Directive 2003/44/EC of the European Parliament and of the Council of 16 June 2003 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: 2003-06-16
Institutions: Council of the European Union, European Parliament
Subjects: pleasure craft, technical standard

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DIRECTIVE 2003/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 June 2003

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)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

(6)

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

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3) in the light of the joint text approved by
the Conciliation Committee on 9 April 2003,

Whereas:

(1)

(2)

(3)

(4)

(5)

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.

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

and
The propulsion engines on recreational
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.

craft

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.

It is now necessary to integrate environmental protection
requirements into the various Community activities in
order to promote sustainable development. Such provi-
sions, which are already the subject of the Council Reso-
lution of 3 December 1992 concerning the relationship

(1) OJ C 62 E, 27.2.2001, p. 139 and OJ C 51 E, 26.2.2002, p. 339.
(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. 310), Council Common Position of 22 April 2002
(OJ C 170 E, 16.7.2002, p. 1) and Decision of the European Parlia-
ment of 26 September 2002 (not yet published in the Official
Journal). European Parliament Decision of 14 May 2003 and
Council Decision of 19 May 2003.

(4) OJ L 164, 30.6.1994, p. 15.

between industrial competitiveness and environmental
protection (5), were taken up in the conclusions of the
Industry Council of 29 April 1999.

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.

(7)

(8)

(9)

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
the field of technical standards and regulations and of
rules on Information Society services (6) Member States
have notified draft national regulations aimed at redu-
cing noise and exhaust emissions from the engines of
recreational craft. Such technical regulations are consid-
ered, 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.

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 in this Directive lay down only the essential
requirements for the free movement of recreational craft,
personal watercraft and all the types of engines to which
this Directive applies.

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 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)

(11)

inboard, outboard or

The provisions on exhaust and noise emissions laid
down in this Directive should apply to all engines,
whether
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 under-
going major modifications should be included as regards
exhaust emissions. Craft with stern drive engines without
integral exhausts or inboard propulsion engine installa-
tions undergoing major craft conversion should be
included as regards noise emissions when placed on the
Community market within five years following conver-
sion.

the

and

health

Conformity with the essential requirements for emissions
from the engines concerned is essential
to protect
environment. Maximum
human
authorised levels should be laid down for exhaust emis-
sions of carbon monoxide (CO), hydrocarbons (HC),
nitrogen oxide (NOx) and particulate pollutants. As far
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.

(12) Member States should consider

introducing national
support measures to encourage the use of synthetic
biodegradable lubrication oils to reduce water pollution
by recreational craft. The introduction of measures at
Community level should be considered during the review
of this Directive.

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 proce-
dures and the rules for the affixing and use of the CE
conformity marking which are intended to be used in
technical harmonisation Directives (1).

(16) 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
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 manufac-
turer's declaration of conformity. As far as noise emis-
sions are concerned, only outboard engines and stern
drive engines with integral exhaust must bear the CE
mark affixed by the manufacturer or his authorised
representative or the person placing the product on the
market and/or putting it into service within the Commu-
nity. 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.

(17) Directive 94/25/EC should be amended also to take
account of manufacturing needs, which require a greater
choice of certification procedures.

(13)

For the two types of emission in question, the data certi-
fying their conformity should always accompany the
recreational craft, personal watercraft or engine.

(18)

(14) Harmonised European standards, in particular as regards
the measurement of levels and test methods, make it
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.

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
the fire
fighting equipment and the discharge prevention.

identification number,

the fuel

tanks,

(15)

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 rele-
vant essential requirements, when they are placed on the
market and/or put into service. Adequate procedures
choice
should

down which provide

laid

be

a

(19)

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

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

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

conversion and subsequently placed on the
Community market within five years following
conversion;

(iii) personal watercraft;

(20)

(21)

(22)

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 procedures for the exercise of implementing powers
conferred on the Commission (1).

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/or put into
service,

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:

(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 are installed or specifi-
cally intended for installation on or in recreational
craft and personal watercraft;

(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

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

intended for

integral exhausts
recreational craft;

(d) for products falling under (a)(ii), (b) and (c), the provi-
sions 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.

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;

(iv) surfboards, including powered surfboards;

(v) original historical craft and individual replicas
thereof designed before 1950, built predomi-
nantly 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
subsequently placed on the Community

not
market during a period of five years;

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

(ix) submersibles;

(x) air cushion vehicles;

(xi) hydrofoils;

(xii) External combustion steam powered craft, fuelled

by coal, coke, wood, oil or gas;

(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,

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

(*) OJ L 301, 28.10.1982, p. 1. Directive as amended by the 1994 Act

of Accession.

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— experimental craft, provided that they are not
the Community

placed

on

subsequently
market,

— craft specifically intended to be crewed and to
for commercial purposes,
carry passengers
without prejudice to paragraph 3(a), in parti-
cular those defined in Directive 82/714/EEC,
regardless of the number of passengers,

— submersibles,

— air cushion vehicles,

— hydrofoils;

(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) and (vii);

(iii) propulsion engines built for own use provided that
they are not subsequently placed on the Commu-
nity 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 stan-
dard, 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”: any spark or compression igni-
tion, internal combustion engine used for propulsion
purposes,
four-stroke
inboard, stern-drive with or without integral exhaust
and outboard engines;

two-stroke

including

and

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

engine which:

— could potentially cause the engine to exceed the
emission limits set out in Annex I.B. excluding
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 to such an extent that it is consid-

ered a new craft;

(f) “means of propulsion”:

the mechanical method by
which the craft is driven, in particular marine propel-
lers or waterjet mechanical drive systems;

(g) “engine

family”:

the manufacturer's

grouping of
engines which, through their design, are expected to
have
emission characteristics and
which comply with the exhaust emissions require-
ments of this Directive;

exhaust

similar

(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.’;

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 relevant essential requirements where
these components are accompanied by a written declara-
tion 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 representative estab-
lished in the Community or, in the case of imports from a
third country, of any person who places those components
on the Community market.

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

3. the following Article shall be inserted:

— inboard engines and stern drive propulsion engines

without integral exhaust,

‘Article 6a

Committee procedure

— engines type-approved according 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,

— engines type-approved according to Directive 88/77/

EEC (**);

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

At

5.
trade fairs, exhibitions, demonstrations, etc.,
Member States shall not create any obstacles to the
showing of the products 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 relevant parts thereof. In this case, the parti-
culars of the said Directives applied by the manufacturer,
as published in the Official Journal of the European Union,
must be given in the documents, declaration of conformity
or instructions required by the Directives and accompa-
nying such products.

the laws of

(*) Directive 97/68/EC of the European Parliament and of
the Council of 16 December 1997 on the approxima-
tion of
the Member States relating to
measures against the emission of gaseous and particu-
late pollutants from internal combustion engines to be
installed in 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).
(**) Council Directive 88/77/EEC of 3 December 1987 on
the approximation of the laws of the Member States
relating to the measures to be taken against the emis-
from
sion of gaseous and particulate pollutants
compression ignition engines for use in vehicles, and
the emission of gaseous pollutants from positive igni-
tion engines fuelled with natural gas or liquefied
petroleum gas for use in vehicles (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).’;

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
or noise emission values and to the Froude and P/D ratio
values 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 proce-
dure referred to in paragraph 2. Issues to be dealt with
shall include the reference fuels and the standards to be
used for exhaust and noise emissions testing.

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 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 and/or put into service.’;

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

‘3. Where a non-complying product
referred to in
Article 1 bears the CE marking, the appropriate 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.’;

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 manufac-
turer or his authorised representative established within
the Community shall apply the procedures referred to in
paragraphs 2, 3 and 4 of this Article.

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In the case of post-construction assessment for recreational
craft, if neither the manufacturer nor his authorised repre-
sentative established within the Community fulfils the
responsibilities for the product's conformity to this Direc-
tive, 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 noti-
fied body. The person who places the product on the
market and/or puts it into service must provide the noti-
fied 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
shall apply the following procedures for boat design cate-
gories A, B, C and D as referred to in section 1 of Annex
I.A:

(a) for categories A and B:

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

length: the
internal production control plus tests (module Aa)
referred to in Annex VI, or the EC type-examina-
tion (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;

(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 produc-
tion control plus tests (module Aa) referred to
the EC type-examination
in Annex VI, or
(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,

— 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,
or
the EC type-examination (module B) as
supplemented by
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;

(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-examina-
tion (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
(module B) as described in Annex VII followed by confor-
mity 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:

(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;

(*) EN ISO 14509.

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(ii) where the Froude number and 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;

(iii) where certified reference boat data, established in accordance with point (i), is used for assess-
ment: either internal production control (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 representative established in the Community shall apply: internal production
control plus supplementary requirements referred to in Annex VI (module Aa) or module G or H.’;

7. Article 10(1), (2) and (3) shall be replaced by the following:

‘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 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.;

(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 imple-
mentation of the procedures set out in Annexes IX, X, XI, XII, and XVI.

3.
The affixing of markings or inscriptions on products 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 water-
craft.

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 -

B -

C -

D -

“Ocean”

“Offshore”

“Inshore”

exceeding 8

exceeding 4

up to, and including, 8

up to, and including, 4

up to, and including, 6

up to, and including, 2

“Sheltered waters”

up to, and including, 4

up to, and including, 0,3’

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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, for example from passing vessels.’;

5. the last subparagraph under section 1. ‘Boat design categories’ shall be replaced by the following:

‘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.’;

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

7.

in section 2.1:

(a) the title should read as follows: ‘Craft identification’;

(b) the introductory wording shall read as follows:

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

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 recommended 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 type of fuel. All tank spaces shall be venti-
lated.

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;

(b) separated from living quarters;

Diesel fuel may be kept in tanks that are integral with the hull.’;

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12. section 5.6.2 shall be replaced by the following:

‘5.6.2.

Fire-fighting equipment

Craft shall be 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 equip-
ment is in place. Petrol engine enclosures shall be protected by a fire extinguishing system
that avoids the need to open the enclosure in the event of fire. Where fitted, portable fire
extinguishers shall be readily accessible and one shall be so positioned that it can easily
be reached from the main steering position of the craft.’;

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 shall be fitted with a standard discharge
connection to enable pipes of reception facilities to be connected with the craft discharge
pipeline.

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.’;

14. the following parts shall be added:

‘B.

Essential requirements for exhaust emissions from propulsion engines

Propulsion engines shall comply with the following essential requirements for exhaust emis-
sions.

1.

Engine identification

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

— engine manufacturer's trademark or trade-name,

— engine type, engine family, if applicable,

— a unique engine identification number,

— 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:

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Table 1

Carbon monoxide
CO ¼ A þ B=Pn
N

Hydrocarbons
HC ¼ A þ B=Pn
N

(g/kWh)

Nitrogen
oxides
NOx

Particulates
PT

A

B

n

A

B

n

150,0

600,0

1,0

30,0

100,0

0,75

10,0

150,0

600,0

1,0

6,0

50,0

0,75

15,0

Not
applicable

Not
applicable

5,0

0

0

1,5

2,0

0,5

9,8

1,0

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 harmo-
nised standard (*).

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

The reference fuels to be used for 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 for
those engines fuelled with Liquefied Petroleum Gas as specified in Directive 98/77/EC.

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 endur-
ance 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:

(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 five years, whichever occurs first;

(c) outboard engines: 350 hours or 10 years, whichever occurs first.

4.

Owner's manual

Each engine shall be provided with an 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
the requirements of paragraph 3,

the engine to meet

proper functioning of
(Durability);

(b) specify the power of the engine when measured in accordance with the harmonised

standard.

(*) EN ISO 8178-1: 1996.

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C.

Essential requirements for noise emissions

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

1.

Noise emission levels

1.1. Recreational craft with inboard or stern drive engines without integral exhaust, personal
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 (**) shall not exceed the limit values in
the following table:

Table 2

Single engine power
In kW

Maximum Sound Pressure Level = LpASmax
In dB

≤ 10

PN

10 < PN

≤ 40

> 40

PN

67

72

75

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

(**) EN ISO 14509.

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

1.2. As an alternative to sound measurement tests, recreational craft with inboard engine
configuration or stern drive engine configuration, without integral exhaust, shall be
deemed to comply with these noise 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.

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 = 9,8 m/s2)

Fn ¼

V
p
ﬃﬃﬃﬃﬃﬃﬃﬃﬃﬃﬃﬃﬃﬃﬃ
g:Lwl
Þ
ð

.

“Power displacement ratio” shall be calculated by dividing the engine power P (kW) by

the boat's displacement D ðtÞ ¼

P
D

1.4. As a further alternative to sound measurement tests, 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 compa-
tible with those of a certified reference boat to tolerances specified in the harmonised
standard.

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 level measurements have been
included subsequently in the published list of certified reference boats.

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2.

Owner's Manual

For recreational craft with inboard engine or stern drive engines with or without inte-
gral exhaust and personal watercraft, the owner's manual required under Annex I.A
Section 2.5, shall
include information necessary to 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.

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

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, 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).

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 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 manufacturer, 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 representing the production of the engine manu-
facturer, the sound emission tests defined in Annex I.C shall be carried out by the engine manu-
facturer, 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.’;

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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 Direc-
tive 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 by the manufacturer, the following procedure shall be
used:

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. If
the specific exhaust emissions of the engine taken from the series exceed the limit 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.’;

12. the following subparagraph shall be added to section 5.3 in Annex X:

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

13. Annex XIII shall be replaced by the following:

‘ANNEX XIII

TECHNICAL DOCUMENTATION SUPPLIED BY THE MANUFACTURER

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

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

The documentation shall contain so far as relevant for assessment:

(a) 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 understanding of said drawings and schemes and

the 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.,

(f) test reports, or calculations namely on stability according to section 3.2 of the Essential Require-

ments and on buoyancy according to section 3.3 thereof (Annex I.A),

(g) exhaust emissions test reports demonstrating compliance with section 2 of the Essential Require-

ments (Annex I.B),

(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:

‘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. They shall not become either
involved directly or as authorised representatives in the design, construction, marketing or main-
tenance of the said products. This does not preclude the possibility of exchanges of technical
information between the manufacturer and the body.

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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

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

(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 authorised representative established in the

Community (**),

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

(c) references to the relevant harmonised standards used, or references to the specifications in rela-

tion to which conformity is declared,

(d) where appropriate, the references of the other Community Directives applied,

(e) where appropriate, reference to the EC type-examination certificate issued by a notified body,

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

(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 according 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,

— 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 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, if so required, with the relevant provision of the Direc-
tive;

(*) Must 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)

1.

This module describes the procedure whereby the manufacturer who satisfies the obligations of
point 2 ensures and declares that the products concerned are in conformity with the type as
described in the EC type-examination certificate and satisfy the requirements of the directive that
apply to them. The manufacturer or his authorised representative established within the Commu-
nity 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.

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2.

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.

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-

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, require-
ments 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:

— the quality objectives and the organisational structure, responsibilities and powers of the

management with regard to product quality,

— the examinations and tests that will be carried out after manufacture,

— 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 determine whether it satisfies the require-

ments 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 manu-
facturer'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 point 3.2 or whether a reassess-
ment is required.

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

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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 parti-
cular:

— the quality system documentation,

— the technical documentation,

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

reports of the personnel concerned, etc.

4.3. The notified body 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:

— 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 subpara-

graph of point 3.4, points 4.3 and 4.4.

6.

Each notified body must
concerning the quality system approvals issued and withdrawn.

forward to the other notified bodies the relevant

information

ANNEX XVII

CONFORMITY OF PRODUCTION ASSESSMENT FOR EXHAUST AND NOISE 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 regu-
lated 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:

X

S2 ¼

ð
x – X

Þ2= n – 1
Þ
ð

X = the arithmetical mean of the results

x

L

n

k

= the individual results of the sample

= the appropriate limit value

= the number of engines in the sample

= statistical factor depending on n (see table)

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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 = 0,860/√n. k ¼ 0; 860= ﬃﬃﬃn

’.

Article 2

By 31 December 2006 the Commission shall submit a report on the possibilities of further improving the
environmental characteristics of engines and consider inter alia the need to revise the boat design cate-
gories. If deemed appropriate, in the light of this report, the Commission shall by 31 December 2007
submit appropriate proposals to the European Parliament and the Council. The Commission shall in the
light of the experience gained take account of:

(a) the need to further reduce emissions of air pollutants and noise in order to meet environment protec-

tion 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 of agreeing on international standards for exhaust and noise emissions;

(f) possible simplifications of the system for conformity assessment procedures.

Article 3

1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary
to comply with the requirements of this Directive by 30 June 2004. They shall immediately inform the
Commission thereof.

Member States shall apply such measures as from 1 January 2005.

2. Member States shall permit the placing on the market and/or 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:

(a) until 31 December 2005 for the products falling under Article 1(1)(a);

(b) until 31 December 2005 for compression ignition and four-stroke spark ignition engines; and,

(c) until 31 December 2006 for two-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.

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 4

This Directive shall enter into force on the day of its publication in the Official Journal of the European
Union.

Article 5

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This Directive is addressed to the Member States.

Article 6

Done at Luxembourg, 16 June 2003.

For the European Parliament

The President

P. COX

For the Council

The President

G. PAPANDREOU