Common Position (EC) No 40/2002 of 22 April 2002 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council amending Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (Text with EEA relevance)
Date: 2002-04-22
Institutions: Council of the European Union
Subjects: EC conformity marking, European standard, approximation of laws, environmental protection, free movement of goods, health policy, pleasure craft, safety standard, technical regulations

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 40/2002

adopted by the Council on 22 April 2002

with a view to the adoption of a Directive 2002/. . ./EC of the European Parliament and of the
Council of . . . amending Directive 94/25/EC on the approximation of the laws, regulations and
administrative provisions of the Member States relating to recreational craft

(2002/C 170 E/01)

(Text with EEA relevance)

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 (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

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 (4), have made it necessary to amend
that Directive.

(2) Directive 94/25/EC does not cover personal watercraft,
while since its adoption some Member States have
introduced laws, regulations and administrative provisions
concerning such craft.

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

(4) Exhaust emissions produced by the engines of such
recreational craft and personal watercraft and noise
emissions produced by such craft are also not covered
by Directive 94/25/EC.

(5) It is now necessary to integrate environmental protection
requirements into the various Community activities in
Such
sustainable
order
provisions, which are already the subject of the Council

development.

promote

to

(1) OJ C 62 E, 27.2.2001, p. 139.
(2) OJ C 155, 29.5.2001, p. 1.
(3) Opinion of the European Parliament of 5 July 2001 (OJ C 65 E,
14.3.2002, p. 321), Council Common Position of 22 April 2002
and Decision of the European Parliament of . . . (not yet published
in the Official Journal).
(4) OJ L 164, 30.6.1994, p. 15.

Resolution of 3 December 1992 concerning
relationship between industrial
competitiveness
environmental protection (5), were
conclusions of the Industry Council of 29 April 1999.

the
and
taken up in the

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

field of

technical

standards

(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
and regulations (6)
the
Member States have notified draft national regulations
aimed at reducing noise and exhaust emissions from the
engines of recreational craft. Such technical 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.

(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
essential
for
requirements
recreational
craft, personal watercraft and all the types of engines to
which this Directive applies.

the free movement of

lay down only the

in this Directive

for

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

(5) OJ C 331, 16.12.1992, p. 5.
(6) OJ L 204, 21.7.1998, p. 37. Directive as last amended by Directive

98/48/EC (OJ L 217, 5.8.1998, p. 18).

(7) OJ C 136, 4.6.1985, p. 1.

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(10) The provisions on exhaust and noise emissions laid down
in this Directive should apply to all engines, whether
inboard, outboard or
stern drive with or without
integral exhaust, and to personal watercraft in order to
ensure optimum effectiveness in the protection of human
health and the environment. Engines undergoing major
regards exhaust
modifications
emissions. Craft with stern drive
engines without
integral exhausts or inboard propulsion engine instal-
lations, undergoing major craft conversion should be
included as regards noise emissions when placed on the
Community market.

should be included as

(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
(NOx)
as noise
emissions are concerned, the maximum levels should be
broken down as a function of the power of such engines
and the number and type of engines on board. These
measures should be 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, personal watercraft or engine.

manufacturer or his authorised representative within the
Community, except
inboard engines and stern drive
engines without integral exhaust, engines type-approved
according to stage II of Directive 97/68/EC (2) and engines
type-approved according to Directive 88/77/EEC (3) which
should be accompanied by the manufacturer's declaration
of conformity. As far as noise emissions are concerned,
only outboard engines and stern drive engines with
integral exhaust must bear the CE mark affixed by the
the
manufacturer or his authorised representative or
person placing the product on the market and/or
putting it into service within the Community. For noise
emissions and for all types of engines, except outboard
engines and of stern drive engines with integral exhaust,
the CE mark affixed on the craft demonstrates conformity
with the relevant essential requirements.

(16) Directive 94/25/EC should be amended also 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 a number of
technical
issues relating to the essential construction
requirements of recreational craft concerning the boat
design categories, the maximum recommended load, the
craft identification number, the fuel tanks, the fire fighting
equipment and the discharge prevention.

(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 and personal watercraft covered by
this Directive.

(18) The Commission should closely monitor the evolution of
engine technology and the need to meet future environ-
mental protection requirements in order to examine the
possibility of further reducing emission limit values for
noise and exhaust emissions.

(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 representative or,
if they do not fulfil their
obligations,
the person placing the product on the
market and/or putting it into service, should ensure that
the products covered by this Directive comply with
relevant essential requirements, when they are placed on
the market and/or put into service. Adequate procedures
should be laid down which provide a choice between
procedures with equivalent stringency. Those procedures
should comply with Council Decision 93/465/EEC of 22
July 1993 concerning the modules for the various phases
of 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).

(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

(19) In order

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

the
functioning of

legislation,

(20) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
implementing powers
the exercise of
procedures
conferred on the Commission (4).

for

(21) It is necessary to provide for a transitional arrangement
enabling certain products complying with the national
rules in force on the date of entry into force of this
Directive to be placed on the market and put into service,

(2) OJ L 59, 27.2.1998, p. 1. Directive as amended by Commission

Directive 2001/63/EC (OJ L 227, 23.8.2001, p. 41).

(3) OJ L 36, 9.2.1988, p. 33. Directive as last amended by Commission

Directive 2001/27/EC (OJ L 107, 18.4.2001, p. 10).

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

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

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HAVE ADOPTED THIS DIRECTIVE:

Article 1

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

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

(ii) canoes and kayaks, gondolas and pedalos;

1. Article 1 shall be replaced by the following:

(iii) sailing surfboards;

‘Article 1

Scope and definitions

1.

This Directive shall apply:

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

(i) recreational craft and partly completed boats;

(ii) personal watercraft;

(iii) components referred to in Annex II when placed
on the Community market separately and when
intended for installation;

(b) with regard to exhaust emissions, to:

(i) propulsion

engines which

specifically intended for
recreational craft and personal watercraft;

are

installed
installation on or

or
in

(ii) propulsion engines installed on or in these craft
that are subject to a “major engine modification”;

(c) with regard to noise emissions, to:

(i) recreational craft with stern drive engines without
integral exhausts or inboard propulsion engine
installations;

(ii) recreational craft with stern drive engines without
integral exhausts or with inboard propulsion
installations which are subject to a major craft
conversion and subsequently placed on the
Community market;

(iii) personal watercraft;

(iv) outboard engines and stern drive engines with
installation on

intended for

integral
exhausts
recreational craft;

(d) for products falling under

the
provisions of this Directive shall only apply from the
first placing on the market and/or putting into service
after the date of entry into force of this Directive.

(b) and (c),

(a)(ii),

(iv) surfboards, including powered surfboards;

(v) original historical craft and individual replicas
thereof
built
predominantly with the original materials and
labelled as such by the manufacturer;

designed

before

1950,

(vi) experimental craft, provided that they are not
subsequently placed on the Community market;

(vii) craft built for own use, provided that they are
subsequently placed on the Community

not
market during a period of five years;

passengers

commercial

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

1982
for

laying

(ix) submersibles;

(x) air cushion vehicles;

(xi) hydrofoils;

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

(i) propulsion

engines

installed

or

specifically

intended for installation on the following:

— craft intended solely for racing and labelled as

such by the manufacturer,

— experimental craft, provided that they are not
the Community

placed

on

subsequently
market,

— craft specifically intended to be crewed and to
for commercial purposes,
in
to paragraph 3(a),
Directive
defined
the number of
regardless of

carry passengers
without prejudice
those
particular
82/714/EEC,
passengers,

in

The following shall be excluded from the scope of

2.
this Directive:

— submersibles,

— air cushion vehicles,

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

— hydrofoils;

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(ii) original

and individual

replicas of historical
propulsion engines, which are based on a
pre-1950 design, not produced in series and
fitted on craft referred to in paragraph 2(a)(v);

(iii) propulsion engines built

for own use provided
that
they are not subsequently placed on the
Community market during a period of five years;

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

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

— craft built for own use, provided that they are not
subsequently placed on the Community market
during a period of five years.

For the purposes of this Directive the following defi-

3.
nitions shall apply:

(a) “recreational craft”: any boat of any type intended for
sports and leisure purposes of hull 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 Community market for recreational purposes;

(b) “personal watercraft”: 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) “propulsion engine”:

internal

spark or

compression
any
combustion
for
engine
ignition,
propulsion purposes,
including 2-stroke and 4-stroke
inboard, stern-drive with or without integral exhaust
and outboard engines;

used

(d) “major engine modification”: the modification of an

engine which:

— 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

— increases the rated power of the engine by more

than 15 %;

(e) “major craft conversion”: a conversion of a craft which:

— changes the means of propulsion of the craft,

— involves a major engine modification,

— alters

the craft
considered a new craft;

to such an extent

that

it

is

(f)

“means of propulsion”:
which the
is driven,
propellers or waterjet mechanical drive systems;

the mechanical method by
in particular marine

craft

(g) “engine family”: 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) “manufacturer”: 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
on his own behalf;

(i)

“authorised representative”: 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.

___________
(*) OJ L 301, 28.10.1982, p. 1. Directive as amended by

the 1994 Act of Accession.’

2. Article 4 shall be replaced by the following:

‘Article 4

Free movement of the products referred to in Article
1(1)

1. Member States shall not prohibit, restrict or impede
the placing on the market and/or putting into service in
their
territory of products referred to in Article 1(1)
bearing the CE marking referred to in Annex IV, which
indicates their conformity with all the provisions of this
Directive, including the conformity procedures set out in
Chapter II.

2. Member States shall not prohibit, restrict or impede
the placing on the market of partly-completed boats where
the builder or his authorised representative established in
the Community or the person responsible for the placing
on the market declares, in accordance with Annex IIIa, that
they are intended to be completed by others.

3. Member States shall not prohibit, restrict or impede
the placing on the market and/or putting into service of
components referred to in Annex II and bearing the CE
marking referred to in Annex IV which indicates their
conformity with the
requirements
relevant
where these components are accompanied by a written
declaration of conformity as provided for in Annex XV
and are intended to be incorporated into recreational
craft,
in accordance with the declaration, referred to in
Annex IIIb, of the manufacturer, his authorised represen-
tative established in the Community or,
in the case of
imports from a third country, of any person who places
those components on the Community market.

essential

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4. Member States shall not prohibit, restrict or impede
the placing on the market and/or putting into service of:

p. 33). Directive as last amended by Commission
Directive 2001/27/EC (OJ L 107, 18.4.2001, p. 10).’

— inboard engines and stern drive propulsion engines

without integral exhaust;

— engines

type-approved

to Directive
97/68/EC (*) which are in compliance with stage II
provided for in section 4.2.3 of Annex I
to that
Directive and of;

according

— engines

type-approved

according

to Directive

88/77/EEC (**),

where the manufacturer or his authorised representative
in accordance
established in the Community declares
with Annex XV.3 that the engine will meet the exhaust
emission requirements of this Directive, when installed in a
recreational craft or personal watercraft in accordance with
the manufacturer's supplied instructions.

At

the products

5.
trade fairs, exhibitions, demonstrations, etc.,
Member States shall not create any obstacles to the
showing of
referred to in Article 1(1)
which do not comply with this Directive, provided that
a visible sign clearly indicates that such products may not
be marketed or put into service until they have been made
to comply.

6. Where the products referred to in Article 1(1) are
subject
to other Directives covering other aspects and
which provide for the affixing of the CE marking, the
latter shall indicate that such products are also presumed
to conform to the provisions of those other Directives. The
CE marking shall indicate conformity with the applicable
Directives or
the
particulars of the said Directives applied by the manu-
facturer,
the
European Communities, must be given in the documents,
declaration of conformity or instructions required by the
Directives and accompanying such products.

as published in the Official

relevant parts thereof.

In this case,

Journal

of

___________
(*) Directive 97/68/EC of the European Parliament and of
the Council of 16 December 1997 on the approxi-
mation of the laws of the Member States relating to
measures
and
combustion
particulate
engines
non-road mobile
machinery (OJ L 59, 27.2.1998, p. 1). Directive as
amended by Commission Directive 2001/63/EC (OJ
L 227, 23.8.2001, p. 41).

emission of gaseous
from internal
in

the
pollutants

installed

against

be

to

(**) Council Directive 88/77/EEC of 3 December 1987 on
the approximation of the laws of the Member States
the
relating to the measures to be taken against
emission of gaseous and particulate pollutants from
compression ignition engines for use in vehicles, and
the emission of gaseous pollutants from positive
ignition engines fuelled with natural gas or liquefied
petroleum gas for use in vehicles (OJ L 36, 9.2.1988,

3. the following Article shall be inserted:

‘Article 6a

Committee procedure

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 and Annex
I.C.1 excluding direct or indirect modifications to exhaust
shall be adopted by the
or noise emission values,
Commission assisted by the Standing Committee set up
pursuant
regulatory
committee in accordance with the procedure referred to
in paragraph 2. Issues to be dealt with shall include the
reference fuels, the standards to be used for exhaust and
noise emissions testing and revision of the Froude and P/D
ratio values.

to Article 6(3),

acting

as

a

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply, having regard
to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision
1999/468/EC shall be set at three months.

3.

The Committee shall adopt its rules of procedure.’;

4. the first subparagraph of Article 7(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 designed,
installed where appropriate, maintained and
constructed,
used in accordance with their
intended purpose may
endanger the safety and health of persons, property or
take all appropriate interim
the environment,
measures to withdraw them from the market or prohibit
or restrict their being placed on the market and/or put into
service.’;

it shall

5. Article 7(3) shall be replaced by the following:

referred to in
‘3. Where a non-complying product
Article 1 bears
appropriate
the CE marking,
measures shall be taken by the Member State which has
authority over whomsoever affixed the marking;
that
Member State shall
inform the Commission and the
other Member States thereof.’;

the

6. Article 8 shall be replaced by the following:

‘Article 8

1.
Before placing on the market, and/or putting into
service, products referred to in Article 1(1) the manu-
facturer or his
established
within the Community
the procedures
referred to in paragraphs 2, 3 and 4 of this Article.

authorised representative

apply

shall

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if neither

In the case of post-construction assessment for recreational
craft,
the manufacturer nor his authorised
representative established within the Community fulfils
the responsibilities for the product's conformity to this
Directive, these can be assumed by any natural or legal
person established within the Community who places the
product on the market, and/or puts it into service, under
his own responsibility. In such a case, the person who
places the product on the market or puts it into service
must lodge an application for a post-construction report
with a notified body. The person who places the product
on the market and/or puts it into service must provide the
notified body with any available document and technical
file referring to the first placing on the market of the
product in the country of origin. The notified body shall
examine the individual product and carry out calculations
and other assessment to ensure its equivalent conformity
with the relevant requirements of the Directive.
In this
case, the builder's plate described in Annex I, 2.2 shall
include the words “(Post-construction certificate)”. The
notified body shall draw up a report of conformity
concerning the assessment carried out and shall
inform
the person who places the product on the market and/or
puts it into service of his obligations. That person shall
draw up a declaration of conformity (see Annex XV) and
affix, or cause to be affixed, the CE mark accompanied by
the distinguishing number of the relevant notified body on
the product.

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
for boat design
shall apply the following procedures
categories A, B, C and D as referred to in section 1 of
Annex I.A:

(a)

for categories A and B:

length: the
(i) for boats from 2,5 m to 12 m hull
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 conformity to type (module C)
referred to in Annex VIII, or any of the following
modules: B + D, or B + E, or B + F, or G or H;

tests

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

(b) for category C:

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

— 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
(module Aa)
production control plus

tests

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

— 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
described in Annex VII,
supplemented by
conformity to type (module C) referred to in
Annex VIII, or any of the following modules:
B + D, or B + E, 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
followed by conformity to type (module C)
referred to in Annex VIII, or any of the following
modules: B + D, or B + E, or B + F, or G or H;

(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 conformity to type (module C) referred to
in Annex VIII, or any of the following modules: B + D,
or B + E, or B + F or G or H;

(d) for personal watercraft:

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

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

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:

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(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

the

and

Froude

number

power
displacement ratio method is used for assessment:
either 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 unit
verification (module G)
referred to in Annex XI, or full quality assurance
(module H) referred to in Annex XII;

internal production control

(iii) where certified reference boat data, established in
accordance with point (i), is used for assessment:
either
(module 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;

(b) for products referred to in Article 1(1)(c)(iii) and (iv),
the personal watercraft/engine manufacturer or his
authorised
the
internal production control
Community shall apply:
plus
referred to in
supplementary
Annex VI (module Aa) or module G or H.

representative

requirements

established

in

___________
(*) EN ISO 14509: 2000.’

7. Article 10(1),
following:

(2) and (3)

shall be replaced by the

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

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

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

(c) stern drive engines with integral exhaust 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
stern drive engines with integral exhaust as in point 1.1 of
Annex I.B.

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

The affixing of markings or inscriptions on products
3.
covered by this Directive which are likely to mislead third
parties with regard to the meaning or the form of the CE
marking shall be prohibited. Any other markings may be
affixed to products covered by this Directive and/or on
their packaging provided that the visibility and legibility
of the CE marking is not thereby reduced.’;

8. Annex I is hereby amended as follows:

1. the heading shall be replaced by the following:

‘ANNEX I

ESSENTIAL REQUIREMENTS

preliminary observation

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

A. ESSENTIAL SAFETY REQUIREMENTS FOR THE

DESIGN AND CONSTRUCTION OF CRAFT.’;

2. The table under ‘1. BOAT DESIGN CATEGORIES’ shall be

replaced by the following:

‘Design category

Wind force
(Beaufort scale)

Significant wave height
(H 1/3, metres)

A — “Ocean”

exceeding 8

exceeding 4

B — “Offshore”

C — “Inshore”

D — “Sheltered

waters”

up to, and
including, 8

up to, and
including, 6

up to, and
including, 4

up to, and
including, 4

up to, and
including, 2

up to, and
including, 0,3’

3. the definition of Boat Design Category A shall be

replaced by the following:

‘A. Ocean: Designed for extended voyages where
conditions may exceed wind force 8 (Beaufort
scale) and significant wave heights of 4 m and
above but excluding abnormal conditions, and
vessels largely self-sufficient’;

4. the definition of Boat Design Category D shall be

replaced by the following:

‘D. Sheltered waters — Designed for voyages on
sheltered coastal waters, small bays, small lakes,
rivers and canals when conditions up to, and
including, wind force 4 and significant wave
heights up to, and including, 0,3 m may be
experienced, with occasional waves of 0,5 m
maximum height,
from passing
vessels.’;

for example

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5. the last subparagraph under section 1.

‘Boat design

categories’ shall be replaced by the following:

type of
ventilated.

fuel. All

tank spaces

shall be

‘Craft
in each Category must be designed and
constructed to withstand these parameters in respect
of stability, buoyancy, and other relevant essential
requirements listed in Annex I, and to have good
handling characteristics.’;

Petrol fuel shall be kept in tanks which do not
form part of the hull and are:

(a)

insulated from the engine compartment
and from all other source of ignition;

6. the text under section 2. ‘General requirements’ shall

be replaced by the following:

(b) separated from living quarters;

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

fuel may be kept

Diesel
integral with the hull.’;

in tanks that are

7.

in section 2.1:

(a) the title should read as follows:

‘Craft

identifi-

cation’;

(b) the introductory wording shall read as follows:

‘Each craft shall be marked with an identification
number including the following information:’;

8.

in section 2.2 ‘Builder's plate’, the fourth indent shall
read as follows:

‘— manufacturer's maximum recommended load
derived from section 3.6 excluding the weight
of the contents of the fixed tanks when full’;

9.

in section 3.6 ‘Manufacturer's maximum recom-
mended load’ the following words shall be deleted:

‘. . ., as marked on the builder's plate, . . .’;

10. the following section shall be added in section 5

‘Installation requirements’:

‘5.1.5. Personal watercraft running without driver.

Personal watercraft shall be designed either
with an automatic engine cut-off or with an
automatic device to provide reduced speed,
circular, forward movement when the driver
dismounts deliberately or falls overboard.’;

11. section 5.2.2 shall be replaced by the following:

‘5.2.2.

Fuel tanks

Fuel tanks,
lines and hoses shall be secured
and 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

12. section 5.6.2 shall be replaced by the following:

‘5.6.2.

Fire-fighting equipment

shall be

Craft
supplied with fire-fighting
equipment appropriate to the fire hazard, or
the position and capacity of
fire fighting
equipment appropriate to the fire hazard
shall be indicated. The craft shall not be put
into service until the appropriate fire fighting
engine
equipment
enclosures shall be protected by a fire extin-
guishing system that avoids the need to open
fire. Where
the enclosure in the event of
fitted, portable fire extinguishers
shall be
readily accessible and one shall be so posi-
tioned that it can easily be reached from the
main steering position of the craft.’;

Petrol

place.

in

is

13. section 5.8 shall be replaced by the following:

‘5.8. Discharge prevention and installations facilitating

the delivery ashore of waste

Craft shall be constructed so as to prevent the
accidental discharge of pollutants (oil, fuel, etc.)
overboard.

Craft fitted with toilets shall have either:

(a) holding tanks, or

(b) provision to fit holding tanks.

Craft with permanently installed holding tanks
fitted with a standard discharge
shall be
reception
connection to enable pipes of
facilities
craft
discharge pipeline.

connected with the

to be

In addition, any through-the-hull pipes
for
human waste shall be fitted with valves which
are capable of being secured in the closed
position.’;

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14. the following parts shall be added:

‘B. ESSENTIAL REQUIREMENTS

FOR EXHAUST

EMISSIONS FROM PROPULSION ENGINES

Propulsion
following
emissions.

engines
essential

comply with

shall
requirements

the
exhaust

for

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
life of the
fixing is durable for the normal
engine,
cannot be
removed without destroying or defacing
them.

labels/plates

and the

1.

ENGINE IDENTIFICATION

1.1. Each engine shall be clearly marked with the

following information:

— engine manufacturer's

trademark

or

trade-name,

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.

— engine type, engine family, if applicable,

2.

EXHAUST EMISSION REQUIREMENTS

— a unique engine identification number,

— CE marking, if required under Article 10.

be

shall

engines

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

in normal

installed

Table 1

Carbon Monoxide
CO ¼ A þ B=Pn
N
g/kWh

Hydrocarbons
HC ¼ A þ B=Pn
N
g/kWh

A

B

n

A

B

n

Nitrogen
oxides
NOx
g/kWh

150,0

600,0

1,0

30,0

100,0

0,75

10,0

150,0

600,0

1,0

5,0

0

0

6,0

1,5

50,0

0,75

15,0

2,0

0,5

9,8

1,0

Particulates
PT g/kWh

Not
applicable

Not
applicable

Type

Two-stroke
spark ignition

Four-stroke
spark ignition

Compression
ignition

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.

fuels

to be used for

The reference
the
emissions test for engines fuelled with petrol
and diesel shall be as specified in Directive
98/69/EC (Annex IX, Tables 1 and 2), and
fuelled with Liquefied
for
those
Petroleum Gas
specified in Directive
98/77/EC.

engines
as

3.

DURABILITY

and

installation

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

life of

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of

use

testing,

by
based
and by
fatigue so that

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

cycles,

on

The normal life of the engine is considered to
mean:

(a)

inboard or stern drive engines with or
without integral exhaust: 480 hours or
10 years, whichever occurs first;

(b) personal watercraft engines: 350 hours or

5 years, whichever occurs first;

(c) outboard engines: 350 hours or 10 years,

whichever occurs first.

4. OWNER'S MANUAL

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

(a) provide instructions for the installation
and maintenance needed to assure the
to
proper
meet
the requirements of paragraph 3,
(Durability);

functioning of

engine

the

(b) specify the power of

measured
harmonised standard.

in

the engine when
the

accordance with

shall not exceed the limit values
following table:

in the

Table 2

Single Engine Power
In kW

Maximum Sound Pressure
Level = LpASmax
In dB

PN £ 10

10 < PN £ 40

PN > 40

67

72

75

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
consisting of outboard-engines or stern-drive
engines with integral exhaust an allowance of
3 dB may be applied.

1.2. As an alternative to sound measurement tests,
recreational craft with inboard engine config-
uration or stern drive engine configuration,
integral exhaust, shall be
with or without
deemed
noise
comply with
requirements if they have a Froude number
of £ 1.1 and a power displacement ratio of
£ 40 and where the engine and exhaust
system are installed in accordance with the
engine manufacturer's specifications.

these

to

1.3. “Froude number”

shall be

calculated by
dividing the maximum boat speed V (m/s.)
by the square root of the waterline length
lwl
(m.) multiplied by a given gravitational
constant, (g ¼ 9,8 m=s2)

C. ESSENTIAL
EMISSIONS

REQUIREMENTS

FOR

NOISE

Fn ¼

V
ﬃﬃðp g:lwlÞ:

stern drive
Recreational craft with inboard or
engines without
personal
integral
watercraft and outboard engines and stern drive
engines with integral exhaust shall comply with
the following essential
for noise
emissions.

requirements

exhaust,

1.

NOISE EMISSION LEVELS

1.1. Recreational craft with inboard or stern drive
integral exhaust, personal
engines without
watercraft and outboard engines and stern
drive engines with integral exhaust shall be
designed, constructed and assembled so that
noise emissions measured in accordance with
tests defined in the harmonised standard (**)

“Power displacement ratio” shall be calculated
by dividing the engine power P (kW) by the
boat's displacement DðtÞ ¼ P
D.

1.4. As

to

tests,

further

alternative
sound
a
measurement
recreational craft with
inboard or stern drive engine configurations
without integral exhaust, shall be deemed to
comply with these noise requirements if their
key design parameters are the same as or
compatible with
certified
those
reference boat to tolerances specified in the
harmonised standard.

of

a

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1.5. “Certified reference boat” shall mean a specific
combination of hull/inboard engine or stern
drive engine without integral exhaust that has
been found to comply with the noise
emission requirements, when measured in
accordance with section 1.1, and for which
all appropriate key design parameters and
sound
been
included subsequently in the published list
of certified reference boats.

level measurements

have

equivalent calculation or control shall be carried out by
the manufacturer or on his behalf:

(a) test of stability according to section 3.2 of

the

Essential Requirements (Annex IA);

(b) test of buoyancy characteristics according to section
3.3 of the Essential Requirements (Annex IA).

2. OWNER'S MANUAL

Provisions common to both variations:

For recreational craft with inboard engine or
stern drive engines with or without integral
exhaust and personal watercraft, the Owner's
Manual required under Annex I.A Section 2.5,
to
information
shall
maintain the craft and exhaust system in a
condition that,
insofar as is practicable, will
ensure compliance with the specified noise
limit values when in normal use.

necessary

include

necessary

For outboard engines,
the Owner's Manual
required under Annex I.B.4 shall provide
instructions
the
outboard engine in a condition, that insofar
as is practicable, will ensure compliance with
the specified noise limit values when in
normal use.

to maintain

___________
(*) EN ISO 8178-1: 1996.
(**) EN ISO 14509: 2000.’

9. Section 4 of Annex II shall read as follows:

‘4. Fuel

tanks intended for fixed installations and fuel

hoses.’;

10. Annex VI shall be replaced by the following:

‘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,

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 without
integral exhaust 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 manu-
facturer, or on his behalf, under the responsibility of a
notified body chosen by the manufacturer.

For outboard engines and stern drive engines with
integral exhaust:

On one or several engines of each engine family repre-
senting 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.’;

11. the following point shall be added to Annex VIII:

‘4. With regard to the assessment of conformity with the
exhaust emission requirements of this Directive and if
the manufacturer is not working under a relevant
quality system as described in Annex XII, a notified
body chosen by the manufacturer may 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
following
the manufacturer,
by
procedure shall be used:

the

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If

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
manufacturer's specifications.
the specific exhaust
emissions of the engine taken from the series exceed
the limit values according to Annex I.B, the manu-
facturer 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
the sample of engines defined above with the
of
requirements of the Directive, the statistical method
described in Annex XVII shall be applied.’;

12. the following subparagraph shall be added to section 5.3

in Annex X:

(f)

reports, or

calculations namely on stability
test
according to section 3.2 of the Essential Requirements
and on buoyancy according to section 3.3 thereof
(Annex I.A),

(g) exhaust

emissions

compliance with
Requirements (Annex I.B),

test
section

reports
of
2

demonstrating
Essential
the

(h) sound emissions test reports or reference boat data
demonstrating compliance with section 1 of
the
Essential Requirements (Annex I.C).’;

14. point 1 of Annex XIV shall be replaced by the following:

‘For
the assessment of conformity with the exhaust
emission requirements, the procedure defined in Annex
XVII shall be applied.’;

‘1.

13. Annex XIII shall be replaced by the following:

‘ANNEX XIII

TECHNICAL DOCUMENTATION SUPPLIED BY THE MANU-
FACTURER

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,
these
nor the authorised representative of any of
involved
parties. They shall not become
either
directly or as authorised representatives
in the
design, construction, marketing or maintenance of
the said products. This does not preclude the possi-
bility of exchanges of technical information between
the manufacturer and the body.

The technical documentation referred to in Annexes V, VII,
VIII, IX, XI and XVI must comprise all relevant data or
that
the manufacturer
means used by
components
essential
craft
or
requirements relating to them.

to ensure
the

comply with

The technical documentation shall enable understanding of
the design, manufacture and operation of the product, and
shall
the
requirements of this Directive.

conformity with

assessment

enable

of

1a. A notified body must be independent and must not
be controlled by the manufacturers or by suppliers.’;

15. Annex XV shall be replaced by the following:

‘ANNEX XV

WRITTEN DECLARATION OF CONFORMITY

The documentation shall contain so far as relevant for
assessment:

1. The written declaration of conformity to the provisions

of the Directive must always accompany:

(a) a general description of the type,

(b) conceptual design and manufacturing drawings and
schemes of components, sub-assemblies, circuits, etc.,

(c) descriptions and explanations necessary for the under-
said drawings and schemes and the

standing of
operation of the product,

(d) 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,

(e) results of design calculations made, examinations

carried out, etc.,

(a) the recreational craft and the personal watercraft
and must be included with the owner's manual
(Annex I.A section 2.5),

(b) 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 (*):

(a) name and address of the manufacturer or his auth-
the

representative

established

in

orised
Community (**),

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(b) description of the product defined in point 1 (***),

(c) references to the relevant harmonised standards
used, or references to the specifications in relation
to which conformity is declared,

(d) where appropriate,

the references of

the other

Community Directives applied,

(e) where appropriate, reference to the EC type-exam-

ination certificate issued by a notified body,

(f) where appropriate, the name and address of the

2.

notified body,

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
the
accompanied by the identification symbol of
as
surveillance
responsible
notified
specified in point 4.

body

for

The manufacturer must operate an approved quality
system for final product inspection and testing as
specified in point 3 and must be subject
to
surveillance as specified in point 4.

(g)

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 engines and stern drive propulsion engines

without integral exhaust,

— engines

type-approved

to Directive
97/68/EC which are in compliance with stage II
provided for in section 4.2.3 of Annex I of the
latter Directive, and

according

— engines

type-approved

according

to Directive

88/77/EEC,

the declaration of conformity shall include in addition
to the information of point 2, a statement of the manu-
facturer that the engine will meet the exhaust emission
this Directive, when installed in a
requirements of
in accordance with the manu-
recreational
this engine
facturer's supplied instructions and that
must not be put
the recreational
into service until
craft into which it is to be installed has been declared
in conformity,
relevant
provision of the Directive.

so required, with the

craft,

if

___________

(*) And be drawn up in the language(s) as provided for

under section 2.5 of Annex I.A.

(**) Business name and full address;

the authorised
representative must also give the business name
and address of the manufacturer.

(***) Description of

the product make,

type,

serial

number, where appropriate.’

16. the following Annexes shall be added:

‘ANNEX XVI

PRODUCT QUALITY ASSURANCE

(Module E)

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:

— all relevant information for the product category

envisaged,

— the quality system's documentation,

— if applicable, the technical documentation of the
approved type and a copy of the EC type-exam-
ination certificate.

standard(s)

3.2. Under the quality system, each product must be
examined and appropriate tests as set out in the
referred to in Article 5 or
relevant
equivalent
in order to
tests shall be carried out
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
and
form of written policies, procedures
instructions. This quality system documentation
the
must ensure a common understanding of
quality programmes, plans, manuals and records.

It must contain in particular an adequate description
of:

— the quality objectives and the organisational
the

responsibilities and powers of
structure,
management with regard to product quality,

1.

This module describes the procedure whereby the
manufacturer who satisfies the obligations of point

— the examinations and tests that will be carried

out after manufacture,

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— the means to monitor the effective operation of

the quality system,

— 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
the requirements
it

satisfies

determine whether
referred to in point 3.2.

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

implement

that

The auditing team must have at least one member
tech-
experienced as an assessor in the product
nology 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 obli-
gations 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 point 3.2 or whether a re-assessment is required.

It must notify its decision to the manufacturer. The
the
notification must contain the conclusions of
examination 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.

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:

— the quality system documentation,

— the quality records, such as inspection reports
calibration data, qualification

and test data,
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
it must
of
provide the manufacturer with a visit report and, if
a test has been carried out, with a test report.

the quality system where necessary;

5.

The manufacturer must, for a period ending at least
10 years after the last product has been manu-
factured, keep at the disposal of the national auth-
orities:

— the documentation referred to in the third 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, 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.

ANNEX XVII

CONFORMITY OF
EXHAUST AND NOISE EMISSIONS

PRODUCTION ASSESSMENT FOR

1. For verifying the conformity of an engine family, a
sample of engines is taken from the series. The manu-
in
facturer shall decide the size (n) of
agreement with the notified body.

the sample,

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 (“pass decision”) if the following
condition is met:

X + k . S £ L

S is standard deviation, where:

S2 ¼ Pðx (cid:5) XÞ2=ðn (cid:5) 1Þ

— the technical documentation,

X = the arithmetical mean of the results

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x = the individual results of the sample

n = the number of engines in the sample

L = the appropriate limit value

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

p
If n ‡ 20 then k ¼ 0,860= ﬃﬃﬃn
’.

Article 2

(a) until 31 December 2004 for the products falling under

By 31 December 2005 the Commission shall submit a report
on the possibilities of further reducing emissions from products
referred to in Article 1(1) and consider the need to revise the
boat design categories.
the
Commission shall by 31 December 2006 submit appropriate
proposals to the European Parliament and the Council on more
stringent requirements and emissions values, and the creation
of a supplementary boat design category. The Commission
shall in the light of the experience gained take account of:

In the light of

report,

this

(a) the need to further reduce emissions of air pollutants and
protection

environment

to meet

order

in

noise
requirements;

(b) the possible benefits of a system for ‘in-use compliance’;

(c) the availability of cost efficient techniques for controlling

emissions;

(d) the need to reduce evaporation and spill of fuel;

(e) the possibility to agree on international standards for

exhaust and noise emissions;

(f) possible simplifications of
assessment procedures.

the system for conformity

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 by 30 June 2003.
They shall immediately inform the Commission thereof.

Article 1(1)(a);

(b) until 31 December 2004 for compression ignition and

4-stroke spark ignition engines; and,

(c) until 31 December 2005 for 2-stroke spark ignition

engines.

3. When Member States adopt the measures referred to in
paragraph 1, they shall contain a reference to this Directive or
shall be accompanied by such reference on the occasion of
their official publication. The methods of making such
reference shall be laid down by Member States.

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

Member States shall determine the penalties applicable to
breaches of the national provisions adopted pursuant to this
Directive. The penalties shall be effective, proportionate and
dissuasive.

Article 5

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

Article 6

This Directive is addressed to the Member States.

Member States shall apply such measures as from 1 January
2004.

Done at . . .

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:

For the European Parliament

The President

For the Council

The President

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 12 October 2000, the Commission presented its 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 (1). The
proposal was based on Article 95 of the Treaty.

2. The European Parliament gave its opinion on 5 July 2001 (2).

The Economic and Social Committee gave its opinion on 28 March 2001 (3).

3. On 29 October 2001, the Council reached a political agreement (4) with a view to adopting a

common position in accordance with Article 251(2) of the Treaty.

4. It adopted its common position on the 22 April 2002 as set out in document 15546/02/01 REV 2

ENV 680 ENT 266 CODEC 1402.

II. OBJECTIVE

The aim of the proposed amendment to Directive 94/25/EC is to include harmonised provisions for
limiting exhaust and noise emissions by engines installed on recreational craft. Therefore limits for the
exhaust emissions of carbon monoxide, hydrocarbons, nitrogen oxides and particulate pollutants have
been laid down, as well as limits on noise emissions depending on power rating, type of engine and
installation. The proposed measure lays down essential requirements in line with the objectives of the
free movement of goods in the internal market and the protection of human health and the
environment, at the same time respecting the competencies of Member States in the same areas.
During the deliberations in Council, efforts were made to clarify the scope of the directive more
precisely in order to avoid unnecessary burdens on individuals or smaller manufacturers. In order to
facilitate the efficient functioning of legislation, the issue of assistance to the Commission by a Regu-
latory Committee (Art. 1(4) of the proposed directive) has been introduced. Furthermore, the possi-
bilities for Member States to apply stricter standards regarding the use of certain types of boats are
being maintained.

III. ANALYSIS OF THE COMMON POSITION AS SET OUT IN DOC. 15546/01 REV 1 ENV 680 ENT 266

CODEC 1402

1.

GENERAL

The common position maintains the approach proposed by the Commission, but takes on board
some of the amendments adopted by the European Parliament. Some of those amendments had
also already been accepted by the Commission in its modified proposal (COM(2001) 636).

This approach is justified, because some modifications are of a technical nature or intended to
clarify certain issues related to Directive 94/25/EC (e.g. Article 1(6) modifying Article 8 (2)(a)(i)).
Others deal with exhaust gas and noise emissions but for example aim to avoid unnecessary
restrictions on boats intended for personal use and not put on the Community market (Article
1(1) sub-paragraph 2 lit.(c)). In some cases, provisions have been clarified in order to take account
of the latest technical developments.

(1) OJ C 62 E, 27.2.2001, p. 139.
(2) OJ C 65 E, 14.3.2002, p. 321.
(3) OJ C 155, 29.5.2001, p. 1.
(4) OJ C . . .

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2.

EP AMENDMENTS

The Council has accepted several of the 42 European Parliament amendments and incorporated
them into the current text (1). Some of them have been accepted in substance, with a slightly
different wording. Some other amendments have not been accepted by the Council.

2.1. The following European Parliament amendments were already accepted and integrated

into the Council text (doc. 15546/01 REV 1 ENV 680 ENT 266 CODEC 1402)

Amendment 1/recital 10:

A reference to ‘partly completed’ craft would be confusing and was therefore deleted.

Amendment 6/Article 1(1) sub-paragraph 1 lit. (c)

See reason referred to under amendment 1.

Amendment 8/Article 1(1) sub-paragraph 1 lit. (c)

The distinction into two types of stern drive engines and the further clarification of the technical
provisions are in accordance with the objectives of the directive.

Amendment 13/Article 1(1) sub-paragraph 3 lit. (e)

The European Parliament amendment serves the clarification objective and is in accordance with
the spirit of the original Commission proposal.

Amendment 14/Article 1(5) mod. Art. 8(2)(a), now Article 1(6) mod. Art. 8(2)(a)

The amendment consists of an editorial improvement and clarifies the issues.

Amendment 17/Article 1(5) mod. Art. 8(2)(d); now Article 1(6) mod. Art. 8(2)(d)

The possible use of the same modules for certain boat builders (design categories C and D) and
personal watercraft manufacturers is justified. It helps to avoid unnecessary burden for some small
producers and is generally in accordance with the ‘new approach’ of enhanced responsibility for
the manufacturers.

Amendment 18/Article 1(5) mod. Art. 8(4)(a); now Article 1(6) mod. Art. 8(4)(a)

The amendment has as its objective the simplification of testing procedures. It can serve the
purpose of alleviating the compliance cost for small boat builders producing low speed craft.
The simplified provision follows a similar logic as applied in amendment 35.

Amendment 23/Annex A Point 2; now: Article 1(8) sub-paragraph 5

The substance of this amendment has been taken up as serving the purpose of clarification.

Amendment 28/Annex A Point 5; now: Article 1(8) sub-paragraph 9

This amendment was accepted as providing a useful adaptation of the text to recent technical
developments.

Amendment 29/Annex A Point 6, now: Article 1(8) sub-paragraph 12, B.2, Table 1

This amendment was accepted as an editorial correction.

(1) Amendments 19, 25, 26, 32, 47, 49 and 50 did not receive a favourable vote in the European Parliament.

Amendment 27 was not put to a vote in European Parliament.

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Amendment 33/Annex A Point 6, now: Article 1(8) sub-paragraph 12, C

The amendment clarifies the text and is in line with the substance of the Commission proposal.

Amendment 34/Annex A Point 6, now: Article 1(8) sub-paragraph 12, C.1.1

See reason referred to under amendment 33.

Amendment 35/Annex A Point 6, now: Article 1(8) sub-paragraph 12, C.1.2

The insertion of a new point C 1.2. serves the objective of alleviating the conformity assessment
requirements for small-size manufacturers. The amendment makes things less difficult and
expensive and can therefore be accepted. It follows a logic similar to amendment 18.

Amendment 36/Annex A Point 6, now: Article 1(8) sub-paragraph 12, C.1.3

The insertion of a new point C 1.3. is in line with the objective of simplifying procedures and
follows the same logic as referred to with regard to amendment 35.

Amendment 41/Annex B Point B, now: Article 1(10), Point B

This amendment follows the distinction into two types of stern drive engines and has therefore
been accepted.

2.2. The following European Parliament amendments have been introduced with modifications

to the suggested wording:

Amendment 2/Recital 11

The amendment as such would constitute a legal obligation, which is not apt for a recital. The
Council therefore preferred a different wording.

Amendment 3/Insertion of a recital 11a

The issue of encouraging more environment-friendly techniques has been acknowledged in
substance and taken up in the more detailed and all-encompassing Article 2. A special recom-
mendation for EU-wide measures in a certain field (biodegradable lubrication oils) in a recital was
therefore not considered as being necessary or representing legally binding progress.

Amendment 5/Article 1(1); sub-paragraph 1; lit. (b) (now: new sub-paragraph 1 lit. (d))

The substance of this amendment has been integrated by inserting a new sub-paragraph 1(d) in
order to clarify the scope of the provisions.

Amendment 7/Article 1(1); sub-paragraph 1; lit. (c) (now: new sub-paragraph 1 lit. (d))

See reason referred to under amendment 5.

Amendment 10/Article 1(1); sub-paragraph 2 lit. (b)

The substance of this amendment has been dealt with by inserting a new second indent in
sub-paragraph 2 lit. (c). However, the exception can only refer to noise emissions, because the
responsibility for compliance testing for exhaust emissions lies with engine manufacturers and not
boat builders.

Amendment 12/Article 1(1); sub-paragraph 2 lit. (c)

The substance of crafts built for own use has been dealt with by inserting a new second indent in
sub-paragraph 2 lit. (c).

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Amendment 21/Article 2

The substance of this amendment has been dealt with through a complete re-draft of Article 2
incorporating the issue of future emission limits into a list for consideration by the Commission
following its report mentioned in the same article. The time frame set out by the European
Parliament has been accepted.

Amendment 22/Annex A Point 1a (new); now: Article 1(8) sub-paragraph 2

The issue of excluding extreme weather conditions has been taken up as a useful clarification with
slight modifications in the wording.

Amendment 24/Annex A Point 3; now: Article 1(8) sub-paragraph 6

The Council introduced this specification with a slight modification in the wording making things
more precise.

Amendment 39/Annex A Point 6; now: Article 1(9)

The reference to only fixed fuel tanks is justified in substance regarding the aspect of clarification.
The Council introduced a slightly modified wording.

Amendment 44/Article 1 Point 6; now: Article 1(7)

Although the deletion of the reference to ‘personal watercraft engines’ is justified in itself, the
Council has modified the text even further in order to reflect the integration of stern drive engines
with integral exhaust.

Amendment 46/Annex A Point 1a (new); now: Article 1(8) sub-paragraph 2 D. (new)

The question of a modified definition of boat design category D has been dealt with at expert level
and in the Council Working Group. In the end, the Council preferred a different wording, however
acknowledging most of the substance of the European Parliament amendment.

2.3. The following European Parliament amendments have not been accepted and are therefore

not incorporated into the Council text:

Amendment 4/Recital 19 (now recitals 19 and 20)

The Council supported the idea of a Regulatory Committee as presented in the original
Commission proposal in order to facilitate the task of keeping provisions in line with technical
progress. The amendment by the European Parliament to proceed without comitology could
therefore not be accepted.

Amendment 9/Article 1(1) sub-paragraph 2 lit. (a)

A general exclusion of steam-powered craft would change the scope of the directive considerably.
for personal use has now instead been dealt with in Article 1(1),
The issue of craft built
sub-paragraph 1 lit. (d).

Amendment 11/Article 1(1) sub-paragraph 2 lit. (b)

The European Parliament amendment would exclude even engines produced in series. It would
unduly extend the notion of replicas. In order to avoid any risk of market distortions, the Council
has preferred to stick to the substance of the Commission text.

Amendment 15/Article 1 (insertion of a new Point 2(a)

The directive does not aim at regulating the use of craft in specific inland waters. Special
restrictions on the use are subject to national legislation following the principle of subsidiarity.
The European Parliament amendment could therefore not be accepted.

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Amendment 16/Article 1(3)

See reason referred to under amendment 4.

Amendment 20/Article 2

This amendment would provide for rather detailed obligations regarding future Commission
proposals. The substance of future legislation has instead been taken care of by a thorough
re-drafting of Article 2 which now explicitly states that the Commission shall submit appropriate
proposals with regard to new stringent requirements in the light of its own report by the end of
2006.

Amendment 30/Annex A Point 6, now: Article 1(8) sub-paragraph 12 B.2

This amendment would introduce special requirements for lakes. The substance of this amendment
is not consistent with the overall harmonisation objective of this directive and might be better
taken care of by national legislation.

Amendment 31/Annex A Point 6, now: Article 1(8) sub-paragraph 12, B.2

The emission test reference fuels should be specified in the same Directive 98/69/EC both for
petrol and diesel engines. A special reference to a different directive should only be justified for
Liquefied Petroleum Gas. Thus, the European Parliament amendment has been rejected.

Amendment 37/Annex A Point 6; now: Article 1(8); sub-paragraph 12, Point C 2

The distinction into two types of stern drive engines is accepted as being in conformity with the
objective of the directive. However, with regard to the special aspect of the ‘Owners Manual’ the
Council has chosen a different assignment of requirements to the groups of engines.

Amendment 38/Annex A Point 6, new sub-paragraph mod. Annex II

The Council has preferred to maintain the original text, which means that ignition protected
equipment should also refer to diesel engines. The introduction of a new distinction could
therefore not be accepted.

Amendment 40/Annex A Point 6; new sub-paragraph, mod. Annex II

This amendment would constitute an enlarged interpretation of Directive 94/25/EC and cannot be
justified simply by referring to clarification. The Council therefore has preferred not to change the
original text.

Amendment 42/Annex D Point 3; now: Article 1(15) sub-paragraph 3:

The amendment has not been accepted, since it would change the substance of the Commission
proposal and introduce a different requirement for a manufacturer of stern drive engines.

Amendment 43/Recital 8

This amendment would contain a rather special reference to Member State legislation which is not
reflected anywhere in the Directive and would therefore not contribute to clarifying the issues. The
recitals should interpret EU legislation, but not deal in detail with issues outside the objective of
this Directive, i.e. harmonisation.

Amendment 45/Article 1 Point 6; now: Article 1(7)

A list of parts where the CE marking can be affixed and special provisions for inboard and stern
drive engines would complicate things in this part of the text, which only deals with accessory
marking. The European Parliament amendment has therefore not been accepted.

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Amendment 48/Annex A Point 6, C 1.1. Table 2; now: Article 1(8) C 1.1. Table 2:

The removal of the exception for twin engines and multiple engine units might lead to problems
in terms of technological implementation. Thus, the Council has preferred not to remove the
exception.

3. MOST IMPORTANT INNOVATIONS TO THE TEXT ADOPTED BY THE COUNCIL IN COMPARISON WITH

THE ORIGINAL COMMISSION PROPOSAL

Article 1(1), sub-paragraph 2, lit. (c)

Exception for craft built for own use

An exception for noise emissions regarding craft built for own use and not put on the Community
market simplifies issues and avoids high costs for individuals who should not face an unnecessary
burden.

Article 1(6)

Introduction of post construction assessment

This section has been introduced to allow for example a second-hand craft imported into the EU
the possibility of being assessed to the provisions of Directive 94/25/EC. At present this is not
possible and results in the contradiction of such craft being subject to the essential requirements of
the Directive but without an appropriate conformity assessment procedure.

Article 1(8); sub-paragraph 2

Definition of boat category D

This sub-paragraph now includes an amended definition of boat category D designed for ‘sheltered
waters’. This has been inserted, modifying the text of the political agreement.

Article 1(8), sub-paragraph 7

Provisions on fire fighting equipment

The harmonised provisions on fire fighting equipment have been strengthened and clarified in line
with the objectives of the Commission proposal.

Article 1(8) sub-paragraph 10; Point C 1.2

Simplification of testing for small-size manufacturers

In order to ease the burden for small-size manufacturer the reference boat procedure and the
relevant tests have been complemented by the alternative of applying simple limit values.

Article 2

More detailed list of possible items for future Commission proposals

The subject of constantly improving EU legislation in order to further reduce emissions and
increase environmental protection has been strengthened by inserting detailed points for
consideration in possible future Commission proposals. This was done in an article, thus giving
the issue additional weight compared to a recital.