Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on recreational craft and personal watercraft
Date: 2011-07-26
Institutions: European Commission
Subjects: maritime safety, pleasure craft, product safety, safety standard, vehicle parts

EUROPEAN COMMISSION 

Brussels, 26.7.2011 
COM(2011) 456 final 

2011/0197 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on recreational craft and personal watercraft 

(Text with EEA relevance) 
{SEC(2011) 958 final} 
{SEC(2011) 959 final} 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

General context 

The Recreational Craft Directive1 was adopted in 1994 to regulate the placing on the market 
of  pleasure  boats  on  the  European  market.  It  lays  down  essential  safety  requirement  that 
manufacturers shall respect when designing watercraft in order to place those safe watercraft 
on  the  EU  market.  The  manufacturers  must  fulfil  several  obligations  in  order  to  show  that 
their  product  complies  with  the  Directive,  including  a  Declaration  of  Conformity  of  the 
watercraft  with  the  essential  requirements  of  the  Directive,  affixing  the  CE  marking  on  the 
product and providing the users with information on the use and maintenance of the product. 

Directive  94/25/EC  was  amended  by  Directive  2003/44/EC  which  introduces  a  set  of  limit 
values  for  exhaust  emissions  for  propulsion  engines  and  noise  levels  for  watercrafts  with 
propulsion engines, for both the compression ignition (CI) engines and the spark ignition (SI) 
engines.  The  key  air  pollutants  regulated  in  the  Recreational  Craft  Directive  are:  Nitrogen 
Oxides  (NOx),  Hydrocarbons  (HC)  and  the  Particulates  (PT).  Furthermore,  Directive 
2003/44/EC  enlarges  the  scope  of  the  Recreational  Craft  Directive  to  cover  also  personal 
watercraft. 

The same amending Directive provides a review clause (Article 2) which aims at reinforcing 
emission limits to reflect the technological progress of recreational marine engines as well as 
the  need  to  harmonise  the  limits  worldwide,  particularly  with  the  US.  At  the  same  time  the 
vulnerable position of the SMEs should be taken into account as this sector consists mainly of 
small and medium enterprises (more than 95% of businesses are SMEs).  

The  SMEs  active  in  the  sector  are  mainly  involved  in  boat  building  or  engine  marinising 
(modifying and fitting the on road or non road engine into the boat). There are also few small 
volume engine manufacturers operating on and supplying solely for the EU market.  

The  review  clause  (Article  2)  also  stipulates  that  the  Commission  shall  report  on  the 
possibilities of further improving the environmental characteristics of engines and, if deemed 
appropriate  in  the  light  of  this  report,  put  forward  appropriate  proposals  to  the  European 
Parliament  and  the  Council.  The  Commission  issued  a  report  in  2007  (COM(2007/313)  in 
which  it  announced  that  it  would  assess  options  to  further  reducing  the  exhaust  emission 
limits of recreational marine engines.  

Consistency with other policies and objectives of the Union 

The  Recreational  Craft  Directive  is  embedded  in  a  framework  of  European  Legislation 
combining marine safety and environmental aspects.  

1 

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 (OJ L 164, 30.6.1994; p.15) 

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One  of  the  flagship  policies  defined  in  the  Europe  2020  strategy2  aims  at  establishing  a 
resource efficient Europe to meet the climate/energy targets. The integrated maritime policy3 
streamlines  the  protection  of  the  environment  in  every  Union  policy,  especially  those 
affecting the maritime environment. The Recreational Craft Directive revision takes place in 
this  general  context.  It  also  contributes  to  the  objective  of  the  2010  International  Year  of 
Biodiversity.  

The  Recreational  Craft  Directive  is  in  line  with  the  objectives  of  the  Clean  Air  for  Europe 
(CAFE)  initiative4  which  provides  an  integrated  and  long  term  strategy  for  reducing  the 
adverse impact of air pollution on human health and environment as specified in the Directive 
2008/50/EC on ambient air quality and cleaner air for Europe.5  

The Recreational Craft Directive only covers health  related  pollutants  from engines  exhaust 
emissions such as particulates matters (PT), nitrogen oxides (NOx) and hydrocarbons (HC). It 
does  not  address  CO2.  Today  no  inventory  or  data  is  available  on  CO2  emissions  from 
recreational craft engines. Nevertheless, CO2 emissions from engines in this sector might be 
addressed  in  the  future  in  line  with  the  recent  developments  in  the  road  sector,  either  by 
voluntary or regulatory measures.  

2. 

CONSULATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation of interested parties 

The  revision  has  been  under  consideration  since  2008  and  has  been  the  subject  of  a  wide 
ranging  consultation,  namely  in  the  framework  of  the  Standing  Committee  for  recreational 
craft  with  the  Member  States  authorities  and  other  stakeholders  like  industry,  costumer 
associations,  standardisation  organisations  and  representatives  of  conformity  assessment 
bodies. 

A public internet consultation was organized in May/July 2009. The Commission services 
received 32 responses to the questionnaire published in English only. The results of the public 
consultation are published at: 
http://ec.europa.eu/enterprise/newsroom/cf/itemlongdetail.cfm?item_id=3088&tpa_id=160&l
ang=en 

The  replies  to  this  consultation  revealed  support  to  introduce  more  restrictive  limits  for 
exhaust emissions while taking into account the position of SMEs. The respondents indicated 
that limits should be common not only for the EU/EEA, states but also for other parts of the 
world, the United States in particular. The survey also confirmed that a further reduction of 
noise limits of watercrafts with propulsion engines would not effectively solve the problem of 
excessive noise in the exposed areas.  

2 
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4 
5 

COM (2010) 2020 final. 
See for instance Green Paper COM (2006) 275 final "Towards a future Maritime Policy for the Union: 
A European vision for the oceans and the seas", the Communication from the Commission COM (2007) 
575 final "An integrated Maritime Policy for the European Union", and more recently, the Clean Ship 
Initiative proposed by DG Mare in 2009. All these initiatives acknowledge the need for high protection 
of the environment in the context of any maritime policy.  
See the link: http://europa.eu/legislation_summaries/environment/air_pollution/l28031a_en.htm#KEY 
See the link: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32008L0050:EN:NOT 

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The consultation highlighted that the specificities of the recreational marine sector should be 
better  reflected  in  the  EU  legislation.  Concerns  were  raised  with  regard  to  the  very  active 
second hand market as well as the self-built boats. The responses also indicated that there is a 
need  to  clarify  the  obligations  of  economic  operators  including  private  importers  as  well  as 
competences of the national enforcement authorities 

Collection and use of expertise 

Several  external  studies  have  been  commissioned  to  further  examine  the  improvement  of 
environmental characteristics of recreational marine engines and the impact thereof. 

•  TNO6  “Stocktaking  study  on  the  current  status  and  developments  of  technology  and 
regulations  related  to  the  environmental  performance  of  recreational  marine  engines  – 
Final Report”, January 2005. (“Stocktaking study”). The Commission requested this study 
after having introduced environmental requirements in the Recreational Craft Directive, to 
evaluate the environmental impact of the use of propulsion engines in recreational craft.  

•  European Confederation of Nautical Industries “Study on The Feasibility and Impact of 
Possible  Scenarios  for  Further  Emission  Reduction  Measures  for  Recreational  Craft 
Engines  in  the  Context  of  Directive  94/25/EC,  as  Amended  by  Directive  2003/44/EC: 
Impact  Assessment  Report  –  Final  Report”,  26  October  2006”.  This  study  identified  and 
measured  in  detail  the  impacts  and  distributive  effects  of  the  four  possible  scenarios  for 
further emission reduction measures identified in the TNO study.  

•  ARCADIS7  “Complementary  Impact  Assessment  Study  on  possible  emission  reduction 
measures  for  recreational  marine  engines”  –  June  2008.  Following  the  results  of  the 
previous study, the Commission launched another study in order to identify and assess new 
scenarios which would take into account the peculiar position of SMEs in the recreational 
craft sector.  

•  The studies are available at: 

http://ec.europa.eu/enterprise/sectors/maritime/documents/index_en.htm 

Impact assessment  

The Commission has carried out a detailed impact assessment listed in its Work Programme. 

The impact assessment focuses on the following three areas of the revision having substantial 
impacts: 

A. exhaust emissions,  

B. noise emissions; and  

C alignment to the New Legal Framework: 

6 

7 

“Stocktaking study on the current status and developments of technology and regulations related to the 
environmental performance of recreational marine engines – Final Report”, January 2005, TNO for DG 
Enterprise 
“Complementary  Impact  Assessment  Study  on  possible  emission  reduction  measures  for  recreational 
marine engines”, June 2008, ARCADIS for DG Enterprise  

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For these three areas the following options were analysed in detail. 

A. Exhaust emission limits for engines 

Option 1 - No change 

The existing exhaust emission limits in the Directive remain as defined by the amendment 
2003/44/EC. 

Option 2 - Stricter exhaust emission limits (Stage II) 

The possibility of introducing the Stage II of the exhaust emission limits has been assessed. 
Altogether  five  possible  scenarios  to  further  restrict  the  limits  have  been  proposed  (see  for 
details impact assessment p.21). 

The Scenario 5 as the most suitable scenario was selected for further evaluation. This scenario 
5  harmonises  the  limits  with  the  US  for  both:  Spark  ignition  (SI)  engines  and  compression 
ignition (CI) engines. For CI engines the limits are those set in US EPA 40 CFR Part 1042 for 
marine diesel recreational engines. For SI engines the limits are be those set in US EPA 40 
CFR Part 1045 for new non-road SI engines, equipment and vessels. 

Option 3 - Stricter exhaust emission limits (Stage II) combined with mitigating measures 
to limit negative economic/social effects 

This option looks into different possibilities to tighten the rules for exhaust emissions while at 
the  same  time  including  a  mitigating  measure  to  limit  the  negative  economic  and  social 
effects, which the introduction of higher emission limits may have on manufacturers. 

Sub-option 3.1 – Use of a flexibility scheme 

An option to mitigate the effects of stricter exhaust emission rules might be the introduction 
of the flexibility scheme. The idea is to allow the engine manufacturers to place on the market 
a  limited  number  of  recreational  marine  engines  compliant  with  the  previous  stage  of 
emissions, still after the entry into force of new emission limit values.  

Sub-option 3.2 – Use of a transitional period for all engine manufacturers (3 years) 

The  proposal  is  to  provide  a  three  years  transitional  period  after  the  entry  into  force  of  the 
Directive  in  order  to  allow  the  engine  manufacturers  to  adapt  the  engines  to  the  new 
technologies.  

Sub-option  3.3  –  Use  of  a  transitional  period  for  all  engine  manufacturers  +  a  specific 
transitional  period  for  small  and  medium  sized  engine  manufacturers  placing  on  the  EU 
market the SI outboard engines < 15 kW (3+3 years). 

The three years transitional period for the industry would remain. On top of this, an additional 
period  of  3  years  (6  years  from  the  entry  in  force)  would  be  granted  to  SME  engine 
manufacturers who place on the market SI engines below 15 kW.  

This last sub-option was selected in the impact assessment as the preferable option. 

B. Noise emission limits for watercrafts with propulsion engines. 

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Option 1 - No change 

The  existing  noise  emission  limits  in  the  Directive  remain  as  defined  by  the  amendment 
2003/44/EC. 

Option 2 – Stricter noise emission limits  

The current EU noise emission limits regulating the sound emitted by the watercraft would be 
tightened.  

Option 1 (keeping the current limit values) was found to be the preferred option because of  

–  it does not entail compliance cost (companies will not have to invest in new technologies 

to achieve the required emission limits);  

–  it  provides  the  possibility  to  achieve  greater  environmental  benefits  through  tailor-made, 
national, measures, specifically designed for the areas in which watercraft operates in each 
country.  

Member  States  would  enjoy  more  leeway  to  design  specific  measures  which  would  allow 
them to effectively restrict noise, since noise emitted by watercraft is not the sole result of the 
engines, but also depends on factors such as operation, weather conditions, etc. 

C. Alignment of the RCD with the New Legislative Framework 

Consequently to the adoption of Regulation (EC) No 765/2008 and of Decision 768/2008/EC, 
the  Recreational  Craft  Directive  has  to  be  brought  in  line  with  the  principles  of  New 
Legislative  Framework.  It  means  basically  the  inclusion  of  the  chapters  describing  the 
obligations  of  economic  operators,  the  competences  of  conformity  assessment  bodies  and 
market  surveillance  authorities,  new  conformity  assessment  modules  and  the  status  of  CE 
marking. 

Since  the  Commission  is  engaged  to  align  the  sectorial  legislation  to  the  NLF,  the  impact 
assessment concentrated in analysing the impacts of the alignment only. These impacts should 
be  mostly  positive,  since  the  horizontal  provisions  are  clarifying  certain  issues  which  are 
subject  to  uncertainty  for  the  moment.  Legal  certainty  will  be  for  the  benefit  of  all  parties: 
economic  operators,  national  and  European  Union  administration  as  well  as  consumers. 
Certain new obligations set for economic operators, can have an economic impact in terms of 
new costs for the economic operators.8  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Main elements of the revision 

3.1. 

Clarifying scope and concepts of the Directive  

In order to facilitate the application of the Recreational craft Directive by manufacturers and 
national authorities, the scope and some definitions of this Directive are clarified.  

8 

The  impact  of  the  alignment  with  the  NLF  is  closely  evaluated  in  the  Omnibus  Impact  Assessment 
(COM proposal aligning several directives to the NLF at the same time).  

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In the past, there have been debates about the content of the term “recreational craft” in the 
Directive which has been sometimes claimed to be an overall term covering both recreational 
craft  and  personal  watercraft.  This  lack  of  clarity  is  now  eliminated  by  introducing  into  the 
definitions  a  new  overall  concept  “watercraft”  which  covers  both  recreational  craft  and 
personal watercraft.  

Since  the  term  “recreational  craft”  is  now  clearly  limited  to  only  some  types  of  products 
covered by the Directive, the title of the Directive is changed to ““Directive on recreational 
craft and personal watercraft” in order for the title to correspond better to the scope. 

As regards the list of excluded products, it is necessary to add amphibious craft to the list to 
exclude it from the requirements of this Directive. For reasons of consistency and clarification 
it is also specified that only personal watercraft intended for sports and leisure is included in 
the Directive, and not for instance personal watercraft intended for rescue and police services. 
Furthermore,  the  definition  of  “Canoes”  that  are  excluded  from  the  scope  is  clarified  to 
indicate  that  the  canoe  must  be  “designed  to  be  propelled  by  hand  paddle  power  only”  in 
order to be excluded from the scope of the Directive. 

It is also appropriate to provide definitions of “watercraft built for own use” and of “private 
importer”  specific  to  this  sector  in  order  to  facilitate  the  understanding  and  uniform 
application of the Directive 

3.2. 

General safety requirement 

For reasons of clarity and consistency with other New Approach Directives, it is necessary to 
specify  explicitly  that  that  products  covered  by  this  Directive  may  only  be  placed  on  the 
market or put into service if they meet the general requirement imposing them to be without 
danger to the safety and health of persons, property or environment and only if they meet the 
essential  requirements  set  out  in  Annex  I.  Laying  down  this  general  safety  requirement  is 
important since it could be used as a legal base for taking out of the market unsafe watercraft 
in particular in a situation where a new risk which is not covered by the harmonized standards 
is discovered. 

3.3. 

Exhaust emissions  

3.3.1.  The new stricter emission limits 

New  stricter  limits  are  foreseen  for  the  exhaust  emission  of  Nitrogen  Oxides  (NOx), 
Hydrocarbons (HC) and the Particulates (PT).  

For  CI  engines  these  limits  are  set  applying  the  US  EPA  standards  for  marine  diesel 
recreational engines (40 CFR Part 1042). For SI engines, the limits are set using the US EPA 
emission standards for new non-road SI engines, equipment and vessels (40 CFR Part 1045). 
This  approach  sets  the  limits  at  a  level  that  reflects  the  technical  development  of  cleaner 
marine  engine  technologies  and  that  allows  a  development  towards  the  harmonisation  of 
exhaust emission limits worldwide.  

The  CO-limits  are  slightly  relaxed  as  a  trade-off  for  achieving  the  significant  decrease  of 
other  air  pollutants  and  in  order  to  ensure  that  the  compliance  costs  to  industry  remain 
proportionate. However, the relaxation does not lead to a safety risk. 

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3.3.2.  Reference fuels and test cycles 

The  test  fuels  used  in  the  assessment  of  conformity  to  the  exhaust  emission  limits  need  to 
reflect the composition of the fuels used in the relevant market, and therefore the European 
test fuels must be used in the type approval by the European Union manufacturers. However, 
since non EU manufacturers may not have access to European reference fuels, it is necessary 
to  foresee  that  the  authorities  performing  the  conformity  assessment  (Notified  bodies)  may 
also accept that engines are tested with other reference fuels. The choice of reference fuels is, 
however, limited to U.S. and Japanese specifications as specified in the relevant ISO standard 
in order to ensure quality and comparability of test results. (Reciprocating internal combustion 
engines-Exhaust emission measurement- Part 5: Test fuels. Currently EN ISO 8178-5:2008). 

In addition, the relevant test cycles must be specified by reference to the same ISO standard 
(Reciprocating  internal  combustion  engines  -  Exhaust  emission  measurement  -  Part  4:  Test 
cycles for different engine applications which is currently EN ISO 8178-4:1996). 

The recreational craft sector is actively involved in the development of innovative solutions 
for propulsion systems, which involve hybrid, electrical engines and even fuel cells. Specific 
test cycles may in future be developed for hybrid systems. 

3.3.3.  Mitigating measures for industry 

A general three years transitional period  for  the industry is foreseen. In addition, as regards 
exhaust  emission  requirements,  a  supplementary  3  years  is  granted  to  SME  engine 
manufacturers who place on the market the SI engines below 15 kW. This is needed in order 
to  allow  SMEs  operating  in  this  market  segment  to  avoid  financial  disruption  and  to  adjust 
their production to the new rules. 

3.4. 

Constructional requirements  

A new requirement is foreseen to impose mandatory installation of holding tanks to watercraft 
fitted with toilets in order to contribute to the marine environmental protection. 

3.5. 

Post construction assessment and private importer  

Directive  94/25/EC  contains  rules  on  the  post  construction  assessment  of  recreational  craft 
which  is  carried  out  by  any  natural  or  legal  person  established  within  the  Community  who 
places the product on the market in cases, where neither the manufacturer, nor his authorized 
representative  fulfils  the  responsibilities  for  evaluating  the  conformity  of  products  to  the 
Directive. For consistency, it is appropriate to extent the scope of this procedure to cover not 
only recreational craft but also personal watercraft. For clarity, it must be specified by whom 
and in which situations exactly this procedure can be used. These are: 

•  Private  importer,  that  is  a  natural  or  legal  person  who  imports  in  the  course  of  non-
commercial  activity  a  product  from  a  third  country  into  the  Union  with  the  intention  of 
putting it into service for his own use. 

•  Any person placing on the market or putting into service an engine or a watercraft after a 
major modification or conversion thereof or any person changing the intended purpose of a 
watercraft not covered by the scope this Directive in a way that it falls under its scope  

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•  Any  person  placing  on  the  market  a  watercraft  built  for  own  use  before  the  end  of  the  5 

year period mentioned in Article 2 (2) (a) (vii). 

As  regards  importing  recreational  craft  and  personal  watercraft,  it  should  be  noted  that 
compared  to  Directive  94/25/EC,  the  use  of  Post  construction  assessments  is  restricted  to 
cases  of  non  commercial  import  by  private  importers.  The  aim  is  to  prevent  abuse  of  this 
procedure  for  commercial  ends.  Finally,  in  order  to  ensure  a  reliable  assessment  of  the 
conformity  of  the  product  by  the  notified  body  with  regard  to  the  post  construction 
assessment,  there  is  a  need  to  widen  the  obligations  of  the  person  asking  for  the  post 
construction assessment to provide documents to the notified body. It is foreseen that he has 
to provide all the documents necessary for the assessment of the conformity of the product. 

3.6. 

Affixing of the CE-marking 

Rules  governing  the  affixing  of  the  CE  marking on the watercraft, components  and engines 
are  laid  down  in  this  Directive.  Compared  with  Directive  94/25/EC,  it  is  appropriate  to 
enlarge  the  obligation  to  affix  the  CE-marking  also  to  all  inboard  engines  and  stern  drive 
engines without integral exhaust which are regarded as meeting the essential requirements set 
out in Annex I.B and I.C. 

The  CE  marking  must  be  affixed  on  the  watercraft,  engines  and  components.  In  case  of 
components, where that are not possible or not warranted on account of the size or nature of 
that  product,  it  can  alternatively  be  affixed  to  the  packaging  and  to  the  accompanying 
documents. 

3.7. 

Reporting 

In  order  to  enforce  the  monitoring  and  the  efficiency  of  this  Directive,  a  new  obligation  is 
foreseen  for  the  Member  States  to  send  every  5  years  a  report  on  the  application  of  the 
Directive  to  the  Commission.  The  report  must  in  particular  contain  information  on  the 
situation  of  the  safety  and  environmental  performance  of  the  products  covered  by  the 
Directive  and  of  the  effectiveness  of  the  Directive  as  well  as  presentation  of  the  market 
surveillance activities performed by the Member States. 

3.8. 

Aligning the Recreational Craft Directive with the New Legislative Framework 
(NLF) and the applicable conformity assessment procedures 

3.8.1.  Horizontal rules 

On 9 the July 2008, the European Parliament and the Council adopted two legal instruments 
applying  the  marketing  of  products.  Regulation  (EC)  No  765/2008  of  the  European 
Parliament  and  of  the  Council  of  9  July  2008  setting  out  the  requirements  for  accreditation 
and market surveillance relating to the marketing of products9 and Decision No 768/2008/EC 
of the European Parliament and of the Council of 9 July 2008 on a common framework for 
the marketing of products10 . 

The  Regulation  lays  down  horizontal  provisions  on  the  accreditation  of  conformity 
assessment bodies, on the CE marking and on the Community market surveillance framework 

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OJ L 218, 13.8.2008, p. 30. 
OJ L 218, 13.8.2008, p. 82 

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for,  and  controls  of,  products  entering  the  Community  market  which  also  apply  to  products 
covered by this Directive. For clarity, the application of the Regulation is explicitly mentioned 
in this Directive.  

The  Decision  provides  common  principles  and  reference  provisions  for  the  purposes  of 
legislation based on the New Approach principles. In order to ensure consistency with other 
sectoral product legislation, it is appropriate to align certain provisions of this Directive to that 
Decision,  in  so  far  as  sectoral  specificities  do  not  require  a  different  solution.  Therefore, 
certain  definitions,  the  general  obligations  of  economic  operators,  the  presumption  of 
conformity,  formal  objections  against  harmonised  standards,  rules  for  the  CE  marking, 
requirements  for  conformity  assessment  bodies  and  notification  procedures  as  well  as  the 
provisions concerning procedures dealing with products presenting a risk are aligned to that 
Decision. Sector specific deviations are necessary in particular in order to take into account 
the particular situation of private import of watercraft into EU. 

3.8.2.  Conformity assessment procedures 

The  conformity  assessment  procedures  available  to  the  manufacturer  are  also  be  set  by 
reference  to  the  horizontal  Decision.  However,  certain  supplementary  requirements  are  laid 
down  in  Article  25  in  order  to  take  into  account  the  specific  needs  of  the  sector  as  regards 
performing the conformity assessment and which are included in the conformity assessment 
modules of Directive 94/25/EC. Furthermore, the possibility to use accredited in-house bodies 
instead  of  Notified  bodies  in  certain  modules  referred  to  in  the  horizontal  Decision  is  not 
taken up in this Directive since it is not suitable for the sector.  

Experience  has  shown  that  in  order  to  take  into  account  of  manufacturing  needs,  it  is 
appropriate to allow a greater choice of certification procedures than before in the following 
cases:  

•  for  recreational  craft  of  category  C  from  12  m  to  24  m  hull  length  where  harmonised 

standards have been used (also internal product control + supervised tests possible); 

•  for components (also module B + E possible).  

•  As  regards  conformity  assessment  of  exhaust  emission  and  noise  requirements,  a 
distinction  is  referred  to  between  the  cases  where  the  harmonised  standards  have  been 
used, on the one hand, and the cases where they have not been used. In the latter cases, it is 
justified  to  require  a  more  stringent  conformity  assessment  procedure  than  in  the  former 
cases.  Furthermore,  the  possibility  of  using  the  reference  boat  data  for  noise  emissions 
testing is deleted as superfluous, since it has not been used in practice. 

3.9. 

Comitology and Delegated acts 

In  order  to  take  into  account  the  Lisbon  Treaty  provisions  on  delegated  acts,  the  rules  on 
adopting delegated acts are inserted in the Directive. 

Legal basis 

The proposal is based on Article 95 of the EC-Treaty. 

Subsidiarity principle 

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   EN 

 
Directive 94/25/EEC is a total harmonisation directive adopted on the basis of Article 95 of 
the Treaty with the objective of the establishment and functioning of the internal market for 
watercraft.  National  legislation  cannot  impose  additional  provisions  on  the  construction  of 
watercraft  or  on  exhaust  and  noise  emissions  of  watercraft  which  would  require  the 
modification of the product or affect the conditions for its placing on the market. Therefore, 
the revision of provisions of Directive 94/25/EEC is, as far as the constructional requirements 
and  exhaust  emissions  are  concerned,  within  the  exclusive  competence  of  the  Union. 
Therefore,  the  application  of  the  principle  of  subsidiarity  within  the  meaning  of  Article  5, 
second paragraph, of the EC-Treaty does not arise. 

It is important to note that the revision aims at clarifying the scope of products covered by the 
Directive,  but  not  at  extending  or  changing  it  otherwise.  Therefore  the  issue  of  subsidiarity 
within  the  meaning  of  Article  5,  second  paragraph,  of  the  EC-Treaty  does  not  arise  in  this 
respect either. 

The respect of the subsidiarity principle could arise with regard to the provisions aiming at the 
improvement of effective enforcement of the Directive stemming mainly from the New Legal 
Framework (see also 3.7.). Experience has shown that coherent and effective enforcement and 
market surveillance has not been sufficiently achieved by Member States acting alone. As a 
consequence, the issue of setting some mandatory common minimum requirements arises. As 
a  result  of  the  proposal,  this  activity  would  remain  within  the  authority  of  the  national 
authorities  but  some  general  EU-wide  requirements  would  be  introduced  to  ensure  equal 
treatment, a level playing field for economic operators, and a similar level of protection for 
the citizens in all the Member States. 

Proportionality 

In  accordance  with  the  principle  of  proportionality,  the  proposed  modifications  do  not  go 
beyond what is necessary to achieve the objectives set. In order to protect the benefits of the 
single market in the watercraft sector, any changes to the existing Directive have to be dealt 
with at Union level. If Member States acted on their own, there would be a proliferation of 
requirements which would hamper and undermine the achievements of the single market, and 
very likely lead to confusion for consumers and producers alike. The consequences could be 
higher  prices  for  consumers,  as  producers  would  have  to  revert  to  abiding  by  member  state 
specific requirements. 

The modifications of the Directive do not impose unnecessary burden and costs on industry, 
especially  on  small  and  medium  sized  enterprises,  or  administrations.  A  number  of  options 
concern the improvement of clarity of the existing Directive without introducing  significant 
new requirements with cost implication. Where modifications have more significant impacts, 
the analysis of the impacts of the option serves to provide the most proportionate response to 
the problems identified.  

4. 

BUDGETARY IMPLICATIONS 

There are no implications to the Community budget of this proposal. 

5. 

ADDITIONAL INFORMATION 

Repeal of existing legislation 

EN 

10 

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The adoption of the proposal will lead to repeal of Directive 94/25/EC relating to recreational 
craft. 

European Economic Area 

The proposal concerns the EEA and should therefore be extended to the European Economic 
Area. 

EN 

11 

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2011/0197 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on recreational craft and personal watercraft 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 114 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee11, 

Having regard to the opinion of the Committee of the Regions12, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

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  craft13  was  adopted  in  the  context  of 
establishing  the  internal  market  in  order  to  harmonise  safety  characteristics  of 
recreational craft in all Member States and to remove obstacles to trade in recreational 
craft between Member States.  

Originally, Directive 94/25/EC covered only recreational craft of a minimum length of 
2,5 m and a maximum length of 24 m. Directive 2003/44/EC of the Council and the 
European  Parliament  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  craft14  extended  the  scope  of  Directive  94/25/EC  to 
include personal watercraft and integrated environmental protection requirements into 
that  Directive  by  adopting  exhaust  emission  limits  (CO,  HC,  NOx  and  particulates) 
and  noise  limits  levels  for  propulsion  engines,  for  both  the  compression  ignition 
engines and the spark ignition engines. 

11 
12 
13 
14 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 164 , 30.6.1994, p. 15. 
OJ L 214, 26.08.2003 p. 18. 

EN 

12 

   EN 

 
                                                 
(3) 

(4) 

(5) 

(6) 

(7) 

Directive 94/25/EC is based on the New Approach principles, as set out in the Council 
Resolution  of  7  May  1985  on  a  new  approach  to  technical  harmonisation  and 
standards15.  Thus,  it  sets  out  only  the  essential  safety  requirements  applying  to 
recreational  craft,  whereas  technical  details  are  adopted  by  the  European  Committee 
for  Standardisation  (CEN)  and  the  European  Committee  for  Electrotechnical 
Standardisation  (Cenelec)  in  accordance  with  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  services16.  Conformity  with  the  harmonised  standards  so  set, 
the  reference  number  of  which  is  published  in  the  Official  Journal  of  the  European 
Union,  provides  a  presumption  of  conformity  with  the  requirements  of  Directive 
94/25/EC. Experience has shown that those basic principles have worked well in this 
sector and should be maintained and even further promoted. 

Technological  developments  in  the  market  have,  however,  raised  new  issues  with 
respect  to  the  environmental  requirements  of  Directive  94/25/EC.  In  order  to  take 
account  of  those  developments  and  to  provide  clarification  in  relation  to  the 
framework within which products covered by this Directive may be marketed, certain 
aspects of Directive 94/25/EEC should be revised and enhanced and, in the interests of 
clarity, that Directive should be replaced by this Directive. 

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 
2008 setting out the requirements for accreditation and market surveillance relating to 
the  marketing  of  products17  lays  down  horizontal  provisions  on  the  accreditation  of 
conformity  assessment  bodies,  on  the  CE  marking  and  on  the  Union  market 
surveillance framework for, and controls of, products entering the Union market which 
also apply to products covered by this Directive. 

Decision  No  768/2008/EC  of  the  European  Parliament  and  of  the  Council  of  9  July 
2008  on  a  common  framework  for  the  marketing  of  products18  provides  common 
principles  and  reference  provisions  for  the  purposes  of  legislation  based  on  the  New 
Approach  principles.  In  order  to  ensure  consistency  with  other  sectoral  product 
legislation,  it  is  appropriate  to  align  certain  provisions  of  this  Directive  to  that 
Decision,  in  so  far  as  sectoral  specificities  do  not  require  a  different  solution. 
Therefore,  certain  definitions,  the  general  obligations  of  economic  operators,  the 
presumption of conformity, formal objections against harmonised standards, rules on 
CE  marking,  requirements  for  conformity  assessment  bodies  and  notification 
procedures and the provisions concerning procedures dealing with products presenting 
a risk should be aligned to that Decision. 

In  order  to  facilitate  the  application  of  this  Directive  by  manufacturers  and  national 
authorities,  the  scope  and  definitions  of  Directive  94/25/EC  should  be  clarified.  In 
particular, it should be clarified that amphibious craft are excluded from the scope of 
this  Directive.  It  is  also  necessary  to  specify  which  kind  of  canoes  and  kayaks  are 
excluded from the scope of this Directive and to clarify that only personal watercraft 
intended for sports and leisure is covered by the Directive.  

15 
16 
17 
18 

OJ C 136, 4.6.1985, p. 1. 
OJ L 204, 21.7.1998, p. 37. 
OJ L 218, 13.8.2008, p. 30. 
OJ L 218, 13.8.2008, p. 82. 

EN 

13 

   EN 

 
                                                 
(8) 

(9) 

It  is  also  appropriate  to  provide  definitions  of  “watercraft  built  for  own  use”  and  of 
“private  importer”  specific  to  this  sector  in  order  to  facilitate  the  understanding  and 
uniform application of this Directive. 

The products covered by this Directive that are placed on the Union market or put into 
service  should  comply  with  the  relevant  legislation  of  the  Union,  and  economic 
operators  should  be  responsible  for  the  compliance  of  products,  in  relation  to  their 
respective roles in the supply chain, so as to ensure a high level of protection of public 
interests,  such  as  health  and  safety,  and  the  protection  of  consumers  and  of  the 
environment, and to guarantee fair competition on the Union market. 

(10)  All  economic  operators  intervening  in  the  supply  and  distribution  chain  should  take 
appropriate  measures  to  ensure  that  products  covered  by  this  Directive  do  not 
endanger the safety and health of persons, property or the environment when correctly 
constructed and maintained and that they make available on the market only products 
which  comply  with  the  relevant  legislation  of  the  Union.  This  Directive  should 
provide a clear and proportionate distribution of obligations which correspond to the 
role of each operator in the supply and distribution process. 

(11)  As  certain  tasks  can  be  executed  only  by  the  manufacturer,  it  is  necessary  to 
distinguish  clearly  between  the  manufacturer  and  operators  further  down  the 
distribution chain. It is also necessary to distinguish clearly between the importer and 
the distributor, as the importer introduces products from third countries to the Union 
market.  The  importer  should  thus  make  sure  that  those  products  comply  with  the 
applicable Union requirements. 

(12)  The manufacturer, having detailed knowledge of the design and production process, is 
best  placed  to  carry  out  the  complete  conformity  assessment  procedure.  Conformity 
assessment should therefore remain the obligation of the manufacturer alone. 

(13) 

It  is  necessary  to  ensure  that  products  covered  by  this  Directive  entering  the  Union 
market  from  third  countries  comply  with  all  applicable  Union  requirements,  and  in 
particular 
that  appropriate  assessment  procedures  have  been  carried  out  by 
manufacturers with regard to those products. Provision should therefore be made for 
importers  to  make  sure  that  the  products  they  place  on  the  market  comply  with  the 
applicable  requirements  and  that  they  do  not  place  on  the  market  products  which  do 
not  comply  with  such  requirements  or  which  present  a  risk.  For  the  same  reason, 
provision should also be made for importers to make sure that conformity assessment 
procedures have been carried out and that product marking and documentation drawn 
up by manufacturers are available for inspection by the supervisory authorities. 

(14)  Where  the  distributor  makes  a  product  covered  by  this  Directive  available  on  the 
market after it has been placed on the market by the manufacturer or the importer, it 
should act with due care to ensure that its handling of the product does not adversely 
affect its compliance. Both importers and distributors are expected to act with due care 
in relation to the requirements applicable when placing or making products available 
on the market. 

(15)  When  placing  a  product  covered  by  this  Directive  on  the  market,  importers  should 
indicate  on  the  product  their  name  and  the  address  at  which  they  can  be  contacted. 

EN 

14 

   EN 

 
Exceptions should be provided for in cases where the size or nature of a component 
does not allow for such an indication.  

(16)  Any economic operator that either places a product on the market under its own name 
or  trademark  or  modifies  a  product  in  such  a  way  that  compliance  with  applicable 
requirements may be affected should be considered to be the manufacturer and should 
assume the obligations of the manufacturer. 

(17)  Distributors  and  importers,  being  close  to  the  market  place,  should  be  involved  in 
market surveillance tasks carried out by competent national authorities, and should be 
prepared  to  participate  actively,  providing  those  authorities  with  all  necessary 
information relating to the product concerned. 

(18) 

Import of recreational craft and personal watercraft by private individuals from third 
countries to the Union is a specific feature of this sector. However, Directive 94/25/EC 
only  contains  specific  provisions  on  the  obligations  of  private  importers  as  regards 
performing the conformity assessment (post construction assessment). Therefore, there 
is  a  need  to  clarify  the  other  obligations  of  private  importers  which  should  be  in 
principle harmonised with those of the manufacturer, with some exceptions related to 
the non-commercial nature of their activities. 

(19)  Ensuring  traceability  of  a  product  throughout  the  whole  supply  chain  helps  to  make 
market  surveillance  simpler  and  more  efficient.  An  efficient  traceability  system 
facilitates  market  surveillance  authorities'  task  of  tracing  economic  operators  who 
made non-compliant product available on the market. 

(20)  For  reasons  of  clarity  and  consistency  with  other  New  approach  Directives,  it  is 
necessary to specify explicitly that products covered by this Directive may be placed 
on  the  market  or  put  into  service  only  if  they  meet  the  general  requirement  not  to 
endanger  the  safety  and  health  of  persons,  property  or  environment  and  only  if  they 
meet the essential requirements set out in this Directive. 

(21)  Options for further reducing the exhaust emission limits of recreational marine engines 
have  been  assessed  in  the  Report  on  the  possibilities  of  further  improving  the 
environmental  characteristics  of  recreational  craft  engines,  submitted  pursuant  to 
Article  2  of  Directive  2003/44/EC,  amending  Directive  94/25/EC  relating  to 
recreational  craft19.  This  report  concluded  that  it  is  appropriate  to  set  stricter  limits 
than  those  set  in  Directive  2003/44/EC.  Those  limits  should  be  set  at  a  level  that 
reflects  the  technical  development  of  cleaner  marine  engine  technologies  and  that 
allows  a  development  towards  the  harmonisation  of  exhaust  emission  limits 
worldwide. The CO-limits, however, should be raised in order to allow the significant 
decrease  of  other  air  pollutants  while  ensuring  that  the  compliance  costs  remain 
proportionate. 

(22)  Depending  on  the  fuel  and  power  category,  the  test  cycles  for  engines  in  marine 

applications described in the relevant ISO standard should be used. 

(23)  The  test  fuels  used  in  the  assessment  of  conformity  to  the  exhaust  emission  limits 
should  reflect  the  composition  of  the  fuels  used  in  the  relevant  market  and  therefore 

19 

COM (2007) 313 final. 

EN 

15 

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the  European  test  fuels  should  be  used  in  the  type  approval  in  the  Union.  However, 
since manufacturers from third countries may not have access to European reference 
fuels, it is necessary to allow approval authorities to accept that engines are tested with 
other reference fuels. The choice of reference fuels should however be limited to those 
specifications  set  out  in  the  relevant  ISO  standard  in  order  to  ensure  quality  and 
comparability of test results.  

(24) 

In order to contribute to the protection of the marine environment, it is appropriate to 
adopt  a  requirement  imposing  mandatory  installation  of  holding  tanks  to  watercraft 
fitted with toilets. 

(25)  Accident  statistics  show  that  the  risk  of  inversion  of  multihull  craft  is  very  low.  In 
spite  of  this  low  risk,  it  is  appropriate  to  foresee  that  the  risk  of  inversion  must  be 
considered  also  for  multihull  craft,  so  that  only  in  case  the  multihull  craft  is  not 
susceptible to inversion, the requirements concerning buoyancy and escape in case of 
inversion do not have to be complied with. 

(26) 

In accordance with the principle of subsidiarity, the provisions of this Directive should 
not  affect  Member  States’  entitlement  to  lay  down  such  requirements  as  they  may 
deem necessary concerning navigation on certain waters for the purpose of protection 
of  the  environment,  the  fabric  of  waterways,  and  ensuring  safety  of  waterways, 
provided that those provisions do not require modification to the watercraft which is in 
conformity with this Directive. 

(27)  The CE marking, indicating the conformity of a product, is the visible consequence of 
a  whole  process  comprising  conformity  assessment  in  a  broad  sense.  The  general 
principles  governing  the  CE  marking  are  set  out  in  Regulation  (EC)  No  765/2008. 
Rules  governing  the  affixing  of  the  CE  marking  on  the  watercraft,  components  and 
engines  should  be  laid  down  in  this  Directive.  It  is  appropriate  to  enlarge  the 
obligation to affix the CE-marking also to all inboard engines and stern drive engines 
without integral exhaust which are regarded as meeting the essential requirements set 
out in this Directive.  

(28) 

It is crucial to make clear to manufacturers and users that by affixing the CE marking 
to  the  product,  the  manufacturer  declares  that  the  product  is  in  conformity  with  all 
applicable requirements and takes full responsibility thereof. 

(29)  The CE marking should be the only marking of conformity indicating that the product 
covered  by  this  Directive  is  in  conformity  with  Union  harmonisation  legislation. 
However,  other  markings  should  be  allowed  as  long  as  they  contribute  to  the 
improvement  of  consumer  protection  and  are  not  covered  by  Union  harmonisation 
legislation. 

(30) 

In order to ensure compliance with the essential safety requirements, it is necessary to 
lay  down  appropriate  conformity  assessment  procedures  to  be  followed  by  the 
manufacturer. Those procedures should be set by reference to conformity assessment 
modules laid down in Decision No 768/2008/EC. Those procedures should be devised 
in the light of the level of the risk which may be inherent in the watercraft, engines and 
components.  Therefore  each  category  of  conformity  should  be  supplemented  by  an 
appropriate procedure or a choice betweens several equivalent procedures.  

EN 

16 

   EN 

 
(31)  Experience  has  shown  that  it  is  appropriate  to  allow  a  wider  range  of  conformity 
assessment modules in the following cases: for recreational craft of category C from 
12 m to 24 m hull length where harmonised standards have been used as well as for 
components.  As  regards  conformity  assessment  of  exhaust  emission  and  noise 
requirements,  a  distinction  should  be  made  between  the  cases  where  the  harmonised 
standards  have  been  used  and  where  they  have  not,  since  in  the  latter  cases,  it  is 
justified  to  require  a  more  stringent  conformity  assessment  procedure.  Furthermore, 
the  possibility  of  using  the  reference  boat data  for  noise  emissions  testing  should  be 
suppressed as superfluous, since it has not been used in practice.  

(32)  Directive 94/25/EC contains rules on the post construction assessment of recreational 
craft  carried  out  by  any  natural  or  legal  person  established  within  the  Union  who 
places  the  product  on  the  market  in  cases  where  neither  the  manufacturer  nor  his 
authorised representative fulfils the responsibilities for the products conformity to the 
Directive.  For  consistency,  it  is  appropriate  to  extend  the  scope  of  this  procedure  to 
cover not only recreational craft but also personal watercraft. For clarity, it should be 
specified  in  which  situations  this  procedure  may  be  used.  Furthermore,  as  regards 
import,  its  use  should  be  restricted  to  cases  of  non  commercial  import  by  private 
importers to prevent abuse of this procedure for commercial purposes. There is also a 
need to widen the obligation of the person asking for the post construction assessment 
to provide documents to the Notified body in order to ensure a reliable assessment of 
the conformity of the product by the Notified body. 

(33)  Since  it  is  necessary  to  ensure  a  uniformly  high  level  of  performance  of  bodies 
performing  conformity  assessment  of  products  covered  by  this  Directive  throughout 
the Union, and since all such bodies should perform their functions at the same level 
and  under  conditions  of  fair  competition,  obligatory  requirements  should  be  set  for 
conformity  assessment  bodies  wishing  to  be  notified  in  order  to  provide  conformity 
assessment services under this Directive. 

(34) 

In  order  to  ensure  a  consistent  level  of  quality  in  the  performance  of  conformity 
assessment  of  products  covered  by  this  Directive,  it  is  necessary  not  only  to 
consolidate the requirements that conformity assessment bodies wishing to be notified 
must  fulfill,  but  also,  in  parallel,  to  set  requirements  that  notifying  authorities  and 
other bodies involved in the assessment, notification and monitoring of notified bodies 
must fulfill. 

(35)  Regulation  (EC)  No  765/2008  complements  and  strengthens  the  existing  framework 
for  the  market  surveillance  of  products  covered  by  Union  harmonisation  legislation, 
including products covered by this Directive. Member States should therefore organise 
and  carry  out  market  surveillance  of  those  products  in  accordance  with  that 
Regulation, and where applicable, in accordance with Directive 2001/95/EC.  

(36) 

In  order  to  increase  transparency  and  to  reduce  processing  time,  it  is  necessary  to 
improve  the  existing  safeguard  procedure  allowing  the  Commission  to  examine  the 
justification  for  a  measure  taken  by  a  Member  States  against  products  it  considers 
being  non-compliant,  with  the  aim  of  making  it  more  efficient  and  of  drawing  on 
expertise available in the Member States. 

(37)  The  existing  system  should  be  complemented  by  a  procedure  allowing  interested 
parties  to  be  informed  of  measures  taken  with  regard  to  products  covered  by  this 

EN 

17 

   EN 

 
Directive presenting a risk to the health and safety of persons or other issues of public 
interest protection. It should also allow market surveillance authorities, in cooperation 
with  the  relevant  economic  operators,  to  act  at  an  earlier  stage  in  respect  of  such 
products. 

(38)  Where Member States and the Commission agree as to the justification for a measure 
taken  by  a  Member  State,  no  further  involvement  of  the  Commission  should  be 
required. 

(39) 

In  order  to  take  into  account  the  progress  of  technical  knowledge  and  new  scientific 
evidence, the power to adopt acts in accordance with Article 290 of the Treaty on the 
Functioning of the European Union should be delegated to the Commission to amend 
Section 2 of Part B and Section 1 of Part C of Annex I, with the exception of direct or 
indirect modifications to exhaust or noise emission values and to the Froude and P/D 
ratio  values,  and  Annexes  V,  VII  and  IX.  It  is  of  particular  importance  that  the 
Commission carry out appropriate consultations during its preparatory work, including 
at expert level. 

(40)  The  Commission,  when  preparing  and  drawing-up  delegated  acts,  should  ensure  a 
simultaneous,  timely  and  appropriate  transmission  of  relevant  documents  to  the 
European Parliament and Council. 

(41) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Directive, 
implementing powers should be conferred on the Commission. Those powers should 
be  exercised  in  accordance  with  Regulation  (EU)  182/2011  of  the  European 
Parliament  and  of  the  Council  of  16  February  laying  down  the  rules  and  general 
principles  concerning  mechanisms  for  control  by  the  Member  States  of  the 
Commission's exercise of implementing powers20. 

(42)  The examination should be used for the adoption of acts ensuring that this Directive is 
applied  in  a  uniform  manner,  in  particular  as  regards  the  supplementary  provisions 
foreseen  in  Article  25  on  conformity  assessement  procedures,  and  as  regards  the 
requirements on the boat design categories, builder’s plate, discharge prevention and 
navigation lights.  

(43) 

In  order  to  enforce  the  monitoring  and  the  efficiency  of  this  Directive,  it  should  be 
provided that Member States send a report on the application of the Directive to the 
Commission, which should then draw up and publish a summary of the reports. 

(44)  Member States should lay down rules on penalties applicable to infringements of this 
Directive and ensure that they are implemented. Those penalties should be effective, 
proportionate and dissuasive. 

(45) 

In order to allow manufacturers and other economic operators sufficient time to adapt 
to  the  requirements  laid  down  by  this  Directive,  it  is  necessary  to  provide  for  a 
sufficient  transitional  period  after  the  entry  into  force  of  this  Directive  during  which 
products which comply with Directive 94/25/EEC may be placed on the market.  

(46)  Directive 94/25/EEC should therefore be repealed. 

20 

OJ L 55, 28.2.2011, p. 13. 

EN 

18 

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(47)  Since  the  objective  of  this  Directive,  namely  to  ensure  a  high  level  of  protection  of 
human  health  and  safety  and  protection  of  environment  whilst  guaranteeing  the 
functioning  of  the  internal  market  by  setting  harmonised  safety  requirements  for 
products  covered  by 
this  Directive  and  minimum  requirements  for  market 
surveillance, cannot be sufficiently achieved by the Member States and can therefore, 
by  reason  of  its  scale  and  effects,  be  better  achieved  at  Union  level,  the  Union  may 
adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of 
the Treaty on European Union. In accordance with the principle of proportionality, as 
set out in that Article, this Directive does not go beyond what is necessary in order to 
achieve that objective, 

HAVE ADOPTED THIS DIRECTIVE: 

CHAPTER I 
GENERAL PROVISIONS 

Article 1 
Subject Matter  

This Directive lays down requirements for the design and manufacture of products referred to 
in Article 2(1) and rules on their free movement in the Union. 

Article 2  
Scope  

1. 

This Directive shall apply to the following products: 

(a) 

recreational craft and partly completed recreational craft; 

(b) 

personal watercraft; 

(c) 

(d) 

(e) 

components  listed  in  Annex  II  when  placed  on  the  Union  market  separately, 
hereinafter referred to as “components”; 

propulsion 
for installation on or in watercraft; 

engines  which 

are 

installed  or 

specifically 

intended 

propulsion  engines  installed  on  or  in  watercraft  that  are  subject  to  a  major 
engine modification; 

(f) 

watercraft that are subject to major craft conversion. 

2. 

This Directive shall not apply to the following products: 

(a) 

with  regard  to  the  design  and  construction  requirements  set  out  in  Part  A  of 
Annex I: 

(i)  watercraft intended solely for racing, including rowing racing boats and 

training rowing boats, labelled as such by the manufacturer; 

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19 

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(ii) 

canoes and kayaks designed to be propelled by hand paddle power only, 
gondolas and pedalos; 

(iii)  sailing surfboards; 

(iv)  surfboards, including powered surfboards; 

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

(vi)  experimental  watercraft,  provided  that  they  are  not  subsequently  placed 

on the Union market; 

(vii)  watercraft  built  for  own  use,  provided  that  they  are  not  subsequently 

placed on the Union market during a period of five years;  

(viii)  watercraft specifically intended to be crewed and to carry passengers for 
commercial purposes, in particular those defined in Article 2 of Directive 
2006/87/EC of the European Parliament and the Council21 and in Article 
3 of Directive 2009/45/EC of the European Parliament and the Council22, 
regardless of the number of passengers; 

(ix)  submersibles; 

(x) 

air cushion vehicles; 

(xi)  hydrofoils; 

(xii)  external  combustion  steam  powered  watercraft,  fuelled  by  coal,  coke, 

wood, oil or gas; 

(xiii)  amphibious craft; 

(b) 

with regard to exhaust emission requirements set out in Part B of Annex I : 

(i) 

propulsion  engines  installed  or  specifically  intended  for  installation  on 
the following products: 

– 

– 

– 

watercraft  intended  solely  for  racing  and  labelled  as  such  by  the 
manufacturer; 

experimental  watercraft,  provided  that  they  are  not  subsequently 
placed on the Union market; 

watercraft  specifically  intended  to  be  crewed  and  to  carry 
passengers  for  commercial  purposes,  without  prejudice  to  Article 
2(3),  in  particular  those  defined  in  Article  2  of  Directive 

21 
22 

OJ L 389, 30.12.2006, p. 1. 
OJ L 163, 25.6.2009, p. 1. 

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20 

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2006/87/EC and in Article 3 of Directive 2009/45/EC, regardless of 
the number of passengers; 

– 

– 

– 

– 

submersibles; 

air cushion vehicles; 

hydrofoils; 

amphibious craft; 

(ii)  original  and  individual  replicas  of  historical  propulsion  engines,  which 
are  based  on  a  pre-1950  design,  not  produced  in  series  and  fitted  on 
watercraft referred to in points (v) and (vii) of point (a); 

(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 noise emission requirements referred to in Part C of Annex I: 

(i) 

all craft referred to in point (b); 

(ii)  watercraft  built  for  own  use,  provided  that  they  are  not  subsequently 

placed on the Union market during a period of five years. 

3. 

The fact that the same watercraft 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 
Union market for recreational purposes. 

Article 3 
Definitions 

For the purposes of this Directive the following definitions shall apply: 

1. 

2. 

3. 

4. 

5. 

"watercraft" means any recreational craft or personal watercraft;  

“recreational  craft”  means  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; 

“personal watercraft” means a watercraft intended for sports and leisure purposes of 
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; 

“watercraft built for own use” means a watercraft built by its future user for his own 
use and which has not been partly or completely built by an economic operator for a 
private person under a contractual agreement. 

“propulsion  engine”  means  any  spark  or  compression  ignition,  internal  combustion 
engine used for propulsion purposes; 

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6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 

“major  engine  modification”  means  the  modification  of  an  engine  which  could 
potentially cause the engine to exceed the emission limits set out in Part B of Annex 
I or increases the rated power of the engine by more than 15 %; 

“major  craft  conversion”  means  a  conversion  of  a  watercraft  which  changes  the 
means of propulsion of the watercraft, involves a major engine modification, or alters 
the watercraft to such an extent that it is considered a new watercraft; 

“means  of  propulsion”  means  the  mechanical  method  by  which  the  watercraft  is 
driven; 

“engine family” means the manufacturer's grouping of engines which, through their 
design, have similar exhaust or noise emission characteristics and which comply with 
the exhaust or noise emissions requirements of this Directive; 

"making  available  on  the  market"  means  any  supply  of  a  product  for  distribution, 
consumption  or  use  on  the  Union  market,  whether  in  return  for  payment  or  free  of 
charge; 

"placing on the market" means the first making available of a product on the Union 
market; 

“putting into service” means the first use of a product covered by the Directive in the 
Union by its end user; 

“manufacturer” means any natural or legal person who manufactures a product or has 
such a product designed or manufactured and markets that product under his name or 
trademark; 

“authorised representative” means any natural or legal person established within the 
Union who has received a written mandate from the manufacturer to act on his behalf 
in relation to specified tasks; 

"importer"  means  any  natural  or  legal  person  established  within  the  Union  who 
places a product from a third country on the Union market; 

"private  importer”  means  any  natural  or  legal  person  established  within  the  Union 
who  imports  in  the  course  of  a  non-commercial  activity  a  product  from  a  third 
country into the Union with the intention of putting it into service for his own use.  

"distributor"  means  any  natural  or  legal  person  in  the  supply  chain,  other  than  the 
manufacturer or the importer, who makes a product available on the market; 

"economic  operators"  means  the  manufacturer,  the  authorised  representative,  the 
importer and the distributor; 

"harmonised  standard"  means  a  standard  adopted  by  one  of  the  European 
standardisation  bodies  listed  in  Annex  I  to  Directive  98/34/EC  on  the  basis  of  a 
request made by the Commission in accordance with Article 6 of that Directive; 

"accreditation"  means  accreditation  as  defined  in  Article  2(10)  of  Regulation  (EC) 
No 765/2008; 

EN 

22 

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21. 

22. 

23. 

24. 

25. 

26. 

27. 

28. 

1. 

2. 

"national accreditation body" means accreditation body as defined in Article 2(11) of 
Regulation (EC) No 765/2008; 

"conformity assessment" means the process demonstrating whether the requirements 
of this Directive relating to a product have been fulfilled; 

"conformity  assessment  body"  means  a  body  that  performs  conformity  assessment 
activities including calibration, testing, certification and inspection; 

"recall"  means  any  measure  aimed  at  achieving  the  return  of  a  product  that  has 
already been made available to the end user; 

"withdrawal" means any measure aimed at preventing a product in the supply chain 
from being made available on the market; 

"market surveillance" means the activities carried out and measures taken by public 
authorities to ensure that products comply with the applicable requirements set out in 
Union  harmonisation  legislation  and  do  not  endanger  health,  safety  or  any  other 
aspect of public interest protection;  

"CE marking" means a marking by which the manufacturer indicates that the product 
is  in  conformity  with  the  applicable  requirements  set  out  in  Union  harmonisation 
legislation providing for its affixing; 

"Union  harmonisation  legislation"  means  any  Union  legislation  harmonising  the 
conditions for the marketing of products. 

Article 4  
Essential requirements 

The products referred to in Article 2(1) may be made available or put into service for 
use in accordance with their intended purpose only if they do not endanger the safety 
and  health  of  persons,  property  or  the  environment  when  correctly  constructed  and 
maintained,  and  only  on  the  condition  that  they  meet  the  applicable  essential 
requirements set out in Annex I. 

Member States shall ensure that the products referred to in Article 2(1) are not placed 
on  the  market  or  put  into  service  unless  they  comply  with  the  requirements  of 
paragraph 1.  

Article 5  
National provisions concerning navigation 

The  provisions  of  this  Directive  shall  not  prevent  Member  States  from  adopting  provisions 
concerning navigation on certain waters for the purpose of protection of the environment, the 
fabric of waterways, and ensuring safety of waterways, provided that those provisions do not 
require modification to watercraft conforming to this Directive. 

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Article 6 
Free movement 

1. 

2. 

3. 

4. 

Member States shall not impede the making available on the market or putting into 
service in their territory of watercraft complying with this Directive. 

Member  States  shall  not  impede  the  making  available  on  the  market  of  partly-
completed watercraft where the manufacturer or the importer declares, in accordance 
with Part A of Annex III, that they are intended to be completed by others. 

Member States shall not impede the making available on the market or putting into 
service  of  components  complying  with  this  Directive  which  are  intended  to  be 
incorporated into watercraft, in accordance with the declaration of the manufacturer 
or the importer referred to in Part B of Annex III. 

Member States shall not impede the making available on the market or putting into 
service of any of the following: 

(a) 

(b) 

(c) 

propulsion engines, whether or not installed in watercraft, complying with this 
Directive; 

engines type-approved in accordance with Directive 97/68/EC of the European 
Parliament and the Council23 which are in compliance with stage IIIA, IIIB or 
stage  IV  emission  limits  for  CI  engines  used  in  other  applications  than 
propulsion  of  inland  waterway  vessels,  locomotives  and  railcars,  as  provided 
for in point 4.1.2. of Annex I to that Directive; 

engines  type-approved  in  accordance  with  Directive  2005/55/EC  of  the 
European  Parliament  and  the  Council24  where  the  manufacturer  declares  in 
accordance  with  point  9  of  Annex  IV  that  the  engine  will  meet  the  exhaust 
emission  requirements  of  this  Directive  when  installed  in  a  watercraft  in 
accordance with the manufacturer's supplied instructions. 

5. 

At  trade  fairs,  exhibitions,  demonstrations  and  other  similar  events  Member  States 
shall not impede the showing of the products referred to in Article 2(1) which do not 
comply  with  this  Directive,  provided  that  a  visible  sign  clearly  indicates  that  such 
products do not comply with this Directive and will not be made available or put into 
service in the Union until they have been made to comply. 

23 
24 

OJ L 59, 27.2.1998, p. 1.  
OJ L 275, 20.10.2005, p. 1.  

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24 

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CHAPTER II 
OBLIGATIONS OF ECONOMIC OPERATORS 

Article 7 
Obligations of manufacturers 

When placing their products on the market, manufacturers shall ensure that they have 
been  designed  and  manufactured  in  accordance  with  the  requirements  set  out  in 
Article 4(1) and Annex I. 

Manufacturers shall draw up the technical documentation in accordance with Article 
26 and  carry  out  the  conformity  assessment procedure applicable or have it carried 
out in accordance with Articles 20 to 23 and Article 25. 

Where  compliance  of  a  product  with  the  applicable  requirements  has  been 
demonstrated  by  that  procedure,  manufacturers  shall  draw  up  an  EU  declaration  of 
conformity, as referred to in Article 16 and affix the CE marking, as set out in Article 
18(1). 

Manufacturers  shall  keep  the  technical  documentation  and  a  copy  of  the  EU 
declaration  of  conformity  for  10  years  after  the  product  has  been  placed  on  the 
market. 

Manufacturers  shall  ensure  that  procedures  are  in  place  for  series  production  to 
remain  in  conformity.  Changes  in  product  design  or  characteristics  and  changes  in 
the  harmonised  standards  to  which  conformity  of  a  product  is  declared  shall  be 
adequately taken into account. 

When  deemed  appropriate  with  regard  to  the  risks  presented  by  a  product, 
manufacturers shall, to protect the health and safety of consumers, carry out sample 
testing of products made available on the market, investigate, and, if necessary, keep 
a  register  of  complaints,  of  non-conforming  products  and  product  recalls,  and  shall 
keep distributors informed of any such monitoring. 

Manufacturers shall ensure that their products bear a type, batch or serial number or 
other  element  allowing  their  identification,  or,  where  the  size  or  nature  of  the 
components  does  not  allow  it,  that  the  required  information  is  provided  on  the 
packaging or in a document accompanying the product, in accordance with point 2.1 
of Part A of Annex I. 

Manufacturers  shall  indicate  their  name,  registered  trade  name  or  registered  trade 
mark and the address at which they can be contacted on the product or, where that is 
not  possible,  on  its  packaging  or  in  a  document  accompanying  the  product.  The 
address shall indicate a single point at which the manufacturer can be contacted. 

Manufacturers  shall  ensure  that  the  product  is  accompanied  by  instructions  and 
safety  information  in  a  language  or  languages  which  can  be  easily  understood  by 
consumers and other end-users, as determined by the Member State concerned. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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25 

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8. 

9. 

1. 

2. 

3. 

1. 

2. 

Manufacturers who consider or have reason to believe that a product which they have 
placed on the market is not in conformity with this Directive shall immediately take 
the necessary corrective measures to bring that product into conformity, to withdraw 
it  or  recall  it,  if  appropriate.  Furthermore,  where  the  product  presents  a  risk, 
manufacturers  shall  immediately  inform  the  competent  national  authorities  of  the 
Member States in which they made the product available to that effect, giving details, 
in particular, of the non-compliance and of any corrective measures taken. 

Manufacturers  shall,  further  to  a  reasoned  request  from  a  competent  national 
authority,  provide  it  with  all  the  information  and  documentation  necessary  to 
demonstrate  the  conformity  of  the  product,  in  a  language  easily  understood  by  that 
authority. They shall cooperate with that authority, at its request, on any action taken 
to eliminate the risks posed by products which they have placed on the market. 

Article 8 
Authorised representatives 

A manufacturer may, by a written mandate, appoint an authorised representative. 

The  obligations  laid  down  in  Article  7(1)  and  the  drawing  up  of  technical 
documentation shall not form part of the authorised representative's mandate. 

An  authorised  representative  shall  perform  the  tasks  specified  in  the  mandate 
received  from 
the  authorised 
the  manufacturer.  The  mandate  shall  allow 
representative to do at least the following: 

(a) 

(b) 

(c) 

keep  a  copy  of  the  EU  declaration  of  conformity  and  the  technical 
documentation at the disposal of national surveillance authorities for 10 years 
after the product has been placed on the market; 

further to a reasoned request from a competent national authority, provide that 
authority with all the information and documentation necessary to demonstrate 
the conformity of a product; 

cooperate  with  the  competent  national  authorities,  at  their  request,  on  any 
action taken to eliminate the risks posed by products covered by their mandate. 

Article 9 
Obligations of importers 

Importers shall place only compliant products on the Union market. 

Before  placing  a  product  on  the  market,  importers  shall  ensure  that  the  appropriate 
conformity  assessment  procedure  has  been  carried  out  by  the  manufacturer.  They 
shall ensure that the manufacturer has drawn up the technical documentation, that the 
product  bears  the  CE  marking  and  is  accompanied  by  the  documents  required  in 
accordance  in  Article  16  and  point  2.5  of  part  A  of  Annex  I,  point  4  of  part  B  of 
Annex  I  and  point  2  of  part  C  of  Annex  I  and  that  the  manufacturer  has  complied 
with the requirements set out in Article 7(5) and (6). 

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26 

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Where  an  importer  considers  or  has  reason  to  believe  that  a  product  is  not  in 
conformity  with  the  requirements  set  out  in  Article  4(1)  and  Annex  I,  he  shall  not 
place  the  product  on  the  market  until  it  has  been  brought  into  conformity. 
Furthermore,  where  the  product  presents  a  risk,  the  importer  shall  inform  the 
manufacturer and the market surveillance authorities to that effect. 

Importers  shall  indicate  their  name,  registered  trade  name  or  registered  trade  mark 
and  the  address  at  which  they  can  be  contacted  on  the  product  or,  in  case  of 
components  where  that  is  not  possible,  on  its  packaging  or  in  a  document 
accompanying the product. 

Importers  shall  ensure  that  the  product  is  accompanied  by  instructions  and  safety 
information  in  a  language  or  languages  easily  understood  by  consumers  and  other 
end-users, as determined by the Member State concerned. 

Importers shall ensure  that,  while a product is under their responsibility,  storage or 
transport conditions do not jeopardise its compliance with the requirements set out in 
Article 4(1) and Annex I. 

When deemed appropriate with regard to the risks presented by a product, importers 
shall,  to  protect  the  health  and  safety  of  consumers,  carry  out  sample  testing  of 
marketed  products,  investigate,  and,  if  necessary,  keep  a  register  of  complaints,  of 
non-conforming products and product recalls, and shall keep distributors informed of 
such monitoring. 

Importers  who  consider  or  have  reason  to  believe  that  a  product  which  they  have 
placed on the market is not in conformity with this Directive shall immediately take 
the corrective measures necessary to bring that product into conformity, to withdraw 
it  or  recall  it,  if  appropriate.  Furthermore,  where  the  product  presents  a  risk, 
importers shall immediately inform the competent national authorities of the Member 
States  in  which  they  made  the  product  available  to  that  effect,  giving  details,  in 
particular, of the non-compliance and of any corrective measures taken. 

Importers  shall,  for  a  period  of  10  years  after  the  product  has  been  placed  on  the 
market, keep a copy of the EU declaration of conformity at the disposal of the market 
surveillance  authorities  and  ensure  that  the  technical  documentation  can  be  made 
available to those authorities, upon request. 

Importers  shall,  further  to  a  reasoned  request  from  a  competent  national  authority, 
provide it with all the information and documentation necessary to demonstrate the 
conformity of a product in a language easily understood by that authority. They shall 
cooperate with that authority, at its request, on any action taken to eliminate the risks 
posed by products which they have placed on the market.  

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Article 10 
Obligations of distributors 

1. 

When making a product available on the market distributors shall act with due care 
in relation to the requirements of this Directive. 

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2. 

3. 

4. 

5. 

Before  making  a  product  available  on  the  market  distributors  shall  verify  that  the 
product bears the CE marking, that it is accompanied by the documents required in 
Article  7  (7),  Article  16  and  point  2.5  of  part  A  of  Annex  I,  point  4  of  part  B  of 
Annex I and point 2 of part C of Annex I and by instructions and safety information 
in  a  language  or  languages  easily  understood  by  consumers  and  other  end-users  in 
the  Member  State  in  which  the  product  is  to  be  made  available  on  the  market,  and 
that the manufacturer and the importer have complied with the requirements set out 
in Article 7(5) and (6) and Article 9(3). 

Where  a  distributor  considers  or  has  reason  to  believe  that  a  product  is  not  in 
conformity  with  the  requirements  set  out  in  article  4(1)  and  Annex  I,  he  shall  not 
make the product available on the market until it has been brought into conformity. 
Furthermore,  where  the  product  presents  a  risk,  the  distributor  shall  inform  the 
manufacturer or the importer, as well as  the market surveillance authorities, to that 
effect. 

Distributors shall ensure that, while a product is under their responsibility, storage or 
transport conditions do not jeopardise its compliance with the requirements set out in 
article 4(1) and Annex I. 

Distributors who consider or have reason to believe that a product which they have 
made available on the market is not in conformity with this Directive shall make sure 
that  the  corrective  measures  necessary  to  bring  that  product  into  conformity,  to 
withdraw  it  or  recall  it,  if  appropriate,  are  taken.  Furthermore,  where  the  product 
presents  a  risk,  distributors  shall  immediately  inform  the  competent  national 
authorities  of  the  Member  States  in  which  they  made  the  product  available  to  that 
effect,  giving  details,  in  particular,  of  the  non-compliance  and  of  any  corrective 
measures taken. 

Distributors shall, further to a reasoned request from a competent national authority, 
provide  that  authority  with  all  the  information  and  documentation  necessary  to 
demonstrate the conformity of the product. They shall cooperate with that authority, 
at its request, on any action taken to eliminate the risks posed by products which they 
have made available on the market. 

Article 11 
Cases in which obligations of manufacturers apply to importers and distributors 

An  importer  or  distributor  shall  be  considered  a  manufacturer  for  the  purposes  of  this 
Directive and he shall be subject to the obligations of the manufacturer under Article 7, where 
he places a product on the market under its name or trademark or modifies a product already 
placed on the market in such a way that compliance with the requirements of this Directive 
may be affected. 

Article 12 
Obligations of private importers 

1. 

If  neither  the  manufacturer  nor  his  authorised  representative  established  within  the 
Union  fulfils  the  responsibilities  for  the  conformity  of  the  product  with  this 

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2. 

3. 

Directive, a private importer shall carry out or have carried out the obligations of the 
manufacturer set out in paragraphs 1 to 4 and paragraph 7 and 9 of Article 7.  

If  the  required  technical  documentation  is  not  available  from  the  manufacturer,  the 
private  importer  shall  have  it  drawn  up  using  appropriate  expertise,  which  may 
include  a  Notified  body  which  is  not  involved  in  the  conformity  assessment  of  the 
product concerned. 

The  private  importer  shall  ensure  that  the  name  and  address  of  the  Notified  body 
which  has  carried  out  the  conformity  assessment  of  the  product  is  marked  on  the 
product. 

Article 13 
Identification of economic operators 

1. 

Economic  operators  shall,  on  request,  identify  the  following  to  the  market 
surveillance authorities: 

(a) 

(b) 

any economic operator who has supplied them with a product; 

any economic operator to whom they have supplied a product. 

Economic  operators  shall  be  able  to  present  the  information  referred  to  in  the  first 
paragraph for a period of 10 years after they have been supplied with the product and 
for a period of 10 years after they have supplied the product. 

2. 

Private importers shall, on request, identify to the market surveillance authorities the  
economic operator who has supplied them with the product. 

Private  importers  shall  be  able  to  present  the  information  referred  to  in  the  first 
subparagraph for a period of 10 years after they have been supplied with the product.  

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CHAPTER III 
CONFORMITY OF THE PRODUCT 

Article 14  
Presumption of conformity 

Products which are in conformity with harmonised standards or parts thereof the references of 
which have been published in the Official Journal of the European Union shall be presumed 
to be in conformity with the requirements covered by those standards or parts thereof, set out 
in Article 4(1) and Annex I. 

Article 15 
Formal objection to a harmonised standard 

When a Member State or the Commission considers that a harmonised standard does 
not entirely satisfy the requirements which it covers and which are set out in Article 
4(1)  and  Annex  I,  the  Commission  or  the  Member  State  concerned  shall  bring  the 
matter  before  the  Committee  set  up  by  Article  5  of  Directive  98/34/EC,  giving  its 
arguments.  The  Committee  shall,  having  consulted 
the  relevant  European 
standardisation bodies, deliver its opinion without delay. 

In the light of the Committee's opinion, the Commission shall decide to publish, not 
to publish, to publish with restriction, to maintain, to maintain with restriction or to 
withdraw the references to the harmonised standard concerned in or from the Official 
Journal of the European Union. 

The Commission  shall inform the European standardisation body concerned and, if 
necessary, request the revision of the harmonised standards concerned. 

Article 16 
EU declaration of conformity 

The  EU  declaration  of  conformity  shall  state  that  the  fulfilment  of  requirements 
specified in Article 4(1) and Annex I has been demonstrated. 

The EU declaration of conformity shall have the model structure set out in Annex IV 
to this Directive, shall contain the elements specified in the relevant modules set out 
in Annex II to Decision 768/2008/EC and shall be continuously updated. It shall be 
translated  into  the  language  or  languages  required  by  the  Member  State  on  whose 
market the product is made available or put into service. 

By  drawing  up  the  EU  declaration  of  conformity,  the  manufacturer  or  private 
importer shall assume responsibility for the compliance of the product. 

1. 

2. 

3. 

1. 

2. 

3. 

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4. 

The EU declaration of conformity shall always accompany the following: 

(a) 

(b) 

(c) 

the  watercraft  and  shall  be  included  with  the  owner´s  manual  referred  to  in 
point 2.5 of Part A of Annex I; 

the components when placed on the market separately; 

propulsion engines and shall be included with the owner´s manual referred to 
in point 4 of Part B of Annex I. 

Article 17 
General principles of the CE marking 

The CE marking shall be subject to the general principles set out in Article 30 of Regulation 
(EC) No 765/2008.  

Article 18 
Products subject to CE marking 

1. 

The following products shall bear the CE marking when they are made available on 
the market or put into service: 

(a) 

(b) 

(c) 

(d) 

watercraft  and  components  which  are  regarded  as  meeting  the  corresponding 
essential requirements set out in Annex I; 

outboard engines which are regarded as meeting the essential requirements set 
out in Parts B and C of Annex I; 

stern  drive  engines  with  integral  exhaust  which  are  regarded  as  meeting  the 
essential requirements set out in Parts B and C of Annex I; 

inboard  engines  and  stern  drive  engines  without  integral  exhaust  which  are 
regarded as meeting the exhaust emission requirements set out in Parts B and C 
of Annex I. 

Member States shall presume that the products referred to in paragraph 1 bearing the 
CE marking comply with this Directive. 

Article 19  
Rules and conditions for affixing the CE marking 

The  CE  marking  shall  be  affixed  visibly,  legibly  and  indelibly  to  the  products 
referred to in Article 18(1). In case of components, where that is not possible or not 
warranted on account of the size or nature of that product, it shall be affixed to the 
packaging and to the accompanying documents. 

The CE marking shall  be  affixed before the product is placed on the market or put 
into  service.  CE-marking,  and  the  identification  number  referred  to  in  paragraph  3, 
may be followed by a pictogram or any other mark indicating a special risk or use.  

2. 

1. 

2. 

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3. 

The CE marking shall be followed by the identification number of the notified body, 
where that body is involved in the production control phase.  

The identification number of the notified body shall be affixed by the body itself or, 
under its instructions, by the manufacturer or its authorised representative. 

CHAPTER IV  
CONFORMITY ASSESSMENT 

Article 20  
Applicable conformity assessment procedures 

1. 

2. 

3. 

4. 

The manufacturer or his authorised representative shall apply the procedures set out 
in  the  modules  referred  to  in  Articles  21,  22  and  23  before  placing  on  the  market 
products referred to in Article 2(1).  

The private importer shall apply the procedure referred to in Article 24 before putting 
into service a product referred to in Article 2(1) if neither the manufacturer nor his 
authorised  representative  has  carried  out  the  conformity  assessment  for  the  product 
concerned. 

Any  person  placing  on  the  market  or  putting  into  service  an  engine  or  a  watercraft 
after a major modification or conversion thereof or any person changing the intended 
purpose of a watercraft not covered by the scope this Directive in a way that it falls 
under its scope shall apply the procedure referred to in Article 24 before placing the 
product on the market or putting it into service. 

Any person placing on the market a watercraft built for own use before the end of the 
5  year  period  referred  to  in  point  (vii)  of  Article  2(2)(a)  shall  apply  the  procedure 
referred to in Article 24 before placing the product on the market. 

Article 21 
Design and construction 

1. 

With regard to design and construction of recreational craft the following procedures 
set out in Annex II to Decision No 768/2008/EC shall apply: 

(a) 

For categories A and B referred to in point 1 of Part A of Annex I. 

(i) 

For recreational craft from 2,5 m to 12 m hull length any of the following 
modules:  

– 

– 

– 

module  A1  (internal  production  control  plus  supervised  product 
testing),  

module B (EU type-examination) together with module C, D, E or 
F,  

module G (conformity based on unit verification);  

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– 

module H (conformity based on full quality assurance); 

(ii)  For recreational craft from 12 m to 24 m hull length any of the following 

modules:  

– 

– 

– 

module B (EU type-examination) together with module C, D, E or 
F,  

module G (conformity based on unit verification);  

module H (conformity based on full quality assurance); 

(b) 

For category C referred to in point 1 of Part A of Annex I: 

(i) 

For  recreational  craft  from  2,5  m  to  12  m  hull  length,  any  of  the 
following modules: 

– 

– 

where  the  harmonised  standards  relating  to  points  3.2  and  3.3  of 
Part  A  of  Annex  I  are  complied  with:  module  A  (internal 
production  control),  module  A1  (internal  production  control  plus 
supervised  product  testing),  module  B  (EU  type-examination) 
together with module C, D, E or F, module G (conformity based on 
unit  verification)  or  module  H  (conformity  based  on  full  quality 
assurance); 

where  the  harmonised  standards  relating  to  points  3.2  and  3.3  of 
Part  A  of  Annex  I  are  not  complied  with:  module  A1  (internal 
production control plus supervised product testing), module B (EU 
type-examination)  together  with  module  C,  D,  E  or  F,  module  G 
(conformity  based  on  unit  verification)  or  module  H  (conformity 
based on full quality assurance); 

(ii)  For recreational craft from 12 m to 24 m hull length, any of the following 

modules:  

– 

– 

where  the  harmonised  standards  relating  to  points  3.2  and  3.3  of 
Part  A  of  Annex  I  are  complied  with:  Module  A1  (internal 
production control plus supervised product testing), module B (EU 
type-examination)  together  with  module  C,  D,  E  or  F,  module  G 
(conformity  based  on  unit  verification);  or  module  H  (conformity 
based on full quality assurance); 

where  the  harmonised  standards  relating  to  points  3.2  and  3.3  of 
Part  A  of  Annex  I  are  not  complied  with:  module  B  (EU  type-
examination)  together  with  module  C,  D,  E  or  F,  module  G 
(conformity  based  on  unit  verification)  or  module  H  (conformity 
based on full quality assurance); 

(c) 

for category D referred to in point 1 of Part A of Annex I: 

(i) 

for recreational craft from 2,5 m to 24 m hull length, any of the following 
modules:  

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– 

– 

– 

– 

– 

module A (internal production control) 

module  A1  (internal  production  control  plus  supervised  product 
testing),  

module B (EU type-examination) together with module C, D, E or 
F,  

module G (conformity based on unit verification);  

module H (conformity based on full quality assurance). 

2. 

With  regard  to  design  and  construction  of  personal  watercraft  any  of  the  following  
 procedures set out in Annex II to Decision No 768/2008/EC shall apply: 

(a) 

module A (internal production control) 

(b)  module A1 (internal production control plus supervised product testing),  

(c) 

module B (EU type-examination) together with module C, D, E or F,  

(d)  module G (conformity based on unit verification);  

(e) 

module H (conformity based on full quality assurance). 

3. 

With  regard  to  design  and  construction  of  components  any  of  the  following 
procedures set out in Annex II to Decision No 768/2008/EC shall apply:  

(a) 

module B (EU type-examination) together with module C, D, E or F,  

(b)  module G (conformity based on unit verification);  

(c) 

module H (conformity based on full quality assurance). 

Article 22 
Exhaust emissions 

With  regard  to  exhaust  emissions,  for  products  referred  to  in  Article  2(1)(d)  and  (e),  the 
engine  manufacturer  or  his  authorised  representative  in  the  Union  shall  apply  the  following 
procedures set out in Annex II to Decision No 768/2008/EC: 

(a) 

where tests are conducted using the harmonised standard, any of the following 
modules:  

(i)  module B (the EU type-examination) together with module C, D, E or F,  

(ii)  module G (conformity based on unit verification);  

(iii)  module H (conformity based on full quality assurance); 

(b) 

where  tests  are  conducted  without  using  the  harmonised  standard,  module  B 
together with module C1. 

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Article 23 
Noise emissions 

1. 

With regard to noise emissions for recreational craft with stern drive engines without 
integral  exhausts  or  inboard  propulsion  engine  installations  as  well  as  recreational 
craft  with  stern  drive  without  integral  exhausts  or  with  inboard  propulsion 
installations which are subject to major craft conversion and subsequently placed in 
the Union market within five years following conversion, the craft manufacturer or 
his  authorised  representative  established  in  the  Union  shall  apply  the  following 
procedures set out in Annex II to Decision No 768/2008/EC: 

(a) 

 where 
tests  are  conducted  using 
measurement, any of the following modules:  

the  harmonised  standard  for  noise 

(i)  module A1 (internal production control plus supervised testing); 

(ii)  module G (conformity based unit verification);  

(iii)  module H (conformity based on full quality assurance); 

(b)  Where  tests  are  conducted  without  using  the  harmonised  standard  for  noise 

measurement, module G (conformity based unit verification);  

(c)  Where  the  Froude  number  and  power  displacement  ratio  method  is  used  for 

assessment, any of the following modules:  

(i)  module A (internal production control); 

(ii)  module G (conformity based unit verification);  

(iii)  module H (conformity based on full quality assurance). 

2. 

With  regard  to  noise  emissions  for  personal  watercraft  and  outboard  engines  and 
stern  drive  engines  with  integral  exhausts  intended  for  installation  on  recreational 
craft,  the  personal  watercraft  or  engine  manufacturer  shall  apply  the  following 
procedures set out in Annex II to Decision No 768/2008/EC: 

(a)  Where 

tests  are  conducted  using 

the  harmonised  standard  for  noise 

measurement:  

(i)  module A1 (internal production control plus supervised testing); 

(ii)  module G (conformity based unit verification);  

(iii)  module H (conformity based on full quality assurance; 

(b)  Where  tests  are  conducted  without  using  the  harmonised  standard  for  noise 

measurement, module G (conformity based unit verification). 

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Article 24 
Post construction assessment 

The post construction assessment referred to in Article 20(2), (3) and (4) shall be carried out 
as set out in Annex V.  

1. 

2. 

3. 

4. 

5. 

1. 

2. 

Article 25 
Supplementary requirements 

When  Module  B  of  Annex  II  to  Decision  No  768/2008/EC  is  used,  the  EU  type 
examination shall be carried out in the manner specified in the second indent of point 
2 of that module. 

A production type referred to in Module B may cover several versions of the product 
provided  that  the  differences  between  the  versions  do  not  affect  the  level  of  safety 
and the other requirements concerning the performance of the product. 

When  module  A1  of  Annex  II  to  Decision  No  768/2008/EC  is  used,  the  products 
checks shall be carried out on one or several watercraft representing the production 
of the manufacturer and the supplementary requirements set out in Annex VI to this 
Directive shall apply. 

The possibility to use accredited in-house bodies referred to in modules A1 and C1 
of Annex II to Decision No 768/2008/EC shall not be applicable. 

When  module  F  of  Annex  II  to  Decision  No  768/2008/EC  is  used,  the  procedure 
described in Annex VII to this Directive shall apply for the assessment of conformity 
with the exhaust emission requirements. 

When Module C of Annex II to Decision No 768/2008/EC is used, 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 module H of Annex II to Decision No 768/2008/EC, a notified body chosen by the 
manufacturer  shall  carry  out  product  checks  or  have  them  carried  out  at  random 
intervals determined by that body, in order to verify the quality of the internal checks 
on  the  product.  When  the  quality  level  appears  unsatisfactory  or  when  it  seems 
necessary  to  verify  the  validity  of  the  data  presented  by  the  manufacturer,  the 
procedure set out in Annex VIII to this Directive shall apply. 

Article 26 
Technical documentation  

The technical documentation referred to in Article 7(2) shall contain all relevant data 
or details of the means used by the manufacturer to ensure that the product comply 
with  the  requirements  set  out  in  Article  4(1)  and  Annex  I.  It  shall,  in  particular, 
contain the documents listed in Annex IX. 

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

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CHAPTER V  
NOTIFICATION OF CONFORMITY ASSESSMENT BODIES 

Article 27  
Notification 

Member  States  shall  notify  the  Commission  and  the  other  Member  States  of  the  bodies 
authorised to carry out third-party conformity assessment tasks under this Directive. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

Article 28 
Notifying authorities 

Member  States  shall  designate  a  notifying  authority  that  shall  be  responsible  for 
setting  up  and  carrying  out  the  necessary  procedures  for  the  assessment  and 
notification of conformity assessment bodies for the purposes of this Directive, and 
for  the  monitoring  of  notified  bodies,  including  compliance  with  the  provisions  of 
Article 34. 

Member  States  may  decide  that  the  assessment  and  monitoring  referred  to  in 
paragraph 1 shall be carried out by a national accreditation body within the meaning 
of and in accordance with Regulation (EC) No 765/2008. 

Where  the  notifying  authority  delegates  or  otherwise  entrusts  the  assessment, 
notification  or  monitoring  referred  to  in  paragraph  1  to  a  body  which  is  not  a 
governmental  entity  that  body  shall  be  a  legal  entity  and  shall  comply  mutatis 
mutandis with the requirements laid down in Article 29. In addition, that body it shall 
have arrangements to cover liabilities arising out of its activities. 

The  notifying  authority  shall  take  full  responsibility  for  the  tasks  performed  by  the 
body referred to in paragraph 3. 

Article 29 
Requirements relating to notifying authorities 

Notifying  authorities  shall  be  established  in  such  a  way  that  no  conflict  of  interest 
with conformity assessment bodies occurs. 

Notifying  authorities  shall  be  organised  and  operated  so  as  to  safeguard  the 
objectivity and impartiality of their activities. 

Notifying authorities shall be organised in such a way that each decision relating to 
notification of a conformity assessment body is taken by competent persons different 
from those who carried out the assessment. 

Notifying  authorities  shall  not  offer  or  provide  any  activities  that  conformity 
assessment bodies perform or consultancy services on a commercial or competitive 
basis. 

EN 

37 

   EN 

 
5. 

6. 

Notifying  authorities  shall  safeguard  the  confidentiality  of  the  information  they 
obtain. 

Notifying authorities shall have a sufficient number of competent personnel at their 
disposal for the proper performance of their tasks. 

Article 30 
Information obligation on notifying authorities 

Member  States  shall  inform  the  Commission  of  their  procedures  for  the  assessment  and 
notification  of  conformity  assessment  bodies  and  the  monitoring  of  notified  bodies,  and  of 
any changes thereto. 

The Commission shall make that information publicly available. 

1. 

2. 

3. 

4. 

Article 31 
Requirements relating to notified bodies 

For the purposes of notification under this Directive, conformity assessment bodies 
shall meet the requirements laid down in paragraphs 2 to 11. 

Conformity assessment bodies shall be established under national law and shall have 
legal personality. 

A  conformity  assessment  body  shall  be  a  third-party  body  independent  of  the 
organisation or the product it assesses. 

A  body  belonging  to  a  business  association  or  professional  federation  representing 
undertakings  involved  in  the  design,  manufacturing,  provision,  assembly,  use  or 
maintenance of products which it assesses, may, on condition that its independence 
and  the  absence  of  any  conflict  of  interest  are  demonstrated,  be  considered  such  a 
body. 

A  conformity  assessment  body,  its  top  level  management  and  the  personnel 
responsible  for  carrying  out  the  conformity  assessment  tasks  shall  not  be  the 
designer,  manufacturer,  supplier,  installer,  purchaser,  owner,  user  or  maintainer  of 
the  products  which  they  assess,  nor  the  authorised  representative  of  any  of  those 
parties. This shall not preclude the use of assessed products that are necessary for the 
operations  of  the  conformity  assessment  body  or  the  use  of  such  products  for 
personal purposes. 

A  conformity  assessment  body,  its  top  level  management  and  the  personnel 
responsible  for  carrying  out  the  conformity  assessment  tasks  shall  not  be  directly 
involved  in  the  design  or  manufacture,  the  marketing,  installation,  use  or 
maintenance  of  those  products,  or  represent  the  parties  engaged  in  those  activities. 
They  shall  not  engage  in  any  activity  that  may  conflict  with  their  independence  of 
judgement or integrity in relation to conformity assessment activities for which they 
are notified. This shall in particular apply to consultancy services. 

EN 

38 

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5. 

6. 

Conformity assessment bodies shall ensure that the activities of their subsidiaries or 
subcontractors  do  not  affect  the  confidentiality,  objectivity  or  impartiality  of  their 
conformity assessment activities. 

Conformity  assessment  bodies  and  their  personnel  shall  carry  out  the  conformity 
assessment  activities  with  the  highest  degree  of  professional  integrity  and  the 
requisite  technical  competence  in  the  specific  field  and  shall  be  free  from  all 
pressures  and  inducements,  particularly  financial,  which  might  influence  their 
judgement  or  the  results  of  their  conformity  assessment  activities,  especially  as 
regards persons or groups of persons with an interest in the results of those activities. 

A  conformity  assessment  body  shall  be  capable  of  carrying  out  the  conformity 
assessment tasks assigned to it by the provisions of Articles 20 - 25 and in relation to 
which it has have been notified, whether those tasks are carried out by the conformity 
assessment body itself or on its behalf and under its responsibility.  

At all times and for each conformity assessment procedure and each kind or category 
of products in relation to which it has been notified, a conformity assessment body 
shall have at its disposal the necessary: 

(a) 

(b) 

(c) 

personnel with technical knowledge and sufficient and appropriate experience 
to perform the conformity assessment tasks; 

descriptions of procedures in accordance with which conformity assessment is 
carried  out  ensuring  the  transparency  and  ability  of  reproduction  of  those 
procedures. 

It  shall  have  appropriate  policies  and  procedures  in  place  that  distinguish 
between tasks it carries out as a notified body and other activities; 

procedures for the performance of activities which take due account of the size 
of  an  undertaking,  the  sector  in  which  it  operates,  its  structure,  the  degree  of 
complexity of the technology of the product in question and the mass or serial 
nature of the production process. 

It  shall  have  the  means  necessary to perform the  technical and administrative tasks 
connected  with  the  conformity  assessment  activities  in  an  appropriate  manner  and 
shall have access to all necessary equipment or facilities. 

7. 

The personnel responsible for carrying out the conformity assessment activities shall 
have the following: 

(a) 

(b) 

(c) 

sound technical and vocational training covering all the conformity assessment 
activities  in  relation  to  which  the  conformity  assessment  body  has  been 
notified; 

satisfactory  knowledge  of  the  requirements  of  the  assessments  they  carry  out 
and adequate authority to carry out those assessments; 

appropriate  knowledge  and  understanding  of  the  essential  requirements,  the 
applicable harmonised standards, the relevant Union harmonisation legislation 
and the relevant national legislation 

EN 

39 

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(d) 

the  ability  to  draw  up  certificates,  records  and  reports  demonstrating  that 
assessments have been carried out. 

8. 

The  impartiality  of  conformity  assessment  bodies,  their  top  level  management  and 
assessment personnel shall be ensured. 

9. 

10. 

11. 

The  remuneration  of  the  top  level  management  and  assessment  personnel  of  a 
conformity assessment body shall not depend on the number of assessments carried 
out or on the results of those assessments. 

Conformity  assessment  bodies  shall  take  out  liability  insurance  unless  liability  is 
assumed  by  the  Member  State  in  accordance  with  its  national  law,  or  the  Member 
State itself is directly responsible for the conformity assessment. 

The  personnel  of  a  conformity  assessment  body  shall  observe  professional  secrecy 
with regard to all information obtained in carrying out their tasks under Articles 20 - 
25 or any provision of national law giving effect to that Chapter, except in relation to 
the competent authorities of the Member State in which its activities are carried out. 
Proprietary rights shall be protected. 

Conformity  assessment  bodies  shall  participate  in,  or  ensure  that  their  assessment 
personnel are informed of, the relevant standardisation activities and the activities of 
the notified body coordination group established under Article 44, and shall apply as 
general guidance the administrative decisions and documents produced as a result of 
the work of that group. 

Article 32  
Presumption of conformity 

Where a conformity assessment body demonstrates its conformity with the criteria laid down 
in  the  relevant  harmonised  standards  or  parts  thereof  the  references  of  which  have  been 
published in the Official Journal of the European Union it shall be presumed to comply with 
the requirements set out in Article 31 in so far as the applicable harmonised standards cover 
those requirements. 

Article 33 
Formal objection to a harmonised standard 

Where a Member State or the Commission has a formal objection to the harmonised standards 
referred to in Article 32, the provisions of Article 15 shall apply. 

Article 34 
Subsidiaries of and subcontracting by notified bodies 

1. 

Where  a  notified  body  subcontracts  specific  tasks  connected  with  conformity 
assessment  or  has  recourse  to  a  subsidiary,  it  shall  ensure  that  the  subcontractor  or 
the  subsidiary  meets  the  requirements  set  out  in  Article  31  and  shall  inform  the 
notifying authority accordingly. 

EN 

40 

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2. 

3. 

4. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

Notified  bodies  shall 
the 
subcontractors or subsidiaries wherever these are established. 

take  full  responsibility  for 

tasks  performed  by 

Activities  may  be  subcontracted  or  carried  out  by  a  subsidiary  only  with  the 
agreement of the client. 

Notified  bodies  shall  keep  at  the  disposal  of  the  notifying  authority  the  relevant 
documents concerning the assessment of the qualifications of the subcontractor or the 
subsidiary and the work carried out by them under Articles 20 - 25. 

Article 35 
Application for notification 

A  conformity  assessment  body  shall  submit  an  application  for  notification  to  the 
notifying authority of the Member State in which it is established. 

That application referred to in paragraph 1 shall be accompanied by a description of 
the conformity assessment activities, the conformity assessment module or modules 
and the product or products for which that body claims to be competent, as well as by 
an accreditation certificate, where one exists, issued by a national accreditation body 
attesting  that  the  conformity  assessment  body  fulfils  the  requirements  laid  down  in 
Article 31. 

Where  the  conformity  assessment  body  concerned  cannot  provide  an  accreditation 
certificate, it shall provide the notifying authority with all the documentary evidence 
necessary for the verification, recognition and regular monitoring of its compliance 
with the requirements laid down in Article 31. 

Article 36  
Notification procedure 

Notifying  authorities  may  notify  only  conformity  assessment  bodies  which  have 
satisfied the requirements laid down in Article 31. 

Notifying authorities shall notify the Commission and the other Member States using 
the electronic notification tool developed and managed by the Commission. 

The notification shall include full details of the conformity assessment activities, the 
conformity  assessment  module  or  modules,  product  or  products  concerned  and  the 
relevant attestation of competence. 

Where  a  notification  is  not  based  on  an  accreditation  certificate  as  referred  to  in 
Article  35(2),  the  notifying  authority  shall  provide  the  Commission  and  the  other 
Member  States  with  documentary  evidence  which  attests  to  the  conformity 
assessment body's competence and the arrangements in place to ensure that that body 
will be monitored regularly and will continue to satisfy the requirements laid down in 
Article 31. 

5. 

The  body  concerned  may  perform  the  activities  of  a  notified  body  only  where  no 
objections  are  raised  by  the  Commission  or  the  other  Member  States  within  two 

EN 

41 

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weeks  of  a  notification  where  an  accreditation  certificate  is  used  or  within  two 
months of a notification where accreditation is not used. 

Only  such  a  body  shall  be  considered  a  notified  body  for  the  purposes  of  this 
Directive. 

6. 

The  Commission  and  the  other  Member  States  shall  be  notified  of  any  subsequent 
relevant changes to the notification. 

Article 37  
Identification numbers and lists of notified bodies 

1. 

The Commission shall assign an identification number to a notified body. 

2. 

1. 

2. 

1. 

2. 

It  shall  assign  a  single  such  number  even  where  the  body  is  notified  under  several 
Union acts. 

The Commission shall make publicly available the list of the bodies notified under 
this Directive, including the identification numbers that have been allocated to them 
and the activities for which they have been notified. 

The Commission shall ensure that that list is kept up to date. 

Article 38  
Changes to notifications 

Where a notifying authority has ascertained or has been informed that a notified body 
no longer meets the requirements laid down in Article 31, or that it is failing to fulfil 
its obligations, the notifying authority shall restrict, suspend or withdraw notification 
as  appropriate,  depending  on  the  seriousness  of  the  failure  to  meet  those 
requirements or fulfil those obligations. It shall immediately inform the Commission 
and the other Member States accordingly. 

In  the  event  of  restriction,  suspension  or  withdrawal  of  notification,  or  where  the 
notified  body  has  ceased  its  activity,  the  notifying  Member  State  shall  take 
appropriate steps to ensure that the files of that body are either processed by another 
notified body or kept available for the responsible notifying and market surveillance 
authorities at their request. 

Article 39 
Challenge of the competence of notified bodies 

The Commission shall investigate all cases where it doubts, or doubt is brought to its 
attention regarding, the competence of a notified body or the continued fulfillment by 
a notified body of the requirements and responsibilities to which it is subject. 

The  notifying  Member  State  shall  provide  the  Commission,  on  request,  with  all 
information  relating  to  the  basis  for  the  notification  or  the  maintenance  of  the 
competence of the body concerned. 

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3. 

4. 

1. 

2. 

3. 

4. 

5. 

The Commission shall ensure that all sensitive information obtained in the course of 
its investigations is treated confidentially. 

Where  the  Commission  ascertains  that  a  notified  body  does  not  meet  or  no  longer 
meets the requirements for its notification, it shall inform the notifying Member State 
accordingly  and  request  it  to  take  the  necessary  corrective  measures,  including  de-
notification if necessary. 

Article 40 
Operational obligations of notified bodies 

Notified  bodies  shall  carry  out  conformity  assessments  in  accordance  with  the 
conformity assessment procedures provided for in articles 20 - 25. 

Conformity  assessments  shall  be  carried  out  in  a  proportionate  manner,  avoiding 
unnecessary  burdens  for  economic  operators.  Conformity  assessment  bodies  shall 
perform their activities taking due account of the size of an undertaking, the sector in 
which it operates, its structure, the degree of complexity of the product technology in 
question and the mass or serial nature of the production process. 

In  so  doing  they  shall  nevertheless  respect  the  degree  of  rigour  and  the  level  of 
protection required for the compliance of the product with this Directive. 

Where a notified body finds that requirements laid down in Article 4 (1) and Annex I 
or  in  corresponding  harmonised  standards  have  not  been  met  by  a  manufacturer,  it 
shall require that manufacturer to take appropriate corrective measures and shall not 
issue a conformity certificate. 

Where,  in  the  course  of  the  monitoring  of  conformity  following  the  issue  of  a 
certificate,  a  notified  body  finds  that  a  product  is  no  longer  in  compliance,  it  shall 
require the manufacturer to take appropriate corrective measures and shall suspend or 
withdraw the certificate if necessary. 

Where  corrective  measures  are  not  taken  or  do  not  have  the  required  effect,  the 
notified body shall restrict, suspend or withdraw any certificates, as appropriate. 

Article 41  

Appeal procedure 

Member States shall ensure that an appeal procedure against decisions of the notified bodies 
is available 

Article 42 
Information obligation on notified bodies 

1. 

Notified bodies shall inform the notifying authority of the following: 

(a) 

any  refusal,  restriction,  suspension  or  withdrawal  of  a  certificate  or  approval 
decision; 

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(b) 

(c) 

(d) 

any circumstances affecting the scope of and conditions for notification; 

any request for information which they have received from market surveillance 
authorities regarding conformity assessment activities; 

on  request,  conformity  assessment  activities  performed  within  the  scope  of 
their  notification  and  any  other  activity  performed,  including  cross-border 
activities and subcontracting. 

2. 

Notified bodies shall provide the other bodies notified under this Directive carrying 
out  similar  conformity  assessment  activities  covering  the  same  products  with 
relevant  information  on  issues  relating  to  negative  and,  on  request,  positive 
conformity assessment results. 

Article 43 
Exchange of experience 

The  Commission  shall  provide  for  the  organisation  of  exchange  of  experience  between  the 
Member States' national authorities responsible for notification policy. 

Article 44 
Coordination of notified bodies 

The Commission shall ensure that appropriate coordination and cooperation between bodies 
notified under this Directive are put in place and properly operated in the form of a sectoral 
group or groups of notified bodies. 

Member  States  shall  ensure  that  the  bodies  notified  by  them  participate  in  the  work  of  that 
group or groups, directly or by means of designated representatives. 

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CHAPTER VI 
UNION MARKET SURVEILLANCE, CONTROL OF 
PRODUCTS ENTERING THE UNION MARKET AND 
SAFEGUARD PROCEDURES 

Article 45 
Union market surveillance and control of products entering the Union market 

Article  15(3)  and  Articles  16  to  29  of  Regulation  (EC)  No  765/2008  shall  apply  to 
surveillance and control of products covered by this Directive.  

1. 

2. 

3. 

Article 46 
Procedure for dealing with products presenting a risk at national level 

Where  the  market  surveillance  authorities  of  one  Member  State  have  taken  action 
pursuant  to  Article  20  of  Regulation  (EC)  No  765/2008,  or  where  they  have 
sufficient reason to believe that a product covered by this Directive presents a risk to 
the  health  or  safety  of  persons  or  to  environmental  and  consumer  protection 
requirements covered by this Directive they shall carry out an evaluation in relation 
to  the  product  concerned  covering  all  the  requirements  laid  down  in  this  Directive. 
The relevant economic operators or the private importer shall cooperate as necessary 
with the market surveillance authorities. 

Where, in the course of that evaluation, the market surveillance authorities find that 
the product does not comply with the requirements laid down in this Directive, they 
shall without delay require the relevant economic operator or the private importer to 
take all appropriate corrective action to bring the product into compliance with those 
requirements,  to  withdraw  the  product  from  the  market,  or  to  recall  it  within  a 
reasonable period, commensurate with the nature of the risk, as they may prescribe. 

The  market  surveillance  authorities  shall  inform  the  relevant  notified  body 
accordingly. 

Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in 
the second subparagraph of this paragraph. 

Where  the  market  surveillance  authorities  consider  that  non-compliance  is  not 
restricted to their national territory, they shall inform the Commission and the other 
Member  States  of  the  results  of  the  evaluation  and  of  the  actions  which  they  have 
required the relevant economic operator or the private importer to take. 

The economic operator shall ensure that all appropriate corrective action is taken in 
respect  of  all  the  products  concerned  that  it  has  made  available  on  the  market 
throughout the Union.  

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The  private  importer  shall  ensure  that  all  appropriate  corrective  action  is  taken  in 
respect of the product that he has imported in the Union for his own use. 

Where  the  relevant  economic  operator  does  not  take  adequate  corrective  action 
within the period referred to in the second subparagraph of paragraph 1, the market 
surveillance authorities shall take all appropriate provisional measures to prohibit or 
restrict  the  product  being  made  available  on  their  national  market,  to  withdraw  the 
product from that market or to recall it. 

Where the private importer does not take adequate corrective action within the period 
referred  to  in  the  second  subparagraph  of  paragraph  1,  the  market  surveillance 
authorities  shall  take  all  appropriate  provisional  measures  to  prohibit  or  restrict  the 
product's use on their national market. 

The  market  surveillance  authorities  shall  inform  the  Commission  and  the  other 
Member States, without delay, of those measures. 

The  information  referred  to  in  paragraph  4  shall  include  all  available  details,  in 
particular the data necessary for the identification of the non-compliant product, the 
origin of the product, the nature of the non-compliance alleged and the risk involved, 
the nature and duration of the national measures taken and the arguments put forward 
by the relevant economic operator or the private importer. In particular, the market 
surveillance authorities shall indicate whether the non-compliance is due to either: 

(a) 

(b) 

failure  of  the  product  to  meet  requirements  relating  to  the  health  or  safety  of 
persons or to environmental and consumer  protection requirements laid  down 
in this Directive; or 

shortcomings in the harmonised standards referred to in article 15 conferring a 
presumption of conformity. 

Member  States  other  than  the  Member  State  initiating  the  procedure  shall  without 
delay inform the Commission and the other Member States of any measures adopted 
and of any additional information at their disposal relating to the non-compliance of 
the  product  concerned,  and,  in  the  event  of  disagreement  with  the  notified  national 
measure, of their objections. 

Where, within 3 months of receipt of the information referred to in paragraph 4, no 
objection has been raised by either a Member State or the Commission in respect of a 
provisional  measure  taken  by  a  Member  State,  that  measure  shall  be  deemed 
justified. 

Member States shall ensure that appropriate restrictive measures are taken in respect 
of  the  product  concerned,  such  as  withdrawal  of  the  product  from  their  market, 
without delay. 

4. 

5. 

6. 

7. 

8. 

Article 47 
Union safeguard procedure 

1. 

Where,  on  completion  of  the  procedure  set  out  in  Article  46(3)  and  (4),  objections 
are  raised  against  a  measure  taken  by  a  Member  State,  or  where  the  Commission 

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considers  a  national  measure  to  be  contrary  to  Union  legislation,  the  Commission 
shall without delay enter into consultation with the Member States and the relevant 
economic operator or operators or the private importer and shall evaluate the national 
measure. On the basis of the results of that evaluation, the Commission shall decide 
whether the national measure is justified or not. 

The  Commission  shall  address  its  decision  to  all  Member  States  and  shall 
immediately communicate it to them and the relevant economic operator or operators 
or the private importer. 

If  the  national  measure  is  considered  justified,  all  Member  States  shall  take  the 
measures necessary to ensure that the non-compliant product is withdrawn from their 
market,  and  shall  inform  the  Commission  accordingly.  If  the  national  measure  is 
considered unjustified, the Member State concerned shall withdraw the measure. 

Where the national measure is considered to be justified and the non-compliance of 
the product is attributed to shortcomings in the harmonised standards referred to in 
point  (b)  of  Article  46(5),  the  Commission  shall  inform  the  relevant  European 
standardisation body or bodies and shall bring  the  matter  before  the  Committee  set 
up  by  Article  5  of  Directive  98/34/EC.  That  Committee  shall  consult  the  relevant 
European standardisation body or bodies and deliver its opinion without delay. 

Article 48 
Formal non-compliance 

Without prejudice to Article 46, where a Member State makes one of the following 
findings, it shall require the relevant economic operator or the private importer to put 
an end to the non-compliance concerned: 

(a) 

the conformity marking has been affixed in violation of Article 17, 18 or 19; 

(b) 

the conformity marking has not been affixed; 

(c) 

(d) 

(e) 

the EU declaration of conformity has not been drawn up; 

the EU declaration of conformity has not been drawn up correctly; 

the technical documentation is either not available or not complete. 

Where  the  non-compliance  referred  to  in  paragraph  1  persists,  the  Member  State 
concerned shall take all appropriate measures to restrict or prohibit the product being 
made  available  on  the  market  or  ensure  that  it  is  recalled  or  withdrawn  from  the 
market, or in the case of a product imported by a private importer for his own use, 
that its use is prohibited or restricted. 

2. 

3. 

1. 

2. 

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CHAPTER VII 
DELEGATED ACTS AND IMPLEMENTING ACTS 

Article 49 
Delegating power 

The Commission shall be empowered to adopt delegated acts in accordance with Article 50 to 
amend the following Annexes to take into account the progress of technical knowledge and 
new scientific evidence:  

(a) 

point 2 of Part B and point 1 of Part C of Annex I, excluding direct or indirect 
modifications  to  exhaust  or  noise  emission  values  and  to  the  Froude  and  P/D 
ratio values; 

(b) 

 Annexes V; VII and IX.. 

The amendments  referred to in point (a)  may include  amendments  to  reference  fuels  and to 
the requirements for exhaust and noise emissions testing and to durability criteria. 

Article 50 
Exercise of the delegation 

1. 

2. 

3. 

4. 

5. 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article.  

The  delegation  of  power  referred  to  in  Article  49  shall  be  conferred  for  an 
indeterminate period of time from the date specified in Article 60.  

The delegation of powers referred to in Article 49 may be revoked at any time by the 
European Parliament or by the Council. A decision of revocation shall put an end to 
the  delegation  of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day 
following  the  publication  of  the  decision  in  the  Official  Journal  of  the  European 
Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated acts already in force.  

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  

A  delegated  act  adopted  pursuant  to  Article  49  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of 2 months of notification of that act to the European Parliament and 
the Council or if, before the expiry of that period, the European Parliament and the 
Council  have  both  informed  the  Commission  that  they  will  not  object.  That  period 
shall  be  extended  by  2  months  at  the  initiative  of  the  European  Parliament  or  the 
Council. 

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Article 51 
Implementing acts 

The measures necessary for the implementation of this Directive ensuring that it is applied in 
a uniform manner, in particular as regards the implementation of the requirements foreseen in 
Article 25 and of the provisions concerning boat design categories, builder’s plate, discharge 
prevention and navigation lights foreseen in part A of Annex I, shall be adopted in accordance 
with the procedure referred to in Article 52(2). 

Article 52 
Committee procedure 

1. 

2. 

The  Commission  shall  be  assisted  by  a  committee.  That  committee  shall  be  a 
committee within the meaning of Regulation (EU) No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply, having regard to the provisions of Article 8 thereof. 

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CHAPTER VIII 
SPECIFIC ADMINISTRATIVE PROVISIONS 

Article 53 
Reporting 

By [[dd/mm/yyyy] five years after the date referred to in the second subparagraph of Article 
57(1)] and every five years thereafter , Member States shall send the Commission a report on 
the  application  of  this  Directive.  That  report  shall  contain  an  evaluation  of  the  situation 
concerning the safety and environmental performance of the products and of the effectiveness 
of this Directive, as well as a presentation of the market surveillance activities performed by 
that Member State.  

The Commission shall draw up and publish a summary of the national reports. 

Article 54 
Motivation of measures 

Any measure taken pursuant to this Directive to prohibit or restrict the placing on the market 
or  putting  into  service  of  a  product,  to  withdraw  a  product  or  to  recall  a  product  from  the 
market shall state the exact grounds on which it is based. 

Such measures shall be notified without delay to the party concerned, which shall at the same 
time  be  informed  of  the  remedies  available  to  it  under  the  laws  in  force  in  the  relevant 
Member State and of the time limits applicable to them. 

Article 55 
Transparency 

The Commission shall take the necessary measures to ensure that data affecting all pertinent 
decisions concerning the application of this Directive are made available. 

Article 56  
Penalties 

Member  States  shall  lay  down  rules  on  penalties,  which  may  include  criminal  sanctions  for 
serious infringements, applicable to infringements of the national provisions adopted pursuant 
to this Directive and shall take all measures necessary to ensure that they are implemented.  

The  penalties  provided  for  shall  be  effective,  proportionate  and  dissuasive  and  may  be 
increased if the relevant economic operator or the private importer has previously committed 
a similar infringement of this Directive. 

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Member  States  shall  notify  those  provisions  to  the  Commission  by  [[dd/mm/yyyy]  the  date 
specified in the second subparagraph of Article 57(1)] at the latest and shall notify it without 
delay of any subsequent amendment affecting them. 

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CHAPTER IX 
FINAL AND TRANSITIONAL PROVISIONS 

Article 57  
Transposition 

1. 

2. 

1. 

2. 

Member States shall adopt and publish, by [[dd/mm/yyyy] 18 months after the entry 
into  force  foreseen  in  Article  61]  at  the  latest,  the  laws,  regulations  and 
administrative  provisions  necessary  to  comply  with  this  Directive.  They  shall 
forthwith  communicate  to  the  Commission  the  text  of  those  provisions  and  a 
correlation table between those provisions and this Directive. 

They shall apply these provisions from [[dd/mm/yyyy] two years after the entry into 
force foreseen in Article 61]. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

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

Article 58 
Transitional period 

Member  States  shall  not  impede  the  making  available  on  the  market  or  the  putting 
into service of products covered by Directive 94/25/EC which are in conformity with 
that  Directive  and  which  were  placed  on  the  market  or  put  into  service  before 
[dd/mm/yyyy  ](1  year  after  the  date  referred  to  in  the  second  subparagraph  of 
Article 57). 

Member  States  shall  not  impede the  making  available  on  the  market  or  the  putting 
into  service  of  outboard  SI  engines  with  power  below  15  kilowatts  which  comply 
with the stage I exhaust emission limits laid down in point 2.1 of Part B of Annex I 
and which were manufactured by small and medium-sized enterprises as defined in 
Commission  Recommendation  2003/361/EC25  and  placed  on  the  market before 
[dd/mm/yyyy]  (4  years  after  the  referred  to  in  the  second  subparagraph  of  Article 
57). 

25 

OJ [...] 

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Article 59 
Repeal 

Directive 94/25/EC is repealed with effect from [[dd/mm/yyyy] the date set out in the second 
subparagraph of Article 57(1)].  

References to the repealed Directive shall be construed as references to this Directive.  

Article 60  
Entry into force 

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

Article 61  
Addressees 

This Directive is addressed to the Member States. 

Done at […],  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 

ESSENTIAL REQUIREMENTS 

A. Essential safety requirements for the design and construction. 

1. 

BOAT DESIGN CATEGORIES 

Design category 

Wind force 
(Beaufort scale) 

Significant wave height 
(H 1/3, metres) 

A – ’Ocean’ 

B – ’Offshore’ 

C – ’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 

D – ’Sheltered waters’ 

up to, and including, 4 

up to, and including, 0,3 

Explanatory notes: 

A. 

B. 

C. 

D. 

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. 

OFFSHORE: Designed for offshore voyages where conditions up to, and including, 
wind  force  8  and  significant  wave  heights  up  to,  and  including,  4  m  may  be 
experienced. 

INSHORE: Designed for voyages in coastal waters, large bays, estuaries, lakes and 
rivers  where  conditions  up  to,  and  including,  wind  force  6  and  significant  wave 
heights up to, and including, 2 m may be experienced. 

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. 

Recreational  craft  in  each  Category  must  be  designed  and  constructed  to  withstand  the 
parameters in respect of stability, buoyancy, and other relevant essential requirements listed in 
Annex I, and to have good handling characteristics. 

2. 

GENERAL REQUIREMENTS 

2.1.  Watercraft identification 

Each watercraft shall be marked with a 14-digit identification number including the following 
information: 

(29)  manufacturer's code, 

(30)  country of manufacture, 

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(31)  unique serial number, 

(32)  month and year of production, 

(33)  model year. 

Detailed  requirements  for  the  marking  referred  to  in  the  first  paragraph  are  set  out  in  the 
relevant harmonised standard. 

2.2. 

Builder’s plate 

Each watercraft shall carry a permanently affixed plate mounted separately from the boat hull 
identification number, containing the at least following information: 

(a) 

manufacturer's name, registered trade name or registered trade mark; 

(b) 

CE marking;  

(c) 

boat design category according to Section 1; 

(d)  manufacturer's maximum recommended load derived from point 3.6 excluding 

the weight of the contents of the fixed tanks when full; 

(e) 

number of persons recommended by the manufacturer for which the watercraft 
was designed to carry when under way. 

In the case of private import, the contact details and the recommendations referred to in points 
(a), (d) and (e) shall include those of the notified body which has carried out the conformity 
assessment. 

2.3. 

Protection from falling overboard and means of reboarding 

Watercraft  shall  be  designed  to  minimise  the  risks  of  falling  overboard  and  to  facilitate 
reboarding. 

2.4. 

Visibility from the main steering position 

For motor boats, the main steering position shall give the operator, under normal conditions of 
use (speed and load), good all-round visibility. 

2.5. 

Owner’s manual 

Each watercraft shall be provided with an owner's manual in accordance with Article 7(7) and 
Article 9(4). This manual shall draw particular attention to risks of fire and flooding and shall 
contain the information referred to in points 2.2, 3.6 and 4 as well as the unlade weight of the 
watercraft in kilograms. 

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3. 

INTEGRITY AND STRUCTURAL REQUIREMENTS 

3.1. 

Structure 

The choice and combination of materials and its construction shall ensure that the watercraft 
is  strong  enough  in  all  respects.  Special  attention  shall  be  paid  to  the  design  category 
according  to  Section  1,  and  the  manufacturer's  maximum  recommended  load  in  accordance 
with point 3.6. 

3.2. 

Stability and freeboard 

The  watercraft  shall  have  sufficient  stability  and  freeboard  considering  its  design  category 
according  to  Section  1  and  the  manufacturer's  maximum  recommended  load  according  to 
point 3.6. 

3.3. 

Buoyancy and flotation 

The  watercraft  shall  be  constructed  as  to  ensure  that  it  has  buoyancy  characteristics 
appropriate  to  its  design  category  according  to  point  1.1,  and  the  manufacturer's  maximum 
recommended load according to point 3.6. All habitable multihull craft shall be so designed 
that it is either not susceptible to inversion or it has sufficient buoyancy to remain afloat in the 
inverted position. 

Watercraft  of  less  than  six  metres  in  length  that  are  susceptible  to  swamping  when  used  in 
their  design  category  shall  be  provided  with  appropriate  means  of  flotation  in  the  swamped 
condition. 

3.4. 

Openings in hull, deck and superstructure 

Openings  in  hull,  deck(s)  and  superstructure  shall  not  impair  the  structural  integrity  of  the 
watercraft or its weather tight integrity when closed. 

Windows, port lights, doors and hatch covers shall withstand the water pressure likely to be 
encountered in their specific position, as well as point loads applied by the weight of persons 
moving on deck. 

Through hull fittings designed to allow water passage into the hull or out of the hull, below 
the waterline corresponding to the manufacturer's maximum recommended load in accordance 
with point 3.6, shall be fitted with a means of shutoff which shall be readily accessible. 

3.5. 

Flooding 

All watercraft shall be designed so as to minimise the risk of sinking. 

Where appropriate, particular attention shall be paid to: 

(a) 

cockpits  and  wells,  which  should  be  self-draining  or  have  other  means  of 
keeping water out of the boat interior; 

(b) 

ventilation fittings; 

(c) 

removal of water by pumps or other means. 

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3.6.  Manufacturer's maximum recommended load 

The  manufacturer's  maximum  recommended  load  (fuel,  water,  provisions,  miscellaneous 
equipment  and  people  (in  kilograms))  for  which  the  watercraft  was  designed,  shall  be 
determined  according  to  the  design  category  (Section  1),  stability  and  freeboard  (point  3.2) 
and buoyancy and flotation (point 3.3). 

3.7. 

Life raft stowage 

All  watercraft  of  categories  A  and  B,  and  watercraft  of  categories  C  and  D  longer  than  six 
metres  shall  be  provided  with  one  or  more  stowage  points  for  a  life  raft  (life  rafts)  large 
enough to hold the number of persons the boat was designed to carry as recommended by the 
manufacturer. Life raft stowage point(s) shall be readily accessible at all times. 

3.8. 

Escape 

All habitable multihull craft that is susceptible of inversion when used in their design category 
shall be provided with viable means of escape in the event of inversion. 

All watercraft shall be provided with viable means of escape in the event of fire. 

3.9. 

Anchoring, mooring and towing 

All  watercraft,  taking  into  account  their  design  category  and  their  characteristics  shall  be 
fitted with one or more strong points or other means capable of safely accepting anchoring, 
mooring and towing loads. 

4. 

HANDLING CHARACTERISTICS 

The  manufacturer  shall  ensure  that  the  handling  characteristics  of  the  watercraft  are 
satisfactory with the most powerful engine for which the boat is designed and constructed. For 
all  recreational  marine  engines,  the  maximum  rated  engine  power  shall  be  declared  in  the 
owner’s manual. 

5. 

INSTALLATION REQUIREMENTS 

5.1. 

Engines and engine spaces 

5.1.1. 

Inboard engine 

All  inboard  mounted  engines  shall  be  placed  within  an  enclosure  separated  from  living 
quarters and installed so as to minimise the risk of fires or spread of fires as well as hazards 
from toxic fumes, heat, noise or vibrations in the living quarters. 

Engine parts and accessories that require frequent inspection and/or servicing shall be readily 
accessible. 

The insulating materials inside engine spaces shall not sustain combustion. 

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5.1.2.  Ventilation 

The engine compartment shall be ventilated. The dangerous ingress of water into the engine 
compartment through all openings must be prevented. 

5.1.3.  Exposed parts 

Unless the engine is protected by a cover or its own enclosure, exposed moving or hot parts of 
the engine that could cause personal injury shall be effectively shielded. 

5.1.4.  Outboard engines starting 

All  boats  with  outboard  engines  shall  have  a  device  to  prevent  starting  the  engine  in  gear, 
except: 

(a) 

(b) 

when the engine produces less than 500 Newton’s (N) of static thrust; 

when  the  engine  has  a  throttle  limiting  device  to  limit  thrust  to  500  N  at  the 
time of starting the engine. 

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. 

5.2. 

Fuel system 

5.2.1.  General 

The filling, storage, venting and fuel-supply arrangements and installations shall be designed 
and installed so as to minimise the risk of fire and explosion. 

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.  

Petrol fuel tanks shall not form part of the hull and shall be: 

(a) 

protected against fire from the engine and from all other source of ignition; 

(b) 

separated from living quarters. 

Diesel fuel tanks may be integral with the hull. 

5.3. 

Electrical system 

Electrical  systems  shall  be  designed  and  installed  so  as  to  ensure  proper  operation  of  the 
watercraft  under  normal  conditions  of  use  and  shall  be  such  as  to  minimise  risk  of  fire  and 
electric shock. 

EN 

58 

   EN 

 
Attention shall be paid to the provision of overload and short-circuit protection of all circuits, 
except engine starting circuits, supplied from batteries. 

Ventilation shall  be provided  to prevent the accumulation of gases,  which  might be emitted 
from batteries. Batteries shall be firmly secured and protected from ingress of water. 

5.4. 

Steering system 

5.4.1.  General 

Steering and propulsion control systems shall be designed, constructed and installed in order 
to allow the transmission of steering loads under foreseeable operating conditions. 

5.4.2.  Emergency arrangements 

Sailboat  and  single-engined  inboard  powered  motor  boats  with  remote-controlled  rudder 
steering  systems  shall  be  provided  with  emergency  means  of  steering  the  watercraft  at 
reduced speed. 

5.5. 

Gas system 

Gas systems for domestic use shall be of the vapour-withdrawal type and shall  be designed 
and installed so as to avoid leaks and the risk of explosion and be capable of being tested for 
leaks.  Materials  and  components  shall  be  suitable  for  the  specific  gas  used  to  withstand  the 
stresses and exposures found in the marine environment. 

Each  appliance  shall  be  equipped  with  a  flame  failure  device  effective  on  all  burners.  Each 
gas-consuming  appliance  must  be  supplied  by  a  separate  branch  of  the  distribution  system, 
and  each  appliance  must  be  controlled  by  a  separate  closing  device.  Adequate  ventilation 
must be provided to prevent hazards from leaks and products of combustion. 

All  watercraft  with  a  permanently  installed  gas  system  shall  be  fitted  with  an  enclosure  to 
contain all gas cylinders. The enclosure shall be separated from the living quarters, accessible 
only from the outside and ventilated to the outside so that any escaping gas drains overboard.  

5.6. 

Fire protection 

5.6.1.  General 

The type of equipment installed and the layout of the watercraft shall take account of the risk 
and spread of fire. Special attention shall be paid to the surroundings of open flame devices, 
hot  areas  or  engines  and  auxiliary  machines,  oil  and  fuel  overflows,  uncovered  oil  and  fuel 
pipes and routing of electrical wiring in particular away from heat sources and hot areas. 

5.6.2.  Fire-fighting equipment 

Recreational  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 
equipment  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 

EN 

59 

   EN 

 
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 recreational craft.  

5.7. 

Navigation lights 

Where  navigation  lights  are  fitted,  they  shall  comply  with  the  1972  COLREG  (The 
International  Regulations  for  Preventing  Collisions  at  Sea)  or  CEVNI  (European  Code  for 
Interior Navigations for inland waterways) Regulations as appropriate. 

5.8. 

Discharge prevention and installations facilitating the delivery ashore of waste 

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

Watercraft fitted with toilets shall have holding tanks, or water treatment systems. 

Watercraft with 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. 

EN 

60 

   EN 

 
B. Essential requirements for exhaust emissions from propulsion engines 

Propulsion engines shall comply with the essential requirements for exhaust emissions set out 
in this Part.  

1. 

ENGINE IDENTIFICATION 

1.1. 

Each engine shall be clearly marked with the following information: 

(a) 

engine manufacturer's trademark or tradename ; 

(b) 

engine type, engine family, if applicable; 

(c) 

a unique engine identification number; 

(d) 

CE marking. 

1.2. 

1.3. 

1.4. 

The marks referred to in point 1.1. 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. 

The marks must be secured to an engine part necessary for normal engine operation 
and not normally requiring replacement during the engine life. 

The  marks  must  be  located  so  as  to  be  readily  visible  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 point 
2.1., table 1 and point 2.2., tables 2 and 3: 

2.1. 

Values applying until [dd/mm/yyyy (the end of the transitional period referred 
to in Article 58(stage I)]: 

Table 1 

Type 

Carbon monoxide 
n  

CO = A + B/PN

Hydrocarbons 
n 
HC = A + B/PN

A 

B 

n 

A 

B 

n 

Nitrogen 
oxides 

NOx  

Two-stroke 
spark ignition 

Four-stroke 
spark ignition 

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 

(g/kWh)

Particulates 

PT  

Not 
applicable 

Not 
applicable 

EN 

61 

   EN 

 
Compression 
ignition 

5,0 

0 

0 

1,5 

2,0 

0,5 

9,8 

1,0 

Where A, B and n are constants in accordance with the table, PN is the rated engine power in 
kW.  

2.2. 

Values applying from [dd/mm/yyyy (the end of the transitional period referred 
to in Article 58 (Stage II)]: 

Table 2: 

Exhaust emission limits for compression ignition engines(**) 

Swept Volume 

SV 

Rated Engine 
Power 

Particulates 

PT 

Hydrocarbons + 
Nitrogen Oxides 

HC + NOX 

PN 

(kW) 

(L/cyl) 

SV <0,9 

(g/kWh) 

(g/kWh) 

PN < 37 

The values referred to in table 1 

37 ≤ PN <75(*) 

75 ≤ PN < 3700 

0,9 ≤ SV<1,2 

PN < 3700 

1,2 ≤ SV <2,5 

2,5 ≤ SV <3,5 

3,5 ≤ SV <7,0 

0,30 

0,15 

0,14 

0,12 

0,12 

0,11 

4,7 

5,8 

5,8 

5,8 

5,8 

5,8 

(*) 
Alternatively, engines with rated engine power at or above 37 kW and below 75 kW 
and with a swept volume below 0.9 L/cyl shall not exceed a PT emission limit of 0.20 g/kW-
hr and a combined HC+NOX emission limit of 5.8 g/kW-hr.  

(**)  Any compression-ignition engine shall not exceed a Carbon monoxide (CO) emission 
limit of 5,0 g/kWh. 

Table 3: Exhaust emission limits for spark ignition engines 

Type of engine 

Rated Engine 
Power 

PN 

Carbon monoxide 

CO 

Hydrocarbons + 
Nitrogen Oxides 

HC + NOX 

EN 

62 

   EN 

 
 
 
 
 
 
 
 
 
(kW) 

(g/kWh) 

(g/kWh) 

Stern-drive and 
inboard engines 

PN ≤ 373 

373 < PN ≤ 485 

PN > 485 

75 

350 

350 

Outboard engines 
and PWC engines 

PN ≤ 4,3 

500 – 5,0 x PN 

40 >PN > 4,3 

500 – 5,0 x PN 

PN >.40  

300 

5 

16 

22 

30 

7,15

+

7,15

+

⎛
⎜
⎜
⎝

⎛
⎜
⎜
⎝

50
PN

9.0

50
PN

9.0

⎞
⎟
⎟
⎠

⎞
⎟
⎟
⎠

2.3. 

Test cycles and reference fuels: 

2.3.1.  Test cycles and weighting factors to be applied: 

For variable speed CI engines test cycle E1 or E5 shall apply. For variable speed SI engines 
test cycle E4 shall be applied. For variable speed CI engines above 130 kW test cycle E3 can 
also be applied. 

Cycle E1, Mode number  

1 

2 

3 

4 

5 

Speed 

Rated 

Intermediate 

Low-idle 

Torque, % 

100 

75 

75 

Weighting factor 

0.08 

0.11 

0.19 

50 

0.32 

0 

0.3 

Cycle E3, Mode number  

1 

2 

3 

4 

Speed, % 

Power, % 

Weighting factor 

100 

100 

0.2 

91 

75 

80 

50 

63 

25 

0.5 

0.15 

0.15 

EN 

63 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Cycle E4, Mode number  

1 

2 

3 

4 

5 

Speed, % 

Torque, % 

100 

100 

80 

60 

71.6 

46.50 

Weighting factor 

0.06 

0.14 

0.15 

40 

25.3 

0.25 

Idle 

0 

0.40 

Cycle E5, Mode number  

1 

2 

3 

4 

5 

Speed, % 

Torque, % 

100 

100 

91 

75 

80 

50 

63 

25 

Weighting factor 

0.08 

0.13 

0.17 

0.32 

Idle 

0 

0.3 

2.4. 

Application of the engine family and choice of parent engine 

The engine manufacturer shall be responsible for defining those engines from his range which 
are to be included in a family.  

A  parent  engine  shall  be  selected  from  an  engine  family  in  such  a  way  that  its  emissions 
characteristics  are  representative  for  all  engines  in  that  engine  family.  The  engine 
incorporating  those  features  that  are  expected  to  result  in  the  highest  specific  emissions 
(expressed  in  grams  per  kilowatt  hour),  when  measured  on  the  applicable  test  cycle,  should 
normally be selected as the parent engine of the family. 

2.5. 

Test fuels 

The test fuel used for emission testing shall meet the following characteristics: 

Petrol fuels 

RF-02-99 

RF-02-03 

Property 

Unleaded 

Unleaded 

min 

max 

min 

max 

Research Octane Number (RON) 

Motor Octane Number (MON) 

95 

85 

--- 

--- 

95 

85 

--- 

--- 

Density at 15 °C (kg/m3) 

748 

762 

740 

754 

EN 

64 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Initial boiling point (°C) 

Mass fraction of sulphur (mg/kg) 

Lead content (mg/l) 

Reid vapour pressure (kPa) 

Vapour pressure (DVPE) (kPa) 

24 

--- 

--- 

56 

--- 

40 

100 

5 

60 

--- 

24 

--- 

--- 

--- 

56 

40 

10 

5 

--- 

60 

Diesel fuels 

RF-06-99 

RF-06-03 

Property 

Cetane number 

Density at 15 °C (kg/m3) 

Final boiling point (°C) 

Flash point (°C) 

Mass fraction of sulphur (mg/kg) 

min 

max 

min 

max 

52 

833 

--- 

55 

54 

837 

370 

--- 

To be 
reported 

300 
(50) 

52 

833 

--- 

55 

--- 

54 

837 

370 

--- 

10 

Mass fraction of ash (%) 

To be 
reported 

0.01 

--- 

0.01 

The Notified Body may accept tests carried out on the basis of other tests fuel as specified in a 
harmonised standard. 

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 
limits  set  out  in  point  2.5.  throughout  the  normal  life  of  the  engine  and  under  normal 
conditions of use. 

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

EN 

65 

   EN 

 
 
 
 
The normal life of the engine is considered to be the following: 

(a)  For CI engines 480 hours of operation or 10 years, whichever occurs first; 

(b)  For SI inboard or stern drive engines with or without integral exhaust: 

(i) 

below  373  kW:  480  hours  of  operation  or  10  years,  whichever  occurs 
first, 

(ii) 

for engines in the category 373 < PN ≤ 485 kW: 150 hours of operation 
or 3 years, whichever occurs first, 

(iii)  for the engine category PN > 485 kW: 50 hours of operation or 1 year, 

whichever occurs first; 

(c) 

personal watercraft engines: 350 hours or five years, whichever occurs first; 

(d)  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  language  or  languages  of  the 
Union determined by the Member State in which the engine is to be marketed.  

The owner's manual shall: 

(a) 

provide instructions  for the  installation  and  maintenance  needed  to  assure  the 
proper  functioning  of  the  engine  to  meet  the  requirements  of  point  3., 
(Durability); 

(b) 

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

EN 

66 

   EN 

 
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 essential requirements for noise emissions set out in this Part. 

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) shall 
not exceed the limit values in the following table: 

Table 

Rated Engine Power 
(single engine) 
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 of a single engine at rated speed and LpASmax = 
maximum sound pressure level in dB. 

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  the  noise  requirements  set  out  in  point  1.1.  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 =

V
.(
g
lwl

)

. 

EN 

67 

   EN 

 
 
 
 
“Power  displacement  ratio”  P/D  shall  be  calculated  by  dividing  the  rated  engine 

power PN (in kW) by the craft’s displacement D (in tonnes) = 

P
D

2. 

OWNER’S MANUAL 

For recreational craft with inboard engine or stern drive engines without integral exhaust and 
personal watercraft, the owner's manual required under point 2.5. of Part A of Annex I, 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  and  stern  drive  engines  with  integral  exhaust,  the  owner's  manual 
required  under  point  4  of  Part  B  of  Annex  I  shall  provide  the  instructions  necessary  to 
maintain the engine in a condition, that insofar as is practicable, will ensure compliance with 
the specified noise limit values when in normal use. 

3. 

DURABILITY 

The  provisions  on  the  durability  in  Section  3  of  Part  B  shall  apply  mutandis  mutatis  to  the 
[…].
on 
compliance  with 

requirements 

emissions 

noise 

out 

the 

set 

in 

EN 

68 

   EN 

 
  
COMPONENTS of watercraft 

ANNEX II 

(1) 

(2) 

(3) 

(4) 

(5) 

Ignition-protected  equipment  for  inboard  and  stern  drive  petrol  engines  and 
petrol tank spaces; 

Start-in-gear protection devices for outboard engines; 

Steering wheels, steering mechanisms and cable assemblies; 

Fuel tanks intended for fixed installations and fuel hoses; 

Prefabricated hatches and port lights. 

EN 

69 

   EN 

 
 
ANNEX III 

DECLARATION BY THE MANUFACTURER OR HIS AUTHORISED 
REPRESENTATIVE ESTABLISHED IN THE UNION OR THE PERSON 
RESPONSIBLE FOR PLACING ON THE MARKET THE PARTLY COMPLETED 
WATERCRAFT OR COMPONENT 

(Article 6 (2) and (3)) 

A. 

The declaration by the manufacture or his authorised representative established in the 
Union referred to in Article 6(2) shall contain the following: 

(a) 

the name and address of the manufacturer; 

(b) 

the name and address of the representative of the manufacturer established in 
the  Union  or,  if  appropriate,  of  the  person  responsible  for  the  placing  on  the 
market; 

(c) 

a description of the partly completed watercraft; 

(d) 

a  statement  that  the  partly  completed  watercraft  complies  with  the  essential 
requirements that apply this stage of construction; this shall include references 
to the relevant harmonised standards used, or references to the specifications in 
relation  to  which  compliance  is  declared  at  this  stage  of  construction; 
furthermore, it is intended to be completed by other legal or natural persons in 
full compliance with this Directive. 

B. 

The declaration by the manufacture, his authorised representative established in the 
Union or the person responsible for placing on the market referred to in Article 6(3) 
shall contain the following: 

(a) 

(b) 

the name and address of the manufacturer; 

the name and address of the representative of the manufacturer established in 
the  Union  or,  if  appropriate,  of  the  person  responsible  for  the  placing  on  the 
market; 

(c) 

a description of the component; 

(d) 

a  statement  that  the  component  complies  with  the  relevant  essential 
requirements. 

EN 

70 

   EN 

 
1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

ANNEX IV 

EU DECLARATION OF CONFORMITY 

No  xxxxxx  (unique  identification  of  the  product:  type,  serial  number  where 
appropriate): 

Name  and  address  of  the  manufacturer  or  his  authorised  representative  [The 
authorised  representative  must  also  give  the  business  name  and  address  of  the 
manufacturer] or the private importer. 

This  declaration  of  conformity  is  issued  under  the  sole  responsibility  of  the 
manufacturer or the private importer or the person referred to in Article 20(3) or (4) 
of Directive [...] 

Object  of  the  declaration  (identification  of  product  allowing  traceability.  It  may 
include a photograph, where appropriate): 

The  object  of  the  declaration  described  in  […]  is  in  conformity  with  the  relevant 
Union harmonisation legislation:  

References  to  the  relevant  harmonised  standards  used  or  references  to  the 
specifications in relation to which conformity is declared: 

Where applicable, the notified body ... (name, number)… performed … (description 
of intervention) … and issued the certificate:  

Identification of the person empowered to sign on behalf of the manufacturer or his 
authorised representative established within the Union 

Additional information:  

The declaration of conformity shall include a statement of the manufacturer that the 
engine will meet the exhaust and noise emission requirements of this Directive, when 
installed in a watercraft, in accordance with the manufacturer's supplied instructions 
and that that engine must not be put into service until the watercraft into which it is 
to  be  installed  has  been  declared  in  conformity,  if  so  required,  with  the  relevant 
provision of the Directive, with regard to all of the following: 

(a) 

(b) 

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  point  4.2.3  of  Annex  I  of  the  latter 
Directive; 

(c) 

engines type-approved according to Directive 88/77/EEC. 

If the engine has been placed on the market under the additional transitional period 
provided  in  Article  58  (2),  the  EU  declaration  of  conformity  shall  contain  an 
indication thereof. 

Signed for and on behalf of:  

EN 

71 

   EN 

 
(place and date of issue) 

(name, function) (signature) 

EN 

72 

   EN 

 
EQUIVALENT CONFORMITY BASED ON POST-CONSTRUCTION ASSESSMENT  

ANNEX V 

1. 

2. 

3. 

(module PCA) 

Conformity  based  on  post-construction  assessment  is  the  procedure  to  assess  the 
equivalent  conformity  of  a  product  for  which  neither  the  manufacturer  nor  his 
authorised representative has assumed the responsibility for the product’s conformity 
with the Directive, and whereby a natural or legal person referred to in Article 20(2), 
(3) or (4) who is placing the product on the market or putting it into service under his 
own  responsibility  is  assuming  the  responsibility  for  the  equivalent  conformity  of 
this product. This person shall fulfill the obligations laid down in points 2 and 4 and 
ensure and declare on his sole responsibility that  the product concerned, which has 
been  subject  to  the  provisions  of  point  3,  is  in  conformity  with  the  applicable 
requirements of this Directive.  

The person who is placing the product on the market or putting it into service shall 
lodge an application for a post-construction assessment of the product with a notified 
body  and  must  provide  the  notified  body  with  the  documents  and  technical  file 
enabling  the  Notified  body  to  assess  the  conformity  of  the  product  with  the 
requirements  of  this  Directive  and  any  available  information  on  the  use  of  the 
product after its first putting into service. 

The  person  who  is  placing  such  a  product  on  the  market  or  putting  it  into  service 
shall keep these documents and information at the disposal of the relevant national 
authorities  for  10  years  after  the  product  has  been  assessed  on  its  equivalent 
conformity in accordance with the post-construction assessment procedure. 

The  notified  body  shall  examine  the  individual  product  and  carry  out  calculations, 
tests  and  other  assessments,  to  the  extent  necessary  to  ensure  that  the  equivalent 
conformity  of  the  product  with  the  relevant  requirements  of  this  Directive  is 
demonstrated. 

The  notified  body  shall  draw  up  and  issue  a  certificate  and  a  related  report  of 
conformity concerning the assessment carried and shall keep a copy of the certificate 
and  related  report  of  conformity  at  the  disposal  of  the  national  authorities  for  10 
years after it has issued these documents. 

The  notified  body  shall  affix  its  identification  number  next  to  the  conformity 
marking on the approved product or have it affixed under its responsibility.  

In case the assessed product is a watercraft, the notified body shall also have affixed, 
under his responsibility, the watercraft identification code as referred to in point 2.1 
of Part A of Annex I, whereby the field for the country of manufacture shall be used 
to  indicate  the  country  of  establishment  of  the  notified  body  and  the  fields  for  the 
manufacturer’s  identification  code  to  indicate  the  post-construction  assessment 
identification  code  assigned  to  the  notified  body,  followed  by  the  serial  number  of 
the  watercraft 
the  post-construction  assessment  certificate.  The 

fields 

in 

EN 

73 

   EN 

 
 
identification code for the month and year of production and for the model year shall 
be used to indicate the month and year of the post-construction assessment. 

4. 

Conformity marking and declaration of conformity 

4.1. 

4.2. 

4.3. 

The person who is placing the product on the market or putting it into service shall 
affix the CE marking and, under the responsibility of the notified body referred to in 
Section 3, the latter's identification number to the product for which the notified body 
has assessed and certified its equivalent conformity with the relevant requirements of 
the Directive. 

The person who is placing the product on the market or putting it into service shall 
draw up an EU declaration of conformity and keep it at the disposal of the national 
authorities for 10 years after the date the post-construction assessment certificate has 
been issued. The declaration of conformity shall identify the product for which it has 
been drawn up. 

A  copy  of  the  declaration  of  conformity  shall  be  made  available  to  the  relevant 
authorities upon request. 

In  the  case  the  assessed  product  is  a  watercraft,  the  person  who  is  placing  the 
watercraft  on  the  market  or  putting  it  into  service  shall  affix  to  the  watercraft  the 
builder’s plate described in point 2.2 of Part A of Annex I, which shall include the 
words  “post-construction  assessment”,  and  the  watercraft  identification  number 
described in point 2.1 of Part A of Annex I, in accordance with the provisions set out 
in point 3.  

5. 

The notified body shall inform the person who is placing the product on the market 
or  putting  it  into  service  of  his  obligations  under  this  post-construction  assessment 
procedure. 

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ANNEX VI  

SUPPLEMENTARY REQUIREMENTS WHEN INTERNAL PRODUCTION 
CONTROL PLUS SUPERVISED PRODUCTION TESTS SET IN MODULE A1 IS 
USED 
 (ARTICLE 25(2)) 

Design and construction 

On one or several watercrafts 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) 

(b) 

test of stability according to point 3.2 of Part A of Annex I; 

test of buoyancy characteristics according to point 3.3 of Part A of Annex I. 

Noise emissions 

For recreational craft fitted with inboard or stern drive engines without integral exhaust and 
for  personal  watercraft,on  one  or  several  watercraft  representing  the  production  of  the 
watercraft  manufacturer,  the  sound  emission  tests  defined  in  Part  C  of  Annex  I  shall  be 
carried  out  by  the  watercraft  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  manufacturer,  the  sound 
emission tests defined in Part C of Annex I 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 VII shall be applied to ensure conformity of the sample. 

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ANNEX VII 

CONFORMITY OF PRODUCTION ASSESSMENT  
FOR EXHAUST AND NOISE EMISSIONS 

1. 

2. 

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

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 = Σ (x - X)² / (n – 1) 

X = the arithmetical mean of the results 

x = the individual results of the sample 

L = the appropriate limit value 

n = the number of engines in the sample 

k = statistical factor depending on n (see table) 

n 

k 

n 

k 

2 

3 

4 

5 

6 

7 

8 

9 

10 

0,973  0,613  0,489  0,421

0,376 

0,342  0,317  0,296  0,279 

11 

12 

13 

14 

15 

16 

17 

18 

19 

0,265  0,253  0,242  0,233

0,224 

0,216  0,210  0,203  0,198 

If n ≥ 20 then k = 0,860 / √n. 

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ANNEX VIII 

SUPPLEMENTARY PROCEDURE TO BE APPLIED UNDER CONFORMITY TO 
TYPE BASED ON INTERNAL PRODUCTION CONTROL (MODULE C) 

In  the  cases  referred  to  in  Article  25(5)  when  the  quality  level  appears  unsatisfactory,  the 
following procedure shall apply: 

An engine is taken from the series and subjected to the test described in Part B of Annex I. 
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 Part B of Annex I, 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 in […] with the requirements of 
the Directive, the statistical method described in Annex VII shall be applied. 

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ANNEX IX 

TECHNICAL DOCUMENTATION 

The  documentation  referred  to  in  Articles  7(2)  and  26  shall,  as  far  as  it  is  relevant  for  the 
assessment, contain the following: 

(a) 

A general description of the type; 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

Conceptual  design  and  manufacturing  drawings  and  schemes  of  components, 
sub-assemblies, circuits, and other relevant data.; 

Descriptions and explanations necessary for the understanding of said drawings 
and schemes and the operation of the product; 

A list of the standards referred to in Article 14, applied in full or in part, and 
descriptions of the solutions adopted to fulfil the essential requirements when 
the standards referred to in Article 14 have not been applied; 

Results  of  design  calculations  made,  examinations  carried  out  and  other 
relevant data; 

Test reports, or calculations namely on stability according to point 3.2 of Part 
A of Annex I and on buoyancy according to point 3.3 of Part A of Annex I, 

Exhaust emissions test reports demonstrating compliance with Section 2 of Part 
B of Annex I 

Sound emissions test reports demonstrating compliance with Section 1 of Part 
C of Annex I. 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE 

1. 

BUDGET LINES: 

Chapter and Article: 

Amount budgeted for the year concerned: 

2. 

FINANCIAL IMPACT  

X 

Proposal has no financial implications 

(cid:133) 

Proposal has no financial impact on expenditure but has a financial impact on 
revenue – the effect is as follows: 

(€ million to one decimal place) 

Budget line 

Revenue26 

12  month  period, 
starting dd/mm/yyyy

[Year n] 

Article 52 

Impact on own resources 

Article … 

Impact on own resources 

Situation following action 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

[n+5] 

Article … 

Article … 

26 

Regarding  traditional  own  resources  (agricultural  duties,  sugar  levies,  customs  duties)  the  amounts 
indicated must be net amounts, i.e. gross amounts after deduction of 25 % of collection costs 

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