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
Date: 2000-10-12
Institutions: European Commission
Subjects: EU Member State, approximation of laws, pleasure craft, technical regulations

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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 62 E/10)

(Text with EEA relevance)

COM(2000) 639 final (cid:16) 2000/0262(COD)

(Submitted by the Commission on 12 October 2000)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Developments since the adoption of Directive 94/25/EC of
the European 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 craft (1), have made it necessary to amend that
Directive.

(6) Laws, regulations and administrative provisions are in
force in some Member States limiting noise and exhaust
emissions from engines in order to protect human health,
the environment and, where appropriate, domestic animal
health. Those provisions differ and are likely to affect the
free movement of such products and constitute barriers to
trade within the Community.

(7) In the framework of Directive 98/34/EC of the European
Parliament and of the Council of 22 June 1998 laying
down a procedure for the provision of information in
technical standards and regulations (3), as
the field of
amended by Directive 98/48/EC (4)
the Member States
have notified
at
reducing noise and exhaust emissions from the engines
of
regulations are
considered, like the national provisions already in force,
to be likely to affect the free movement of such products
or to create obstacles to the proper functioning of the
internal market. It is therefore necessary to draw up a
binding Community instrument.

such technical

draft national

recreational

regulations

aimed

craft;

(2) It does not cover personal watercraft, while since its
adoption some Member States have introduced laws, regu-
lations
down
administrative provisions
technical requirements for such craft.

laying

and

(3) The propulsion engines on recreational craft and personal
watercraft produce exhaust emissions of carbon monoxide
(CO), hydrocarbons (HC), nitrogen oxides (NOx) and noise
emissions which affect both human health and the
environment.

(4) Noise and exhaust emissions produced by the engines of
such recreational craft are also not covered by that
Directive.

(8) The harmonisation of national

laws is the only way to
abolish such barriers to trade and unfair competition
found in the internal market. The objective of
limiting
noise and exhaust emissions cannot be satisfactorily met
by the Member States individually. The measures provided
for
essential
requirements for the free movement of all the types of
engines to which it applies.

lay down only the

in this Directive

to

promote

(5) It is now necessary to integrate environmental protection
requirements into the various Community activities in
order
Such
sustainable
provisions, which are already the subject of the Council
the
Resolution of 3 December 1992 concerning
and
competitiveness
relationship between industrial
protection (2), were
the
in
recalled
environmental
conclusions of the Industry Council of 29 April 1999.

development.

(9) These measures are in accordance with the principles for
the implementation of the new approach as set out in the
Council Resolution of 7 May 1985 on a new approach to
technical harmonisation and standards (5) and of making
reference to harmonised European standards.

(1) OJ L 164, 30.6.1994, p. 15.
(2) OJ C 331, 16.12.1992, p. 5.

(3) OJ L 204, 21.7.1998, p. 37.
(4) OJ L 217, 5.8.1998, p. 18.
(5) OJ C 136, 4.6.1985, p. 1.

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the

(10) The provisions on emissions laid down in this Directive
should apply to all engines, whether inboard, outboard or
stern drive, and to personal watercraft in order to ensure
optimum effectiveness in the protection of human health
undergoing major
and
alterations should also be included as regards gaseous
emissions. Craft or partly completed craft with an
inboard or stern drive engine, or one of such types of
craft whose engine is undergoing major alterations should
regarding noise
also comply with the provisions
emissions.

environment.

Engines

(CO), hydrocarbons

(11) Conformity with the essential requirements for emissions
from the engines concerned is essential to protect human
health and the environment. Maximum authorised levels
should be laid down for exhaust emissions of carbon
(HC), nitrogen oxide
monoxide
as noise
(NOx)
emissions are concerned, the maximum levels should be
broken down as a function of the power of such engines
and the number of engines on board. These measures are
consistent with all other measures
to reduce engine
emissions in order to protect human beings and the
environment.

and particulate pollutants. As

far

(12) For the two types of emission in question,

the data
certifying their conformity should always accompany the
recreational craft.

(13) Harmonised European standards, in particular as regards
levels and test methods, make it
the measurement of
easier
to demonstrate conformity with the essential
requirements, also in the case of emissions from the
recreational craft covered by this Directive.

that

ensure

should

representative

(14) In view of the nature of the risks involved, it is necessary
to adopt conformity assessment procedures to ensure the
necessary level of protection. The manufacturer or his
authorised
the
products covered by this Directive comply with relevant
essential
requirements, when they are placed on the
market or put into service, relating to personal watercraft
and recreational craft engines as appropriate. Adequate
procedures should be laid down which provide a choice
between procedures with equivalent stringency. Those
procedures
comply with Council Decision
93/465/EEC of 22 July 1993 concerning the modules
for
the conformity assessment
procedures and the rules for the affixing and use of the
CE conformity marking which are intended to be used in
technical harmonisation Directives (1).

the various phases of

should

which should be accompanied by the manufacturer’s
certificate of conformity. As far as noise emissions are
concerned, only outboard engines must bear
the CE
mark affixed by the manufacturer or his authorised
noise
representative within
emissions and for all types of engines, except outboard
engines, the CE mark affixed on the craft demonstrates
conformity with the relevant essential requirements.

the Community.

For

(16) Directive 94/25/EC should also be amended,

to take
account of manufacturing needs, which require a greater
choice of certification procedures.

(17) For the sake of legal certainty and to ensure the safe use
of recreational craft, it is necessary to clarify the essential
requirement concerning the maximum recommended load
to be displayed on the builder’s plate.

(18) In order

application of measures
to facilitate
concerning the efficient
the
procedure establishing a close cooperation between the
Commission and Member States in the framework of a
Committee is maintained and reinforced.

the
functioning of

legislation,

(19) The

the

efficient

legislation requires

functioning of
amending

a
technical provisions
mechanism for
concerning the evolution of exhaust and noise emission
limits and of exhaust duty cycles and test fuels in the light
of advances in technology; a Regulatory Committee estab-
lished following the Council Decision 1999/468/EC of 28
June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (2)
would be required to advise the Commission on the
measures to be taken,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 94/25/EC is hereby amended as follows:

1. Article 1 shall be replaced by the following:

@Article 1

Scope and definitions

1.

This Directive shall apply:

(15) As far as exhaust emissions are concerned, all types of
engines,
including personal watercraft and other similar
powered craft, should bear the CE mark affixed by the
manufacturer or his authorised representative within the
inboard and stern drive engines,
Community, except

(a) with regard to design and construction, to:

(i) recreational craft and partly completed boats,

(ii) personal watercraft,

(1) OJ L 220, 30.8.1993, p. 23.

(2) OJ L 184, 17.7.1999, p. 23.

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(iii) components referred to in Annex II when separate

and when installed;

(b) with regard to exhaust emissions, to:

(i) propulsion engines intended for recreational craft

and personal watercraft,

Directive 82/714/EEC of 4 October 1982 laying
down technical requirements for inland waterway
vessels (1),
of
passengers;

regardless

number

the

of

(ix) submersibles;

(x) air cushion vehicles;

(ii) propulsion engines installed on or in these craft
that are subject to a Amajor engine modificationB;

(xi) hydrofoils.

(c) with regard to noise emissions, to:

(b) With regard to paragraph 1(b):

(i) recreational craft and partly-completed boats, with
stern drive or inboard propulsion engine instal-
lations,

(ii) recreational craft, with stern drive or

inboard
propulsion engines that are subject to a Amajor
craft conversionB,

(iii) personal watercraft,

(iv) outboard engines
recreational craft.

intended for

installation on

The following shall be excluded from the scope of

2.
this Directive:

(a) with regard to paragraph 1(a):

(i) craft intended solely for racing, including rowing
racing boats and training rowing boats, labelled
as such by the manufacturer;

(ii) canoes and kayaks, gondolas and pedalos;

(iii) sailing surfboards;

(i) Propulsion engines installed or specifically intended

for installation on the following:

C craft intended solely for racing and labelled as

such by the manufacturer;

C experimental craft, provided that they are not
subsequently placed on the Community market;

C craft specifically intended to be crewed and to
carry passengers
commercial purposes,
for
without prejudice to paragraph 3 subparagraph
those defined in Council
(a),
Directive 82/714/EEC of 4 October 1982
laying down technical requirements for inland
waterway vessels, regardless of the number of
passengers;

in particular

C submersibles;

C air cushion vehicles;

C hydrofoils;

(ii) Original

and individual

replicas of historical
propulsion engines, which are based on a pre
1960 design, not produced in series and fitted on
craft referred to in paragraph 2(a)(v).

(iv) surfboards, including powered surfboards;

(c) With regard to paragraph 1(c):

(v) original, and individual replicas of, historical craft
designed before 1950, built predominantly with
the original materials and labelled as such by the
manufacturer;

(vi) experimental craft, provided that

they are not
subsequently placed on the Community market;

(vii) craft built for own use, provided that they are not
subsequently placed on the Community market
during a period of five years;

(viii) craft specifically intended to be crewed and to
carry
purposes,
for
without prejudice to paragraph 3, subparagraph
those defined in Council
(a),

in particular

commercial

passengers

all craft referred to in point (b) of this paragraph.

For the purposes of this Directive the following defi-

3.
nitions shall apply:

(a) Arecreational craftB shall mean any boat of any type
sports and leisure purposes of hull
intended for
length from 2,5 m to 24 m, measured according to
the harmonised standard, regardless of the means of
propulsion; the fact that the same boat could be used
for charter or for recreational boating training shall not
prevent it being covered by this Directive when it is
placed on the market for recreational purposes;

(1) OJ L 301, 28.10.1982, p. 1, Directive as amended by the Act of

Accession of Austria, Finland and Sweden.

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(b) Apersonal watercraftB shall mean a vessel less than 4 m
in length which uses an internal combustion engine
having a water jet pump as its primary source of
propulsion and designed to be operated by a person
or persons sitting, standing or kneeling on, rather than
within the confines of a hull;

(c) Apropulsion

engineB

or
combustion engine
compression ignition,
used for propulsion purposes, including 2-stroke and
4-stroke inboard, stern-drive and outboard engines;

shall mean
internal

spark

any

2. In Article 4, the following paragraph 3a shall be inserted:

@3a Member States shall not prohibit, restrict or impede
the placing on the market and putting into service of
inboard and stern drive propulsion engines where the
manufacturer or his authorised representative established
in the Community declares in accordance with Annex
XV.3 that
the exhaust emission
this Directive, when installed in a
requirements of
recreational craft or personal watercraft
in accordance
with the manufacturer’s supplied instructions.G

the engine will meet

(d) Amajor engine modificationB shall mean the modifi-

3. The following Article 6a shall be inserted:

cation of an engine which:

C could potentially cause the engine to exceed the
in Annex I.B. excluding
emission limits set out
routine replacement of engine components that
do not alter the emission characteristics; or

C increases the rated power of the engine by more

than 10 %.

(e) Amajor craft conversionB shall mean a conversion of an

existing craft which:

C changes the means of propulsion of the craft,

C involves either a major engine modification or the
replacement of the propulsion engine by a different
type or size of engine,

@Regulatory Committee

Article 6a

Amendments which are necessary,

in the light of
1.
evolution of
technical knowledge and new scientific
evidence, to the requirements of Annex I.B.2, concerning
limit values of exhaust emissions, duty cycles and reference
fuels, and Annex I.C.1, concerning limit values of noise
emissions, shall be adopted by the Commission assisted
by the Standing Committee set up pursuant to Article
6(3), acting as a regulatory committee in accordance
with the procedure referred to in Article 6a(2).

2. Where reference is made to this provision, the regu-
latory procedure laid down in Article 5 of Decision
1999/468/EC shall apply, in compliance with Article 7(3)
and Article 8 thereof.

C alters

the craft
considered a new craft;

to such an extent

that

it

is

The period stipulated in Article 5(6) of Decision

3.
1999/468/EC shall be three months.G

(f)

Ameans of propulsionB
method by which the craft
marine propellers or waterjet mechanical
systems;

shall mean the mechanical
in particular
drive

is driven,

(g) Aengine familyB shall mean the manufacturer’s grouping
of engines which through their design, are expected to
have similar exhaust emission characteristics and which
comply with the exhaust emissions requirements of
this Directive;

(h) AmanufacturerB means any natural or legal person who
designs and manufactures a product covered by this
Directive or who has such a product designed and/or
manufactured with a view to placing it on the market
under his own name;

4. In Article 7 paragraph 1 shall be replaced by the

following:

@1. Where a Member State ascertains that products
falling within the scope of Article 1 and bearing the CE
marking referred to in Annex IV, when correctly
constructed, installed, maintained and used in accordance
with their intended purpose may endanger the safety and
health of persons, property or the environment,
it shall
take all appropriate interim measures to withdraw them
from the market or prohibit or restrict their being placed
on the market or put into service.G

5. Article 8 shall be replaced by the following:

@Article 8

(i)

Aauthorised representativeB means any natural or legal
person established in the Community who has received
a written mandate from the manufacturer to act on his
behalf with regard to the latter’s obligation under this
Directive.G

1.
Before producing and placing on the market
products referred to in Article 1(1) the manufacturer or
his authorised representative established in the Community
shall apply the procedures referred to in paragraphs (2),
(3), (4) of this Article.

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the

In the absence of the manufacturer and of his authorised
representative
the product’s
responsibilities
conformity to this Directive can be assumed by any
established within
natural
the
the product on the market
Community who places
under his own name.

person

legal

for

or

2. With regard to design and construction of products
referred to in Article 1(1)(a) the boat manufacturer or his
authorised representative established in the Community
shall apply the following procedures
for boat design
categories A, B, C and D as referred to in section 1 of
Annex I.A:

(a) For categories A and B:

(i) for boats of less than 12 m hull length: the internal
production control plus tests (module Aa) referred
to in Annex VI, or
the EC type-examination
(module B) as described in Annex VII, supple-
mented by module C (type conformity) referred
following
to in Annex VIII, or
modules: B + D or G or H.

any of

the

(ii) for boats from 12 m to 24 m hull length: the EC
type-examination (module B) referred to in Annex
VII supplemented by module C (type conformity)
referred to in Annex VIII, or any of the following
modules: B + D, or B + F, or G or H.

(b) For category C:

(i) for boats from 2,5 m to 12 m hull length:

C where the harmonised standards relating to
Sections 3.2 and 3.3 of Annex I.A are
complied with: the internal production control
(module A), referred to in Annex V, or internal
production control plus
(module Aa)
referred to in Annex VI, or the EC type-exam-
ination (module B) as described in Annex VII,
supplemented by module C (type conformity)
the
referred to in Annex VIII, or any of
following modules: B + D, or B + F, or G, or H.

tests

C where the harmonised standards relating to
Sections 3.2 and 3.3 of Annex I.A are not
complied with: the internal production control
plus tests (module Aa) referred to in Annex VI,
the EC type-examination (module B) as
or
supplemented by
described in Annex VII,
module C (type conformity)
referred to in
Annex VIII, or any of the following modules:
B + D, or B + F, or G, or H.

(ii) for boats from 12 m to 24 m hull length: the EC
type-examination (module B) referred to in Annex
VII
conformity)
referred to in Annex VIII, or any of the following
modules: B + D, or B + F, or G or H.

followed by module C (type

(c) For category D:

For boats from 2,5 m to 24 m hull length: the internal
production control (module A) referred to in Annex V,
or the internal production control plus tests (module
Aa) referred to in Annex VI, or the EC type-exam-
ination (module B) as described in Annex VII, supple-
mented by module C (type conformity) referred to in
Annex VIII, or any of the following modules: B + D, or
B + F or G or H.

(d) For personal watercraft:

the EC type-examination (module B) as described in
followed by module C (type conformity)
Annex VII
referred to in Annex VIII, or any of
the following
modules: B + D, B + E, B + F, or G, or H.

(e) For components referred to in Annex II: any of the
following modules: B + C, or B + D, or B + F, or G or
H.

3. With regard to exhaust emissions:

(a) for products referred to in Article 1(1)(b), the engine
manufacturer or his authorised representative estab-
lished in the Community shall apply the EC type-exam-
ination (module B) as described in Annex VII followed
by module C (type conformity) referred to in Annex
VIII, or any of the following modules: B + D, B + E,
B + F, or G, or H.

(b) for

engines

ignition

compression

to Directive 97/68/EC which are

type-approved
according
in
in section
compliance with stage II provided for
4.2.3 of Annex I to this Directive, the engine manu-
facturer or his authorised representative established in
the Community shall apply the internal production
control (Module A) referred to in Annex V.

(4) With regard to noise emissions:

(a) For products referred to in Article 1(1)(c)(i) and (ii), the
boat manufacturer or his authorised representative
established in the Community shall apply:

(i) where tests are conducted using the harmonised
standard for noise measurement: either internal
production control plus tests (module Aa) referred
to in Annex VI, or unit verification (module G)
referred to in Annex XI, or full quality assurance
(module H) referred to in Annex XII.

(ii) where certified reference boat data, established in
accordance with point (i), is used for assessment:
either internal production control (A) referred to in
Annex V, or
internal production control plus
supplementary requirements (module Aa) referred
to in Annex VI, or unit verification (module G)
referred to in Annex XI, or full quality assurance
(module H) referred to in Annex XII.

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(b) For products referred to in Article 1(1)(c)(iii) and (iv),
the personal watercraft/engine manufacturer or his
the
authorised
Community
plus
supplementary requirements referred to in Annex VI
(module Aa) or module G or H.G

representative
apply:
shall

established
internal

in
control

6. In Article 10, paragraphs 1, 2 and 3 shall be replaced by

the following:

@1. When the following products are placed on the
market, they must bear the CE marking of conformity:

(a) recreational craft, personal watercraft and components
referred to in Annex II, which are regarded as meeting
the corresponding essential requirements set out
in
Annex I;

(b) outboard engines which are regarded as meeting the
essential requirements set out in Annex I.B and I.C.

2.
The CE marking of conformity, as shown in Annex
IV, must appear in a visible, legible and indelible form on
the craft and the personal watercraft as in point 2.2 of
Annex I.A, on components, as referred to in Annex II
and/or on their packaging, and on outboard engines and
personal watercraft engines as in point 1.1 of Annex I.B.

The CE marking shall be accompanied by the identification
number of the notified body responsible for implemen-
tation of the procedures set out in Annexes IX, X, XI,
XII and XVI.

the form of

3.
The affixing of markings or inscriptions on the craft,
the personal watercraft, and on propulsion engines which
are likely to mislead third parties with regard to the
meaning or
the CE marking shall be
prohibited. Any other markings may be affixed to the
referred to in
recreational craft and components as
Annex II and/or on their packaging provided that
the
visibility and legibility of the CE marking is not thereby
reduced.G

An engine is taken from the series and subjected to the
test described in Annex I.B. Test engines shall have been
run in, partially or completely, according to the manu-
facturer’s specifications. If the specific exhaust emissions
the engine taken from the series exceed the limit
of
values according to Annex I.B, the manufacturer may ask
for measurements to be done on a sample of engines taken
from the series and including the engine originally taken.
To ensure the conformity of the sample of engines defined
above with the requirements of the Directive, the statistical
method described in Annex XVII shall be applied.G

10.

In Annex X, point 5.3, a new subparagraph shall be added
as follows:

@For
the assessment of conformity with the exhaust
emission requirements the procedure defined in Annex
XVII shall be applied.G

11. Annex XIII shall be replaced by the text in Part C of the

Annex to this Directive.

12.

In Annex XIV, point 1, the first sentence shall be replaced
by the following:

@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 the products referred
to in Article 1 which they inspect, nor the authorised
representative of any of these parties.G

13. Annex XV shall be replaced by the text in Part D of the

Annex to this Directive.

14. A new Annex XVI is added, as set out in Part E of the

Annex to this Directive.

15. A new Annex XVII is added, as set out in Part F of the

Annex to this Directive.

7. Annex I shall be amended in accordance with Part A of

the Annex to this Directive.

8. Annex VI shall be replaced by the text in Part B of the

Annex to this Directive.

Article 2

Two years after the implementation of this Directive by the
Member States, the Commission shall submit a report to the
European Parliament and the Council on how to implement a
system of in-use compliance testing.

9. In Annex VIII the following new point 4 is added:

@4. With regard to the assessment of conformity with
the exhaust emission requirements of
this Directive, a
notified body chosen by the manufacturer must carry
out or have carried out product checks at
random
intervals. When the quality level appears unsatisfactory
or when it seems necessary to verify the validity of the
data presented by
following
procedure shall be used:

the manufacturer,

the

Article 3

1. Member States shall adopt and publish the laws, regu-
lations and administrative provisions necessary to comply
with the requirements of this Directive not later than June
2003. They shall immediately inform the Commission thereof.

Member States shall apply such provisions as from December
2003.

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2. Member States shall permit the placing on the market
and putting into service of products which comply with the
rules in force in their territory on the date of entry into force
of this Directive, as follows:

C until December 2004 for the products falling under Article

1(1)(a);

C until December 2004 for compression ignition and 4-stroke

spark ignition engines; and,

C until December 2005 for 2-stroke spark ignition engines.

3. When Member States adopt the provisions referred to in
paragraph 1, they shall contain a reference to this Directive or
be accompanied by such a reference on the occasion of their

official publication. Member States shall determine how such
reference is to be made.

4. Member States shall communicate to the Commission the
text of the provisions of national law which they adopt in the
field governed by this Directive.

Article 4

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

Article 5

This Directive is addressed to the Member States.

ANNEX

A C Annex I is amended as follows:

1. The heading is replaced by the following:

@ANNEX I: ESSENTIAL REQUIREMENTS

Preliminary observation

For the purposes of this Annex the term AcraftB shall cover recreational craft and personal watercraft.

A. ESSENTIAL SAFETY REQUIREMENTS FOR THE DESIGN AND CONSTRUCTION OF CRAFT.G

2. The paragraph under section 2. @General requirementsG is replaced by the following:

@Products falling under Article 1(1)(a) shall comply with the essential requirements in so far as they apply to them.G

3. In section 2.2 @Builder’s plateG, fourth indent, the following words shall be added at the end of the sentence:

@. . . excluding the weight of the fuel and water tanks when full.G

4. In section 3.6 @Manufacturer’s maximum recommended loadG the following words shall be deleted:

@. . . , as marked on the builder’s plate, . . .G

5. A new sectionshall be added

in section 5 @Installation requirementsG:

@5.1.5. Personal watercraft running without driver. Personal watercraft shall be designed either with an automatic
engine cut-off or with an automatic switch to provide reduced speed, circular, forward movement when the
driver dismounts deliberately or falls overboard.G

6. Two new parts, B and C, shall be added to this Annex as follows:

3B. ESSENTIAL REQUIREMENTS FOR EXHAUST EMISSIONS FROM PROPULSION ENGINES

Propulsion engines shall comply with the following essential requirements for exhaust emissions.

1. ENGINE IDENTIFICATION

1.1. Each engine shall be clearly marked with the following information:

C engine manufacturer’s trademark or trade-name;

C engine type, engine family, if applicable;

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C a unique engine identification number;

C CE marking, if required under Article 10;

1.2. These marks must be durable for the normal life of the engine and must be clearly legible and indelible. If
labels or plates are used, they must be attached in such a manner that the fixing is durable for the normal
life of the engine, and the labels/plates cannot be removed without destroying or defacing them.

1.3. These marks must be secured to an engine part necessary for normal engine operation and not normally

requiring replacement during the engine life.

1.4. These marks must be located so as to be readily visible to the average person after the engine has been

assembled with all the components necessary for engine operation.

2. EXHAUST EMISSION REQUIREMENTS

Propulsion engines shall be designed, constructed and assembled so that when correctly installed and in normal
use, emissions shall not exceed the limit values obtained from the following table:

Table 1

Type

Carbon monoxide
CO ¼ A þ B=P n
N
g=kWh

Hydrocarbons
HC ¼ A þ B=P n
N
g=kWh

Nitrogen oxides
NOx
g=kWh

Two-stroke
spark ignition

Four-stroke
spark ignition

Compression
ignition

A

B

n

A

B

n

150,0 600,0

1,0

30,0 100,0 0,75

150,0 600,0

1,0

6,0

50,0 0,75

5,0

0

0

1,5

2,0 0,5

10,0

15,0

9,8

Particulates

Not applicable

Not applicable

1,0

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.

For engines above 130 kW either E3 (IMO) or E5 (recreational marine) duty cycles may be used.

Reference fuels specified in Directive 98/69/EC shall be used for the emissions tests (Annex XI, Table 2 and Table
3).

3. DURABILITY

The manufacturer of the engine shall supply engine installation and maintenance instructions, which if applied
should mean that the engine in normal use will continue to comply with the above limits throughout the normal
life of the engine and under normal conditions of use.

This information shall be obtained by the engine manufacturer by use of prior endurance testing, based on
normal operating cycles, and by calculation of component fatigue so that the necessary maintenance instructions
may be prepared by the manufacturer and issued with all new engines when first placed on the market.

The normal life of the engine is considered to mean:

C Inboard or stern drive engines: 480 hours or 10 years, whichever occurs first

C Personal Watercraft engines: 350 hours or 5 years, whichever occurs first

C Outboard engines: 350 hours or 10 years, whichever occurs first.

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4. OWNERS MANUAL

Each engine shall be provided with an Owners Manual in the Community language or languages, which may be
determined by the Member State in which the engine is to be marketed in accordance with the Treaty. This
manual should:

C Provide instructions for the installation and maintenance needed to assure the proper functioning of the

engine to meet the requirements of paragraph 3, (Durability).

C Specify the power of the engine when measured in accordance with the harmonised standard.

C. ESSENTIAL REQUIREMENTS FOR NOISE EMISSIONS

Recreational craft with inboard or stern drive engines, personal watercraft and outboard engines shall comply
with the following essential requirements for noise emissions.

1. NOISE EMISSION LEVELS

1.1. Recreational craft with inboard or stern drive engines, personal watercraft and outboard engines shall be
designed, constructed and assembled so that noise emissions measured in accordance with tests defined
in the harmonised standard shall not exceed the limit values in the following table:

Table 2

Maximum Sound Pressure
Level = LpASmax
In dB

67

72

75

Engine Power
In kW

PN £ 10

10 < PN £ 40

PN > 40

where PN = rated engine power in kW at rated speed and LpASmax = maximum sound pressure level in
dB.

For twin-engine and multiple-engine units an allowance of 3 dB may be applied.

1.2. As an alternative to sound measurement tests, recreational craft with inboard or stern drive engine
configurations shall be deemed to comply with these noise requirements if their key design parameters
are the same as or compatible with those of a certified reference boat to tolerances specified in the
harmonised standard.

1.3. ACertified reference boatB shall mean a specific hull/inboard or stern drive engine combination that has
been found to comply with the noise emission requirements, when measured in accordance with section
1.1 above, and for which all appropriate key design parameters and sound level measurements have
been included subsequently in the published list of certified reference boats.

2. OWNERS MANUAL

For recreational craft with inboard or stern drive engines and personal watercraft, the Owners Manual
required under Annex I.A Section 2.5, shall
include information necessary to maintain the craft and
exhaust system in a condition, that in so far as is practicable, will ensure compliance with the specified
noise limit values when in normal use.

For outboard engines, the Owners Manual required under Annex I.B.4 shall provide instructions necessary to
maintain the outboard engine in a condition, that in so far as is practicable, will ensure compliance with the
specified noise limit values when in normal use.G

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B C Annex VI is replaced as follows:

@ANNEX VI: INTERNAL PRODUCTION CONTROL PLUS TESTS (module Aa, option 1)

This module consists of module A, as referred to in Annex V, plus the following supplementary requirements:

A. Design and construction:

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:

C test of stability according to point 3.2 of the Essential Requirements,

C test of buoyancy characteristics according to point 3.3 of the Essential Requirements.

Provisions common to both variations: These tests or calculations or control shall be carried out under the
responsibility of a notified body chosen by the manufacturer.

B. Noise emissions:

For recreational craft fitted with inboard or stern drive engines and for personal watercraft:

On one or several craft representing the production of the craft manufacturer, the sound emission tests defined in
Annex I.C shall be carried out by the craft manufacturer, or on his behalf, under the responsibility of a notified body
chosen by the manufacturer.

For outboard engines:

On one or several engines of each engine family representing the production of the engine manufacturer, the sound
emission tests defined in Annex I.C shall be carried out by the engine manufacturer, or on his behalf, under the
responsibility of a notified body chosen by the manufacturer.

Where more than one engine of an engine family is tested, the statistical method described in Annex XVII shall be
applied to ensure conformity of the sample.G

C C Annex XIII is replaced as follows:

@ANNEX XIII: TECHNICAL DOCUMENTATION SUPPLIED BY THE MANUFACTURER

The technical documentation referred to in Annexes V, VII, VIII, IX and 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:

C a general description of the type,

C conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.,

C descriptions and explanations necessary for the understanding of said drawings and schemes and the operation of

the product,

C 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,

C results of design calculations made, examinations carried out, etc.,

C 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 (Annex I.A),

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C exhaust emissions test reports according to point 2 of the Essential Requirements (Annex I.B),

C sound emissions test reports or reference boat data according to point 1 of the Essential Requirements (Annex I.C).G

D C Annex XV is replaced as follows:

@ANNEX XV: WRITTEN DECLARATION OF CONFORMITY

1. The written declaration of conformity to the provisions of the Directive must always accompany:

C the recreational craft and the personal watercraft and must be included with the owner’s manual (Annex I.A

point 2.5);

C the components, as referred to in Annex II;

C propulsion engines and must be included with the owner’s manual (Annex I.B.4).

2. The written declaration of conformity shall include the following (1):

C name and address of the manufacturer or his authorised representative established in the Community (2);

C description of the product defined in paragraph 1 above (3);

C references to the relevant harmonised standards used, or references to the specifications in relation to which

conformity is declared;

C where appropriate, reference to the EC type-examination certificate issued by a notified body;

C where appropriate, the name and address of the notified body;

C identification of the person empowered to sign on behalf of the manufacturer or his authorised representative

established within the Community.

3. With regard to inboard and stern drive propulsion engines the declaration of conformity shall include in addition to
the information of point 2 above, a statement of the manufacturer that the engine will meet the exhaust emission
requirements of this Directive, when installed in a recreational craft, in accordance with the manufacturer’s supplied
instructions and that this engine must not be put into service until the recreational craft into which it is to be
installed has been declared in conformity with the relevant provision of the Directive.G

E C The following Annex XVI is added to

Directive 94/25/EC:

@ANNEX XVI: PRODUCT QUALITY ASSURANCE (MODULE E) C EXHAUST EMISSIONS

1. This module describes the procedure whereby the engine 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 or his
authorised representative established within the Community must affix the CE mark to each product and draw up a
written declaration of conformity. The CE mark must be accompanied by the identification symbol of the notified
body responsible for surveillance as specified in point 4.

2. The manufacturer must operate an approved quality system for final product inspection and testing as specified in

paragraph 3 and must be subject to surveillance as specified in point 4.

(1) And be drawn up in the language(s) as foreseen under point 2.5 of Annex I.A.
(2) Business name and full address; authorised representative must also give the business name and address of the manufacturer.
(3) Description of the product make, type, serial number, where appropriate

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3. Quality system

3.1. The manufacturer must lodge an application for assessment of his quality system for the products concerned,

with a notified body of his choice.

The application must include:

C all relevant information for the product category envisaged;

C the quality system’s documentation;

C if applicable, the technical documentation of the approved type and a copy of the EC type-examination

certificate.

3.2. Under the quality system, each product must be 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 ensure its conformity with
the relevant requirements of the directive. All the elements, requirements and provisions adopted by the
manufacturer must be documented in a systematic and orderly manner in the form of written policies,
procedures and instructions. This quality system documentation must ensure a common understanding of
the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

C the quality objectives and the organisational structure, responsibilities and powers of the management with

regard to product quality;

C the examinations and tests that will be carried out after manufacture;

C the means to monitor the effective operation of the quality system;

C quality records, such as inspection reports and test data, calibration data, qualification reports of the

personnel concerned, etc.

3.3. The notified body must assess the quality system to determine whether it satisfies the requirements referred to

in point 3.2.

It presumes conformity with these requirements in respect of quality systems that implement the relevant
harmonised standard.

The auditing team must have at least one member experienced as an assessor in the product technology
concerned. The assessment procedure must include an assessment visit to the manufacturer’s premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the
examination and the reasoned assessment decision.

3.4. The manufacturer must undertake to fulfil the obligations arising from the quality system as approved and to

maintain it in an appropriate and efficient manner.

The manufacturer or his authorised representative must keep the notified body which has approved the quality
system informed of any intended updating of the quality system.

The notified body must evaluate the modifications proposed and decide whether the modified quality system
will still satisfy the requirements referred to in paragraph 3.2 or whether a re-assessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the exam-
ination and the reasoned assessment decision.

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.

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4.2. The manufacturer must allow the notified body entrance for inspection purposes to the locations of inspection,

testing and storage and shall provide it with all necessary information, in particular:

C the quality system documentation;

C the technical documentation;

C the quality records, such as inspection reports and test data, calibration data, qualification reports of the

personnel concerned, etc.

4.3. The notified body must periodically carry out audits to ensure that the manufacturer maintains and applies the

quality system and must 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 must provide the manufacturer with a visit report and, if a test has been
carried out, with a test report.

5. The manufacturer must, for a period ending at least 10 years after the last product has been manufactured, keep at

the disposal of the national authorities:

C the documentation referred to in the third indent of point 3.1;

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

C the decisions and reports from the notified body which are referred to in the final paragraph of point 3.4, points

4.3 and 4.4.

6. Each notified body must forward to the other notified bodies the relevant information concerning the quality system

approvals issued and withdrawn.G

F C The following Annex XVII is added to

Directive 94/25/EC:

@ANNEX XVII: CONFORMITY OF PRODUCTION ASSESSMENT FOR EXHAUST EMISSIONS

1. For verifying the conformity of an engine family, a sample of engines is taken from the series. The manufacturer shall

decide the size (n) of the sample, in agreement with the notified body.

2. The arithmetical mean X of the results obtained from the sample shall be calculated for each regulated component of
the exhaust and noise emission. The production of the series shall be deemed to conform to the requirements (Apass
decisionB) if the following condition is met:

X + k . S £ L

S is standard deviation, where:

S2 = (cid:1) (x - X)2/(n - 1)

X = the arithmetical mean of the results

x = the individual results of the sample

L = the appropriate limit value

n = the number of engines in the sample

k = statistical factor depending on n, see table

n

k

n

k

2

3

4

5

6

7

8

9

10

0,973 0,613 0,489 0,421 0,376 0,342 0,317 0,296 0,279

11

12

13

14

15

16

17

18

19

0,265 0,253 0,242 0,233 0,224 0,216 0,210 0,203 0,198

If n ‡ 20 then k = 0,860 / (cid:3)nG