marking shall be affixed to the packaging and the accompanying documents.
(4) In the case of a watercraft, the CE marking shall be affixed on the watercraft builder’s plate which is mounted separately from the watercraft identification number.
(5) In the case of a propulsion engine, the CE marking shall be affixed on the engine.
(6) The CE marking shall be affixed to the product before it is placed on the market or put into service.
(7) The CE marking shall be followed by the identification number of the notified body, where that body is involved in the production control phase or the post-construction assessment.
(8) The identification number of the notified body shall be affixed—
(a) by the notified body itself, or
(b) where instructed to do so by the notified body, by—
(i) the manufacturer,
(ii) the authorised representative of the manufacturer,
(iii) the private importer,
(iv) the person who has carried out a major engine modification referred to in subparagraph (a) of Regulation 19(3) or a major craft conversion referred to in subparagraph (b) of Regulation 19(3),
(v) the person referred to in Regulation 19(4), or
(vi) the person referred to in Regulation 19(5).
(9) The CE marking and, where applicable, the identification number of the notified body referred to in paragraph (7), may be followed by a pictogram or any other mark indicating a special risk or use.
(10) A person shall not affix a sign, marking or inscription to a product which is likely to mislead third parties as to the meaning or form of the CE marking.
(11) A person shall not affix a marking to a product if it is likely to impair the visibility, legibility or meaning of the CE marking.
(12) A person shall not affix a CE marking, in a manner which contravenes this Regulation, to a product which is otherwise in conformity with the requirements of these Regulations.
(13) A person who affixes a CE marking to a product which is not in conformity with the requirements of these Regulations shall be guilty of an offence.
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paragraphs: (1) A manufacturer of a product to which these Regulations apply shall apply the conformity assessment procedures specified in Regulations 20, 21 and 22 before placing the product on the market.
(2) A private importer of a product to which these Regulations apply shall apply the conformity assessment procedure specified in Regulation 23 before putting the product into service where the manufacturer has not carried out the conformity assessment for the product concerned.
(3) A person shall apply the conformity assessment procedure specified in Regulation 23 before placing on the market or putting into service—
(a) a propulsion engine following the carrying out of a major engine modification, or
(b) a watercraft following the carrying out of a major craft conversion.
(4) A person who intends—
(a) to place on the market or put into service a watercraft to which these Regulations do not apply, and
(b) to change the purpose of the watercraft in such a manner that these Regulations shall apply to the watercraft following such change,
(5) A person who intends to place on the market a watercraft referred to in subparagraph (a)(vii) of Regulation 3(2) before the end of a period of 5 years from the date the watercraft was put into service, shall apply the conformity assessment procedure specified in Regulation 23 before placing the watercraft on the market.
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paragraphs: (1) The conformity assessment procedures specified in Annex II to the Decision and set out in this Regulation shall apply with regard to design and construction of recreational craft, personal watercraft and components.
(2) The conformity assessment procedures to be applied in respect of recreational craft of hull length from 2.5 metres to less than 12 metres of design categories A and B referred to in point 1 of Part A of Annex I shall be—
(a) Module A1,
(b)(i) Module B, and
(ii) any one of the following modules:
(I) Module C;
(II) Module D;
(III) Module E;
(IV) Module F,
(c) Module G, or
(d) Module H.
(3) The conformity assessment procedures to be applied in respect of recreational craft of hull length from 12 metres to 24 metres of design categories A and B referred to in point 1 of Part A of Annex I shall be—
(a)(i) Module B, and
(ii) any one of the following modules:
(I) Module C;
(II) Module D;
(III) Module E;
(IV) Module F,
(b) Module G, or
(c) Module H.
(4) The conformity assessment procedures to be applied in respect of recreational craft of hull length from 2.5 metres to less than 12 metres of design category C referred to in point 1 of Part A of Annex I shall be—
(a) where the harmonised standards relating to points 3.2 and 3.3 of Part A of Annex I are complied with—
(i) Module A,
(ii) Module A1,
(iii)(I) Module B, and
(II) any one of the following modules:
(A) Module C;
(B) Module D;
(C) Module E;
(D) Module F,
(iv) Module G, or
(v) Module H,
(b) where the harmonised standards relating to points 3.2 and 3.3 of Part A of Annex I are not complied with—
(i) Module A1,
(ii)(I) Module B, and
(II) any one of the following modules:
(A) Module C;
(B) Module D;
(C) Module E;
(D) Module F,
(iii) Module G, or
(iv) Module H.
(5) The conformity assessment procedures to be applied in respect of recreational craft of hull length from 12 metres to 24 metres of design category C referred to in point 1 of Part A of Annex I shall be—
(a)(i) Module B, and
(ii) any one of the following modules:
(I) Module C;
(II) Module D;
(III) Module E;
(IV) Module F,
(b) Module G, or
(c) Module H.
(6) The conformity assessment procedures to be applied in respect of recreational craft of hull length from 2.5 metres to 24 metres of design category D referred to in point 1 of Part A of Annex I shall be—
(a) Module A,
(b) Module A1,
(c)(i) Module B, and
(ii) any one of the following modules:
(I) Module C;
(II) Module D;
(III) Module E;
(IV) Module F,
(d) Module G, or
(e) Module H.
(7) The conformity assessment procedures specified in Annex II to the Decision to be applied in respect of the design and construction of personal watercraft shall be—
(a) Module A,
(b) Module A1,
(c)(i) Module B, and
(ii) any one of the following modules:
(I) Module C;
(II) Module D;
(III) Module E;
(IV) Module F,
(d) Module G, or
(e) Module H.
(8) The conformity assessment procedures specified in Annex II to the Decision to be applied in respect of the design and construction of components shall be—
(a)(i) Module B, and
(ii) any one of the following modules:
(I) Module C;
(II) Module D;
(III) Module E;
(IV) Module F,
(b) Module G, or
(c) Module H.
num: 21
paragraphs: The manufacturer of a propulsion engine referred to in subparagraph (d) or (e) of Regulation 3(1) shall apply the following conformity assessment procedures specified in Annex II to the Decision in respect of exhaust emissions of such a propulsion engine:
(a) where tests are conducted using the harmonised standard for exhaust emission measurement—
(i)(I) Module B, and
(II) any one of the following modules:
(A) Module C;
(B) Module D;
(C) Module E;
(D) Module F,
(ii) Module G, or
(iii) Module H;
(b) where tests are conducted without using the harmonised standard for exhaust emission measurement—
(i) Module B and Module C1, or
(ii) Module G.
num: 22
paragraphs: (1) A manufacturer shall apply the conformity assessment procedures specified in Annex II to the Decision in respect of noise emissions to—
(a) recreational craft with stern drive propulsion engines without integral exhausts,
(b) recreational craft with inboard propulsion engine installations,
(c) recreational craft with stern drive propulsion engines without integral exhausts subject to major craft conversion and subsequently placed on the market within 5 years of the conversion, and
(d) recreational craft with inboard propulsion engine installations subject to major craft conversion and subsequently placed on the market within 5 years of the conversion.
(2) The conformity assessment procedures to be applied in respect of the recreational craft specified in paragraph (1) shall be—
(a) where tests are conducted using the harmonised standard for noise measurement—
(i) Module A1,
(ii) Module G, or
(iii) Module H,
(b) where tests are conducted without using the harmonised standard for noise measurement, Module G, or
(c) where the Froude number and power displacement ratio method is used for assessment—
(i) Module A,
(ii) Module G, or
(iii) Module H.
(3) A manufacturer of a personal watercraft or a propulsion engine shall apply the conformity assessment procedures specified in Annex II to the Decision in respect of noise emissions to—
(a) personal watercraft,
(b) outboard propulsion engines intended for installation on recreational craft, and
(c) stern drive propulsion engines with integral exhausts intended for installation on recreational craft.
(4) The conformity assessment procedures to be applied in respect of a personal watercraft or a propulsion engine specified in paragraph (3) shall be—
(a) where tests are conducted using the harmonised standard for noise measurement—
(i) Module A1,
(ii) Module G, or
(iii) Module H,
(b) where tests are conducted without using the harmonised standard for noise measurement, Module G.
num: 23
paragraphs: For the purposes of paragraphs (2), (3), (4) and (5) of Regulation 19, the post construction conformity assessment procedure shall be carried out in accordance with Annex V.
num: 24
paragraphs: (1) Where the procedure specified in Module B of Annex II to the Decision is used to conduct the assessments specified for the purposes of Regulation 20, 21 or 22, the EU type examination shall be carried out in the manner specified in the second indent of point 2 of Module B.
(2) A production type as referred to in Module B of Annex II to the Decision used by a notified body to carry out conformity assessment may apply to several versions of the same product, provided that—
(a) any difference between the versions of the product does not affect the level of safety and other requirements in relation to the performance of the product, and
(b) other versions of the product are referred to in the corresponding EU type examination certificate and, if necessary, by amendments to the original certificate.
(3) Where the procedure specified in Module A1 of Annex II to the Decision is used to conduct the assessments specified for the purposes of Regulation 20, 21 or 22, the product checks shall be carried out on one or more watercraft representing the production of the manufacturer, and the supplementary requirements specified in Annex VI shall apply.
(4) The product checks referred to in Module A1 or C1 of Annex II to the Decision shall not be carried out by accredited in-house bodies referred to in those modules.
(5) Where the procedure specified in Module F of Annex II to the Decision is used to conduct the assessments specified for the purposes of Regulation 21, Annex VII shall apply to the assessment of conformity with the exhaust emission requirements.
(6) Where the procedure specified in Module C of Annex II to the Decision is used to conduct the assessments specified for the purposes of Regulation 21, and if the manufacturer is not operating an approved quality system specified in Module H of Annex II to the Decision, a notified body, chosen by the manufacturer to carry out the product checks or to have them carried out at random intervals determined by the notified body, shall carry out such checks in order to verify the quality of the internal checks on the product.
(7) If, in respect of the procedures referred to in paragraph (6), the notified body is of the opinion that—
(a) the quality level may be unsatisfactory, or
(b) it may be necessary to verify the validity of the data presented by the manufacturer,
num: 25
paragraphs: (1) The technical documentation referred to in Regulation 7(2)(a) shall contain—
(a) all relevant data and details of the means used by the manufacturer to ensure that a product complies with the requirements of Regulation 4(1) and Annex I, and
(b) the relevant documents specified in Annex IX.
(2) The technical documentation shall ensure that the design, construction, operation and assessment of conformity of the product shall be clear and intelligible.
num: 26
paragraphs: (1) The Minister is designated as the notifying authority in the State for the purposes of Article 27 of the Directive and these Regulations.
(2) The Accreditation Board shall carry out the following activities on behalf of the notifying authority—
(a) the setting up and carrying out of the necessary procedures for the assessment and accreditation of conformity assessment bodies, and