CELEX: 51992PC0141
Language: en
Date: 1992-04-15
Title: Proposal for a COUNCIL DIRECTIVE on the approximation of the laws, regulations and administrative provisions of the Member States relating to RECREATIONAL CRAFT

COMMISSION OF THE EUROPEAN COMMUNITIES
 ti&-
                                          C0M(92)141  final- SYN 410
                                          Brussels,15  April 1992
                               Proposal for a
                             COUNCIL DIRECTIVE
                   on the approximation of the laws,
               regulations and administrative provisions
Iff                                of the
                              Member States
ft                              relating to
                           RECREATIONAL CRAFT
Hi                    (presented by the Commission)
ssfc
 ---pagebreak---                                            - 1 -
 I. Explanatory memorandum
1. Background and origin of the proposal
    Between 1970 and 1982, the Commission attempted to draw up a draft
    directive (doc. 111/308/81) for the approximation of legislation on the
    hulls of recreational craft. However, this attempt was abandoned owing
    to divergent views on the construction principles.
    The situation in the Member States is characterized by the following:
    -   regulat ions: technical rules based on national legislation involving
       type-approval in France and Italy result in obstacles to trade and
       higher production costs (only the largest undertakings persisted in
       trying to overcome these difficulties);
    -  standards: in other Member States, national standards not backed by
       national legislation create no obstacles to trade but, since they are
       not obligatory, they present no guarantee of protection against the
       production and placing on the market of potentially dangerous
       products.
    In view of the potential benefits of the single market and the
    advantages of improving the safety of recreational craft and their
    components, the representatives of the European industry organized in
    ICOMIA (International Council of Marine Industry Associations) asked the
    Commission to put to the Council a directive based on Article 100a of
    the Treaty on the safety of recreational craft.
    The background to this request was in particular the work begun in the
    1980s on a large number of standards (about 50) in the framework of the
    ISO**) (TC 188), in which industry from the Member States, the EFTA
    countries and the USA in particular was involved.
    As the other means of harmonization did not appear suitable, the
    Commission has prepared a draft directive in close collaboration with
    industry, particularly in respect of the essential requirements, and has
    consulted    the   national     administrations           and professional circles
    concerned.
(*)    International Organization for Standardization
                                /ul/gaboh/LC/NO/mot-EN - 18/3/92
 ---pagebreak---                                        - 2 -
2. Consultations
   National experts, representatives of the industry,        the boat users
   (European Boating Association) and classification         societies were
   consulted in depth.
   The proposal was on the whole welcomed by all the experts representing
   the above groups. It has been supplemented and amended following the
   three consultation meetings held in 1990. On a general level, the
   preparatory work produced a consensus on the value of this intitiative.
3. Risks covered and essential requirements
   Apart from two essential requirements concerning identification of the
   craft and the manufacturer, the risks covered and the essential
   requirements have been grouped as follows:
   -  risks relating to use, in particular at sea
      *   falIing overboard
      *  structure, stability, buoyancy
      *  openings, drainage
      *   capacity
      *  compartmenta Iization
      *  rescue, towing, mooring
   -  performance
   -  safety of the propulsion system
   -  safety of the fuel system
   -  safety of the electrical system
   -  safety of the steering system
   -  fire protection, in particular gas appliances
      lights.
4. Implementation
   It is estimated that it will take about two years from adoption of the
   directive by the Council before all the standards necessary for its
   application are available; the planned implementation date is therefore
   1 July 1995.
                             /ul/gobohAG/NO/mot-EN - 18/3/92
 ---pagebreak---                                    Proposal for a
                                    CounciI DIrect i ve
                                           of
                      on the approximation of the laws,
                  regulations and administrative provisions
                                        of the
                                   Member States
                                    relating to
                               RECREATIONAL CRAFT
The Council of the European Communities,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 100A thereof,
Having regard to the proposal from the Commission, in cooperation with the
European Parliament.
Having regard to the opinion of the Economic and Social Committee,
Having regard to the Council's decision of 13 December 1990 concerning the
modules for the various phases of the conformity assessment procedures
which are intended to be used in technical harmonization directives* 1 )
Whereas the laws, regulations and administrative provisions in force in the
various   Members  States    relating        to    the     safety   characteristics of
recreational craft differ    in scope and content, whereas such disparities
are   liable  to  create  barriers        to    trade     and unequal    conditions of
competition within the internal market.
(1) OJ L 380, 31.12.1990, p. 13
                         /ul/goboh/LG/NO/4002-EN  - 16 Morch. 1992.
 ---pagebreak---                                      - 2 -
Whereas the minimum     length of recreational craft should be 2.5 m, since
craft under this length cannot be considered as recreational craft; whereas
the maximum length of 24 m for recreational craft                    is derived from IMO*2)
conventions and ISO*3) standards;
Whereas   the removal of technical          barriers      in the field of recreational
craft and their components , to the extent that they cannot be removed by
mutual   recognition of equivalence           among    all the Member         States, should
follow the new approach set out in the Council Resolution of 7 May 1985
which calls for the definition of essential                  requirements on safety and
other  aspects which     are important         for the general          well-being;   whereas
paragraph 3 of article 100 A foresees that, in its proposals, concerning
health,   safety,   environmental      protection       and consumer        protection, the
Commission will    take as a base a high            level of protection, whereas the
essential   requirements   constitute        the criteria        with    which   recreational
craft and their components as referred to in Annex                     II when separate and
when installed must comply;
Whereas,   as a basis     for the harmonized            standards       or other    technical
specification   at   European    level, concrete           form    must   be given    to the
essential requirements at a technical level;
Whereas these essential requirements provide the basis for the preparation
of harmonized standards at European level on recreational craft and their
components; whereas, to remove technical barriers to trade and to ensure
market transparency, harmonized standards             should be established;
Whereas recreational craft and components thereof are presumed to conform
to  the essential     requirements       of    the Directive          if   they   conform  to
harmonized standards;
(2) International Mar itime Organization
(3) International Organization for Standardization
                           /u1/gaboh/LG/NO/4002-EN - 18 March. 1992.
 ---pagebreak---                                         3 -
Whereas recreational craft        considered fit for use are easily recognizable
by the EC mark; whereas they must be allowed free movement and free taking
 into use for their intended purpose throughout the Community;
Whereas   the  responsibility      of   the Member        States      for  safety,  and  other
matters covered by the essential requirements on their territory should be
recognized    in  a  safeguard      clause      providing       for    appropriate   Community
protective measures;
Whereas   the   Standing  Committee        set    up   under     Council    Directive   83/189
     4
EEC* )   of   March   1983,    as     last    amended       by    Directive    88/182   EEC* 5 )
constitues an appropriate       forum     for the delivery of opinions on matters
referred to in this directive;
(4) OJ L 109, 26.4.1983, p. 8.
(5) OJ L   89, 26.3.1988, p. 75.
                            /ul/gobah/LG/NO/4002-EN  - 18 March. 1992.
 ---pagebreak---                                    - 4 -
Whereas compliance with the technical requirements must be monitored in
order to ensure adequate user and third-party safety; whereas existing
monitoring procedures may differ appreciably                from one Member     State to
another; whereas, in order to avoid numerous checks which merely impede the
free movement of boats and of their components, provision should be made
for the mutual    recognition of the          inspections conducted by the Member
States; whereas, in order to facilitate such recognition, it is necessary
to lay down harmonized Community procedure and to harmonize the criteria to
be taken into account in selecting the bodies responsible for examination,
monitoring and verification;
Whereas the internal production control (module A) including the written
declaration of conformity by the manufacturer, the estabI ishement of the
technical   documentation   and    the    inspections       by     the relevant  national
authorities seems to be adequate for the assesment of conformity of boats
under 6 m length of the hull, whereas this procedure should be reinforced
by one or two test or equivalent calculation on boat(s) representative of
the production of a manufacturer when it reaches a certain number of units
during a certain period, whereas the same procedure should apply to boats
between 6 and 12 m length of the hull, whereas the assesment of conformity
of boats from 12 to 24 m length of the hull and of components should be
left open between several given modules;
Whereas   the  internal  market     shall     comprise      an    area  without  internal
frontiers   in which   the free movement of goods, persons, services and
capital is ensured;
HAS ADOPTED THIS DIRECTIVE
                          /ul/gobohAC/NO/4002-EN - 13 March. 1992.
 ---pagebreak---                                    - 5 -
                                      CHAPTER 1
Scope, marketing and free movement
                                      Article 1
1.    This   Directive   applies      to    recreational         craft   of   all   types,
      regardless of the means of propulsion, from 2.5                  to 24 m length of
      the hull, measured according to the appropiate harmonized standard.
      This directive shall also apply to components referred to in Annex II
      when separate and when installed.
2.    A recreational   craft shall mean any boat             intended for recreational
      purposes, within    the scope of this Directive.                This  include those
      used for charter or for recreational boating training .
3.    The following are excluded from the scope of this directive :
      -  craft intended solely for racing including rowing racing boats and
         so labelled by the manufacturer,
      -  canoes and kayaks,
      -  sailing surfboards,
      -  powered surfboards, personal watercraft and other similar craft,
      -   individual   replicas     of    historic      craft      so   labelled   by  the
         manufacturer,
      -  experimental craft,
      -  craft with crew and carrying passengers for commercial purposes,
      -  submersibles,
      -  air cushion vehicles,
      -  hydrofoils.
                          /u1/gobohAC/NO/4002-EN - 13 March. 1992.
 ---pagebreak---                                 - 6 -
                                   Artigle ?
1. Member States shall take all necessary measures to ensure that the
   products referred to in Article 1 may be placed on the market and put
    into use only   if they do not endanger the safety of persons and
   property when they are taken into use for their intended purpose.
2. The   provisions   of    the    present       directive        do   not   exclude   the
   possibility that the Council adopts others provisions concerning the
   navigation   on  certain     waters, provided             this    does   not   lead  to
   modifications to the construction of craft, as                       foreseen   by the
   present directive.
                                   Article 3
   The products referred to in Article 1 shall meet the essential safety
   requirements as in Annex I.
                                   Article 4
1. Member States shall not prohibit, restrict or impede the placing on
   the market or puting into use in their territory of the products
   referred to in Article 1 which meet the provisions of this Directive.
2. Member States shall not prohibit, restrict or impede the placing on
   the market or puting into use of components as referred to in Annex
   II when separate and when installed            which are intended, according to
   the declaration of the manufacturer or his               authorized representative
   established   in  the    Community       referred       to     in Annex ill, to be
   incorporated in recreational craft referred to in Article 1.
                      /ul/gobohAC/MO/4002-CN. - 24 February. 1992.
 ---pagebreak---                                       - 7 -
                                          Article 5
Member States shall presume that the products referred                      to in Article 1,
which meet the harmonized standards, reference to which has been published
 in the Official     Journal     of the European            Communities     comply   with the
essential requirements referred to in Article 3.
Member   States   shall   publish      the references of the national                standards
transposing the harmonized standards.
                                         Art icle 6
Where   a Member    State   or    the Commission           is of      the opinion    that  the
harmonized   standards    referred      to in Article          5 do not fully        meet the
essential   requirements referred         to in Article 3, the Commission or the
Member State shall notify the committee, set up under the Directive 83/189
EEC  setting    out  its reasons.          The committee         shall    deliver   an urgent
opinion.
In the light of the opinion of the committee, the Commission shall                      inform
Member   States   if the standards concerned              should be withdrawn        from the
publications referred to in Article 5.
                                         Art icle 7
       Where a Member State ascertains that recreational craft                    referred to
       in Article    1 bearing       the CE mark          referred      to  in Annex    IV or
       constituent   products      thereof      and used       for their     proper   use may
       endanger   the safety      of persons       and property,         it shall    take all
       necessary measures to withdraw them from the market,                     prohibit use
       thereof and restrict free movement thereof.
                           /u1/goboh/lG/N0/4002-EN - 24 Februory. 1982.
 ---pagebreak---                                   - 8 -
   The Member State shall immediately inform the Commission of any such
   measure, indicating the reasons for its decision and, in particular,
   where the non-conformity is due to:
    (a)   failure to comply with the essential                 requirements referred to
          in Article 3;
   (b)    incorrect    application         of     the    standards     referred    to  in
         Article 5, in so far it is claimed that the standards have been
         applied;
   (c)   shortcomings      in     the    standards        referred    to   in   Article 5
         themseIves
   These measures are applicable until the entry into force of the act
   provided for in paragraph 2.
   The  measures    adopted      under     paragraph 1        shall  be   confirmed   and
   extended, possibly amended, to the whole Community or repealed by an
   act of the Commission.
   However, where    the measures were adopted under                paragraph 1 on the
   ground of a shortcoming        in the standards provided for in Article 5,
   the procedure laid down in Article 6 is applicable.
3. Where a non-complying        component       referred      to in Annex   II or craft
   bears the EC mark, the competent Member State shall take appropriate
   action against whomsoever has affixed the mark and shall                   inform the
   Commission and the other Member States thereof.
4. The Commission shall ensure that the Member States are kept                   informed
   of the progress and outcome of this procedure.
                        /ul/gaboh/LG/NO/4002-EN  - 18 Morch. 1992.
 ---pagebreak---                                   - 9-
                                     CHAPTER I I
                              Conformity assesment
                                      Art icle 8
Before producing and placing recreational craft under the scope of this
directive or their components on the market, the manufacturer or his
authorized representative established in the Community shall fulfill the
following procedures :
- for boats of less than 6 m lengh of the hull and a total production by a
   manufacturer of 20 boats or less per year : the internal production
   control (module A), referred to in annex V
-  for boats of less than 6 m lengh of the hull and a total production by a
   manufacturer of more than 20 boats per year,
   and for all boats from 6 to 12 m lengh of the hull                the internal
   production control plus test (module Aa. option 1) referred to in annex
   VI.
- for all boats from 12 to 24 m lengh of the hull and for components
   referred to in Annex II when separate and when installed the following
   modules(s)
Either :    The EC type examination (module B) referred to in annex VII
            followed by one of the following modules :
            - conformity to type (module C) referred to in annex VI 11
               or
            - production quality assurance (module D) referred to in annex
                IX
               or
                        /ul/gaboh/UG/NO/4002-EN - 24 February. 1992.
 ---pagebreak---                                       - 10 -
          -   product verification (module F) referred to in annex X
Or :          one of the modules G or H :
                     G : unit verification referred to in annex XI
                     H : full quality assurance referred to in annex
                 XII
                                           Article 9
1. Each Member    State shall notify            to the Commission, which           informs the
   Member   States,     the bodies          responsible       for     the execution    of the
   conformity assesment in the conformity assesment procedures referred to
    in article 8.    For information purposes, the Commission shall publish in
   the Official Journal of the European Communities and keep up to date a
    list giving the names of these bodies and their distinguishing number.
2. Member   States    shall    apply     the criteria          laid    down   in Annex XIV in
   assessing    the bodies      to be       indicated      in such       notification.  Bodies
   meeting   the assessment       criteria       laid down      in the relevant     harmonized
   standards shall be presumed to fulfil those criteria;
3. A Member    State shall      withdraw       its approval        from such    a body   if it
   established that the latter no longer satisfies the criteria referred to
   in Annex XIV. It shall inform the Commission and the other Member States
   of its action forthwith.
                            /u1/gobah/LG/N0/4002-EN - 24 February. 1992.
 ---pagebreak---                                  - 11 -
                                   CHAPTER III
                                      CE Mark
                                    Article 10
1. The CE mark of conformity with the provisions of this Directive and as
   set out in Annex   IV shall be affixed or marked on            each component as
   referred to in Annex II or boat as to be visible, legible and indelible.
2. Marks or inscriptions which could be confused with the CE mark as far as
   its meaning or graph ism are concerned may not be affixed to components
   or boats under this directive.
                         /ul/gobohAC/MO/4002-EN - 13 Morch. 1992.
 ---pagebreak---                                    - 12 -
                                       CHAPTER IV
                                  Final provisions
                                       Article 11
Detailed grounds shall be given for any decision taken pursuant to this
Directive leading to a restriction on the marketing and use of recreational
craft.    The party concerned shall be informed of the decision as soon as
possible together with the means of redress available under the laws in
force in the Member State concerned and the periods within which appeals
must be lodged.
                                       Article 12
The Commission shall    take the necessary measures                       to ensure   that data
affecting   all  pertinent     decisions          concerning        the    management   of this
Directive are made available.
                                       A r t i c l e 13
1.    Member   States shall     adopt and publish                the    laws, regulations and
      administrative provisions necessary to comply with the provisions of
      this Directive at the latest on the 31st of December 1994. They shall
      forthwith inform the Commission thereof.
                         /u 1/gobohAC/HO/4002-CN     - 24 February. 1992.
 ---pagebreak---                                   - 13
      They   shall  apply    the     above      mentionned         laws, regulations   and
      administrative provisions, on the 1st of July 1995.
      In adopting these provisions, the Member States will give reference
      to the present    directive or make             such    a reference    within  their
      official publications.      The way this reference is made, is a matter
      for the Member States.
2.    Member States shall communicate to the Commission the texts of the
      provisions of national law which they adopt in the field governed by
      this Directive.
                                     Article 14
This Directive is addressed to the Member States
Done at Brussels,   For the Council                    The President
                        /u1/gobah/LC/NO/4002-EN  - 24 February. 1992.
 ---pagebreak---                                   - 14 -
                                                                          Annex I
                       ESSENTIAL SAFETY REQUIREMENTS
                                           FOR
                         THE DESIGN AND CONSTRUCTION
                                           OF
                               RECREATIONAL CRAFT
1.  GENERAL
1.1 Boat usage group :
    A. Suitable for extended voyages on craft largely self-sufficient.
    B. Suitable for offshore and coastal voyages;
    C. Suitable   for short      voyages      in coastal       waters, bays, estuaries,
        large rivers and large lakes.
    D. Suitable for voyages on small river, small lakes and canals;
1.2 Definit ions :
    Rowing boat : a    rowing      boat     is   a    craft     whose  primary  means of
                   propulsion are oars.
    Sailboat :      a sailboat is a craft whose primary means of propulsion
                    is saiI,
    Motorboat :     a  motorboat         is    a   craft      whose   primary   means of
                   propulsion is engine power.
                        /ul/gabah/LG/NO/4002-EN  - 24 February. 1992.
 ---pagebreak---                                     - 15 -
2. GENERAL REQUIREMENTS
2.1.  Boat identification
      Each   craft   shall    be marked         with    a   Hull     Identification   Number
       including the following information :
      -   manufacturer's code
      -   country of manufacture
      -   unique serial number
      -   month and year of production
      -   model year.
      The detail    requirements      shall     be in accordance         with  the relevant
      harmonized standard.
2.2.  BuiIder's plate
      Each craft shall carry a permanently affixed plate mounted separately
      from the boat     Hull    Identification Number            containing   at  least the
      following information :
      -   manufacturer's name
      -   boat usage group according to sect. 1.1
      -   maximum load
      -   number   of persons     which      the boat       is designed      to carry   when
          underway.
      Craft   fitted with or intended           to be used with outboard          engine(s)
      shall display the additional information :
      -   maximum rated engine power for which the boat is designed.
                           /u1/gobah/LG/NO/4002-EN - 13 March. 1992.
 ---pagebreak---                                    - 16 -
2.3.  Protection from falling overboard and means of recovery
      Depending on the boat usage group
2.3.1 Working   surfaces,   toerails,       safety    rails      and grabrails   shall  be
      designed to minimize the risks of falling overboard and
2.3.2 the boat shall be designed or equipped to enable reboarding.
2.4.  Visibility from the main steering position
2.4.1 For motor boats, the main steering position shall give the operator,
      under the normal conditions of speed and load, good direct visibility
      forward   and to the side,          whilst     operating       throttle,  gear, and
      steer ing controls.
2.4.2 Provision shall also be made for reasonable visibility astern.
2.5.  Owner's manual
      All craft shall be provided with an owner's manual in the ianguage(s)
      of the country   in which it is marketed.              This owner's manual should
      draw particular attention to the risks of fire and flooding.
3.    INTEGRITY, STRUCTURAL REQUIREMENTS
3.1.  Structure
      The choice and combinaison of materials and its construction shall
      ensure that the craft      is strong enough          in all respects considering
      boat  usage  group   according       to section       1.1. , and boat     definition
      according   to section     1.2, for its intended              purpose  and  intended
      loadings.
                          /u1/goboh/LG/N0/4002-EN - 13 March. 1992.
 ---pagebreak---                                  - 17 -
3.2. StabiIitv
     The craft shall have sufficient stability considering its boat usage
     group according to sect 1.1, boat definition according                 to section
     1.2, and its intended purpose and its intended loadings.
3.3  Buoyancy
     The  craft   shall  be constructed         to ensure         that it has buoyancy
     characteristics appropriate         to its size and considering          its boat
     usage group according to section 1.1, boat definition according to
     section 1.2, and its intended purpose and its intended loadings.
3.4. Openings in hull, deck and superstructure
     Openings   in hull, deck(s) and superstructure shall               not impair the
     structural integrity of the craft or its weathertight integrity.
     Windows, port lights, doors and hatches 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 below its static flotation plane, designed to
     allow water passage through the hull, shall be fitted with shut-off
     means which shall be readily accessible, except where a pipe of a
     strength equivalent to that of the hull is fitted and extends above
     static flotation plane.
                         /u1/gobohAC/NO/4002-EN - 13 Morch. 1992.
 ---pagebreak---                                    - 18 -
3.5. Cockpits and we I Is
     Depending on boat usage group             according to paragraph 1.1, the boat
     shall either :
     -   be self-draining or
     -   have buoyant elements according to paragraph 3.3 or
     -   have other means of keeping the water out of the boat interior.
3.6. Removal of water
     All  craft  suceptible     to flooding         shall    be fitted      with a means of
     removing water from the craft.
3.7. Carrying capacity
     The maximum    load   for    which     the boat       is designed       and   the maximum
     number  of  persons on       board    when     underway,       for   which   the boat   is
     designed, as marked on the builder's plate, shall be set according to
     the stability, section 3.2, buoyancy, section 3.3 and shall take into
     account   the  boat    usage     group      according       to    section   1.1   and  its
     definition according to section 1.2.
3.8. Compartmentat ion
     All  boats  should    be comparmented          according        to  their   usage   group,
     paying special attention to collision bulkheads.
3.9. Liferaft stowage
     All boats should be provided with a stowage for a                        liferaft   if the
     usage group demands it. The stowage shall be easily accessible at all
     times, including the case of a capsized multihull.
                         /u1/goboh/LG/N0/4002-EN  - 24 February, 1992.
 ---pagebreak---                                   - 19 -
3.10. Escape hatches for multihulls
      All  habitable multihull      craft    shall    be fitted with escape         hatches
      than can allow escape from a capsized multihull craft.
3.11. Mooring and towing
      All   craft,  taking     into     account     their      usage    group   and   their
      characteristics should be provided with arrangements                 for stowage and
      usage of mooring ropes or cables.
      All craft shall be fitted with a means of towing the craft.
4.    PERFORMANCE
      The manufacturer   shall     ensure     that    the boat       is capable of being
      properly handled with the most powerful engine for which the boat is
      designed and constructed.        The engine power shall be in accordance
      with the appropriate harmonized standard.
                        /ul/gaboh/LG/NO/4002-EN - 24 February. 1992.
 ---pagebreak---                                    - 20 -
5.    INSTALLATION REQUIREMENTS
5.1.  Propulsion system
5.1.1 General
      All   inboard mounted     engines      shall     be placed        within  an enclosure
      separated from living quarters.            The craft shall be so constructed as
      to minimise hazard in the living quarters from fumes, heat, noise and
      vibrations.
      Engine parts and accessories that require frequent                    inspection and/or
      servicing shall be readily accessible.
      The insulating materials inside engine spaces prevent the fire from
      spreading.
5.1.2 Ventilation
      The engine compartment shall be suitably ventilated, depending on the
      equipment   inside and considering both the temperature                    requirements
      and the air consumption of the engine(s), as specified by the engine
      manufacturer.
5.1.3 Exposed parts
      Unless the engine(s) is protected by a cover or its own enclosure,
      exposed   moving  or hot parts of the engine                    shall   be effectively
      shielded
5.1.4 Outboard starting
      All   boats with   outboard      engines      shall     have     a device    to prevent
      starting the engine in gear, except
      a) when the engine produces          less than 500 N of static thrust or a
          power of x kw
      b) when the engine has a throttle limiting device to limit thrust to
          500 N or a power of x kw at the time of starting the engine.
                          /u1/gobohAC/NO/4002-EN  - 24 February, 1992.
 ---pagebreak---                                    - 21 -
5.2   Fuel systems
5.2.1 General
      The   filling,   storage,     venting      and    fuel    supply    arrangements   and
       installations shall be designed and installed so as to minimize the
      risk of fire and explosion.
5.2.2 Fuel tanks
      Fuel   tanks  shall    be   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.
      Unless fully isolated from the engine compartment and any source of
      ignition, all tank spaces shall be ventilated.
      Liquid fuel with a flash point below 55'C shall be kept                      in tanks
      which do not form part of the hull and are
      a) separate    from    the    engine      compartment       unless    all  electrical
          components contained within it are ignition-protected,
      b) separate from living quarters.
      Liquid fuel with a flash point equal to or above 55'C may be kept in
      tanks that are integral with the hull.
5.3   Electrical system
5.3.1 General
      Electrical   systems shall be designed and installed so as to ensure
      proper operation of       the craft      under normal        conditions of use and
      shall be such as to minimize risk of fire and electric shock.
                          /ul/gobohAC/NO/4002-EN - 24 Februory. 1992.
 ---pagebreak---                                     - 22 -
      Attention   shall   be paid       to the provision           of overload    and short
      circuit protection of all circuits, except engine starting circuits,
      supplied from batteries.
      Adequate ventilation shall be provided to minimise the accumulation
      of gas which might be emitted from batteries.
5.4   Steering system
5.4.1 General
      Steering  systems    shall     be designed,        constructed      and installed    in
      order   to allow    the transmission          of steering         loads under    normal
      operating conditions.
5.4.2 Emergency arrangements
      Single-engined    inboard boats with remote-controlled rudder                 steering
      systems and sailboats without             auxiliary engines shall         be provided
      with emergency means of steering the craft 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.    Materials and components shall                  be suitable   for the
      specific   gas used      and designed          to withstand        the stresses     and
      exposures found in marine environment.
                          /u1/gabah/LG/NO/4002-EN - 24 February. 1992.
 ---pagebreak---                                    - 23 -
      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
      branch must be controlled by a separate closing device.
      Gas bottles shall be stored in an enclosure separated from the living
      quarters,   and  ventilated       to   the   outside      so    that  the   gas  drains
      overboard unless the bottle contains              less than 3 kg        of   liquid gas
      and is directly attached to the appliance with no weight bearing on
      the gas connection. The system shall be tested after installation.
5.6   Fire protection
5.6.1 General
      The type of equipment       installed and the           layout of the craft shall
      take account of the risk and spread of fire.
      Attention shall be paid to the surroudings of open flame devices.
5.6.2 Fire-fighting equipment
      Craft  shall  be supplied       with    fire-fighting equipment          suitable    for
      their size and boat usage group.             Number, size and distribution of
      extinguishers   shall    take    account     of    the    type    and  number   of   the
      propulsion units, the size of engine spaces, and any equipment which
      may present a fire risk.
      Where fitted, portable fire extinguishers shall be readily accessible
      and one shall be so positioned that it can easily be reached from the
      main steering position of the boat.
5.7.  Navigat ion Iights
      Provisions shall be made for the fitting of navigation                     lights when
      required.
                         /ul/goboh/LG/NO/4002-EN - 24 Februory, 1992.
 ---pagebreak---                                 - 24 -
                                                                 ANNEX I
                                    COMPONENTS
1. Ignition protection for inboard and sterndrive engines.
2. Start-in-gear protection for outboard engines.
3. Steering wheels, steering mechanisms and cable assemblies.
4  Fuel tanks and fuel hoses.
5. Ignition-protected components sited in engine and fuel spaces when fuel
   of a flash point less than 55 degrees centigrade is used.
6. Prefabricated hatches and port lights.
                        /u1/gobahAG/N0/4002-EM - 13 Morch. 1992.
 ---pagebreak---                                    - 25 -
                                                                                  ANNEX I I I
               DECLARATION OF THE MANUFACTURER OR HIS AUTHORIZED
                                    REPRESENTATIVE
                  ESTABLISHED IN THE COMMUNITY (ARTICLE 4(2).
The   declaration  of the manufacturer            referred      to    in Aticle  4(2) shall
contain the following :
-   name and address of the manufacturer or his authorized representative
    established in the Community;
-   description of the components as referred to in Annex II;
-   statement   that  the sale       of    the recreational            craft  in which   the
    components are to be incorporated is prohibited until the recreational
    craft has been declared to conform to the provisions of the Directive;
-   name and address of the person signing.
                           /ul/goboh/LG/NO/4002-EN  - 13 March. 1992.
 ---pagebreak---                                   - 26 -
                                                                         ANNEX IV
                             CE MARK OF CONFORMITY
The CE mark of conformity consists of the initials "CE" as shown below
                                           CE
These initials shall consist of a semi-circular letters.           The length of the
bar  inside the "E" shall be at least 80 % of the outer               radius of the
semicircle.
The thickness of the letters must be at least one fifth of the height of
the CE mark.
The various elements of the CE mark must have about the same vertical
dimension, which shall not be less than 5 mm.
The CE mark is followed by the identification number of the notified body,
if it intervenes in the control of production, as well as by the last two
figures of the year that the CE mark is affixed.
                         /ul/gabah/LG/NO/4002-EN - 18 March, 1992.
 ---pagebreak---                                   - 27 -
                                                                            Annex V
                         INTERNAL PRODUCTION CONTROL
                                     (module A )
1. The manufacturer or his authorized representative established within the
   Community, who carries out the obligations laid down in point 2, ensures
   and declares that the products concerned satisfy the requirements of the
   Directive that apply to them.        The manufacturer shall affix the CE mark
   to each product and draw up a written declaration of conformity.
2. The manufacturer shall establish the technical documentation described
   in paragraph   3 and he or his authorized                representative established
   within the Community shall keep it for a period ending at least 10 years
   after the last product has been manufactured at the disposal of the
   relevant national authorities for inspection purposes.
   Where neither   the manufacturer        nor his authorized        representative is
   established within the Community, the obligation to keep the technical
   documentation available shall be the responsabiIity of the person who
   places the product on the Community market.
                        /u1/gaboh/LG/NO/4002-EN - 24 February. 1992.
 ---pagebreak---                                  - 28 -
3. Technical documentation shall enable the conformity of the product with
   the requirements of the Directive to be assessed. It shall, as far as
   relevant  for  such   assessment,        cover     the    design,    manufacture  and
   operation of the product,      (see annex XI11).
4. The manufacturer or his authorized representative shall keep a copy of
   the declaration of conformity with the technical documentation.
5. The manufacturer shall take all measures-necessary in order that the
   manufacturing  process    shall     ensure     compliance        of the  manufactured
   products with the technical documentation referred to in point 2 and
   with the requirements of the Directive that apply to them.
                       /u 1/gobahAC/NO/4002-EN - 24 February. 1992.
 ---pagebreak---                                   - 29 -
                                                                                 ANNEX VI
                   INTERNAL PRODUCTION CONTROL, PLUS TESTS
                               (Module Aa,opt ion 1)
1. This module consists of module A, as referred                    in annex V, plus the
   following supplementary requirements :
   On one or several boats representing the production of the manufacturer
   one or more of the following tests, equivalent calculation or control
   shall be carried out by the manufacturer or on his behalf :
   -   test  of  stability      according       to    point      3.2   of   the   Essential
      Requirements,
   -  test of buoyancy      characteristics according               to point   3.3 of   the
      Essential Requirements.
   These tests or calculations or control shall be carried out on the
   responsabiIity of a notified body chosen by the manufacturer. On the
   responsabiMty of the notified body, the manufacturer shall affix the
   former's distinguish number during the manufacturing process.
                         /u1/gobohAC/MO/4002-EN  - 24 February. 1992.
 ---pagebreak---                                      - 30 -
                                                                           Annex VI I
                          EC TYPE EXAMINATION (module B)
1. A notified body ascertains and attests that a specimen, representative
   of the production envisaged, meets the provisions of the Directive that
   apply to it.
2. The application     for the EC type-examination shall               be   lodged by the
   manufacturer    or his authorized          representative established within the
   Community with a notified body of his choice.
   The application shall include :
   -   the name and address of the manufacturer and, if the application is
       lodged by the authorized          representative, his name and address in
       addition;
   -   a written declaration that the same application has not been lodged
       with any other notified body;
   -   the technical documentation, as described in point 3.
   The   applicant   shall   place     at the disposal           of the notified    body a
   specimen,   representative of the production envisaged                 and hereinafter
   cal led "type,,(*>.
   The notified body may request further specimens if needed for carrying
   out the test programme.
(*) A type 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.
                           /ul/gobohAC/NO/4002-EN - 24 February. 1992.
 ---pagebreak---                                    - 31 -
3.   The   technical   documentation         shall     enable      the    conformity   of  the
     product with    the requirements of the Directive to be assessed.                      It
     shall, as far as relevant           for such assessment, cover              the design ,
     manufacture and functionning of the product (see annex XIII).
4.   The notified body shall :
4.1. examine the technical       documentation, verify that the type has been
     manufactured    in   conformity       with     the    technical       documentation  and
      identify the elements which have been designed in accordance with the
     relevant   provisions of      the standards referred               to  in Article 5, as
     well as the components which have been designed without applying the
     relevant provisions of those standards;
4.2. perform or have performed the appropriate examinations                     and necessary
     tests to check whether, where the standards referred to in Article 5
     have not been applied, the solutions adopted by the manufacturer meet
     the Essential Requirements of the Directive;
4.3. perform or have performed the appropriate examinations and necessary
     tests to check whether, where the manufacturer                      has chosen to apply
     the relevant standards, these have actually been applied;
4.4. agree  with   the applicant        the    location where          the examinations   and
     necessary tests shall be carried out.
5.   Where the type meets the provisions of the Directive, the notified
     body shall issue an EC type-examination certificate to the applicant.
     The   certificate     shall      contain       the     name     and    address   of  the
     manufacturer,    conclusions       of    the   examination,         conditions   for  its
     validity and the necessary data for                identification of        the approved
     type.
                         /ul/goboh/LG/NO/4002-EN  - 24 February. 1992.
 ---pagebreak---                                   - 32 -
   A list of the relevant parts of the technical documentation shall be
   annexed to the certificate and a copy kept by the notified body.
   If the manufacturer   is denied a type certification, the notified body
   shall provide detailed reasons for such denial.
6. The applicant shall   inform the notified body that holds the technical
   documentation concerning      the EC types examination certificate of ail
   modifications  to the approved         product     which must     receive  additional
   approval where such changes may affect the conformity with the essential
   requirements or the prescribed conditions for use of the product.                This
   additional approval is given in the form of an addition to the original
   EC type-examination certificate.
7. Each notified body shall communicate to the other notified bodies the
   relevant information concerning the EC type-examination certificates and
   additions issued and withdrawn.
8. The other notified bodies may receive copies of the EC type-examination
   certificates and/or   their additions.          The annexes to the certificates
   shall be kept at the disposal of the other notified bodies.
9. The manufacturer or his authorized representative shall keep with the
   technical documentation copies of EC type-examination certificates and
   their additions for a period ending at least ten years after the last
   product has been manufactured.
   Where  neither  the manufacturer         nor his authorized        representative is
   established within the Community, the obligation to keep the technical
   documentation available shall be the responsibility of the person who
   places the product on the Community market.
                        /u 1/gabohAC/NO/4002-EN - 24 Februory. 1992.
 ---pagebreak---                                    - 33 -
                                                                          Annex VI11
                                 CONFORMITY TO TYPE
                                        (mpdule C)
1. The manufacturer or his authorized representative established within the
   Community   ensures and declares           that   the products concerned        are in
   conformity   with   the   type    as described         in the      EC type-examination
   certificate and satisfy the requirements of the Directive that applies
   to them.   The manufacturer shall affix the CE mark to each product and
   draw up a written declaration of conformity.
2. The manufacturer shall take all measures necessary to ensure that the
   manufacturing process assures compliance of the manufactured products
   with the type as described in the EC type-examination certificate and
   with the requirements of the Directive that apply to them;
3. The manufacturer or his authorized representative shall keep a copy of
   the declaration of conformity for a period ending at least ten years
   after the last product has been manufactured.
   Where neither    the manufacturer         nor his authorized representative is
   established within the Community, the obligation to keep the technical
   documentation available shall be the responsibility of the person who
   places the product on the Community market (see annex XIII).
                          /ul/gabohAC/NO/4002-EN - 24 February. 1992.
 ---pagebreak---                                    - 34
                                                                             Annex IX
                  PRODUCTION QUALITY ASSURANCE (module D)
1.  The manufacturer who satisfies the obligations of point 2 ensures and
    declares that the products concerned are in conformity with the type
    as described    in the EC type-examination certificate and satisfy the
    requirements of the Directive that apply to them.                      The manufacturer
    shall   affix   the  CE    mark     to   each   product      and    draw   up  a  written
    declaration of conformity.           The CE mark shall be accompanied by the
    distinguishing     number     of    the    notified      body     responsible    for  the
    monitoring as specified in point 4.
2.  The   manufacturer     shall     operate      an    approved       quality    system  for
    production,    final   product       inspection      and    testing    as   specified  in
    paragraph 3 and shall be subject to monitoring as specified in point
    4.
3.  Qua Iity system
3.1 The manufacturer     shall     lodge an application             for  assessment    of his
    quality system with a notified body of his choice, for the products
    concerned.
    The application shall include :
    -   all relevant information for the product category envisaged;
    -   the documentation concerning the quality system;
    -   the technical documentation of the approved type (see annex XIII)
       and a copy to the EC type-examination certificate.
                          /u1/gaboh/LG/NO/4002-EN - 16 March. 1992.
 ---pagebreak---                                  - 35 -
3.2 The quality system shall ensure compliance of the products with the
    type as described in the EC type-examination certificate and with the
    requirements of the Directive that apply to them.
    All    the   elements,   requirements         and    provisions     adopted    by  the
    manufacturer shall be documented in a systematic and orderly manner
     in the form of written policies, procedures and                   instructions.   The
    quality system documentation must permit a consistent                  interpretation
    of the quality programmes, plan, manuals and records.
    It shall contain in particular an adequate description of
    -   the    quality   objectives        and     the      organizational     structure,
        responsibilities    and    powers of        the management       with  regard   to
        product qua Iity;
    -   the    manufacturing,      quality       control       and    quality    assurance
        techniques, processes and systematic actions that will be used;
    -   the examinations and tests that will be carried out before, during
        and after manufacture, and the frequency with which they will be
        carrled out;
    -   the quality records, such as            inspection reports and test data,
        calibration    data,     qualification          reports      of   the   personnel
        concerned, etc.;
    -   the means    to monitor      the achievement          of   the  required   product
        quality and the effective operation of the quality system.
                         /ul/gabohAG/NO/4002-EN  - 16 Morch. 1992.
 ---pagebreak---                                   - 36 -
3.3 The   notified   body    shall    assess     the     quality     system    to   determine
    whether   it satisfies the requirements referred to in point 3.2.                      It
    shall   presume    conformity      with     these     requirements      in    respect  of
    quality systems that implement the relevant harmonized standard.
    The auditing team shall have at least one member with experience of
    evaluation    in   the    product      technology       concerned.     The     evaluation
    procedure   shall    include an       inspection visit          to the manufacturer's
    premises.
    The decision shall be notified to the manufacturer.                   The notification
    shall contain     the conclusions of the examination and the reasoned
    assessment decision.
3.4 The manufacturer shall undertake to fulfil the obligations arising
    out of the quality system as approved and to uphold                      it so that it
    remains adequate and efficient.
    The manufacturer      or   his authorized         representative shall          keep  the
    notified body that has approved the quality system                     informed of any
    intended updating of the quality system;
    The   notified   body    shall    evaluate      the modifications         proposed    and
    decide whether     the amended       quality system will            still   satisfy   the
    requirements referred to in prargraph 3.2 or whether a re-assessment
    is required.
    It shall notify its decisions to the manufacturer.                    The notification
    shall contain    the conclusions of the examination                  and the reasoned
    assessment decision.
                          /ul/gobohAG/MO/4002-EN  - 1« Morch. 1992.
 ---pagebreak---                                 - 37 -
4.  Surveillance under the responsibility of the notified body
4.1 The purpose of surveillance          is to make sure that the manufacturer
    duly  fulfils the obligations arising out of the approved                    quality
    system.
4.2 The manufacturer     shall      allow       the    notified     body   entrance  for
    inspection purposes to the locations of manufacture, inspection and
    testing,   and storage      and shall         provide       it with   all  necessary
    information in particular
    -   the quality system documentation
    -   the quality records, such as inspection reports and test data,
       calibration    data,     qualification           reports     of   the   personnel
       concerned, etc.
4.3 The notified body shall periodically carry out audits to make sure
    that the manufacturer maintains and applies the quality system and
    shall provide an audit report to the manufacturer.
4.4 Additionally   the notified       body    may pay unexpected         visits   to the
    manufacturer.   During such visits the notified body may carry out, or
    cause to be carried out, tests to verify that the quality system is
    functioning correctly, if necessary. The notified body shall provide
    the manufacturer with a visit report and, if a test has taken place,
    with a test report.
                        /ul/goboh/lC/NO/4002-EN  - 16 March. 1992.
 ---pagebreak---                                 - 38 -
5.   The manufacturer shall, for a period ending at least ten years after
     the last product has been manufactured, keep at the disposal of the
     national authorities :
   - The documentation referred to in the second indent of point 3.1;
   - the updating referred to in the second paragraph of point 3.4;
   - the decision and reports from the notified body which are referred to
     in the final paragraph of point 3.4, point 4.3 and point 4.4.
6.   Each notified body shall give the other notified bodies the relevant
     information  concerning     the quality        system      approvals issued and
     withdrawn.
                      /u1/gobohAG/N0/4002-EN - 24 February. 1992.
 ---pagebreak---                                   - 39 -
                                                                                   Annex X
                              PRODUCT VERIFICATION
                                       (module F)
1.   This module   describes     the procedure whereby a manufacturer                 or his
     authorized representative established within the Community checks and
     attests that the products subject to the provisions of point 3 are in
     conformity  with  the     type as described           in the EC-type        examination
     certificate and satisfy the requirements of the Directive that apply
     to them.
2.   The manufacturer shall take all measures necessary                   in order that the
     manufacturing process ensures conformity of                   the products with      the
     type as described     in the EC- type examination certificate and with
     the requirements of the Directive that apply to them. He shall affix
     the CE mark    to each     product      and   shall     draw up      a declaration    of
     conformity.
3.   The notified body shall carry out the appropriate examinations and
     tests  in order   to    check     the    conformity      of    the  product   with   the
     requirements of the Directive either by examination and testing of
     every product as specified         in point 4 or by examination and testing
     of products on a statistical basis, as specified                   in point 5, at the
     choice of the manufacturer.
3.a. The manufacturer or his authorized representative shall keep a copy
     of the declaration of conformity            for a period ending at            least ten
     years after the last product has been manufactured.
4.   Verification by examination and testing of every product
4.1. All products shall be individually examined and appropriate tests as
     set out   in the  relevant       standard(s) referred            to   in Article   5 or
     equivalent  tests   shall     be    carried     out    in order       to  verify   their
                        /ul/gaboh/LG/NO/4002-EN - 24 February. 1992.
 ---pagebreak---                                    - 40 -
     conformity with     the type as described              in the EC-type        examination
     certificate and the requirements of the Directive that apply to them.
4.2. The   notified   body     shall      affix     or    cause      to   be   affixed,    its
     distinguishing number to each approved product and draw up a written
     certificate of conformity relating to the tests carried out.
4.3. The manufacturer or his authorized representative shall ensure that
     he is able to supply the notified body's certificates of conformity
     on request.
5.   Statistical verification
5.1. The   manufacturer     shall      present      his    products       in   the   form   of
     homogeneous lots and shall take all measures necessary in order that
     the   manufacturing     process      ensures      the homogeneity         of   each   lot
     produced.
5.2. All products shall       be available        for verification          in the form of
     homogeneous   lots. A random          sample    shall     be drawn      from each lot.
     Products in a sample shall be individually examined and appropriate
     tests as set out in the relevant standard(s) referred to in Article
     5,   or equivalent     tests,      shall    be carried         out    to ensure     their
     conformity with the requirements of the Directive which apply to them
     and to determine whether the lot is accepted or rejected.
5.3. The statistical procedure shall use the following elements :
     -   the statistical method to be applied,
     -   the sampling plan with its operational characteristics.
5.4. In the case of accepted lots, the notified body shall affix, or cause
     to be affixed,    its distinguishing number to each product and shall
     draw up a written certificate of conformity                    relating to the tests
     carried out. All products in the lot may be put on the market except
     those   products   from    the sample        which     were      found   not  to be in
     conformity.
                         /ul/gaboh/LC/NO/4002-EN - 24 February. 1992.
 ---pagebreak---                                - 41 -
      If a lot is rejected, the notified body or the competent             authority
     shall take appropriate measures to prevent the putting on the market
     of that lot. In the event of frequent rejection of lots the notified
     body may suspend the statistical verification.
     The manufacturer may, under the responsibility of the notified body,
     affix  the latter's distinguishing number              during the manufacturing
     process.
5.5. The manufacturer or his authorized representative shall ensure that
     he is able to supply the notified body's certificates of conformity
     on request.
                       /ul/goboh/LC/NO/4002-EN - 16 Morch. 1992.
 ---pagebreak---                                   - 42 -
                                                                         Annex XI
                                 UNIT VERIFICATION
                                       (module G)
1. This module describes the procedure whereby the manufacturer ensures and
   declares that the product concerned, which has been                  issued with the
   certificate referred to in point 2, conforms to the requirements of the
   Directive that apply to it. The manufacturer shall affix the CE mark to
   the product and draw up a declaration of conformity.
2. The notified body shall examine the individual product and carry out the
   appropriate tests as set out in the relevant standard(s) referred to in
   Article  5, or equivalent       tests, to ensure            its conformity  with the
   relevant requirements of the Directive.
   The notifed body shall affix, or cause to be affixed, its distinguishing
   number  on the approved      product      and shall draw up a certificate of
   conformity concerning the tests carried out.
3. The aim of the technical documentation is to enable conformity with the
   requirements of the Directive to be assessed and the design, manufacture
   and operation of the product to be understood (see Annex XIII).
                        /u1/gaboh/LG/N0/4002-EN - 24 February. 1992.
 ---pagebreak---                                  - 43 -
                                                                          Annex XI I
                            FULL QUALITY ASSURANCE
                                     (module H)
1.   This module   describes     the procedure whereby              the manufacturer who
     satisfies the obligations of paragraph 2 ensures and declares that
     the products concerned satisfy the requirements of the Directive that
     apply   to them. The manufacturer          shall    affix      the CE mark   to each
     product and draw up a written declaration of conformity. The CE mark
     shall be accompanied by the distinguishing number of the notified
     body responsible for the surveillance as specified in point 4.
2.   The manufacturer shall operate an approved quality system for design,
     manufacture and final product inspection and testing as specified in
     point 3 and shall be subject to surveillance as specified in point 4.
3.   Qua Iity system
3.1. The manufacturer   shall     lodge an application for assessment of his
     quality system with a notified body.
     The application shall include :
     -   all relevant information for the product category envisaged
     -   the quality system's documentation.
3.2. The quality system shall ensure compliance of the products with the
     requirements of the Directive that apply to them.
     All   the  elements,    requirements        and    provisions      adopted   by the
     manufacturer shall be documented in a systematic and orderly manner
     in the form of written policies, procedures and instructions. This
     quality system documentation shall ensure a common understanding of
                       /ul/gaboh/LG/NO/4002-EN - 24 February. 1992.
 ---pagebreak---                                - 44 -
the   quality  policies       and procedures         such     as quality     programmes,
plans, manuals and records.
It shall contain in particular an adequate description of
-   the   quality     objectives         and     the     organizational       structure,
    responsibilities      and powers of the management                  with  regard   to
    design and product quality.
-   the technical     design      specifications,         including     standards,   that
   will be applied and, where the standards referred to in Article 5
    will not be applied in full, the means that will be used to ensure
    that the essential requirements of the Directive that apply to the
    products wi l"l be met,
-   the design control and design verification techniques, processes
    and  systematic     actions      that    will    be used       when   designing the
    products pertaining to the product category covered,
-   the corresponding        manufacturing,         quality       control   and  quality
   assurance techniques, processes and systematic actions that will
   be used,
-   the examinations and tests that will be carried out before, during
   and after manufacture, and the frequency with which they will be
    carried out,
-   the quality records, such as inspection reports and test data,
   calibration     data,       qualification          reports       of   the   personnel
   concerned, etc...,
-   the means to monitor the achievement of the required design and
   product quality and the effective operation of the quality system.
                     /u1/goboh/LG/N0/4002-EN - 24 February, 1992.
 ---pagebreak---                                  - 45 -
3.3. The notified    body    shall   assess      the quality         system   to determine
     whether   it satisfies the requirements referred to in point 3.2. It
     shall   presume  compliance      with     these     requirements       in respect   of
     quality systems that implement the relevant harmonized standard (EN
     29001)
     The auditing team shall have at least one member experienced as an
     assessor    in  the    product      technology       concerned.       The   evaluation
     procedure shall    include an assessment            visit     to the manufacturer's
     premises.
     The decision shall be notified to the manufacturer. The notification
     shall contain the conclusions of the examination and the reasoned
     assessment decision.
3.4. The manufacturer shall undertake to fulfil the obligations arising
     out of the quality system as approved and to uphold                     it so that it
     remains adequate and efficient.
     The manufacturer    or his authorized            representative shall        keep the
     notified body that has approved the quality system                    informed of any
     intended updating of the quality system.
     The   notified  body   shall    evaluate       the modifications         proposed and
     decide whether    the amended quality system will                  still  satisfy the
     requirements referred to in paragraph 3.2. or whether a re-assessment
     Is required.
     It shall notify    its decision to the manufacturer. The notification
     shall contain the conclusions of the examination and the reasoned
     assessment decision.
4.   EC surveillance under the responsibility of the notified body
4.1. The purpose of surveillance          is to make sure that the manufacturer
     duly   fulfils the obligations arising out of the approved                     quality
     system.
                        /u1/gobohAC/N0/4002-EN  - 24 February. 1992.
 ---pagebreak---                                    - 46 -
4.2. The    manufacturer    shall      allow      the    notified      body   entrance     for
      inspection   purposes      to    the     locations       of    design,    manufacture,
      inspection and testing, and storage, and shall provide                     it with all
     necessary information, in particular
     -    the quality system documentation;
     -    the quality records as foreseen by the design part of the quality
         system, such as results of analyses, calculations, tests, etc... ;
     -    the quality records as foreseen by the manufacturing part of the
         quality   system,    such      as    inspection        reports   and    test    data,
         calibration    data,      qualification           reports     of   the     personnel
         concerned, etc....
4.3. The notified body shall periodically carry out audits to make sure
     that the manufacturer maintains and applies the quality system and
     shall provide an audit report to the manufacturer.
4.4. Additionally    the notified       body     may pay unexpected          visits   to the
     manufacturer. At the time of such visits, the notified body may carry
     out   tests or have them carried out in order                    to check    the proper
     functioning of the quality system where necessary ; it shall provide
     the manufacturer with a visit report and, if a test has been carried
     out, with a test report.
5.   The manufacturer shall, for a period ending at least ten years after
     the last product has been manufactured, keep at the disposal of the
     national authorities :
     -   the documentation referred to in the second indent of the second
         subparagraph of point 3.1.;
     -   the updating referred to in the second subparagraph of point 3.4.;
     -   the decisions     and reports         from     the notified       body    which   are
         referred to in the final subparagraph of point 3.4., point 4.3.
         and point 4.4.
                          /ul/goboh/lG/NO/4002-EN  - 16 March. 1992.
 ---pagebreak---                                  - 47 -
6. Each notified  body  shall     forward     to the other         notified bodies the
   relevant information concerning the quality system approvals issued and
   withdrawn.
                       /ul/gobohAC/NO/4002-EN - 24 February. 1992.
 ---pagebreak---                                  - 48 -
                                                                   ANNEX XIII
                      TECHNICAL DOCUMENTATION SUPPLIED
                              BY THE MANUFACTURER
The technical documentation referred to in Annexes, V, VII, V I M , ix, XI,
must comprise all relevant data or means used by the manufacturer to ensure
that components or craft comply with the essential requirements relating to
them.
The   technical documentation shall         enable understanding of   the design,
manufacture and operation of the product, and shall enable assessment of
conformity with the requirements of this directive.
The documentation shall contain so far as relevant for assessment :
-   a general description of the type;
-   conceptual design and manufacturing drawings and schemes of components,
   sub-assembiles, circuits; etc
-   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 5, applied in full or in
   part, and descriptions of the solutions adopted to fulfil the essential
   requirements when the standards referred to in Article 5 have not been
   applied;
-   results of design calculations made, examinations carried out, etc.
-   test reports, or calculations namely on stability according to point 3.2
   of the Essential Requirements and on buoyancy according to point 3.3 of
   the Essential Requirements.
                         /u1/goboh/LC/N0/4002-EN - 16 Morch. 1992.
 ---pagebreak---                                    - 49 -
                                                                                 ANNEX XIV
               MINIMUM CRITERIA TO BE TAKEN             INTO ACCOUNT      BY
                MEMBER STATES FOR THE NOTIFICATION OF BODIES
1. The body, its director and the staff responsible for carrying out the
   verification tests shall not be the designer, manufacturer, supplier or
   installer of boat or components which they inspect, nor the authorized
   representative of any of these parties. They shall not become either
   involved  directly   or as authorized            representatives        in the design,
   construction, marketing or maintenance of the said products. This does
   not  preclude  the possibility         of exchanges of technical             information
   between the manufacturer and the body.
2. The body and its staff shall carry out the verification tests with the
   highest degree of professional          integrity and technical competence and
   shall  be   free   from    all     pressures       and     inducements,    particularly
   financial, which might      influence their judgement or the result of the
   inspection, especially       from    persons     or groups         of persons   with  an
   interest in the result of verifications.
3. The body shall have at its disposal the necessary staff and possess the
   necessary facilities to enable it to perform properly the administrative
   and technical   tasks connected with verification;                  it shall  also have
   access to the equipment required for special verification.
                         /u1/goboh/LG/N0/4002-EN - 24 February. 1992.
 ---pagebreak---                                    - 50 -
4. The staff responsible for inspection shall have
   -   sound  technical and professional training,
   -   satisfactory knowledge of the requirements of the tests they carry
      out and adequate experience of such tests,
   -   the ability to draw up the certificates, records and reports required
      to authenticate the performance of the tests.
5. The   impartiality   of     inspection       staff     shall      be  guaranteed.   Their
   remuneration shall not depend on the number of tests carried out or on
   the results of such tests.
6. The body shall    take out liability            insurance unless       its liability is
   assumed by the State       in accordance with national               law, or the Member
   States itself is directly responsible for the tests.
7. The staff of the body shall be bound to observe professional                      secrecy
   with regard to all information gained in carrying out its tasks (except
   vis-a-vis the competent administrative authorities of the State in which
   its activities are carried out) under the Directive or any provision of
   national law giving effect to it.
                         /u1/gobohAC/>K>/4002-EN  - 24 Februory. 1992.
 ---pagebreak---                                                                 Brussels, 6 February 1992
                                 RECREATIONAL CRAFT
                                FINANCIAL STATEMENT
                       Section 1: Financial implications
1. Title of operation:        Technical                    harmonization        Directive
                               (Article 100a): Recreational craft.
2. Budget heading involved: B5-300 "Completing the internal market" (former
    Item 7750).
3. Legal basis: Article 100a of EEC Treaty.
4. Description of operation
   4.1      Specific objectives of operation: Removal of trade barriers and
            of technical barriers.
   4.2      Duration: Date proposed for the implementation of the Directive:
            1 July 1995
   4.3      Target   population: Member                States' authorities,      maritime
            industries, users of recreational craft.
5. Classification of expenditure or revenue
   5.1      Non-compulsory expenditure
   5.2      Differentiated appropriations
   5.3      No revenue
6. Type of expenditure or revenue
   6.1      100% subsidy: No
   6.2      Subsidy for joint financing with other sources                 in the public
            and/or private sector: Yes
   6.3      Interest subsidy: No
   6.4      Other: (Possibly) defraying of meeting expenses
   6.5      Should the operation prove an economic success, is there
            provision for all or part of the Community contribution to be
            reimbursed: No
   6.6      Will the proposed operation cause any change in the level of
            revenue? If so, what sort of change and what type of revenue is
            involved? No
                           /u1/gabah/LG/»0/ftr»-€M - 18/3/92
 ---pagebreak---                                          - 2 -
7. Financial impact on appropriations for operations (part B of the budget)
   7.1      Provision should be made for the following resources as part of
            the budgetary procedure concerned.
            - transposition of 5 published ISO*1) standards as CEN*2)
              standards
              ECU 10 000 X 5 - 50 000
            - completion of 13 standards at an advanced stage of preparation
              as CEN standards
              ECU 30 000 x 13 - 390 000
            - preparation of 7 standards on subjects not yet covered
              ECU 50 000 x 7 -350 000
                                790 000 # 800 000
   7.2      Proportion of mini-budget in total cost of operation.
            Explain method of calculation
   7.3      Indicative schedule of commitment and payment appropriations
            Commitment appropriations 1992: ECU 800 000
            Payment appropriations       1992: ECU 300 000
                                         1993: ECU 350 000
                                         1994: ECU 150 000
8. What anti-fraud measures are planned in the proposal for the operation?
   Possible control and audit provisions are included in framework contract
   between the Commission and the CEN.
(1)    International Organization for Standardization
(2)    European Committee for Standardization
                          /ul/gobohAC/MO/f in-EN - 18/3/92
 ---pagebreak---                                                 3 -
                    Section 2: Administrative expenditure
                             (part A of the budget)
   Will the proposed operation involve an increase in the number of
   Commission staff? If so, how many? It will be incorporated into the
   tasks of Units lll/E/4 and lll/B/2.
   Indicate the amount of staff and administrative expenditure involved in
   the proposed operation. Explain the method of calculation: Directive
   83/189 + (possibly) specialized Committee (ECU 20 000 per annum)
             Section 3: Elements of cost-effectiveness analysis
1. Objectives and coherence with financial programming
   1.1     Specific objective(s) of proposed operation. If possible this
           should be quantified and must be shown for each of the years
           concerned in the case of a multiannual operation: Completing the
           internal market and making the industrial sector concerned more
           competitive; preparing harmonized standards needed to implement
           the Direct ive
   1.2     Is the operation incorporated in the financial programming of
           the DG for the years concerned? Yes
   1.3     To which broader objective defined in the DG's financial
           programming does the objective of the proposed operation
           correspond?:
           - Removal of technical barriers
           - Harmonization of technical legislation and standardization
2. Grounds for the operation
   2.1     Reasons for choosing this operation rather than an alternative
           which would achieve the same objectives. The justification must
           be based on three criteria:
           Mutual recognition is not applicable; as the approval of
           recreational craft covers numerous systems, a Directive is
           needed.
                          /u1/gobah/LG/N0/f irt-EN - 18/3/92
 ---pagebreak---                                           -4
       (a) cost: Agreement CEN/Commission
       (b) spin-off effect (impact beyond the specific objective(s):
           Development of the sector
       (c) multiplier effect (ability to mobilize other sources of
           finance): None
3. Monitoring and evaluation of the operation
   3.1     Performance indicators selected: Compliance with the deadlines
           for preparing the standards, and follow-up of the target dates
           in the mandate.
   3.2     Details and frequency of planned evaluation: Follow-up of the
           mandate to the CEN on a yearly base.
   3.3     Main factors of uncertainty which could affect the specific
           results of the operation: None
                          /ul/gobah/LG/KO/f irt-EN - 18/3/92
 ---pagebreak--- IMPACT           A S S E S S M E N T
   /ul/goboh/LG/NO/impoct-EN - 16/3/92
 ---pagebreak---  ---pagebreak---                                   - 1
1. The proposal
   The Directive is proposed in order to remove comprehensive barriers to
   trade in force in two major boating countries with large boating
    industries, and with the threat of regulations being brought into force
    in other countr ies.
2. The Impact on Business
   a) All sectors of the boating industry will be affected, except a few
       companies making craft that are excluded from the Directive (boats
       constructed solely for racing, replicas of historic craft, canoes,
       kayaks, submersibles, hovercraft etc).
       Component   manufacturers      will      be     affected   just  as  much  as
       boatbuiIders, although component manufacturers will generally not be
       manufacturing products exclusively for the boating industry.
   b) 98% of boatbuiIders have less than 200 employees
       80% of boatbuiIders have less than 20 employees
       45% of boatbuiIders have less than 10 employees
   c) Small firms are in general evenly distributed throughout the EEC.
   d) There are 3 companies      with between         1000 and  1500 employees (2 in
       France and 1 in UK).
3. Compliance by Companies
   The Directive attempts to minimise the evaluation of conformity load for
   small builders of small boats, and therefore keep their compliance
   costs-per-boat to a minimum.
   Small business operating under the Internal Production Control procedure
   will have to keep full records of designs, tests, calculations carried
   out etc. for a period of 10 years after the last product has been
   manufactured at the disposal of the relevant national authorities for
   inspection purposes.
                            /u1/goboh/lG/NO/impoct-EN - 16/3/92
 ---pagebreak---                                    - 2 -
   Larger companies will      be    involved      with     Notified  Bodies,  and  hence
    involve higher costs.
   Every effort will be made to keep certification costs to the minimum.
4. Economic effects
   The advantages of having no barriers, standard methods of boat
   construction and certification, and the disciplines of keeping full
   records of designs, tests and calculations will result in greater
   efficiency, and economies of scale in some cases. In this way it is
   expected that prices will be kept to reasonable levels and the sales of
   boats will be maintained. This will result in greater investment and
   the creation of new businesses.
5. Special Measures for SME's
   The proposal is that the smaller boatbuilders of smaller boats (under 20
   boats per year of       less than 6m            length) should operate       Internal
   Production Control. If a small boatbuilder is reliable and efficient,
   this will avoid the need for inspection by a Notified Body and so avoid
   those costs.
6. Consul tat ion
   1. All EEC governments,
   2. The national boating industry federations of all EEC countries,
       represented   by  the     International          Council   of   Marine   Industry
       Associations. I COM IA has not only asked for the presentation of such
       a directive, but has actively participated in the drafting of the
       Essential Requirements and in the preparation of the standards
       necessary for its implementation.
   3. The European Boating Association representing the boating user
       organisations of eight EEC countries. This Association gives general
       support to the Directive but stresses that the conformity assessment
       procedure included within the Directive should be the least onerous
       possible.
                             /ul/goboh/LG/NO/impoct-EN - 16/3/92.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM(92) 141 final
                                                      DOCUMENTS
EN                                                                              06
                                 Catalogue number: CB-CO-92-169-EN-C
                                                             ISBN 92-77-43290-X
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