WRITTEN QUESTION No. 2108/96 by Hans-Gert POETTERING to the Commission. Registration of pleasure boats
Date: 1996-07-26
Institutions: European Parliament, POETTERING
Subjects: European standard, Germany, approximation of laws, free movement of goods, national implementing measure, pleasure craft, safety standard, technical specification, temporary admission













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91996E2108

WRITTEN QUESTION No. 2108/96 by Hans-Gert POETTERING to the Commission. Registration of pleasure boats  


Official Journal C 072 , 07/03/1997 P. 0014 





WRITTEN QUESTION E-2108/96 by Hans-Gert Poettering (PPE) to the Commission (26 July 1996)Subject: Registration of pleasure boatsA special regulation will come into force in the Federal Republic of Germany in 1998 to transpose the directive harmonizing rules on the design of, and equipment for, pleasure boats. It stipulates that all pleasure boats used in Germany must have an EC registration; this also applies to boats from countries outside Europe, even if they are only in transit or visiting Germany. The EC procedure involves considerable costs, which will have an impact on the purchase price of leisure craft.1. Will the compulsory EC registration enhance safety?2. Will it lead to unnecessary restrictions on trade?3. Is there a risk of a competitive disadvantage, for smaller shipyards in particular?4. Will the European rules restrict the freedom of movement of owners from third countries?5. Do the restrictions in the German regulation go beyond the aims of the directive?Answer given by Mr Bangemann on behalf of the Commission (18 October 1996)1. & 2. The legal basis for Directive 94/25/EC ((OJ L 164, 30.6.1994. )) relating to recreational craft lies in Article 100a of the EC Treaty. This Article is one of the provisions on the basis of which measures are adopted for the progressive establishment of the single market, eliminating barriers to trade. The Directive removes barriers to trade caused by divergent technical legislation between Member States with regard to the construction of recreational craft. Application of paragraph 3 of the above Article provides consumers and users with, among other considerations, a high level of safety. The construction safety of recreational craft will be improved by the application of the essential requirements of the Directive as well as over forty European committee for standardisation harmonized standards.3. Analysis of the financial implications of the Directive, initially carried out during the drafting stages, showed that costs of conformity assessment were not a major problem. In addition, having one regulation across the Community means one procedure is acceptable in all Member States. This single procedure can only be to the advantage of small boatyards by harmonising previously different national regulations.4. & 5. The recreational craft Directive 94/25/EC relates only to the construction of recreational craft, precluding the placing on the market of boats that do not fulfil the requirements of the Directive. The Directive does not include any navigation usage rules and there is no link between the design categories and any such rules.The German rules state that a boat, placed on the Community market for the first time after 16 June 1998, may not be put into service if it does not fulfil the requirements of the Directive and thus has no 'CE' marking. Consequently, it does not apply to boats, visiting or in transit, which have never been placed on the Community market or put into service within the Community. Furthermore, the German legislation does not apply retrospectively to boats built before the full implementation of the Directive, i.e. 16 June 1998.