WRITTEN QUESTION E-0565/04 by Martin Callanan (PPE-DE) to the Commission. Clarification on the scope of the Recreational Craft Directive.
Date: 2004-02-26
Institutions: European Parliament, Provisional data
Subjects: EC conformity marking, application of EU law, pleasure craft, retroactivity of a law

3.4.2004

EN

Official Journal of the European Union

C 84 E/429

(2004/C 84 E/0500)

WRITTEN QUESTION E-0565/04

by Martin Callanan (PPE-DE) to the Commission

(26 February 2004)

Subject: Clarification on the scope of the Recreational Craft Directive

The Recreational Craft Directive (94/25/EC (1)) is based on the principles of the New Approach which
provide for CE marking.

The Commission’s ‘Guide to the implementation of directives based on the New Approach and the Global
Approach’ states in Section 2: ‘Scope of New Approach directives’ (cid:1) ‘A product, which has been subject to
important changes that aim to modify its original performance, purpose or type after it has been put into
service, may be considered as a new product.’

The Commission’s document entitled ‘Recreational Craft Directive and Comments to the Directive
Combined’ refers in Article 4(5)(viii) Summary of the application of the Directive after 16 June 1998 (cid:1)
to ‘Boats already in the EEA which are transformed into recreational craft when they were previously used
for another purpose. e.g. experimental craft, racing boats, former commercial boats.’ However this section
goes on to say that ‘the Directive does not contain any retrospective provisions and, as such, existing boats
in service (in use) in the EEA lie outside of the Directive whatever their origin of build.’

Will the Commission now give a ruling on whether an ex-commercial craft henceforth put to use for
recreational purposes needs to be CE marked in accordance with the RCD, even if no physical changes
have been made to the craft? Does the fact that an ex-commercial craft was built before Directive 94/25/
EC came into force alter the situation?

Finally, if ex-commercial craft are to be CE marked, this would prove difficult, since the process of CE
marking of ex-commercial craft would have to be ‘Post Constructional Certification’. Will the Commission
indicate how this is to be achieved at the present time?

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

Answer given by Mr Liikanen on behalf of the Commission

(30 March 2004)

The Commission’s ‘Guide to the implementation of directives based on the New Approach and the Global
approach’ and the Commission’s document ‘Recreational Craft Directive and Comments to the Directive
combined’ to which the Honourable Member refers, both mention in their foreword that their content is
not legally binding; only the Directive has the force of law. Therefore, the clarifications provided in these
guides should not and cannot be considered as a ruling by the Commission on the scope of application of
the Directive.

Article 1(1) of Directive 94/25/EC of the Parliament and of the Council of 16 June 1994 relating to
recreational craft, specifies that the Directive shall apply to recreational craft, and in Article 1(2) of the
Directive, recreational craft are defined as: ‘any boat of any type (…) from 2,5 to 24 m hull length, (…)
intended for sports and leisure purposes’. From these provisions it emerges that any former commercial
craft placed on the market and/or put in service for leisure purposes falls within the scope of the Directive,
irrespective of whether physical changes to this boat have been made for that purpose.

The fact that a former commercial boat was built before the Directive came into force does not alter the
situation; only the date of its placing on the market and/or putting into service for leisure purposes is
relevant as to whether or not that boat will have to comply with the requirements of the Directive.

In view of the above provisions of Article 1 of the Directive, the statement introduced in the second
edition of the Commission’s document ‘Recreational Craft Directive and Comments to the Directive
Combined’ in the comments to Article 4(5) (viii) that: ‘the requirements of the Directive apply to boats
already in the EEA which are transformed into recreational craft when they were previously used for

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Official Journal of the European Union

EN

3.4.2004

another purpose (e.g. experimental craft, racing boats, former commercial boats)’ should therefore be read
as a complementary clarification on the Directive’s scope of application and not as an extension of it.

Furthermore, the statement referred to by the Honourable Member that: ‘the Directive does not contain
any retrospective provisions and, as such, existing boats in service (in use) in the EEA lie outside of the
Directive wherever they were built’ should be read as meaning existing recreational craft. Hence this
absence of retrospective provisions cannot be invoked for existing former commercial boats whose original
intended use is changed into leisure purposes after the date of entry into application of the Directive.

Post construction certification is not explicitly covered by the currently applicable version of
the
Recreational Craft Directive (i.e. Directive 94/25/EC). However, post construction assessment is at the
present time achieved through a commonly agreed approach between notified bodies, which is laid down
in Chapter I of their Recreational Craft Sectoral Group (RSG) Guidelines. As from 1 January 2005, post
construction assessment will be covered by the Directive through the entry into application of the
amending provisions of Article 8a introduced with Directive 2003/44/EC of the Parliament and of the
Council of 16 June 2003 amending Directive 94/25/EC (1).

(1) OJ L 214, 26.8.2003.

(2004/C 84 E/0501)

WRITTEN QUESTION P-0567/04

by Marie-Arlette Carlotti (PSE) to the Commission

Subject: Limitation of public exposure to electromagnetic fields

(19 February 2004)

Council recommendation 1999/519/EC (1) of 12 July 1999 on the limitation of exposure of the general
public to electromagnetic fields (0 Hz to 300 GHz) set up a Community framework with regard to
exposure to electromagnetic fields, to provide protection in areas where members of the public spend
significant time in relation to the effects of these fields.

One point of the recommendation provides for revision in the light of progress in scientific assessment of
the effects of exposure to electromagnetic fields and on the basis of national reports to be prepared after a
period of three years and a Commission report prepared within five years.

1.
Can the Commission state the current situation regarding the report that it is due to present before
12 July 2004 and state progress in implementing the recommendation, on the basis of information
forwarded in the Member States’ reports?

2.
Does the Commission envisage proposing a specific directive on electromagnetic contamination, to
establish a Community framework with a high level of protection against public exposure to electrom-
agnetic fields, in accordance with the precautionary principle with regard to environmental protection and
public health?

(1) OJ L 199, 30.7.1999, p. 59.

Answer given by Mr Byrne on behalf of the Commission

(18 March 2004)

As mentioned by the Honourable Member, on 12 July 1999, the Council adopted Recommendation 1999/
519/EEC limiting the exposure of the general public to non-ionising radiation with a view of protecting
human health in a frequency range of 0 Herz (Hz) to 300 Giga Herz (GHz).