WRITTEN QUESTION E-2181/00

by Bertel Haarder (ELDR) to the Commission

(3 July 2000)

Subject: Authority responsible for checking recreational craft bearing CE marking

1. If a recreational craft has been built in one Member State, has been granted CE marking by an authorised body in another Member State, and is the subject of a complaint from a national of a third Member State, in that State, concerning serious structural defects in the craft, can the Commission say which authority is responsible in such circumstances and can it explain the principles which apply in that respect?

2. The Swedish maritime authorities interpret Article 7(1) of Directive 94/25/EC(1) to mean that the authorities are required to carry out checks on products only before they are placed on the market or in connection with their being placed on the market. Can the Commission confirm that this is the correct interpretation of the directive? If so, does CE marking, under those circumstances, provide consumers with the protection intended under Directive 94/25/EC?

(1) OJ L 164, 30.6.1994, p. 15.

Answer given by Mr Liikanen on behalf of the Commission

(7 September 2000)

1. In the case mentioned by the Honourable Member, the person responsible for conformity of the product to the relevant legislation is the manufacturer or his authorised representative in the Member State where the craft was placed on the market for the first time.

The principles that apply in a buyer/seller dispute about the purchase of an allegedly defective product are those pertaining to general product liability, in accordance with normal civil law procedures provided for under the contract.

In addition, if the serious structural defects mentioned by the Honourable Member are such that the craft does not meet the safety requirements provided by Directive 94/25/EC(1) of the 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 craft1, the national authority foreseen in the legislation of the Member State where the product has been placed on the market for the first time may raise a safeguard clause according to Article 7 of the Recreational craft Directive.

2. As to the second question of the Honourable Member on the interpretation of Article 7(1) of the Recreational craft Directive, the Commission confirms that the role of national market surveillance authorities, as defined in the New Approach Directives (including Directive 94/25/EC), is to carry out checks once the product has been placed on the market, but before being put into service, i.e. only at the distribution chain. Unfortunately, the word in connection with used by the Honourable Member is not precise enough to allow the Commission to decide whether or not the presented interpretation is correct.

In any case, as far as the CE marking is concerned, it is affixed by the manufacturer and symbolises the conformity of the product with the requirements imposed on the manufacturer by the Recreational craft Directive, based on Article 95 (ex Article 100a) of the EC Treaty, which provides for a high level of consumer protection.

(1) OJ L 164, 30.6.1994, p. 15.