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# 31994L0025

**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***Official Journal L 164 , 30/06/1994 P. 0015 - 0038 Finnish special edition: Chapter 13 Volume 26 P. 0098  Swedish special edition: Chapter 13 Volume 26 P. 0098*

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

THE EUROPEAN PARLIAMENT AND THE  COUNCIL OF THE EUROPEAN UNION,

 Having regard to the Treaty establishing the European Community, and in particular Article 100a  thereof,

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

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

 Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),

 Whereas the internal market is to comprise an area without internal frontiers in which the free  movement of goods, persons, services and capital is ensured;

 Whereas the laws, regulations and administrative provisions in force in the various Member States  relating to the safety characteristics of recreational craft differ in scope and content; whereas  such disparities are liable to create barriers to trade and unequal conditions of competition  within the internal market;

 Whereas harmonization of national legislation is the only way in which to remove these barriers to  free trade; whereas this objective cannot be satisfactorily achieved by the individual Member  States; whereas this Directive merely lays down the requirements vital to freedom of movement for  recreational craft;

 Whereas this Directive should cover only recreational craft of a minimum length of 2,5 m and a  maximum length of 24 m, derived from the ISO standards;

 Whereas the removal of technical barriers in the field of recreational craft and their components,  to the extent that they cannot be removed by mutual recognition of equivalence among all the Member  States, should follow the new approach set out in the Council resolution of 7 May 1985 (4) which  calls for the definition of essential requirements on safety and other aspects which are important  for the general well-being; whereas paragraph 3 of Article 100a provides that, in its proposals,  concerning health, safety, environmental protection and consumer protection, the Commission will  take as a base a high level of protection; whereas the essential requirements constitute the  criteria with which recreational craft, partly completed craft and their components when separate  and when installed must comply;

 Whereas, therefore, this Directive sets out essential requirements only; whereas, in order to  facilitate the task of proving compliance with the essential requirements, harmonized European  standards are necessary for recreational craft and their components as referred to in Annex II;  whereas harmonized European standards are drawn up by private bodies and must retain their  non-mandatory status; whereas, for this purpose, the European Committee for Standardization (CEN)  and the European Committee for Electrotechnical Standardization (Cenelec) are recognized as the  bodies competent to adopt harmonized standards which follow the general guidelines for cooperation  between the Commission and those two bodies, signed on 13 November 1984; whereas, for the purposes  of this Directive, a harmonized standard is a technical specification (European Standard or  harmonization document) adopted by one or other of those bodies, or by both, at the prompting of  the Commission pursuant to Council Directive 83/189/EEC of 28 March 1983 laying down a procedure  for the provision of information in the field of technical standards and regulations (5) and  pursuant to the general guidelines referred to above;

 Whereas, in view of the nature of the risks involved in the use of recreational craft and their  components, it is necessary to establish procedures applying to the assessment of compliance with  the essential requirements of the Directive; whereas these procedures must be devised in the light  of the level of risk which may be inherent in recreational craft and their components; whereas,  therefore, each category of conformity must be supplemented by an appropriate procedure or a choice  between several equivalent procedures; whereas the procedures adopted 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 the technical harmonization Directives (1);

 Whereas the Council has provided for the affixing of the CE marking by either the manufacturer or  his authorized representative within the Community; whereas that mark means that the recreational  craft and components comply with all the essential requirements and assessment procedures provided  for by the Community law applying to the product;

 Whereas it is appropriate that the Member States, as provided for by Article 100a (5) of the  Treaty, may take provisional measures to limit or prohibit the placing on the market and the use of  recreational craft or constituent products thereof in cases where they present a particular risk to  the safety of persons and, where appropriate, domestic animals or property, provided that the  measures are subject to a Community control procedure;

 Whereas the recipients of any decision taken as part of this Directive must be aware of the reasons  behind that decision and the means of appeal open to them;

 Whereas it is necessary to provide for a transitional arrangement enabling recreational craft and  their components manufactured in compliance with the national regulations in force at the date of  adoption of this Directive to be marketed and placed in service;

 Whereas this Directive does not contain any provisions directed towards limiting the use of the  recreational craft after it has been put into service;

 Whereas the construction of recreational craft may have an impact on the environment to the extent  that the craft may discharge polluting substances; whereas it is therefore necessary to include  provisions on the protection of the environment in the Directive, in so far as those provisions  concern the construction of recreational craft from the point of view of its direct impact on the  environment;

 Whereas the provisions of this Directive should not affect Member States' entitlement to lay down,  in accordance with the Treaty, such requirements as they may deem necessary concerning navigation  on certain waters for the purpose of protection of the environment, the fabric of waterways and  ensuring safety on waterways, provided that this does not mean that the recreational craft is  modified in a way not specified in this Directive,

 HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I 

Article 1

1. This Directive shall apply to recreational craft,  partly completed boats and components referred to in Annex II when separate and when installed.

 2. 'Recreational craft' shall mean any boat of any type, regardless of the means of propulsion,  from 2,5 to 24 m hull length, measured according to the appropriate harmonized standards intended  for sports and leisure purposes. 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 market for recreational purposes.

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

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

 (b) canoes and kayaks, gondolas and pedalos;

 (c) sailing surfboards;

 (d) powered surfboards, personal watercraft and other similar powered craft;

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

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

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

 (h) craft specifically intended to be crewed and to carry passengers for commercial purposes,  without prejudice to paragraph 2, in particular those defined in Directive 82/716/EEC of 4 October  1982 laying down technical requirements for inland waterway vessels (2), regardless of the number  of passengers;

 (i) submersibles;

 (j) air cushion vehicles;

 (k) hydrofoils.

Article 2

Placing on the market and putting into service

1. Member States shall take all  necessary measures to ensure that the products referred to in Article 1 (1) may be placed on the  market and put into service for use in accordance with their intended purpose only if they do not  endanger the safety and health of persons, property or the environment when correctly constructed  and maintained.

 2. The provisions of this Directive shall not prevent Member States from adopting, in compliance  with the Treaty, provisions concerning navigation on certain waters for the purpose of protection  of the environment, the fabric of waterways, and ensuring safety of waterways, providing that this  does not require modification to craft conforming to this Directive.

Article 3

Essential requirements

The products referred to in Article 1 (1) shall meet the  essential safety, health, environmental protection and consumer protection requirements set out in  Annex I.

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 putting into service in their territory  of the products referred to in Article 1 (1) bearing the CE marking referred to in Annex IV, which  indicates their conformity with all 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 authorized 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 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 intended to be incorporated into recreational craft, in accordance with the declaration,  referred to in Annex IIIB, of the manufacturer, his authorized 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. 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.

 5. Where the products referred to in Article 1 (1) are subject to other Directives concerning other  aspects and which also provide for the affixing of the CE marking, the latter shall indicate that  such products also fulfil the provisions of those other Directives. However, should one or more of  those Directives allow the manufacturer, during a transitional period, to choose which arrangements  to apply, the CE marking shall indicate that the product fulfils the provisions only of those  Directives applied by the manufacturer. In this case, the particulars of those Directives, as  published in the Official Journal of the European Communities, must be given in the documents,  notices or instructions required by those Directives and accompanying such products.

Article 5

Member States shall presume compliance with the essential requirements referred to in  Article 3 of products referred to in Article 1 (1) which meet the relevant national standards  adopted pursuant to the harmonized standards the references of which have been published in the  Official Journal of the European Communities; Member States shall publish the references of such  national standards.

Article 6

1. Where a Member State or the Commission is of the opinion that the harmonized  standards referred to in Article 5 do not fully meet the essential requirements referred to in  Article 3, the Commission or the Member State shall notify the committee set up under Directive  83/189/CEE, setting out its reasons. The committee shall deliver an urgent opinion.

 In the light of the opinion of the committee, the Commission shall inform Member States if the  standards concerned should be withdrawn from the publications referred to in Article 5.

 2. The Commission may adopt any appropriate measure with a view to ensuring that this Directive is  applied practically in a uniform manner in pursuance of paragraph 3.

 3. The Commission shall be assisted by a Standing Committee composed of representatives appointed  by the Member States and chaired by a representative from the Commission.

 The Standing Committee shall draw up its own rules of procedure.

 The representative of the Commission shall submit to the Committee a draft of the measures to be  taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman  may lay down according to the urgency of the matter, if necessary by taking a vote.

 The opinion shall be recorded in the minutes; in addition, each Member State shall have the right  to ask to have its position recorded in the minutes.

 The Commission shall take the utmost account of the opinion delivered by the Committee. It shall  inform the Committee of the manner in which its opinion has been taken into account.

 4. The Standing Committee may, in addition, examine any question concerning the application of this  Directive and raised by its chairman, either at the chairman's initiative or at the request of a  Member State.

Article 7

Safeguard clause

1. Where a Member State ascertains that recreational craft or  components referred to in Annex II and bearing the CE marking referred to in Annex IV when  correctly constructed, installed, 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 or put into service.

 The Member State shall immediately inform the Commission of any such measure, indicating the  reasons for its decision, in particular where non-conformity is the result of:

 (a) failure to comply with the essential requirements referred to in Article 3;

 (b) incorrect application of the standards referred to in Article 5, in so far as it is claimed  that those standards have been applied;

 (c) shortcomings in the standards referred to in Article 5 themselves.

 2. The Commission shall enter into consultation with the parties concerned as soon as possible.  Where, after such consultation, the Commission finds that:

 - the measures are justified, it shall immediately so inform the Member State which took the  initiative and the other Member States; where the decision referred to in paragraph 1 is attributed  to shortcomings in the standards, the Commission shall, after consulting the parties concerned,  bring the matter before the Committee referred to in Article 6 (1) within two months, if the Member  State which has taken the decision intends to maintain it, and shall initiate the procedure  referred to in Article 6 (1),

 - the measures are unjustified, it shall immediately so inform the Member State which took the  initiative and the manufacturer or his authorized representative established in the Community.

 3. Where a non-complying component referred to in Annex II or craft 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.

 4. The Commission shall ensure that the Member States are kept informed of the progress and outcome  of this procedure.

CHAPTER II 

Conformity assessment

Article 8

Before producing and placing on the market products  referred to in Article 1 (1), the manufacturer or his authorized 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.

 1. For categories A and B:

 - for boats of less than 12 m hull length: the internal production control plus tests (module Aa)  referred to in Annex VI,

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

 2. For category C:

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

 - where the harmonized standards relating to sections 3.2 and 3.3 of Annex I are complied with: the  internal production control (module A), referred to in Annex V,

 - where the harmonized standards relating Sections 3.2 and 3.3 of Annex I are not complied with:  the internal production control plus tests (module Aa) referred to in Annex VI.

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

 3. 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.

 4. For components referred to in Annex II: any of the following modules: B + C, or B + D, or B + F,  or G or H.

Article 9

Notified bodies

1. Member States shall notify the Commission and other Member States of  the bodies which they have appointed to carry out the tasks pertaining to the conformity assessment  procedures referred to in Article 8, together with the specific tasks which these bodies have been  appointed to carry out and the identification numbers assigned to them beforehand by the  Commission.

 The Commission shall publish a list of the notified bodies, together with the identification  numbers it has allocated to them and the tasks for which they have been notified, in the Official  Journal of the European Communities. It shall ensure that the list is kept up to date.

 2. Member States shall apply the criteria laid down in Annex XIV in assessing the bodies to be  indicated in such notification. Bodies meeting the assessment criteria laid down in the relevant  harmonized standards shall be presumed to fulfil those criteria.

 3. A Member State shall withdraw its approval from such a body if it is established that the latter  no longer satisfies the criteria referred to in Annex XIV. It shall inform the Commission and the  other Member States of its action forthwith.

CHAPTER III 

CE Marking

Article 10

1. Recreational craft and components as referred to in Annex  II which are regarded as meeting the essential requirements referred to in Article 3 must bear the  CE marking of conformity when they are placed on the market.

 2. The CE marking of conformity, as shown in Annex IV, must appear in a visible, legible and  indelible form on the recreational craft as in point 2.2 of Annex I and on components as referred  to in Annex II and/or on their packaging.

 The CE marking shall be accompanied by the identification number of the notified body responsible  for implementation of the procedures set out in Annexes VI, IX, X, XI and XII.

 3. The affixing of markings or inscriptions on the craft 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 the recreational craft and components as referred to in Annex II and/or on their  packaging, provided that the visibility and legibility of the CE marking is not thereby reduced.

 4. Without prejudice to Article 7:

 (a) where a Member State establishes that the CE marking has been affixed wrongly, the manufacturer  or his authorized representative established in the Community shall be obliged to end the  infringement under conditions laid down by the Member State;

 (b) where non-compliance continues, the Member State shall take all appropriate measures to  restrict or prohibit the placing on the market of the product in question or to ensure that it is  withdrawn from the market, in accordance with the procedure laid down in Article 7.

CHAPTER IV 

Final provisions

Article 11

Detailed grounds shall be given for any decision taken  pursuant to this Directive leading to a restriction on the marketing and putting into service of  products referred to in Article 1 (1). The party concerned shall be informed of the decision as  soon as possible together with the means of redress available under the laws in force in the Member  State concerned and the periods within which appeals must be lodged.

Article 12

The Commission shall take the necessary measures to ensure that data affecting all  pertinent decisions concerning the management of this Directive are made available.

Article 13

1. Member States shall adopt and publish the laws, regulations and administrative  provisions necessary to comply with this Directive not later than 16 December 1995. They shall  immediately inform the Commission thereof.

 Member States shall apply these provisions from 16 June 1996.

 The Standing Committee referred to in Article 6 (3) may assume its tasks from the date of the entry  into force of this Directive. Member States may take the measures referred to in Article 9 of such  date.

 When Member States adopt the provisions referred to in the first subparagraph, these shall contain  a reference to this Directive or shall be accompanied by such a reference at the time of their  official publication. The procedure for such reference shall be adopted by Member States.

 2. Member States shall communicate to the Commission the text of the provisions of national law  which they adopt in the field governed by this Directive.

 3. Member States shall accept the placing on the market and putting into service of products  referred to in Article 1 (1) which comply with the rules in force in their territory on the date of  adoption of this Directive during a period of four years from that date.

Article 14

This Directive shall enter into force on the day of its publication in the Official  Journal of the European Communities.

Article 15

This Directive is addressed to the Member States.

Done at Brussels, 16 June 1994.

 For the European Parliament

The President

E. KLEPSCH

For the Council

The President

Y.  PAPANTONIOU

(1) OJ No C 123, 15. 5. 1992, p. 7.

 (2) OJ No C 313, 30. 11. 1992, p. 38.

 (3) Opinion of the European Parliament of 16 November 1992 (OJ No C 337, 21. 12. 1992, p. 17);  Council common position of 16 December 1993 (OJ No C 137, 19. 5. 1994, p. 1); Decision of the  European Parliament of 9 March 1994 (OJ No C 91, 28. 3. 1994).

 (4) OJ No C 136, 4. 6. 1985, p. 1.

 (5) OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by Directive 88/182/EEC (OJ No L 81,  26. 3. 1988, p. 75).

 (1) OJ No L 220, 30. 8. 1993, p. 23.

 (2) OJ No L 301, 28. 10. 1982, p. 1.

ANNEX I 

ESSENTIAL SAFETY REQUIREMENTS FOR THE DESIGN AND CONSTRUCTION OF RECREATIONAL  CRAFT 

1. BOAT DESIGN CATEGORIES

>TABLE>

Definitions:

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

 B. OFFSHORE: Designed for offshore voyages where conditions up to, and including, wind force 8 and  significant wave heights up to, and including, 4 m may be experienced.

 C. INSHORE: Designed for voyages in coastal waters, large bays, estuaries, lakes and rivers where  conditions up to, and including, wind force 6 and significant wave heights up to, and including, 2  m may be experienced.

 D. SHELTERED WATERS: Designed for voyages on small lakes, rivers, and canals where conditions up  to, and including, wind force 4 and significant wave heights up to, and including, 0,5 m may be  experienced.

 Boats 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.

 2. GENERAL REQUIREMENTS

Recreational craft and components as referred to in Annex II shall comply  with the essential requirements in so far as they apply to them.

 2.1. Hull identification

Each craft shall be marked with a hull identification number including the  following information:

 - manufacturer's code,

 - country of manufacture,

 - unique serial number,

 - year of production,

 - model year.

 The relevant harmonized standard gives details of these requirements.

 2.2. Builder's plate

Each craft shall carry a permanently affixed plate mounted separately from the  boat hull identification number, containing the following information:

 - manufacturer's name,

 - CE marking (see Annex IV),

 - boat design category according to section 1,

 - manufacturer's maximum recommended load according to section 3.6,

 - number of persons recommended by the manufacturer for which the boat was designed to carry when  under way.

 2.3. Protection from falling overboard and means of reboarding

Depending on the design category,  craft shall be designed to minimize the risks of falling overboard and to facilitate reboarding.

 2.4. Visibility from the main steering position

For motor boats, 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 craft shall be provided with an owner's manual in the official Community  language or languages which may be determined by the Member State in which it is marketed in  accordance with the Treaty. This manual should draw particular attention to risks of fire and  flooding and shall contain the information listed in sections 2.2, 3.6 and 4 as well as the unladen  weight of the craft in kilograms.

 3. INTEGRITY AND STRUCTURAL REQUIREMENTS

3.1. Structure

The choice and combination of materials and  its construction shall ensure that the craft is strong enough in all respects. Special attention  shall be paid to the design category according to section 1, and the manufacturer's maximum  recommended load in accordance with section 3.6.

 3.2. Stability and freeboard

The craft shall have sufficient stability and freeboard considering  its design category according to section 1 and the manufacturer's maximum recommended load  according to section 3.6.

 3.3. Buoyancy and flotation

The craft shall be constructed to ensure that it has buoyancy  characteristics appropriate to its design category according to section 1.1, and the manufacturer's  maximum recommended load according to section 3.6. All habitable multihull craft shall be so  designed as to have sufficient buoyancy to remain afloat in the inverted position.

 Boats of less than six 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 craft or its weathertight integrity when closed.

 Windows, portlights, doors and hatchcovers shall withstand the water pressure likely to be  encountered in their specific position, as well as pointloads 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 according to section 3.6,  shall be fitted with shutoff means which shall be readily accessible.

 3.5. Flooding

All craft shall be designed so as to minimize the risk of sinking.

 Particular attention should be paid where appropriate to:

 - cockpits and wells, which should be self-draining or have other means of keeping water out of the  boat 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 boat was  designed, as marked on the builder's plate, shall be determined according to the design category  (section 1), stability and freeboard (section 3.2) and buoyancy and flotation (section 3.3).

 3.7. Liferaft stowage

All craft of categories A and B, and craft of categories C and D longer than  six metres shall be provided with one or more stowage points for a liferaft (liferafts) large  enough to hold the number of persons the boat was designed to carry as recommended by the  manufacturer. This (these) stowage point(s) shall be readily accessible at all times.

 3.8. Escape

All habitable multihull craft over 12 metres long shall be provided with viable means  of escape in the event of inversion.

 All habitable craft shall be provided with viable means of escape in the event of fire.

 3.9. Anchoring, mooring and towing

All craft, 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  craft are satisfactory with the most powerful engine for which the boat is designed and  constructed. For all recreational marine engines, the maximum rated engine power shall be declared  in the owner's manual in accordance with the harmonized standard.

 5. INSTALLATION REQUIREMENTS

5.1. Engines and engine spaces

5.1.1. Inboard engine

All inboard  mounted engines shall be placed within an enclosure separated from living quarters and installed so  as to minimize 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 engine spaces shall be non-combustible.

 5.1.2. Ventilation

The engine compartment shall be ventilated. The dangerous ingress of water into  the engine compartment through all inlets must be prevented.

 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 engines starting

All boats with outboard engines shall have a device to prevent  starting the engine in gear, except:

 (a) when the engine produces less than 500 newtons (N) of static thrust;

 (b) when the engine has a throttle limiting device to limit thrust to 500 N at the time of starting  the engine.

 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 minimize 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 according to their capacity and the type of fuel. All tank spaces shall be ventilated.

 Liquid fuel with a flash point below 55 °C shall be kept in tanks which do not form part of the  hull and are:

 (a) insulated from the engine compartment and from all other source of ignition;

 (b) separated from living quarters.

 Liquid fuel with a flash point equal to or above 55 °C may be kept in tanks that are integral with  the hull.

 5.3. Electrical system

Electrical systems shall be designed and installed so as to ensure proper  operation of the craft under normal conditions of use and shall be such as to minimize risk of fire  and electric shock.

 Attention shall be paid to the provision of overload and short-circuit protection of all circuits,  except engine starting circuits, supplied from batteries.

 Ventilation shall be provided to prevent the accumulation of 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 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

Sailboat and single-engined inboard powered motor boats with  remote-controlled rudder steering systems shall be provided with emergency means of steering the  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 appliance shall be equipped with a flame failure device effective on all burners. 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 craft 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. Any permanent 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 craft  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 avoiding electrical wiring above hot areas of  machines.

 5.6.2. Fire-fighting equipment

Craft shall be supplied with fire-fighting equipment appropriate to  the fire hazard. Petrol engine enclosures shall be protected by a fire extinguishing system that  avoids the need to open the enclosure 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 craft.

 5.7. Navigation lights

Where navigation lights are fitted, they shall comply with the 1972 Colreg  or CEVNI regulations, as appropriate.

 5.8. Discharge prevention

Craft shall be constructed so as to prevent the accidental discharge of  pollutants (oil, fuel, etc.) overboard.

 Craft fitted with toilets shall have either:

 (a) holding tanks; or

(b) provision to fit holding tanks on a temporary basis in areas of use where  the discharge of human waste is restricted.

 In addition, any through-the-hull pipes for human waste shall be fitted with valves which are  capable of being sealed shut.

ANNEX II 

COMPONENTS 

1. Ignition-protected equipment for inboard and stern drive  engines.

 2. Start-in-gear protection devices for outboard engines.

 3. Steering wheels, steering mechanisms and cable assemblies.

 4. Fuel tanks and fuel hoses.

 5. Prefabricated hatches and portlights.

ANNEX III 

DECLARATION BY THE BUILDER OR HIS AUTHORIZED REPRESENTATIVE ESTABLISHED IN THE  COMMUNITY OR THE PERSON RESPONSIBLE FOR PLACING ON THE MARKET 

(Article 4 (2) and (3))

(a) The  declaration by the builder or his authorized representative established in the Community referred  to in Article 4 (2) (partly completed craft) shall contain the following:

 - the name and address of the builder,

 - the name and address of the representative of the builder established in the Community or, if  appropriate, of the person responsible for the placing on the market,

 - a description of the partly completed craft,

 - a statement that the partly completed craft is intended to be completed by others and that it  complies with the essential requirements that apply at this stage of construction.

 (b) The declaration by the builder, his authorized representative established in the Community or  the person responsible for placing on the market referred to in Article 4 (3) (components) shall  contain the following:

 - the name and address of the builder,

 - the name and address of the representative of the builder established in the Community or, if  appropriate, of the person responsible for the placing on the market,

 - a description of the component,

 - a statement that the component complies with the relevant essential requirements.

ANNEX IV 

CE MARKING 

The CE conformity marking must consist of the initials 'CE' taking  the following form:

 >REFERENCE TO A GRAPHIC>

If the marking is reduced or enlarged, the proportions given in the above  graduated drawing must be respected.

 The various elements of the CE marking must have about the same vertical dimension, which shall not  be less than 5 mm.

 The CE marking is followed by the identification number of the notified body, if it intervenes in  the control of production, as well as by the last two figures of the year that the CE marking is  affixed.

ANNEX V 

INTERNAL PRODUCTION CONTROL (module A) 

1. The manufacturer or his authorized  representative established within the Community, who carries out the obligations laid down in point  2, ensures and declares that the products concerned satisfy the requirements of the Directive that  apply to them. The manufacturer or his authorized representative established within the Community  shall affix the CE marking to each product and draw up a written declaration of conformity (see  Annex XV).

 2. The manufacturer shall establish the technical documentation described in paragraph 3 and he or  his authorized representative established within the Community shall keep it for a period ending at  least 10 years after the last product has been manufactured at the disposal of the relevant  national authorities for inspection purposes.

 Where neither the manufacturer nor his authorized representative is established within the  Community, the obligation to keep the technical documentation available shall be the responsibility  of the person who places the product on the Community market.

 3. Technical documentation shall enable the conformity of the products with the requirements of the  Directive to be assessed. It shall, as far as relevant for such assessment, cover the design,  manufacture and operation of the product (see Annex XIII).

 4. The manufacturer or his authorized representative shall keep a copy of the declaration of  conformity with the technical documentation.

 5. The manufacturer shall take all measures necessary in order that the manufacturing process shall  ensure compliance of the manufactured products with the technical documentation referred to in  point 2 and with the requirements of the Directive that apply to them.

ANNEX VI 

INTERNAL PRODUCTION CONTROL PLUS TESTS (module Aa, option 1) 

This module  consists of module A, as referred to in Annex V, plus the following supplementary requirements:

 On one or several boats 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 according to point 3.2 of the Essential Requirements,

 - test of buoyancy characteristics according to point 3.3 of the Essential Requirements

Provisions  common to both variations

These tests or calculations or control shall be carried out on the  responsibility of a notified body chosen by the manufacturer. On the responsibility of the notified  body, the manufacturer shall affix the former's distinguishing number during the manufacturing  process.

ANNEX VII 

EC TYPE-EXAMINATION (module B) 

1. A notified body ascertains and attests that  a specimen, representative of the production envisaged, meets the provisions of the Directive that  apply to it.

 2. The application for the EC type-examination shall be lodged by the manufacturer or his  authorized representative established within the Community with a notified body of his choice.

 The application shall include:

 - the name and address of the manufacturer and, if the application is lodged by the authorized  representative, his name and address in addition,

 - a written declaration that the same application has not been lodged with any other notified  body,

 - the technical documentation, as described in point 3.

 The applicant shall place at the disposal of the notified body a specimen, representative of the  production envisaged and hereinafter called 'type' (*).

 The notified body may request further specimens if needed for carrying out the test programme.

 3. The technical documentation shall enable the conformity of the product with the requirements of  the Directive to be assessed. It shall, as far as relevant for such assessment, cover the design,  manufacture and functioning of the product (see Annex XIII).

 4. The notified body shall:

 4.1. examine the technical documentation, verify that the type has been manufactured in conformity  with the technical documentation and identify the elements which have been designed in accordance  with the relevant provisions of the standards referred to in Article 5, as well as the components  which have been designed without applying the relevant provisions of those standards;

 4.2. perform or have performed the appropriate examinations and necessary tests to check whether,  where the standards referred to in Article 5 have not been applied, the solutions adopted by the  manufacturer meet the Essential Requirements of the Directive;

 4.3. perform or have performed the appropriate examinations and necessary tests to check whether,  where the manufacturer has chosen to apply the relevant standards, these have actually been  applied;

 4.4. agree with the applicant the location where the examinations and necessary tests shall be  carried out.

 5. Where the type meets the provisions of the Directive, the notified body shall issue an EC  type-examination certificate to the applicant. The certificate shall contain the name and address  of the manufacturer, conclusions of the examination, conditions for its validity and the necessary  data for identification of the approved type.

 A list of the relevant parts of the technical documentation shall be annexed to the certificate and  a copy kept by the notified body.

 If the manufacturer is denied a type certification, the notified body shall provide detailed  reasons for such denial.

 6. The applicant shall inform the notified body that holds the technical documentation concerning  the EC type-examination certificate of all modifications to the approved product which must receive  additional approval where such changes may affect the conformity with the essential requirements or  the prescribed conditions for use of the product. This additional approval is given in the form of  an addition to the original EC type-examination certificate.

 7. Each notified body shall communicate to the other notified bodies the relevant information  concerning the EC type-examination certificates and additions issued and withdrawn.

 8. The other notified bodies may receive copies of the EC type-examination certificates and/or  their additions. The annexes to the certificates shall be kept at the disposal of the other  notified bodies.

 9. The manufacturer or his authorized representative shall keep with the technical documentation  copies of EC type-examination certificates and their additions for a period ending at least 10  years after the last product has been manufactured.

 Where neither the manufacturer nor his authorized representative is established within the  Community, the obligation to keep the technical documentation available shall be the responsibility  of the person who places the product on the Community market.

 (*) A type 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.

ANNEX VIII 

CONFORMITY TO TYPE (module C) 

1. The manufacturer or his authorized  representative established within the Community ensures and declares that the products concerned  are in conformity with the type as described in the EC type-examination certificate and satisfy the  requirements of the Directive that applies to them. The manufacturer shall affix the CE marking to  each product and draw up a written declaration of conformity (see Annex XV).

 2. The manufacturer shall take all measures necessary to ensure that the manufacturing process  assures compliance of the manufactured products with the type as described in the EC  type-examination certificate and with the requirements of the Directive that apply to them.

 3. The manufacturer or his authorized representative shall keep a copy of the declaration of  conformity for a period ending at least 10 years after the last product has been manufactured.

 Where neither the manufacturer nor his authorized representative is established within the  Community, the obligation to keep the technical documentation available shall be the responsibility  of the person who places the product on the Community market (see Annex XIII).

ANNEX IX 

PRODUCTION QUALITY ASSURANCE (module D) 

1. The manufacturer who satisfies the  obligations of point 2 ensures and declares that the products concerned are in conformity with the  type as described in the EC type-examination certificate and satisfy the requirements of the  Directive that apply to them. The manufacturer or his authorized representative established within  the Community shall affix the CE marking to each product and draw up a written declaration of  conformity (see Annex XV). The CE marking shall be accompanied by the distinguishing number of the  notified body responsible for the monitoring as specified in point 4.

 2. The manufacturer shall operate an approved quality system for production, final product  inspection and testing as specified in paragraph 3 and shall be subject to monitoring as specified  in point 4.

 3. Quality system

3.1. The manufacturer shall lodge an application for assessment of his quality  system with a notified body of his choice, for the products concerned.

 The application shall include:

 - all relevant information for the product category envisaged,

 - the documentation concerning the quality system,

 - where appropriate, the technical documentation of the approved type (see Annex XIII) and a copy  of the EC type-examination certificate.

 3.2. The quality system shall ensure compliance of the products with the type as described in the  EC type-examination certificate and with the requirements of the Directive that apply to them.

 All the elements, requirements and provisions adopted by the manufacturer shall be documented in a  systematic and orderly manner in the form of written policies, procedures and instructions. The  quality system documentation must permit a consistent interpretation of the quality programmes,  plan, manuals and records.

 It shall contain in particular an adequate description of:

 - the quality objectives and the organizational structure, responsibilities and powers of the  management with regard to product quality,

 - the manufacturing, quality control and quality assurance techniques, processes and systematic  actions that will be used,

 - the examinations and tests that will be carried out before, during and after manufacture, and the  frequency with which they will be carried out,

 - the quality records, such as inspection reports and test data, calibration data, qualification  reports of the personnel concerned, etc.,

 - the means to monitor the achievement of the required product quality and the effective operation  of the quality system.

 3.3. The notified body shall assess the quality system to determine whether it satisfies the  requirements referred to in point 3.2. It shall presume conformity with these requirements in  respect of quality systems that implement the relevant harmonized standard.

 The auditing team shall have at least one member with experience of evaluation in the product  technology concerned. The evaluation procedure shall include an inspection visit to the  manufacturer's premises.

 The decision shall be notified to the manufacturer. The notification shall contain the conclusions  of the examination and the reasoned assessment decision.

 3.4. The manufacturer shall undertake to fulfil the obligations arising out of the quality system  as approved and to uphold it so that it remains adequate and efficient.

 The manufacturer or his authorized representative shall keep the notified body that has approved  the quality system informed of any intended updating of the quality system.

 The notified body shall evaluate the modifications proposed and decide whether the amended quality  system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment  is required.

 It shall notify its decisions to the manufacturer. The notification shall contain the conclusions  of the examination and the reasoned assessment decision.

 4. Surveillance under the responsibility of the notified body

4.1. The purpose of surveillance is  to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality  system.

 4.2. The manufacturer shall allow the notified body entrance for inspection purposes to the  locations of manufacture, inspection and testing, and storage and shall provide it with all  necessary information, in particular:

 - the quality system documentation,

 - the quality records, such as inspection reports and test data, calibration data, qualification  reports of the personnel concerned, etc.

 4.3. The notified body shall periodically carry out audits to make sure that the manufacturer  maintains and applies the quality system and shall provide an audit report to the manufacturer.

 4.4. Additionally the notified body may pay unexpected visits to the manufacturer. During such  visits the notified body may carry out, or cause to be carried out, tests to verify that the  quality system is functioning correctly, if necessary. The notified body shall provide the  manufacturer with a visit report and, if a test has taken place, with a test report.

 5. The manufacturer shall, for a period ending at least 10 years after the last product has been  manufactured, keep at the disposal of the national authorities:

 - the documentation referred to in the second indent of the second subparagraph of point 3.1,

 - the updating referred to in the second subparagraph of point 3.4,

 - the decision and reports from the notified body which are referred to in the final subparagraph  of point 3.4, point 4.3 and point 4.4.

 6. Each notified body shall give the other notified bodies the relevant information concerning the  quality system approvals issued and withdrawn.

ANNEX X 

PRODUCT VERIFICATION (module F) 

1. This module describes the procedure whereby  a manufacturer or his authorized representative established within the Community checks and attests  that the products subject to the provisions of point 3 are in conformity with the type as described  in the EC type-examination certificate and satisfy the requirements of the Directive that apply to  them.

 2. The manufacturer shall take all measures necessary in order that the manufacturing process  ensures conformity of the products with the type as described in the EC type-examination  certificate and with the requirements of the Directive that apply to them. The manufacturer or his  authorized representative established within the Community shall affix the CE marking to each  product and shall draw up a declaration of conformity (see Annex XV).

 3. The notified body shall carry out the appropriate examinations and tests in order to check the  conformity of the product with the requirements of the Directive either by examination and testing  of every product as specified in point 4 or by examination and testing of products on a statistical  basis, as specified in point 5, at the choice of the manufacturer.

 3a. The manufacturer or his authorized representative shall keep a copy of the declaration of  conformity for a period ending at least 10 years after the last product has been manufactured.

 4. Verification by examination and testing of every product

4.1. All products shall be individually  examined and appropriate tests as set out in the relevant standard(s) referred to in Article 5 or  equivalent tests shall be carried out in order to verify their conformity with the type as  described in the EC type-examination certificate and the requirements of the Directive that apply  to them.

 4.2. The notified body shall affix, or cause to be affixed, its distinguishing number to each  approved product and draw up a written certificate of conformity relating to the tests carried  out.

 4.3. The manufacturer or his authorized representative shall ensure that he is able to supply the  notified body's certificates of conformity on request.

 5. Statistical verification

5.1. The manufacturer shall present his products in the form of  homogeneous lots and shall take all measures necessary in order that the manufacturing process  ensures the homogeneity of each lot produced.

 5.2. All products shall be available for verification in the form of homogeneous lots. A random  sample shall be drawn from each lot. Products in a sample shall be individually examined and  appropriate tests as set out in the relevant standard(s) referred to in Article 5, or equivalent  tests, shall be carried out to ensure their conformity with the requirements of the Directive which  apply to them and to determine whether the lot is accepted or rejected.

 5.3. The statistical procedure shall use the following elements:

 - the statistical method to be applied,

 - the sampling plan with its operational characteristics.

 5.4. In the case of accepted lots, the notified body shall affix, or cause to be affixed, its  distinguishing number to each product and shall draw up a written certificate of conformity  relating to the tests carried out. All products in the lot may be put on the market except those  products from the sample which were found not to be in conformity.

 If a lot is rejected, the notified body or the competent authority shall take appropriate measures  to prevent the putting on the market of that lot. In the event of frequent rejection of lots the  notified body may suspend the statistical verification.

 The manufacturer may, under the responsibility of the notified body, affix the latter's  distinguishing number during the manufacturing process.

 5.5. The manufacturer or his authorized representative shall ensure that he is able to supply the  notified body's certificates of conformity on request.

ANNEX XI 

UNIT VERIFICATION (module G) 

1. This module describes the procedure whereby  the manufacturer ensures and declares that the product concerned, which has been issued with the  certificate referred to in point 2, conforms to the requirements of the Directive that apply to it.  The manufacturer or his authorized representative established within the Community shall affix the  CE marking to the product and draw up a declaration of conformity (see Annex XV).

 2. The notified body shall examine the individual product and carry out the appropriate tests as  set out in the relevant standard(s) referred to in Article 5, or equivalent tests, to ensure its  conformity with the relevant requirements of the Directive.

 The notified body shall affix, or cause to be affixed, its distinguishing number on the approved  product and shall draw up a certificate of conformity concerning the tests carried out.

 3. The aim of the technical documentation is to enable conformity with the requirements of the  Directive to be assessed and the design, manufacture and operation of the product to be understood  (see Annex XIII).

ANNEX XII 

FULL QUALITY ASSURANCE (module H) 

1. This module describes the procedure  whereby the manufacturer who satisfies the obligations of paragraph 2 ensures and declares that the  products concerned satisfy the requirements of the Directive that apply to them. The manufacturer  or his authorized representative established within the Community shall affix the CE marking to  each product and draw up a written declaration of conformity (see Annex XV). The CE marking shall  be accompanied by the distinguishing number of the notified body responsible for the surveillance  as specified in point 4.

 2. The manufacturer shall operate an approved quality system for design, manufacture and final  product inspection and testing as specified in point 3 and shall be subject to surveillance as  specified in point 4.

 3. Quality system

3.1. The manufacturer shall lodge an application for assessment of his quality  system with a notified body.

 The application shall include:

 - all relevant information for the product cagetory envisaged,

 - the quality system's documentation.

 3.2. The quality system shall ensure compliance of the products with the requirements of the  Directive that apply to them.

 All the elements, requirements and provisions adopted by the manufacturer shall be documented in a  systematic and orderly manner in the form of written policies, procedures and instructions. This  quality system documentation shall ensure a common understanding of the quality policies and  procedures such as quality programmes, plans, manuals and records.

 It shall contain in particular an adequate description of:

 - the quality objectives and the organizational structure, responsibilities and powers of the  management with regard to design and product quality,

 - the technical design specifications, including standards, that will be applied and, where the  standards referred to in Article 5 will not be applied in full, the means that will be used to  ensure that the essential requirements of the Directive that apply to the products will be met,

 - the design control and design verification techniques, processes and systematic actions that will  be used when designing the products pertaining to the product category covered,

 - the corresponding manufacturing, quality control and quality assurance techniques, processes and  systematic actions that will be used,

 - the examinations and tests that will be carried out before, during and after manufacture, and the  frequency with which they will be carried out,

 - the quality records, such as inspection reports and test data, calibration data, qualification  reports of the personnel concerned, etc.,

 - the means to monitor the achievement of the required design and product quality and the effective  operation of the quality system.

 3.3. The notified body shall assess the quality system to determine whether it satisfies the  requirements referred to in point 3.2. It shall presume compliance with these requirements in  respect of quality systems that implement the relevant harmonized standard (EN 29001).

 The auditing team shall have at least one member experienced as an assessor in the product  technology concerned. The evaluation procedure shall include an assessment visit to the  manufacturer's premises.

 The decision shall be notified to the manufacturer. The notification shall contain the conclusions  of the examination and the reasoned assessment decision.

3.4. The manufacturer shall undertake to fulfil the obligations arising out of the quality system  as approved and to uphold it so that it remains adequate and efficient.

 The manufacturer or his authorized representative shall keep the notified body that has approved  the quality system informed of any intended updating of the quality system.

 The notified body shall evaluate the modifications proposed and decide whether the amended quality  system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment  is required.

 It shall notify its decision to the manufacturer. The notification shall contain the conclusions of  the examination and the reasoned assessment decision.

 4. EC surveillance under the responsibility of the notified body

4.1. The purpose of surveillance  is to make sure that the manufacturer duly fulfils the obligations arising out of the approved  quality system.

 4.2. The manufacturer shall allow the notified body entrance for inspection purposes to the  locations of design, manufacture, inspection and testing, and storage, and shall provide it with  all necessary information, in particular:

 - the quality system documentation,

 - the quality records as foreseen by the design part of the quality system, such as results of  analyses, calculations, tests, etc.,

 - the quality records as foreseen by the manufacturing part of the quality system, such as  inspection reports and test data, calibration data, qualification reports of the personnel  concerned, etc.

 4.3. The notified body shall periodically carry out audits to make sure that the manufacturer  maintains and applies the quality system and shall provide an audit report to the manufacturer.

 4.4. Additionally the notified body may pay unexpected visits to the manufacturer. At the time of  such visits, the notified body may carry out tests or have them carried out in order to check the  proper functioning of the quality system where necessary; it shall provide the manufacturer with a  visit report and, if a test has been carried out, with a test report.

 5. The manufacturer shall, for a period ending at least 10 years after the last product has been  manufactured, keep at the disposal of the national authorities:

 - the documentation referred to in the second indent of the second subparagraph of point 3.1,

 - the updating referred to in the second subparagraph of point 3.4,

 - the decisions and reports from the notified body which are referred to in the final subparagraph  of point 3.4, point 4.3 and point 4.4.

6. Each notified body shall forward to the other notified bodies the relevant information  concerning the quality system approvals issued and withdrawn.

ANNEX XIII 

TECHNICAL DOCUMENTATION SUPPLIED BY THE MANUFACTURER 

The technical  documentation referred to in Annexes V, VII, VIII, IX and XI must comprise all relevant data or  means used by the manufacturer to ensure that components or craft comply with the essential  requirements relating to them.

 The technical documentation shall enable understanding of the design, manufacture and operation of  the product, and shall enable assessment of conformity with the requirements of this Directive.

 The documentation shall contain so far as relevant for assessment:

 - a general description of the type,

 - conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits,  etc.,

 - 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 5, applied in full or in part, and descriptions of  the solutions adopted to fulfil the essential requirements when the standards referred to in  Article 5 have not been applied,

 - results of design calculations made, examinations carried out, etc.,

 - test reports, or calculations namely on stability according to point 3.2 of the Essential  Requirements and on buoyancy according to point 3.3 of the Essential Requirements.

ANNEX XIV 

MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES FOR THE  NOTIFICATION OF BODIES 

1. The body, its director and the staff responsible for carrying out the  verification tests shall not be the designer, manufacturer, supplier or installer of boat or  components which they inspect, nor the authorized representative of any of these parties. They  shall not become either involved directly or as authorized representatives in the design,  construction, marketing or maintenance of the said products. This does not preclude the possibility  of exchanges of technical information between the manufacturer and the body.

 2. The body and its staff shall carry out the verification tests with the highest degree of  professional integrity and technical competence and shall be free from all pressures and  inducements, particularly financial, which might influence their judgment or the result of the  inspection, especially from persons or groups of persons with an interest in the result of  verifications.

 3. The body shall have at its disposal the necessary staff and possess the necessary facilities to  enable it to perform properly the administrative and technical tasks connected with verification;  it shall also have access to the equipment required for special verification.

 4. The staff responsible for inspection shall have:

 - sound technical and professional training,

 - satisfactory knowledge of the requirements of the tests they carry out and adequate experience of  such tests,

 - the ability to draw up the certificates, records and reports required to authenticate the  performance of the tests.

 5. The impartiality of inspection staff shall be guaranteed. Their remuneration shall not depend on  the number of tests carried out or on the results of such tests.

 6. The body shall take out liability insurance unless its liability is assumed by the State in  accordance with national law, or the Member State itself is directly responsible for the tests.

 7. The staff of the body shall be bound to observe professional secrecy with regard to all  information gained in carrying out its tasks (except vis-à-vis the competent administrative  authorities of the State in which its activities are carried out) under the Directive or any  provision of national law giving effect to it.

ANNEX XV 

WRITTEN DECLARATION OF CONFORMITY 

1. The written declaration of conformity to  the provisions of the Directive must always accompany:

 - the recreational craft and be joined to the owner's manual (Annex I, point 2.5),

 - the components as referred to in Annex II.

 2. The written declaration of conformity shall include the following (1):

 - name and address of the manufacturer or his authorized representative established in the  Community (2),

 - description of the recreational craft (3) or of the component (3),

 - references to the relevant harmonized standards used, or references to the specifications in  relation to which conformity is declared,

 - where appropriate, reference to the EC type-examination certificate issued by a notified body,

 - where appropriate, the name and address of the notified body,

 - identification of the person empowered to sign on behalf of the manufacturer or his authorized  representative established within the Community.

 (1) and be drawn up in the language(s) as foreseen under point 2.5 of Annex I.

 (2) business name and full address; authorized representative must also give the business name and  address of the manufacturer.

 (3) description of the product make, type, serial number, where appropriate.