Proposal for a COUNCIL DIRECTIVE on the approximation of the laws, regulations and administrative provisions of the Member States relating to RECREATIONAL CRAFT
Date: 1992-04-15
Institutions: European Commission
Subjects: European standard, approximation of laws, free movement of goods, pleasure craft, safety standard, technical specification

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(92)141  final- SYN 410 

Brussels,15  April 1992 

Proposal  for a 

COUNCIL  DIRECTIVE 

on the approximation of the laws, 

regulations and administrative  provisions 

of the 

Member  States 

relating to 

RECREATIONAL  CRAFT 

(presented  by the Commission) 

ti&-

Iff 

ft 

Hi 

ssfc 

-  1 -

I. Explanatory  memorandum 

1. Background  and origin of  the proposal 

Between  1970  and  1982,  the  Commission  attempted  to  draw  up  a  draft 
directive  (doc.  111/308/81) for  the  approximation of  legislation  on  the 
hulls  of  recreational  craft.  However,  this  attempt  was  abandoned  owing 
to divergent  views on  the construction  principles. 

The situation  in the Member  States  is characterized  by  the  following: 

-  regulat ions:  technical  rules  based  on  national  legislation  involving 
type-approval  in  France  and  Italy  result  in  obstacles  to  trade  and 
higher  production  costs  (only  the  largest  undertakings  persisted  in 
trying  to overcome  these  difficulties); 

-  standards:  in other  Member  States,  national  standards  not  backed  by 
national  legislation  create no obstacles  to trade but,  since  they  are 
not  obligatory,  they  present  no  guarantee  of  protection  against  the 
production  and  placing  on  the  market  of  potentially  dangerous 
products. 

In  view  of  the  potential  benefits  of  the  single  market  and  the 
advantages  of  improving  the  safety  of  recreational  craft  and  their 
components,  the  representatives  of  the  European  industry  organized  in 
ICOMIA  (International  Council  of Marine  Industry Associations) asked  the 
Commission  to  put  to  the  Council  a  directive  based  on  Article  100a  of 
the Treaty  on  the safety of  recreational  craft. 

The  background  to  this  request  was  in particular  the  work  begun  in  the 
1980s on  a  large  number  of  standards  (about  50)  in  the  framework  of  the 
ISO**)  (TC  188),  in  which  industry  from  the  Member  States,  the  EFTA 
countries  and  the USA  in particular  was  involved. 

As  the  other  means  of  harmonization  did  not  appear  suitable,  the 
Commission  has  prepared  a  draft  directive  in  close  collaboration  with 
industry, particularly  in respect  of  the essential  requirements, and  has 
consulted  the  national  administrations  and  professional 
circles 
concerned. 

(*) 

International  Organization  for  Standardization 

/ul/gaboh/LC/NO/mot-EN - 18/3/92 

- 2 -

2. Consultations 

National  experts,  representatives  of  the  industry,  the  boat  users 
(European  Boating  Association)  and  classification  societies  were 
consulted  in depth. 

The  proposal  was on the whole  welcomed  by all  the experts  representing 
the  above  groups.  It has been  supplemented  and  amended  following  the 
three  consultation  meetings  held  in  1990. On  a  general  level,  the 
preparatory  work  produced a consensus on the value of this  intitiative. 

3. Risks covered and essential  requirements 

Apart  from  two essential  requirements  concerning  identification  of the 
craft  and  the  manufacturer,  the  risks  covered  and  the  essential 
requirements  have been grouped as follows: 

-  risks relating  to use,  in particular  at sea 

*  falIing overboard 
*  structure, stability, buoyancy 
*  openings, drainage 
*  capacity 
*  compartmenta Iization 
*  rescue, towing, mooring 

-  performance 
-  safety of the propulsion  system 
-  safety of the fuel  system 
-  safety of the electrical  system 
-  safety of the steering  system 
-  fire protection,  in particular  gas appliances 

lights. 

4.  Implementation 

It  is estimated  that  it will  take  about  two years  from  adoption of the 
directive  by  the  Council  before  all  the  standards  necessary  for  its 
application  are available; the planned  implementation  date  is therefore 
1 July 1995. 

/ul/gobohAG/NO/mot-EN -  18/3/92 

Proposal for a 

CounciI DIrect i ve 

of 

on the approximation of the laws, 

regulations and administrative provisions 

of the 

Member  States 

relating to 

RECREATIONAL CRAFT 

The Council of the European Communities, 

Having  regard  to the Treaty  establishing  the European  Economic  Community, 

and  in  particular  Article 100A thereof, 

Having  regard  to the proposal  from the Commission,  in cooperation  with the 

European Parliament. 

Having  regard  to the opinion of the Economic and Social  Committee, 

Having  regard  to the Council's decision of 13 December  1990 concerning the 

modules  for  the  various  phases  of  the  conformity  assessment  procedures 
which are intended to be used  in technical  harmonization directives*1) 

Whereas the laws, regulations and administrative provisions  in force  in the 

various  Members  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. 

(1) OJ L 380, 31.12.1990, p. 13 

/ul/goboh/LG/NO/4002-EN  -  16 Morch. 1992. 

- 2 -

Whereas  the minimum  length  of  recreational  craft  should  be  2.5 m,  since 

craft  under  this  length cannot be considered  as recreational  craft; whereas 
the  maximum  length  of 24 m  for  recreational  craft  is derived  from  IMO*2) 
conventions and  ISO*3) 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 

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  100 A  foresees  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  and  their  components  as  referred  to  in Annex  II  when  separate  and 

when  installed must  comply; 

Whereas,  as  a  basis  for  the  harmonized  standards  or  other  technical 

specification  at  European  level,  concrete  form  must  be  given  to  the 

essential  requirements  at a technical  level; 

Whereas  these  essential  requirements  provide  the basis  for the preparation 

of  harmonized  standards  at  European  level  on  recreational  craft  and  their 

components;  whereas,  to  remove  technical  barriers  to  trade  and  to  ensure 

market  transparency,  harmonized  standards  should be established; 

Whereas  recreational  craft  and components  thereof  are  presumed  to conform 

to  the  essential  requirements  of  the  Directive  if  they  conform  to 

harmonized  standards; 

(2)  International  Mar itime Organization 

(3) International  Organization  for Standardization 

/u1/gaboh/LG/NO/4002-EN  -  18 March. 1992. 

3 -

Whereas  recreational  craft  considered  fit  for  use  are  easily  recognizable 

by  the EC mark; whereas  they must  be allowed  free movement  and  free  taking 

into use  for  their  intended  purpose  throughout  the  Community; 

Whereas  the  responsibility  of  the  Member  States  for  safety,  and  other 

matters  covered  by  the essential  requirements  on  their  territory  should  be 

recognized  in  a  safeguard  clause  providing  for  appropriate  Community 

protective measures; 

Whereas  the  Standing  Committee  set  up  under  Council  Directive  83/189 

EEC*4)  of  March  1983,  as  last  amended  by  Directive  88/182  EEC*5) 

constitues  an  appropriate  forum  for  the  delivery  of  opinions  on  matters 

referred  to  in this directive; 

(4) OJ  L 109, 26.4.1983, p. 8. 

(5) OJ L  89, 26.3.1988, p. 75. 

/ul/gobah/LG/NO/4002-EN  -  18 March. 1992. 

- 4 -

Whereas  compliance  with  the  technical  requirements  must  be  monitored  in 

order  to  ensure  adequate  user  and  third-party  safety;  whereas  existing 

monitoring  procedures  may  differ  appreciably  from  one  Member  State  to 

another; whereas, in order to avoid numerous checks which merely  impede the 

free movement  of  boats  and of  their  components, provision  should  be made 

for  the  mutual  recognition  of  the  inspections  conducted  by  the  Member 

States; whereas,  in order  to facilitate such  recognition,  it  is necessary 

to lay down harmonized Community procedure and to harmonize the criteria to 

be taken  into account  in selecting  the bodies responsible  for examination, 

monitoring and verification; 

Whereas  the  internal  production  control  (module  A)  including  the written 

declaration  of  conformity  by  the  manufacturer,  the  estabI ishement  of  the 

technical  documentation  and  the  inspections  by  the  relevant  national 

authorities seems to be adequate  for  the assesment of  conformity  of boats 

under  6 m  length of  the hull, whereas  this procedure  should  be reinforced 

by one or  two test or equivalent  calculation on boat(s) representative of 

the production of a manufacturer  when  it reaches a certain number of units 

during a certain period, whereas  the same procedure should  apply  to boats 

between 6 and 12 m  length of the hull, whereas the assesment  of conformity 

of  boats  from  12  to 24 m  length of  the hull  and  of  components  should  be 

left open between several given modules; 

Whereas  the  internal  market  shall  comprise  an  area  without  internal 

frontiers  in  which  the  free  movement  of  goods,  persons,  services  and 

capital  is ensured; 

HAS ADOPTED THIS DIRECTIVE 

/ul/gobohAC/NO/4002-EN  -  13 March. 1992. 

- 5 -

CHAPTER 1 

Scope, marketing  and free  movement 

Article 1 

1. 

This  Directive  applies  to  recreational 

craft  of  all  types, 

regardless  of  the means  of  propulsion,  from  2.5  to 24 m  length of 

the  hull,  measured  according  to the appropiate  harmonized  standard. 

This directive  shall  also  apply  to components  referred  to in Annex  II 

when  separate and when  installed. 

2. 

A  recreational  craft  shall  mean  any boat  intended  for  recreational 

purposes,  within  the  scope  of  this  Directive.  This  include  those 

used  for charter  or for recreational  boating  training . 

3. 

The following are excluded  from  the scope of this  directive : 

-  craft  intended  solely  for racing  including  rowing  racing  boats and 

so  labelled by the manufacturer, 

-  canoes and kayaks, 

-  sailing  surfboards, 

-  powered  surfboards,  personal  watercraft  and other  similar  craft, 

-  individual  replicas  of  historic  craft  so  labelled  by  the 

manufacturer, 

-  experimental  craft, 

-  craft  with  crew and carrying  passengers  for commercial  purposes, 

- 

- 

- 

submersibles, 

air  cushion  vehicles, 

hydrofoils. 

/u1/gobohAC/NO/4002-EN 

-  13  March.  1992. 

- 6 -

Artigle ? 

1. 

Member  States shall  take all  necessary  measures  to ensure  that  the 

products referred to in Article 1 may be placed on the market and put 

into  use  only  if  they  do  not  endanger  the  safety  of  persons  and 

property when they are taken  into use for their  intended purpose. 

2. 

The  provisions  of  the  present  directive  do  not  exclude  the 

possibility that  the Council  adopts others provisions concerning the 

navigation  on  certain  waters,  provided  this  does  not  lead  to 

modifications  to  the  construction  of  craft,  as  foreseen  by  the 

present directive. 

Article 3 

The products referred to in Article 1 shall meet the essential safety 

requirements as in Annex I. 

Article 4 

1. 

Member  States shall  not prohibit, restrict or  impede  the placing on 

the  market  or  puting  into use  in  their  territory  of  the  products 

referred to in Article 1 which meet the provisions of this Directive. 

2. 

Member  States shall not prohibit, restrict or  impede  the placing on 

the market or puting  into use of components as referred  to  in Annex 

II when separate and when  installed  which are  intended, according to 

the declaration of the manufacturer or his  authorized representative 

established  in  the  Community  referred  to  in  Annex  ill,  to  be 

incorporated  in recreational craft referred to in Article 1. 

/ul/gobohAC/MO/4002-CN. - 24 February. 1992. 

- 7 -

Article 5 

Member  States  shall  presume  that  the products  referred  to  in Article  1, 

which  meet  the harmonized  standards,  reference  to which  has been  published 

in  the  Official  Journal  of  the  European  Communities  comply  with  the 

essential  requirements  referred  to in Article 3. 

Member  States  shall  publish  the  references  of  the  national  standards 

transposing  the harmonized  standards. 

Art icle 6 

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  the Directive  83/189 

EEC  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. 

Art icle 7 

Where  a Member  State  ascertains  that  recreational  craft  referred to 

in  Article  1  bearing  the  CE  mark  referred  to  in  Annex  IV or 

constituent  products  thereof  and  used  for  their  proper  use may 

endanger  the  safety  of  persons  and  property,  it  shall  take  all 

necessary  measures  to withdraw  them  from  the market,  prohibit  use 

thereof  and restrict  free movement  thereof. 

/u1/goboh/lG/N0/4002-EN  - 24 Februory. 1982. 

- 8 -

The  Member  State  shall  immediately  inform  the Commission  of any such 

measure,  indicating  the reasons  for its decision  and, in particular, 

where  the non-conformity  is due to: 

(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 it is claimed  that  the standards  have  been 

applied; 

(c) 

shortcomings  in  the  standards  referred  to  in  Article 5 

themseIves 

These  measures  are applicable  until  the entry  into  force  of the act 

provided  for in paragraph 2. 

The  measures  adopted  under  paragraph  1  shall  be  confirmed  and 

extended,  possibly  amended,  to the whole  Community  or  repealed  by an 

act of the Commission. 

However,  where  the measures  were  adopted  under  paragraph  1 on the 

ground  of a  shortcoming  in the standards  provided  for  in Article 5, 

the  procedure  laid  down  in Article 6  is applicable. 

3. 

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

bears  the EC mark,  the competent  Member  State  shall  take  appropriate 

action  against  whomsoever  has affixed  the mark  and 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. 

/ul/gaboh/LG/NO/4002-EN  -  18 Morch. 1992. 

- 9 -

CHAPTER  I I 

Conformity  assesment 

Art icle 8 

Before  producing  and placing  recreational  craft  under  the scope  of this 
directive  or  their  components  on the market,  the manufacturer  or his 
authorized  representative  established  in the Community  shall  fulfill the 
following procedures : 

-  for boats of less than 6 m  lengh of the hull  and a total  production by a 
manufacturer  of 20 boats  or  less per year  : the internal  production 
control  (module  A),  referred to  in annex V 

-  for boats of less than 6 m  lengh of the hull  and a total  production by a 

manufacturer of more  than 20 boats per  year, 

and  for all  boats  from  6 to 12 m  lengh  of the hull 
the internal 
production  control  plus  test  (module Aa. option 1) referred to in annex 
VI. 

-  for all boats  from  12 to 24 m  lengh of the hull  and for components 
referred  to in Annex  II when  separate  and  when  installed  the following 
modules(s) 

Either :  The EC type  examination  (module B)  referred  to in annex  VII 

followed by one of the following modules : 

-  conformity to type  (module C) referred to in annex  VI 11 

or 

-  production  quality assurance  (module D) referred to in annex 

IX 
or 

/ul/gaboh/UG/NO/4002-EN  - 24 February. 1992. 

- 10 -

-  product  verification  (module F) referred  to in annex X 

Or  : 

one of the modules G or H : 

G  : unit  verification  referred  to in annex XI 

H  : full  quality  assurance  referred  to in annex 

XII 

Article 9 

1. Each  Member  State  shall  notify  to  the  Commission,  which  informs  the 

Member  States,  the  bodies  responsible  for  the  execution  of  the 

conformity  assesment  in the conformity  assesment  procedures  referred to 

in article 8.  For information  purposes, the Commission  shall  publish in 

the  Official  Journal  of the European  Communities  and keep  up to date a 

list  giving  the names of these  bodies and their  distinguishing  number. 

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 

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. 

/u1/gobah/LG/N0/4002-EN  - 24 February. 1992. 

-  11 -

CHAPTER  III 

CE  Mark 

Article 10 

1. The CE mark  of conformity  with  the provisions  of  this  Directive  and as 

set  out  in Annex  IV shall  be  affixed  or  marked  on  each  component  as 

referred  to in Annex  II or boat  as to be visible,  legible and indelible. 

2. Marks or  inscriptions which  could be confused  with  the CE mark  as far as 

its  meaning  or  graph ism are concerned  may not be affixed  to  components 

or  boats under  this  directive. 

/ul/gobohAC/MO/4002-EN  -  13 Morch. 1992. 

- 12 -

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 use of recreational 

craft.  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. 

A r t i c le 13 

1. 

Member  States  shall  adopt  and  publish  the  laws,  regulations  and 

administrative provisions necessary  to comply with the provisions of 

this Directive at the latest on the 31st of December  1994. They shall 

forthwith  inform the Commission thereof. 

/u 1/gobohAC/HO/4002-CN  - 24 February. 1992. 

- 13 

They  shall  apply  the  above  mentionned  laws,  regulations  and 

administrative  provisions, on the 1st of July 1995. 

In  adopting  these  provisions,  the Member  States  will  give  reference 

to  the  present  directive  or  make  such  a  reference  within  their 

official  publications.  The way this  reference  is made,  is a  matter 

for  the Member  States. 

2. 

Member  States  shall  communicate  to the Commission  the texts  of the 

provisions of national  law which  they  adopt  in the field  governed by 

this Directive. 

Article 14 

This Directive  is addressed  to the Member  States 

Done at Brussels,  For the Council 

The President 

/u1/gobah/LC/NO/4002-EN  - 24 February. 1992. 

-  14 -

Annex I 

ESSENTIAL SAFETY  REQUIREMENTS 

FOR 

THE DESIGN AND CONSTRUCTION 

OF 

RECREATIONAL  CRAFT 

1. 

GENERAL 

1.1  Boat  usage group : 

A. Suitable  for extended  voyages on craft  largely  self-sufficient. 

B. Suitable  for offshore and coastal  voyages; 

C. Suitable  for  short  voyages  in  coastal  waters,  bays,  estuaries, 

large rivers and  large  lakes. 

D. Suitable  for  voyages on small  river, small  lakes and canals; 

1.2  Definit ions : 

Rowing boat  : a  rowing  boat  is  a  craft  whose  primary  means  of 

propulsion  are oars. 

Sailboat  : 

a sailboat  is a craft whose primary  means of  propulsion 

is saiI, 

Motorboat  :  a  motorboat  is  a  craft  whose  primary  means  of 

propulsion  is engine power. 

/ul/gabah/LG/NO/4002-EN  - 24 February. 1992. 

-  15 -

2. GENERAL  REQUIREMENTS 

2.1.  Boat  identification 

Each  craft  shall  be  marked  with  a  Hull  Identification  Number 

including  the following  information : 

-  manufacturer's  code 

-  country of manufacture 

-  unique  serial  number 

-  month  and year of production 

-  model  year. 

The  detail  requirements  shall  be  in  accordance  with  the  relevant 

harmonized  standard. 

2.2.  BuiIder's  plate 

Each  craft  shall  carry a permanently  affixed  plate  mounted  separately 

from  the  boat  Hull  Identification  Number  containing  at  least  the 

following  information : 

-  manufacturer's  name 

-  boat  usage  group  according  to sect. 1.1 

-  maximum  load 

-  number  of  persons  which  the  boat  is  designed  to  carry  when 

underway. 

Craft  fitted  with  or  intended  to be  used  with  outboard  engine(s) 

shall  display  the additional  information : 

-  maximum  rated  engine  power  for which  the boat  is designed. 

/u1/gobah/LG/NO/4002-EN  -  13 March. 1992. 

- 16 -

2.3.  Protection  from  falling  overboard  and means of recovery 

Depending on the boat  usage  group 

2.3.1  Working  surfaces,  toerails,  safety  rails  and  grabrails  shall  be 

designed  to minimize  the risks of falling  overboard and 

2.3.2  the boat  shall  be designed or equipped  to enable  reboarding. 

2.4.  Visibility  from  the main  steering  position 

2.4.1  For motor  boats,  the main  steering  position  shall  give  the operator, 

under  the normal  conditions of speed  and load,  good  direct  visibility 

forward  and  to  the  side,  whilst  operating  throttle,  gear,  and 

steer ing  controls. 

2.4.2  Provision  shall  also be made  for reasonable  visibility  astern. 

2.5.  Owner's manual 

All  craft  shall  be provided  with  an owner's manual  in the  ianguage(s) 

of  the country  in which  it  is marketed.  This  owner's  manual  should 

draw  particular  attention  to the risks of fire and flooding. 

3. 

INTEGRITY,  STRUCTURAL  REQUIREMENTS 

3.1.  Structure 

The  choice  and  combinaison  of  materials  and  its construction  shall 

ensure  that  the craft  is strong  enough  in all  respects  considering 

boat  usage  group  according  to  section  1.1. ,  and  boat  definition 

according  to  section  1.2,  for  its  intended  purpose  and  intended 

loadings. 

/u1/goboh/LG/N0/4002-EN  -  13 March. 1992. 

- 17 -

3.2.  StabiIitv 

The  craft  shall  have sufficient  stability  considering  its boat  usage 

group  according  to  sect  1.1, boat  definition  according  to  section 

1.2, and its intended  purpose and its intended  loadings. 

3.3 

Buoyancy 

The  craft  shall  be  constructed  to  ensure  that  it  has  buoyancy 

characteristics  appropriate  to  its  size  and  considering  its  boat 

usage  group  according  to section  1.1, boat  definition  according  to 

section  1.2, and its intended purpose and its intended  loadings. 

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. 

Windows,  port lights,  doors  and  hatches  shall  withstand  the  water 

pressure  likely to be encountered  in their  specific position, as well 

as point loads applied by the weight of persons moving on deck; 

Through  hull  fittings  below  its static  flotation  plane,  designed  to 

allow  water  passage  through  the hull,  shall  be  fitted  with  shut-off 

means  which  shall  be  readily  accessible,  except  where  a  pipe  of a 

strength  equivalent  to that of the hull  is fitted  and extends  above 

static  flotation plane. 

/u1/gobohAC/NO/4002-EN  -  13 Morch. 1992. 

- 18 -

3.5.  Cockpits and we I Is 

Depending  on  boat  usage  group  according  to  paragraph  1.1,  the  boat 

shall  either  : 

-  be self-draining or 

-  have buoyant  elements  according  to paragraph  3.3 or 

-  have other  means of  keeping  the water  out  of  the boat  interior. 

3.6.  Removal  of water 

All  craft  suceptible  to  flooding  shall  be  fitted  with  a  means  of 

removing  water  from  the craft. 

3.7.  Carrying  capacity 

The  maximum  load  for  which  the  boat  is  designed  and  the  maximum 

number  of  persons  on  board  when  underway,  for  which  the  boat  is 

designed,  as marked  on  the builder's plate, shall  be set  according  to 

the stability,  section  3.2, buoyancy,  section  3.3  and  shall  take  into 

account  the  boat  usage  group  according  to  section  1.1  and  its 

definition  according  to section  1.2. 

3.8.  Compartmentat ion 

All  boats  should  be  comparmented  according  to  their  usage  group, 

paying  special  attention  to collision bulkheads. 

3.9.  Liferaft  stowage 

All  boats  should  be  provided  with  a  stowage  for  a  liferaft  if  the 

usage  group  demands  it. The  stowage  shall  be easily  accessible  at all 

times,  including  the case of  a capsized  multihull. 

/u1/goboh/LG/N0/4002-EN  - 24 February, 1992. 

- 19 -

3.10.  Escape  hatches  for multihulls 

All  habitable  multihull  craft  shall  be  fitted  with  escape  hatches 

than can allow  escape  from a capsized  multihull  craft. 

3.11. Mooring and towing 

All  craft,  taking 

into  account 

their  usage  group  and  their 

characteristics  should  be provided  with  arrangements  for stowage and 

usage of mooring  ropes or cables. 

All  craft  shall  be fitted  with  a means of towing  the craft. 

4. 

PERFORMANCE 

The  manufacturer  shall  ensure  that  the  boat  is  capable  of  being 

properly  handled  with  the most  powerful  engine  for which  the boat  is 

designed  and constructed.  The engine  power  shall  be  in  accordance 

with  the appropriate  harmonized  standard. 

/ul/gaboh/LG/NO/4002-EN  - 24 February. 1992. 

- 20 -

5. 

INSTALLATION  REQUIREMENTS 

5.1.  Propulsion  system 

5.1.1  General 

All  inboard  mounted  engines  shall  be  placed  within  an  enclosure 

separated  from  living quarters.  The craft  shall  be so constructed as 

to minimise  hazard  in the living  quarters  from  fumes, heat, noise and 

vibrations. 

Engine  parts  and accessories  that  require  frequent  inspection  and/or 

servicing  shall  be readily  accessible. 

The  insulating  materials  inside  engine  spaces  prevent  the fire  from 

spreading. 

5.1.2  Ventilation 

The engine  compartment  shall  be suitably  ventilated,  depending on the 

equipment  inside  and  considering  both  the  temperature  requirements 

and  the air consumption  of the engine(s),  as specified  by the engine 

manufacturer. 

5.1.3  Exposed  parts 

Unless  the engine(s)  is protected  by a  cover  or  its own enclosure, 

exposed  moving  or  hot  parts  of  the  engine  shall  be  effectively 

shielded 

5.1.4  Outboard  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 N of  static  thrust  or a 

power of x kw 

b) when  the engine  has a throttle  limiting  device  to  limit  thrust  to 

500 N or a power of x kw at the time of starting  the engine. 

/u1/gobohAC/NO/4002-EN  - 24 February, 1992. 

-  21  -

5.2 

Fuel  systems 

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  shall  be  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. 

Unless  fully  isolated  from  the  engine  compartment  and  any  source  of 

ignition,  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) separate  from  the  engine  compartment  unless  all  electrical 

components  contained  within  it are  ignition-protected, 

b) separate  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 

5.3.1  General 

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. 

/ul/gobohAC/NO/4002-EN  - 24 Februory. 1992. 

- 22 -

Attention  shall  be  paid  to  the  provision  of  overload  and  short 

circuit  protection  of all circuits,  except  engine  starting  circuits, 

supplied  from  batteries. 

Adequate  ventilation  shall  be provided  to minimise  the  accumulation 

of gas which  might  be emitted  from  batteries. 

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  normal 

operating  conditions. 

5.4.2  Emergency  arrangements 

Single-engined  inboard  boats  with  remote-controlled  rudder  steering 

systems  and  sailboats  without  auxiliary  engines  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.  Materials  and  components  shall  be  suitable  for the 

specific  gas  used  and  designed  to  withstand  the  stresses  and 

exposures  found  in marine  environment. 

/u1/gabah/LG/NO/4002-EN  - 24 February. 1992. 

-  23 -

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 

branch must  be controlled  by a separate closing  device. 

Gas bottles shall  be stored  in an enclosure  separated  from  the  living 

quarters,  and  ventilated  to  the  outside  so  that  the  gas  drains 

overboard  unless  the  bottle  contains  less  than  3 kg  of  liquid  gas 

and  is directly  attached  to  the  appliance  with  no  weight  bearing  on 

the gas connection. The 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. 

Attention  shall  be paid  to the surroudings of open  flame devices. 

5.6.2  Fire-fighting  equipment 

Craft  shall  be  supplied  with  fire-fighting  equipment  suitable  for 

their  size  and  boat  usage  group.  Number,  size  and  distribution  of 

extinguishers  shall  take  account  of  the  type  and  number  of  the 

propulsion  units,  the  size of  engine  spaces,  and  any  equipment  which 

may present  a fire risk. 

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 boat. 

5.7.  Navigat ion  Iights 

Provisions  shall  be  made  for  the  fitting  of  navigation  lights  when 

required. 

/ul/goboh/LG/NO/4002-EN  - 24 Februory,  1992. 

- 24 -

COMPONENTS 

ANNEX I 

1. Ignition protection for  inboard and sterndrive engines. 

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

3. Steering wheels, steering mechanisms and cable assemblies. 

4  Fuel tanks and fuel hoses. 

5. Ignition-protected components sited  in engine and fuel  spaces when fuel 

of a flash point  less than 55 degrees centigrade  is used. 

6. Prefabricated hatches and port lights. 

/u1/gobahAG/N0/4002-EM  -  13 Morch. 1992. 

- 25 -

ANNEX  I I I 

DECLARATION OF THE MANUFACTURER  OR HIS AUTHORIZED 

REPRESENTATIVE 

ESTABLISHED  IN THE COMMUNITY  (ARTICLE 4(2). 

The  declaration  of  the  manufacturer  referred  to  in  Aticle  4(2)  shall 

contain the following : 

-  name  and  address  of  the manufacturer  or  his authorized  representative 

established  in the Community; 

-  description of the components as referred  to in Annex II; 

-  statement  that  the  sale  of  the  recreational  craft  in  which  the 

components  are to be  incorporated  is prohibited  until  the  recreational 

craft  has been  declared  to conform  to the provisions of the Directive; 

-  name and address of the person  signing. 

/ul/goboh/LG/NO/4002-EN  -  13 March. 1992. 

- 26 -

ANNEX IV 

CE MARK OF CONFORMITY 

The CE mark of conformity  consists of the initials "CE" as shown  below 

CE 

These  initials shall  consist of a semi-circular  letters.  The length of the 

bar  inside  the  "E" shall  be  at  least  80 %  of  the  outer  radius  of the 

semicircle. 

The  thickness  of  the  letters  must  be at  least  one fifth  of  the height of 

the CE mark. 

The  various  elements  of  the CE  mark  must  have  about  the  same  vertical 

dimension, which  shall  not be  less than 5 mm. 

The CE mark  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 mark  is affixed. 

/ul/gabah/LG/NO/4002-EN  -  18 March, 1992. 

- 27 -

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  shall  affix  the CE mark 

to each product and draw up a written declaration of conformity. 

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  responsabiIity  of  the  person  who 

places the product on the Community market. 

/u1/gaboh/LG/NO/4002-EN  - 24 February. 1992. 

- 28 -

3. 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 

operation of the product,  (see annex XI11). 

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. 

/u 1/gobahAC/NO/4002-EN  - 24 February. 1992. 

- 29 -

ANNEX VI 

INTERNAL PRODUCTION CONTROL, PLUS TESTS 

(Module Aa,opt ion 1) 

1. This  module  consists  of  module  A,  as  referred  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. 

These  tests  or  calculations  or  control  shall  be  carried  out  on  the 

responsabiIity  of  a  notified  body  chosen  by  the  manufacturer. On  the 

responsabiMty  of  the notified  body,  the manufacturer  shall  affix  the 

former's distinguish number during the manufacturing process. 

/u1/gobohAC/MO/4002-EN  - 24 February. 1992. 

- 30 -

Annex  VI I 

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 
cal led "type,,(*>. 

The  notified  body  may request  further  specimens  if needed  for  carrying 

out  the test  programme. 

(*) 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. 

/ul/gobohAC/NO/4002-EN  - 24 February. 1992. 

-  31  -

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  functionning 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. 

/ul/goboh/LG/NO/4002-EN  - 24 February. 1992. 

- 32 -

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  types  examination  certificate  of  ail 

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  ten 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. 

/u 1/gabohAC/NO/4002-EN  - 24 Februory. 1992. 

- 33 -

Annex VI11 

CONFORMITY TO TYPE 

(mpdule 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 mark  to each product and 

draw up a written declaration of conformity. 

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  ten  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). 

/ul/gabohAC/NO/4002-EN  - 24 February. 1992. 

-  34 

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 

shall  affix  the  CE  mark  to  each  product  and  draw  up  a  written 

declaration  of  conformity.  The  CE  mark  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. 

Qua Iity  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; 

-  the  technical  documentation  of  the  approved  type  (see  annex  XIII) 

and  a copy  to the EC  type-examination certificate. 

/u1/gaboh/LG/NO/4002-EN  -  16 March. 1992. 

-  35  -

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  qua Iity; 

-  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 

carrled  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. 

/ul/gabohAG/NO/4002-EN  -  16 Morch. 1992. 

-  36  -

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 prargraph  3.2  or  whether  a  re-assessment 

is required. 

It  shall  notify  its  decisions  to  the  manufacturer.  The  notification 

shall  contain  the  conclusions  of  the  examination  and  the  reasoned 

assessment  decision. 

/ul/gobohAG/MO/4002-EN  -  1« Morch. 1992. 

- 37 -

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. 

/ul/goboh/lC/NO/4002-EN  -  16 March. 1992. 

- 38 -

5. 

The manufacturer  shall,  for a period  ending  at  least  ten 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 point 3.1; 

-  the updating  referred  to in the second  paragraph  of point 3.4; 

-  the decision  and reports  from  the notified  body  which  are referred to 

in the final  paragraph 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. 

/u1/gobohAG/N0/4002-EN  - 24 February. 1992. 

-  39 -

PRODUCT VERIFICATION 

(module  F) 

Annex X 

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.  He  shall  affix 

the  CE  mark  to  each  product  and  shall  draw  up  a  declaration  of 

conformity. 

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. 

3.a.  The  manufacturer  or  his  authorized  representative  shall  keep  a  copy 

of  the  declaration  of  conformity  for  a  period  ending  at  least  ten 

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 

/ul/gaboh/LG/NO/4002-EN  - 24 February. 1992. 

- 40 -

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. 

/ul/gaboh/LC/NO/4002-EN  - 24 February. 1992. 

- 41 -

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. 

/ul/goboh/LC/NO/4002-EN  -  16 Morch. 1992. 

- 42 -

UNIT  VERIFICATION 

(module G) 

Annex XI 

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  shall  affix  the CE mark to 

the product  and draw up a declaration of conformity. 

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 notifed  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). 

/u1/gaboh/LG/N0/4002-EN  - 24 February. 1992. 

- 43 -

Annex  XI I 

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  shall  affix  the CE  mark  to  each 

product  and draw up a written  declaration  of conformity. The CE mark 

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. 

Qua Iity  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  category  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 

/ul/gaboh/LG/NO/4002-EN  - 24 February. 1992. 

- 44 -

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 wi l"l 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. 

/u1/goboh/LG/N0/4002-EN  - 24 February, 1992. 

- 45 -

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 re-assessment 

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. 

/u1/gobohAC/N0/4002-EN 

-  24  February.  1992. 

- 46 -

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  ten 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. 

/ul/goboh/lG/NO/4002-EN  -  16 March. 1992. 

- 47 -

6. Each  notified  body  shall  forward  to  the  other  notified  bodies  the 

relevant  information  concerning  the quality  system  approvals  issued and 

withdrawn. 

/ul/gobohAC/NO/4002-EN  - 24 February.  1992. 

- 48 -

ANNEX  XIII 

TECHNICAL DOCUMENTATION SUPPLIED 

BY THE MANUFACTURER 

The technical  documentation referred  to  in Annexes, V, VII, V I M,  ix, 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-assembiles, 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. 

/u1/goboh/LC/N0/4002-EN  -  16 Morch. 1992. 

- 49 -

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  judgement  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. 

/u1/goboh/LG/N0/4002-EN  - 24 February. 1992. 

- 50 -

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 

States  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-a-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. 

/u1/gobohAC/>K>/4002-EN 

-  24  Februory.  1992. 

Brussels, 6 February 1992 

RECREATIONAL CRAFT 

FINANCIAL STATEMENT 

Section 1: Financial  implications 

1. Title of operation: 

Technical 

harmonization 

Directive 

(Article 100a): Recreational craft. 

2. Budget heading  involved: B5-300 "Completing the internal market" (former 

Item 7750). 

3. Legal basis: Article 100a of EEC Treaty. 

4. Description of operation 

4.1 

4.2 

4.3 

Specific objectives of operation: Removal of trade barriers and 
of technical barriers. 

Duration: Date proposed for the implementation of the Directive: 
1 July 1995 

Target  population:  Member  States'  authorities,  maritime 
industries, users of recreational craft. 

5. Classification of expenditure or revenue 

5.1 

Non-compulsory expenditure 

5.2 

Differentiated appropriations 

5.3 

No revenue 

6. Type of expenditure or revenue 

6.1 

100% subsidy: No 

6.2 

Subsidy  for  joint  financing  with  other  sources  in  the  public 
and/or private sector: Yes 

6.3 

Interest subsidy: No 

6.4 

Other: (Possibly) defraying of meeting expenses 

6.5 

6.6 

Should  the  operation  prove  an  economic  success,  is  there 
provision  for  all  or  part  of  the Community  contribution  to be 
reimbursed: No 

Will the proposed operation cause any change  in the  level of 
revenue?  If so, what sort of change and what type of revenue is 
involved?  No 

/u1/gabah/LG/»0/ftr»-€M  -  18/3/92 

- 2 -

7. Financial  impact on appropriations for operations (part B of the budget) 

7.1 

Provision should be made for the following resources as part of 
the budgetary procedure concerned. 

- transposition of 5 published  ISO*1) standards as CEN*2) 

standards 

ECU 10 000 X 5 - 50 000 

- completion of 13 standards at an advanced stage of preparation 

as CEN standards 

ECU 30 000 x 13 - 390 000 

- preparation of 7 standards on subjects not yet covered 

ECU 50 000 x 7 -350 000 

790 000 # 800 000 

7.2 

Proportion of mini-budget  in total cost of operation. 
Explain method of calculation 

7.3 

Indicative schedule of commitment and payment appropriations 
Commitment appropriations 1992: ECU 800 000 

Payment appropriations  1992: ECU 300 000 
1993: ECU 350 000 
1994: ECU 150 000 

8. What anti-fraud measures are planned  in the proposal  for the operation? 
Possible control  and audit provisions are  included  in framework contract 
between the Commission and the CEN. 

(1)  International Organization for Standardization 
(2)  European Committee for Standardization 

/ul/gobohAC/MO/f in-EN - 18/3/92 

3 -

Section 2: Administrative expenditure 
(part  A of  the budget) 

Will  the proposed  operation  involve an  increase  in the number  of 
Commission  staff?  If so, how many?  It will  be  incorporated  into the 
tasks of  Units  lll/E/4 and  lll/B/2. 

Indicate  the amount of  staff  and  administrative expenditure  involved  in 
the proposed  operation. Explain  the method of  calculation:  Directive 
83/189 +  (possibly) specialized  Committee  (ECU 20 000 per  annum) 

Section  3: Elements of cost-effectiveness analysis 

1. Objectives and coherence with  financial  programming 

1.1 

1.2 

1.3 

Specific objective(s) of  proposed  operation.  If possible  this 
should  be quantified  and must  be shown  for  each of  the  years 
concerned  in the case of  a multiannual  operation: Completing  the 
internal  market  and making  the  industrial  sector  concerned  more 
competitive; preparing  harmonized  standards needed  to  implement 
the Direct ive 

Is the operation  incorporated  in the  financial  programming  of 
the DG  for  the years concerned?  Yes 

To which  broader  objective  defined  in the DG's  financial 
programming  does  the objective of  the proposed  operation 
correspond?: 
-  Removal  of  technical  barriers 
-  Harmonization of  technical  legislation  and  standardization 

2. Grounds  for  the operation 

2.1 

Reasons  for choosing  this operation  rather  than an  alternative 
which would  achieve  the same objectives. The  justification must 
be based  on  three criteria: 

Mutual  recognition  is not  applicable; as the approval  of 
recreational  craft  covers numerous systems, a Directive  is 
needed. 

/u1/gobah/LG/N0/f  irt-EN  -  18/3/92 

- 4 

(a)  cost: Agreement CEN/Commission 
(b)  spin-off effect  (impact beyond the specific objective(s): 

Development of the sector 

(c)  multiplier effect (ability to mobilize other sources of 

finance): None 

3. Monitoring and evaluation of the operation 

3.1 

3.2 

3.3 

Performance  indicators selected:  Compliance with the deadlines 
for preparing the standards, and follow-up of the target dates 
in the mandate. 

Details and frequency of planned evaluation: Follow-up of the 
mandate to the CEN on a yearly base. 

Main factors of uncertainty which could affect the specific 
results of the operation: None 

/ul/gobah/LG/KO/f irt-EN  -  18/3/92 

I M P A CT 

A S S E S S M E NT 

/ul/goboh/LG/NO/impoct-EN -  16/3/92 

- 1 

1. The  proposal 

The  Directive  is proposed  in order  to  remove  comprehensive  barriers  to 
trade  in  force  in  two  major  boating  countries  with  large  boating 
industries, and  with  the  threat  of  regulations  being  brought  into  force 
in other  countr ies. 

2. The  Impact  on  Business 

a) All  sectors  of  the  boating  industry  will  be  affected,  except  a  few 
companies  making  craft  that  are  excluded  from  the  Directive  (boats 
constructed  solely  for  racing,  replicas  of  historic  craft,  canoes, 
kayaks, submersibles,  hovercraft etc). 

manufacturers  will  be  affected 

just  as  much  as 
Component 
boatbuiIders,  although  component  manufacturers  will  generally  not  be 
manufacturing  products exclusively  for  the boating  industry. 

b) 98% of  boatbuiIders have  less than  200 employees 
80% of  boatbuiIders have  less than  20 employees 
45% of  boatbuiIders have  less than  10 employees 

c) Small  firms are  in general  evenly  distributed  throughout  the EEC. 

d) There  are  3  companies  with  between  1000  and  1500  employees  (2  in 

France  and  1  in UK). 

3. Compliance by  Companies 

The Directive  attempts  to minimise  the evaluation of  conformity  load for 
small  builders  of  small  boats,  and  therefore  keep  their  compliance 
costs-per-boat  to a minimum. 

Small  business operating under  the  Internal  Production Control  procedure 
will  have  to  keep  full  records  of  designs,  tests,  calculations  carried 
out  etc.  for  a  period  of  10  years  after  the  last  product  has  been 
manufactured  at  the  disposal  of  the  relevant  national  authorities  for 
inspection purposes. 

/u1/goboh/lG/NO/impoct-EN -  16/3/92 

-  2 -

Larger  companies  will  be  involved  with  Notified  Bodies,  and  hence 
involve  higher  costs. 

Every  effort  will  be made  to keep  certification  costs  to  the  minimum. 

4. Economic  effects 

The  advantages  of  having  no  barriers,  standard  methods  of  boat 
construction  and  certification,  and  the  disciplines  of  keeping  full 
records  of  designs,  tests  and  calculations  will  result  in  greater 
efficiency,  and  economies  of  scale  in  some  cases.  In  this  way  it  is 
expected  that  prices  will  be  kept  to  reasonable  levels  and  the  sales of 
boats  will  be  maintained.  This  will  result  in  greater  investment  and 
the creation of  new businesses. 

5. Special  Measures  for  SME's 

The proposal  is that  the smaller  boatbuilders  of  smaller  boats  (under  20 
boats  per  year  of  less  than  6m  length)  should  operate  Internal 
Production  Control.  If  a  small  boatbuilder  is  reliable  and  efficient, 
this will  avoid  the  need  for  inspection  by  a Notified  Body  and  so  avoid 
those costs. 

6. Consul tat ion 

1. All  EEC governments, 

2. The  national  boating  industry  federations  of  all  EEC  countries, 
Industry 

represented  by  the  International  Council  of  Marine 
Associations.  I COM IA has not  only  asked  for  the presentation of  such 
a  directive,  but  has  actively  participated  in  the  drafting  of  the 
Essential  Requirements  and  in  the  preparation  of  the  standards 
necessary  for  its  implementation. 

3. The  European  Boating  Association  representing  the  boating  user 
organisations of  eight  EEC countries.  This Association  gives  general 
support  to  the  Directive  but  stresses  that  the  conformity  assessment 
procedure  included  within  the  Directive  should  be  the  least  onerous 
possible. 

/ul/goboh/LG/NO/impoct-EN - 16/3/92. 

ISSN 0254-1475 

COM(92) 141  final 

DOCUMENTS 

EN 

06 

Catalogue number: CB-CO-92-169-EN-C 

ISBN 92-77-43290-X 

Office for Official Publications of the European Communities 
L-2985 Luxembourg