Opinion of the Economic and Social Committee on the "Proposal for a Directive of the European Parliament and of the Council modifying Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft"

(2001/C 155/01)

On 7 November 2000 the Council decided to consult the Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for the Single Market, Production and Consumption, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 14 March 2001. The rapporteur was Mr Colombo.

At its 380th plenary session on 28 March 2001, the Economic and Social Committee adopted the following opinion by 99 votes, with one against and one abstention.

1. Background and objectives

1.1. The Commission proposal to modify Directive 94/25/EC, which became fully operational in June 1998 after a four-year transition period, is justified by the need for the design and construction of recreational craft to be subject to harmonised standards for exhaust and noise emissions from engines installed on such craft.

1.2. The proposal satisfies the guidelines proposed on environmental issues and sustainable development by the European Council in Cardiff in June 1998, which were adopted by the Industry Council of November 1999 in its report "Integrating sustainable development and industry policy".

1.3. The lack of initiatives at Community level has prompted some Member States to independently take decisions designed to incorporate a number of environmental provisions into Directive 94/25/EC. In view of this situation, a rapid process of harmonisation would seem imperative in order to prevent individual national initiatives from hindering trade and violating the principle of free movement of goods.

1.4. Although pollution caused by recreational craft represents an almost negligible proportion of total emissions, it has a significant impact on air quality in areas with high concentrations of boats because the emissions produced consist of hydrocarbons and oxides of nitrogen, which are known precursors of ozone.

1.5. The second issue addressed by the proposal, namely noise, is one of the most reported forms of pollution. Many people consider noise generated by traffic, industrial and recreational activities to be their main environmental problem. The noise produced by personal water craft (PWC) is particularly significant because of their undulating motion and the so-called practice of wave-jumping, which exacerbates the discomfort to the extent that it becomes difficult to endure.

1.6. Both factors considered also cause harm to flora and fauna when boats enter remote areas used by fish and wildlife as nesting and reproduction habitat.

1.7. The extent of the problem addressed in the Directive is significant for two reasons: firstly, in view of the large number of lakeshores and navigable rivers across the EU and in neighbouring countries (e.g. Switzerland, Liechtenstein); and secondly, the size of the pleasure craft park, which is very large in relative terms (see Table 1) and is produced by an industry that represents a considerable technological and occupational asset for the European Union, accounting for 33 % of total world output.

Table 1

Boat park in Europe 1998

>TABLE>

Source: Estimates by ICOMIA (International Council of Marine Industries Associations)

2. Commission proposal

2.1. The purpose of the Commission proposal is to amend Directive 94/25/EC, in view of the need to establish Community rules on exhaust and noise emissions for recreational craft.

2.2. The legal basis for the proposed Directive is Article 95 of the Treaty (internal market), the proposal being to guarantee a harmonised approach in the EU to the essential requirements that must be met in the manufacture of watercraft falling within the Directive's scope.

2.3. The main aim of the changes is to apply harmonised rules for exhaust and noise emissions for such watercraft, introducing a number of requirements that can be verified through conformity assessment procedures, with the ultimate objective of protecting human health, ensuring citizens' well-being and promoting the smooth functioning of the internal market by removing any obstacles to trade.

2.4. Applying requirements that are noticeably different from national rules could actually create barriers to trade and fail to ensure uniform protection of citizens' health at Community level.

2.5. The following national regulations govern exhaust and noise emissions of watercraft:

- Bodensee shipping regulation (Stage 1) of 1/1/93

- Bodensee shipping regulation (Stage 2) of 1/1/96

- State of Brandenburg regulation

- Swedish regulation currently waived in anticipation of Community legislation.

To these should be added further measures currently in preparation in other EU countries that are temporarily on hold.

These rules can only develop into a joint approach guaranteeing a uniform level of protection if they are backed by a directive that harmonises requirements relating to exhaust and noise emissions of watercraft.

2.6. The Commission proposal is the fruit of a long period of consultation of the parties concerned by the directive - Member States, industry, consumers, the CEN(1) - which submitted their comments and requests. The proposed measures - which are important for the smooth functioning of the internal market, and for the protection of human health and citizens' well-being and quality of life - thus reconcile industrial policy with protection of the environment, and come at an important stage of the "sustainable development" policy pursued in recent Community legislation.

2.7. In order to take due account of technological and design developments in the marine engines and watercraft industry, the Commission is also proposing to set up a regulatory committee which will be empowered to make any necessary change to technical aspects and to the exhaust emission limits. However, any other amendments to the Directive which alter the objective of the proposal must pass through the formal procedure provided for.

2.8. One particular feature of this Directive is the conformity assessment procedure. It should be borne in mind that the recreational boat industry is composed very largely of SMEs geared to producing small series of different models, though with similar technical features. To reduce the cost of the conformity assessment procedure, while ensuring that the requirements imposed are met, the idea of a "reference boat" system has been introduced.

2.9. A list of reference boats will be drawn up that have been inspected under ISO standard 14509 and found to comply with the stipulated requirements. The list will form the basis for a comparison, conducted on the basis of the maximum permitted deviation, with other boats produced. This will allow the industry to use an alternative conformity assessment procedure to Module Aa(2).

2.10. At a purely technical level, the Directive sets limits on exhaust emissions from engines according to nominal power for 2-stroke and 4-stroke spark ignition engines and compression ignition engines. In the case of noise emissions, the Directive sets limits on the basis of nominal power, type of engine and its installation.

2.11. The test methods are rigorously enforced in accordance with the following standards:

- ISO 8178 for exhaust emissions(3)

- ISO 14509 for noise emissions(4).

2.12. The requirements for exhaust gas emissions are clearly stated in terms of values relative to the type of propulsion, as in the following table:

Table 2

>TABLE>

Where A, B and n are constants in accordance with the table, PN is the rated engine power in kW and the exhaust emissions are measured in accordance with the harmonised standard.

2.13. Levels of noise emissions for recreational craft are also fixed in relation to engine power.

Table 3

>TABLE>

PN = rated engine power in kW at rated speed.

LpAS max = maximum sound pressure level in dB.

3. General comments

3.1. The Commission proposal goes in the direction the ESC had always hoped for, placing environmental and quality-of-life issues at the centre of all Community legislative initiatives, as a basic precondition for achieving high quality of life. Moreover, the ESC particularly appreciates the Commission's efforts to involve all the parties concerned at an early stage, with the aim of gathering and incorporating observations and reaching the best possible consensus. The ESC therefore naturally endorses the broad objectives of the proposal, though it intends to make several comments of a general nature, particularly regarding the need to protect the business of SMEs in the internal market and outside the EU.

3.2. It is necessary to standardise test procedures as far as possible and to base them on uniform methods, especially in the case of noise emissions. This means wherever possible basing tests on checks generally carried out on the manufacturer's premises. Clearly in the case of the engine/boat configuration it is easier to achieve this objective by carrying out the relevant engine checks as far as possible on the manufacturer's premises rather than on a fully equipped boat on the water. In the case of stern-drive engines (with traditional types of exhaust) it can be assumed that the noise emission characteristics of the finished boat are guaranteed if the engine has successfully completed the conformity assessment procedure and has been installed on board in accordance with the manufacturer's instructions (see "Specific comments" for details of proposed change).

3.3. The Directive requires that if a boat that is already on the market before its entry into effect replaces or substantially modifies the propulsion engine, the new noise emission requirements are applicable not just to the new engine, but also to the existing boat.

3.4. Apart from being complicated to apply for boats that have already been built, this requirement would have two counterproductive effects:

- in the case of boats already on the market with old engines that do not comply with the new exhaust emission requirements, standards would have to be applied retroactively, which is difficult to do for the whole boat, and so the owner would decide not to replace the engine but to keep it on board even in poor condition;

- such a constraint would cause serious losses for a large number of parts suppliers - engine manufacturers and on-board installation workshops - whose business normally consists in equipping boats with new engines.

3.5. Such a procedure is justified when the new engine is more powerful than the old one. However, if the power remains the same, users might choose to keep on board engines in poor condition and with high polluting potential, jeopardising their own safety and the environment. This would also hit a large part of the small-business sector, of which no less than 40 % of turnover comes from fitting new engines (see "Specific comments" for details of proposed change).

3.6. Assuming that the Directive introduces compulsory application of well-defined standards and bearing in mind that the watercraft industry consists largely of SMEs for which the cost of external certification procedures (conducted by "notified bodies") is prohibitively high, the possibility of self-assessment conformity procedures (Modules Aa and A, as applicable) should be provided for (see "Specific comments" for details of proposed change).

3.7. Such a proposal would not make the requirements less technically effective or influence whether they are met, but it would help to make their application by SMEs simpler and less expensive.

3.8. The Committee stresses the importance of keeping abreast of technological advances obtained by scientific research in the broader field of engine design and manufacture, keeping close contact with larger-scale production activities (cf. the car industry), as the engines used on boats are often only transferred to the sector at a later stage.

3.9. Bearing in mind the need for a centralised database regarding the "reference boat", the Committee hopes that measures in support of a specific programme will be envisaged in the 2002-2006 multiannual framework programme on RTD.

4. The Community legislative process and its links with world policy in the sector

4.1. The Committee agrees that it is important for the EU to rapidly acquire specific legislation on the gas and noise emissions from recreational craft, laying down harmonised conformity criteria and obligations for all Member States which will facilitate the smooth operation of the single market and help to protect public health and wellbeing.

4.2. Community legislation can provide a precise reference point not only for the applicant countries but above all for the other leading producers (USA, Japan, Australia) which still do not have specific regulations on gas and noise emissions from recreational craft.

4.3. Here the Committee would stress the importance of coordinated action by the Commission and the sector's representative organisations to ensure, in international bodies, that the future Community legislation is applied worldwide, preventing any possible obstacles to free competition.

4.4. In these international bodies, the Committee thinks that the first task is to affirm the basic principle that the increased costs which these standards will mean for the sector will be largely offset by the environmental and health benefits and by the guarantee of a level playing field for the free movement of goods. They may also encourage research schemes for increasingly "eco-compatible" engines.

5. Specific comments

5.1. As noted in the general comments above (see point 3.2), in the case of traditional stern-drive engines (i.e. with the exhaust built into the stern drive), noise emission characteristics should be guaranteed if the engine has successfully completed the conformity assessment procedure and has been installed on board in accordance with the manufacturer's instructions.

5.2. The Committee therefore proposes that the Directive be amended as follows:

- Article 1(1)(c)(iv), Annex 1C(1.1), Annex 1C2 (first and second paragraphs), Annex VIB (second paragraph): After the words "outboard engines" add "and stern-drive engines with built-in exhaust";

- Annex XV3: after "propulsion engines" add "and stern-drive engines with built-in exhaust, where the standard craft method is used".

5.3. To overcome the problems raised in the general comments (see point 3 above) regarding the fitting of new engines, a clear distinction should be made between replacement of the engine and major modifications to the craft. Whilst it is logical to demand a further verification when a major modification is made, replacement of the engine should not require further conformity assessment procedures for noise emissions.

5.4. The Committee therefore proposes that in the second indent of Article 1(3)(e), the words "or the replacement of the propulsion engine by a different type or size of engine" be deleted.

5.5. As most manufacturers in this sector are SMEs for whom the cost of the notified-body certification procedures is excessive, the Committee proposes the use of simpler conformity assessment modules.

5.6. The Committee therefore proposes that:

- Article 8(3)(a): for exhaust emissions, Module Aa could also be used when the harmonised standard is applied, by adding the following: "when the harmonised standard referred to in section 2 of Annex IB is applied: internal production control plus tests (Module Aa) as provided in Annex VI".

- Annex VIII (Module C), new paragraph 4: The new paragraph on the verification of exhaust emission requirements should be deleted. Module C spot checks are not required under other directives nor under Directive 97/68/EC.

Brussels, 28 March 2001.

The President

of the Economic and Social Committee

Göke Frerichs

(1) European Committee for standardisation.

(2) Internal production control plus tests (Annex VI of the Directive).

(3) Standard for measuring gas emissions from internal combustion engines.

(4) Standard for measuring noise emissions from internal combustion engines.