CELEX: 51976PC0393
Language: en
Date: 1976-07-22
Title: PROPOSAL FOR A DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO BOATS AND THEIR FITTINGS (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 393
Vol. 1976/0117
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                         ,    . COM(76)393 final
                                                Brussels , 22 July 1976
                   PROPOSAL FOR A DIRECTIVE ON THE APPROXIMATION
                   OF THE LAWS OF THE MEMBER STATES RELATING TO
                                 BOATS AND THEIR FITTINGS
                I    /
                               \                             *     i
                                                        /
                                     . ;
                          I
                       ( submitted by the Commission to the Council )
C ( 76 ) 393 final
 ---pagebreak---                               EXPLANATORY MEMORANDUM
I. The incidence and nature of technical "barriers to trade have "become
    apparent only in the last fifteen years as international trade has
    grown and customs barriers have been lowered , thus throwing the
    technical barriers into ever greater relief .
    At European Community level it therefore seemed that all efforts
     Bhould be directed towards eliminating these barriers ; their
     survival , relics that they are of the protectionist frame of mind
    and obstacles to the feee movement of goods and therefore to the
    realisation of the common market , seemed an anachronism .
    Hence in 19^9 >' on a proposal by the Commission, the Council of the
    European Community adopted a "general programme to remove those
    technical barriers to trade resulting from differences between the
    laws , regulations and administrative provisions of the Member
    States ( i ). This programme was probably very ambitious but it was
    well thought out and balanced and has made possible the adoption of
    about fifty directives to date in a veiy wide range of industrial
    sectors ( motor vehicles , . measuring instruments , dangerous
    substances , crystal glass , textiles , agricultural and forestry
    tractors , etc).
    In May I973 » on a proposal by the Commission, the Council adopted a
    supplement to the general programme ( 2 ) which included son;e new
    sectors , amongst them the "pleasure craft " Boctor
    Finally in December 1973 the Council adopted a Resolution on industrial
    policy ( 3) which was a timetable for completing the first pait of an
    action programme on the abolition of technical barr i rr to trade in
    foodstuffs and industrial products , as provided foj in the Taris
    Conference Declaration .
   ( I ) OJ N° C 76/1 , 17 June 1969
   ( 2roj      a-38/l , 5 -June 1973
   ( 3) OJ N° C II7/I , '31 Do cent-er"' 1073
 ---pagebreak---                                        - 2 -
 In order to keep to the deadlines as far as possible , the Community 's work
 has "been based on this timetable *
 The Commission therefore began the work that was required to the schedule
 in the Resolution concerning industrial policy- and felt that for this
 purpose and in view of the coot ion   connected with naval construction and
more specifically the construction of " pleasure craft ", it was both appro­
 priate and necessary to set up a Working Party on the Removal of Technical
Barriers to trade in ITaval construction ( Pleasure Graft ), made up of experts
 from the ITember States who were qualified to assist the Commission depart­
ments in drawing up proposals for directives for the sector concerned .
The provisions of Article 100 of the Treaty of Rome , whioh provides for
the approximation of the laws , regulations and administrative provisiono
of the Member States , form the basis for this work « rt is now evident that
divergences exist between the requirements currently in force in some Member
States and that these disparities are likely to increase , if , as is quite
likely , new 'regulations are brought in by other Ilember States which at
present have no legal provisions on the subjoct , or which act on recommen­
dations .
As specified in the addition to the General Programme , the Commission has
begun work , on the Community level , on establishing a clearly defined
category for boats , namely pleasure craft .
         /
 ---pagebreak---                                     -3-
2 . In order to ensure the safety of pleasure craft , some of the
    Member States carry out various inspections which cover the
    individual parts , features , and fittings of pleasure craft , and
    the pleasure craft themselves .     Technical "barriers can intervene
    at two levels : the mandatory technical specifications whi-jh
    differ from one Member State to the next , and the inspections
    which have to "be repeated in different forms for eachl .importing
    Member State .
    The Commission is seeking to eliminate these two types of barrier
    by proposing a procedure for EEC type-approval for individual
    parts , features or fittings together with an EEC approval
    procedure for pleasure craft .     The technical specifications and
    testing methods , in particular those covering the design or
    performance of individual parts , features or fittings of pleasure
    craft , as well as their installation and functioning as integral
    parts of a craft , will be the subject of specific directives .
    Mutual recognition by the various Member States of the inspections
    carried out to ensure compliance with Community requirements is
    a concomitant of these procedures .
    The method of approximation chosen is that of optional harmonization ,
    with the possibility of subsequent total harmonization in certain
    clear-out -cases.
    Total harmoniaation could be applied to the specific directives
    whose aim is to harmonize laws on those individual parts , features
    or fittings whose "safety" and "environmental protection" aspects
    are shown to be oseantial .
                                                                        0 /4
 ---pagebreak---                                     -4-
3 » Chapter I of this proposal for a directive is concerned with the
    scope of the directive and with definitions .
    The scope is as wide as possible in the sense that it \ri.ll be
    for the specific directives to. fix the precise field of application
    in the light of particular technical requirements . For the definition
    of pleasure craft by type , the length will bo taken as the basic
    parameter .
    Chapter II sets out the rules and procedures relating to EEC type-
    approval and EEC approval , EEC type-approval being for the indivi­
    dual parts , features and fittings , and EEC approval for the pleasure
    craft themselves .
    Lastly , Chapter III sets out the general and final provisions ,
    particularly the procedure for adapting the provisions of the
    specifio directives to technological progress .
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 100 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Having regard to the Opinion of the Economio. and Social Committee ;
whereas in some of the Member States the construction of pleasure, draft must
 comply with certain mandatory technical requirements whereas cheoks to ensure
that pleasure craft comply with these provisions are traditionally
carried out before the craft are placed on the markets ; whereas
these checks are carried out on the individual parts and features
of tho pleasure craft and on certain fittings ; whereas these
requirements vary from one Member State to another and whereas this
disparity hinders trade and could create unequal conditions of
competition in the Community ;
vfhereas these barriers to the establishment and proper functioning
of the common market can be reduced and even eliminated if the same
requirements are applicable in all Member States either in addition
to any existing national provisions or , where appropriate , in place
thereof j
whereas bringing in Community requirements would enable undertakings
to manufacture technically uniform production lines which could
therefore be marketed and used throughout -the Community once ';liey
had passed the EEC inspection ;
 ---pagebreak--- whoreas for this purpose provision must "be made for the mutual
recognitor, of testing methods among the Member States and for
the introduction both of an EEC type-approval procedure for each
type of individual part , feature or fitting in pleasure craft
and of an EEC approval procedure for pleasure craft in respect of
their individual parts , features and fittings ;
whereas tho separate implementing directives for the various indi­
vidual parts , features or fittings will set out the requirements
relating to their technical design , operation and installation in
pleasure craft , tho testing method and , where appropriate , the
conditions subject to which the Community 1 s technical specifications
will bo substituted for previously existing national provisions ;
whereas in order to determine the types of pleasure craft for which
these individual parts , features or fittings are designed it will be
useful to retain " length" parameter ;
whereas technical progress requires prompt adjustment of tfre technical
requirements specified in tho specific directives referred to above ;
whereas the Commission Bhould be given the task of adopting certain
implementing measures ; whereas , in order to facilitate implementation
of the measures envisaged , reference should be made to the procedure
establishing close cooperation between the Member States ar     the
Commission within the Committee on the Adjustment to Tec' ^ical Progress
of the Directives on the Removal of Technical Barriers v,o the Trade
in Industrial Products ,
HAS ADOPTED THIS DIRECTIVE .
 ---pagebreak---                                      - 3 -
  (CHAPTER I - Scope and definitions
                                   Article I
   The aim of this Directive is to approximate the laws , regulations and
   administrative provisions of the Member States relating to the individual
   parts of construction , features and fittings of pleasure craft as well
   as pleasure craft themselves . For information purposes a list of the-,
   individual parts , features and fittings of pleasure craft is annexed
   to this Directive .
                                   Article 2
~^or the purpose of this Directive :
  a) "pleasure craft " means ar\y vessel or other craft used for navigation
      for pleasure .
      The term " craft " applies to all pleasure craft as devined above .
 b ) "feature" means any design or performance characteristic of a craft .
 c) "fittings" means any piede of equipment or any device which is
      easential for the operation and use of a boat .
d) "EEC type-approval " means the procedure by which a Member State
     certifies that the individual parts , features or fittings of a
     craft satisfy the technical requirements laid* .down in specific
     directives .
fe ) "EEC approval " means the procedure by which a Member State certifier
     that a craft satisfies the technical requirements laid'dovn ;,n
     specific directives in respect of the individual parts , fer . ures
     or fittings .
 ---pagebreak---                                     - 4 -
CHAPTER II - EEC type-approval and EEC approval
                                  Article 3
I * Application for EEC type-approval or EEC approval shall be
    submitted to a Member State by the manufacture or the builder
    or by an authorised representative .
2 . An application shall be accompanied by the information , plans
    and documents required by the specific directive relating to
    the individual parts , featuros or fittings of the craft , or to
    the oraft itself for which EEC type-approval or EEC approval
    is requested .
3 . An application for EEC type-approval or EEC approval may be '
    submitted to one Member State only.
                                 Article 4                      ,
1 . Each Member State shall :
    (i)    grant type-approval for any individual parts , features or
           fittings of a craft if they comply with the technical
           requirements laid down in the specific directives ,
    ( ii ) grant EEC approval for any craft in respect of its individual
           parts , features or fittings if these comply with the technical
           requirements laid down in the specific directives .
2 . The Member State which has granted EEC type-approval or EEC       •••■•
    approval shall take the necessary measures to verify ,
    and if need be in oooperation with the - competent authorities .
    of the other Member States , that production models confoi^n to the
    approved type of the individual parts , features or fittings for which
    type-approval has been granted , or with the prototype for the craft
    approved.
 ---pagebreak---                                    - 5 -
    Special provisions on the oonformity cheok of production can be
    established by specific directives .
3 . The Member State shall complete all the sections of a type-approval
     or approval certificate required by a specific directive for- each
     of the individual parts , features or fittings for which it grants
    type-approval or for each prototype for the oraft for which it
    grants EEC approval in respect of any of its individual parts ,
     features or fittings .
                                 Article 5
I * The competent authorities of each Member State shall , within one
     month , send to the competent authorities of the othor Member States
     a copy of the data sheets and EEC type-approval or EEC approval
     certificate drawn up for each of the individual parts , features
     or fittings for which they grant or refuse type-approval , or for
     each prototype for a craft for which they grant or refuse EEC
     approval in respect of any of its individual parts , features or
     fittings .
2 . If EEC type-approval is granted , Member States shall give the
    manufacturer or his authorised representative an EEC type-approval
     certificate or an EEC certificate of conformity in accordance with
     the provisions laid down in the specific directives .  If EEC
    approval is granted , Member States shall give the boat-builder or
    his autorised    representative an EEC approval certificate in accor­
    dance with the . provisions laid down in the specific directives .
                                                                    ./•
 ---pagebreak---                            Article 6
The Member State which has granted EEC typo-approval or EEC approval
shall tako the necessary measures to ensure that it is informed of
any cessation of production and of any change in the particulars
appearing in the data sheet .
If the Member State in question considers that such a change does not
require an amendment to the existing type-approval or approval certi­
ficate of« completion of a fresh type-approval certificate , the com­
petent authorities of that State shall BO inform the boat-builder
and shall send the competent authorities of the other Member States ,
in periodic batches , copies of amendments to data sheets which have
already been distributed .
If- the State in question finds that an amendment to a data sheet
warrants fresh checks or tests and that it is therefore necessary to
amend the existing type-approval or approval certificate or to
complete a fresh type-approval or approval certificate , the competent
authorities of that State shall so inform the manufacturer or boat-
builder and shall , within one month of such fresh documents .being
completed , send them to the competent authorities of the other
Member States .
Where a type-approval or approval certificate is no longer valie
because the type to whioh it relates has been taken -jut of production ,
the competent authorities of the Member States which granted type-
approval or approval shall , within one month , inform the competent
authorities of the other Member States of the cancellation of the
type-approval or approval certificate .
 ---pagebreak---                                 Article 7
1 . Wo Member State may prohibit the sale of any individual parts ,
     features or fittings of a craft if they bear the EEC type-approval
    mark or are accompanied by an EEC certificate of conformity .
2 . The EEC type-approval mark or EEC certificate of conformity shall
    not prevent a Membe'r State from refusing the marketing
     of individual parts , features or fittings of a craft which do not
     conform to the approved types .
3 . By derogation from paragraph I above Member States shall , where
    expressly provided for by the specific directives , take any
    necessary measures to ensure that no individual parts , features
     or fittings of a craft are sold unless they meet the requirements
     laid down in tho abovcmentioned directives .
                                Article
1. Ho Member State may prohibit the sale or use of a craft on grounds
    connected with design or operation if it is acoompanied by an EEC
    approval certificate .
2 . This certificate shall not prevent a Member State from refusing the
    marketing or use of a craft or orafts which do not conform to the prototype
    for which EEC approval has bean granted in respect of their
    individual parts , features or fittings .
3 . By derogation from paragraph I above , Member States shall , where
    expressly provided for by the specific directives , take any
    necessary measures to ensure that no craft is sold or used unless
    it meets the requirements laid down in the abovementioned directives.
                                                                    ./■
 ---pagebreak---                                          8 -
                                    Article 9
I. If the Member State which has granted EEC type-approval finds that
      any individual parts , features or fittings of a craft which bear
      the EEC type-approval mark or are accompanied by an EEC certificate
      of conformity do not conform to the type which i4 has approved ,
      it shall take the necessary measures to ensure that production
      models conform to the approved type .
2 T If the Member State which has granted EEC approval finds that craft
   1 for which EEC approval has been granted in respect of any of their
      individual parts , features or fittings do not conform to the proto­
      type for the craft for which EEC approval has been granted , it shall
      take the necessary measures to ensure that the production models
      conform to the approved prototype .
      The competent authorities of the Member State which has adopted the
      measures referred to in paragraphs I and 2 above shall advise the
    l                                              •           ,
      authorities of the other Memoer States of the measures taken , which
      may , where necessary , extend to withdrawal of EEC type-approval or
      EEC approval . The said authorities shall take like measures if they
      are in-formed }>y the competent authorities of another Member State
      of such failure to oonform .
4 * The competent authorities of tho Member States shall rnform each
      other , within one month , of any withdrawal of EEC tyi e-approval or
      EEC approval and of the reasons for scuh' a measure .
                                                                            ./■
 ---pagebreak---                                        - 9 -
     CHAPTER III : General and final provisions
                                    Article 10
    Any changes which are necessary to adapt the provisions contained
     in the specific directives to take account of technical progress
     and which are specified in each of those directives , shall "be
     adopted in accordance with the procedure laid down in Article 12 .
                                    Article II
' . I. A Committee on the Adaptation to Technical "Progress of the Directives
         on the Removal of Technical Barriers to Trade in the construction
         •of boats and their fittingo (hcroinaftor called the Committee )
         is hereby set up ; it shall consist of representatives of tho Member
         States and its chairman shall be Commission representative .
    2 . The Committee shall adopt its own rules of procedure .
                                    Article 12
    1 . Where . the procedure laid down in this Article is to be followed ,
        matters shall be referred to the Committee by the Chairman either
        on his own initiative or at the request of the representative
        of a Member State .
    2 . The Commission representative shall submit to the Committee a
        draft of the measures to be adopted .   The Committee shall doliver
        its Opinion on the draft within a time-limit set by the Chairman
        with due regard to the urgency of the matter.    Opinions shall be
        adopted by a majority of forty ono votes , tho votes jf Member States
        being weighted as provided for in Article I48 ( 2]) rf the Ti-saty .
        Tho Chairman shall not vote .
 ---pagebreak---                                        - 10 -
  3 . a) The Corwnission shall adopt the measures envisaged where they are
          in accordance with the Opinion of the Committee#
      b) Where the measures envisaged are not in accordance with the
          Opinion of the Committee , or if no Opinion is delivered , the
          Commission shall without delay propose to the Council the measures
          to be adopted . The Council shall act by a qualified majority .
      c ) If within three months of the proposal being submitted to it
          the Council has not acted , the proposed measures shall be adopted
          by the Commission.
                                    Article 13
                                                                          . ι
  1. All 'decisions taken persuant to the provisions adopted in implementation
      of this Directive and which constitute a refusal or withdrawal of
      EEC type-approval or EEC approval , or the refusal of registration
      or prohibition of sale or use , shall state in detail the reasons on which
      they are based. The deoision shall be notified to the Member State and
      party concerned , who shall at the same time be informed of the
      remedies available to him under the laws in force in the Member
      States and of the time-limits allowed for the exercise of such
      remedies .
  2 . Such decision shall at the same time be notified to the other
      Member States .
»                                   Aritcle 14
  I. The Member States shall adopt and publish the provisions necessary
      for compliance with this Directive by I January 1978 and shall
    - forthwith inform the Commission thereof. They* shall apply these
      provisions as from I October" 1978 *       "
                                                                            ./■
 ---pagebreak---                                  - 11 -
2 . Immediately after receiving notification of this Directive , the
    Member States shall also inform the Commission , in sufficient
    time for it to present its comments , of any draft laws ,
    regulations or administrative provisions they intend to adopt
    in accordance with this Directive .
                             Article 15
    This Directive is addressed to the Member States-
 ---pagebreak---                                    ANÎTEX
              LIST OF INDIVIDUAL PARTS . FEATURES OR FITTINGS
 I.      Hull
 I.I * Wooden hull
 1.2 . Steel hull
 1.3 * Hull of other metal ( aluminium , ...)
 1.4 , Reinforced plastio hull
 I»5 « Hull of ooating       fabric or similar material
 1 . 6 . Ferro–cement hull
 1.7 . Thermoplastic hull (ABS ....)
 2.      Cockpit
 *
 3.      Life-rails
 4*      Steering gear
 5»      Openings in the hull superstructure
 6.      Propulsion machinery – auxiliary engine-(s )
 7»      Fuel installation
 8.      Liquefied gas installation
 9»      Electrical fittings
10.      Chief characteristics ( procedure for checks )
10,1 , Overall length
10.2 . Beam
10.3 * Depth moulded
IO.4 • Maximum weight of engines
10.5 . Maximum permissible power of engines
10.6 . Number of persons permitted on board
10 . .   Normal working sail area
10.8 . Displacement
II .     Stability , reserve b.uoyancy and sub-division
 ---pagebreak---                                 - 2 -
12 . Pumping, drainage
13 » Fire protection
14 . Environmental protection
15 . Individual and communal life saving gear
15*1 Lifeboats
15.2 Lifebelts
15-3 Safety buoys
16 . ilooring lines
                      s
17 . Ftyroteohnio devioes
18 . Lights and visual, warning devices
19 » Audible warning devices