Amended proposal for a COUNCIL DIRECTIVE on the approximation of the laws, regulations and administrative provisions of the Member States relating to RECREATIONAL CRAFT
Date: 1993-02-09
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(93) 23 f inal - SYN 410 

Brussels, 9 February 1993 

Amended  proposal  for a 

COUNCIL PI RECTI YE 

on the approximation of the laws, 

regulations and administrative provisions 

of the 

Member  States 

relating to 

RECREATIONAL  CRAFT 

j s s s ^ ai 

(presented  by  the  Commission  pursuant  to  A r t i c le  149(3) 
of  the  EEC-Treaty) 

•gsspBB 

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Explanatory  memorandum 

A.  On  21  April  1992,  the  Commission  transmitted  to  the  Council  a 

proposal  for  a Council  Directive  on  the  approximation  of  the  laws, 

regulations  and  administrative  provisions  of  the  Member  States 

relating  to Recreational  Craft, COM  (92) 141  final  - SYN 410. 

On  18 November  1992, the  European  Parliament  approved  this  proposal 

In  its  first  reading,  with  22  amendments.  The  Commission  acepted 

13 of  t h e m C ). 

These amendments  deal  with : 

-  an  inadequate  reference  to  the  IMO  Convention  in  the  second 

recital, 

-  precisions about  some of  the excluded  craft  in article 1, 

-  8 technical  points  in the essential  requirements  as  in annex  I, 

-  2 technical  points concerning  the components  as  in annex  II, 

-  a  requirement  concerning  the  assessment  of  conformity  for 

components  as  in annex  III. 

The Commission  cannot  give  its agreement  to  the other  proposals  for 

amendments  mainly  because  they  have  been  already  discussed  during 

the consultation  phase and  the Commission  knows the M.S. positions. 

B.  As a follow-up, the Commission  proposes  to modify  : 

-  the second  recital, 

-  article  1, paragraph  3, 

-  points 2.4.1, 3.5, 3.8, 3.10, 3.11, 5.6.1, 5.7 of annex  I, 

-  annex  iI and  11i 

as fol lows : 

(1) Apart  of  the 13 amendments of substance, the Commission  has accepted 

many proposals  for  linguistic  Improvements for  the French  version of 

the draft  proposal. 

Ai1/le40lAC/DIR/r*cr.en  11/1/93 

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Modifications  to the proposal 

for a 

CounclI  DirectIve 

on  the approximation of  the  laws, 

regulations and administrative provisions 

of  the 

Member  States 

relating to 

RECREATIONAL  CRAFT 

1.  Modify  the second  recital  as follows : 

whereas  the  minimum  length  of  recreational  craft  should  be  2.5m 

since  craft  under  this  length  cannot  be  considered  as  recreational 

craft,  whereas  the  maximum  length  of  24m  for  recreational  craft  is 

derived  from  ISO  (2) standards  (deletion  of  the  previous  foot-note 

(2). 

2.  Modify  article 1, paragraph 3 as follows : 

*  4th  Indent  : powered surfboards, powered water  vehicles and other 

similar  craft, 

*  6th  Indent  : experimental  craft, so  long there  Is no  transfer  of 

ownership, 

*  7th  Indent  :  craft  with  crew  and  carrying  passengers  for 

commercial  purposes within the meaning of Directive 82/714EEC. 

3.  Modify  point  2.4.1. of annex  I as follows : 

for motor  boats, the main steering position shall give  the operator, 

under  the  normal  conditions  of  speed  and  toad,  good  direct 

visibility  forward  and  to  the  side,  whilst  operating  throttle, 

clutch and steering controls. 

/i»1/l«40lAC/DIR/r«cr.«,»  t l / 1 / 93 

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4.  Modify  point  3.5 of annex  I as follows : 

-  first  indent  : have  self-draining  cockpits  and wells or 

5.  Modify  point  3.8 of annex  I as follows : 

Çompartmentatlon 

All  boats  should  be  compartmented  according  to  their  usage  group 

(section  1.1), stability  (section  3.2) and  buoyancy  (section 3 . 3 ), 

paying  special  attention  to collision  bulkheads. 

6.  Modify  point  3.10 of annex  I as follows : 

Escape  hatches  for mu.lt Ihujls 

Ail  habitable  multihull  craft  in usage  groups A and B of  section  1.1 

shall  be  fitted  with  escape  hatches  that  can  allow  escape  from  a 

capsized  multihulI  craft. 

7.  Modify  point  3.11 of annex  I as follows : 

Mooring  and towlna 

All  craft,  taking  Into  account  their  usage  group  (section  1.1) and 

their  characteristics  shall  be  provided  with  arrangements  for 

handling  and stowage of mooring  and anchor  ropes or  cables. 

8.  Modify  the 3rd paragraph  of point  5.5 of  annex  I as follows : 

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

quaters... 

9.  Modify  the  first  paragraph  of  point  5.6.1  of  annex  I as  follows  : 

(Fire  protection  -  General) 

The  type  of  equipment  Installed  and  the  layout  of  the  craft  shall 

take  account  of  the risk  and  spread  of  fire  in the  living  quaters. 

Attention  shall  be  paid  to the  surroundings  of  open  flame  devices, 

especially  in the vicinity  of the engine  compartment. 

/u1/l«401/LG/DIR/r«cr.en 11/1/93 

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10. Modify  point  5.7 of annex  I as follows : 

Navigation  lights 

Navigation  lights  shall  be  fitted  In accordance  with  the 1972  COL 

REG  Convention, as subsequently  amended. 

11. Modify  annex  II as follows : 

Add  after  "COMPONENTS" the following  sentence : 

This  annex  refers  to components  covered  by the harmonized  standards 

such as : fire protection, steering  gear. 

12. Modify  point  4 of annex  II as follows : 

4. Fixed  fuel  tanks and fuel  hoses. 

13. Modify  annex  111 as follows : 

Add,  after  2nd indent, a new indent : 

-  a declaration of conformity  of the component  with  the Essential 

Requirements of the Directive. 

/u1/i»40lAG/DIR/r*cr.»n  IT/1/93 

ISSN 0254-1475 

COM(93) 23  final 

DOCUMENTS 

EN 

06 

Catalogue number : CB-CO-93-026-EN-C 

ISBN 92-77-52302-6 

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