CELEX: 51993PC0023
Language: en
Date: 1993-02-09
Title: Amended 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
                                                 C0M(93) 23 f inal - SYN 410
                                                 Brussels, 9 February 1993
                                Amended proposal for a
                                   COUNCIL PI RECTI YE
                           on the approximation of the laws,
                       regulations and administrative provisions
                                         of the
                                     Member States
                                       relating to
                                   RECREATIONAL CRAFT
                (presented by the Commission pursuant to A r t i c l e 149(3)
  jsss^ai                          of the EEC-Treaty)
•gsspBB
 ---pagebreak---                                             - 1 -
                                Explanatory memorandum
A.  On   21  April      1992, the      Commission       transmitted   to  the  Council  a
    proposal for a Council Directive on the approximation of the laws,
    regulations       and   administrative        provisions     of  the  Member   States
    relating to Recreational            Craft, COM (92) 141 final - SYN 410.
    On 18 November 1992, the European Parliament approved this proposal
     In   its first reading, with 22 amendments.                 The Commission acepted
    13 of t h e m C ) .
    These amendments deal with :
    -   an   inadequate      reference      to   the    IMO Convention    in the   second
        recital,
    -   precisions about some of the excluded craft in article 1,
    -   8 technical points in the essential requirements as in annex I,
    -   2 technical points concerning the components as in annex II,
    -   a   requirement       concerning       the     assessment   of   conformity   for
        components as in annex III.
    The Commission cannot give its agreement to the other proposals for
    amendments mainly because they have been already discussed during
    the consultation phase and the Commission knows the M.S. positions.
B.  As a follow-up, the Commission proposes to modify :
    -   the second recital,
    -   article 1, paragraph 3,
    -   points 2.4.1, 3.5, 3.8, 3.10, 3.11, 5.6.1, 5.7 of annex I,
    -   annex iI and 11i
               as fol lows :
(1) Apart of the 13 amendments of substance, the Commission has accepted
    many proposals for linguistic Improvements for the French version of
    the draft proposal.
                                 Ai1/le40lAC/DIR/r*cr.en 11/1/93
 ---pagebreak---                                          - 2 -
                       Modifications        to the proposal
                                         for a
                               CounclI DirectIve
                     on the approximation of the laws,
                regulations and administrative provisions
                                        of the
                                   Member States
                                     relating to
                               RECREATIONAL CRAFT
1. Modify the second recital as follows :
   whereas   the minimum     length of       recreational              craft  should   be 2.5m
   since craft under this length cannot be considered as recreational
   craft, whereas the maximum          length of 24m for recreational craft is
   derived from ISO (2) standards (deletion of the previous foot-note
   (2).
2. Modify article 1, paragraph 3 as follows :
   *  4th Indent : powered surfboards, powered water vehicles and other
      similar craft,
   *  6th Indent : experimental craft, so long there Is no transfer of
      ownership,
   *  7th   Indent    :  craft      with    crew     and           carrying   passengers   for
      commercial purposes within the meaning of Directive 82/714EEC.
3. Modify point 2.4.1. of annex I as follows :
   for motor boats, the main steering position shall give the operator,
   under   the   normal   conditions        of     speed            and   toad,  good   direct
   visibility   forward    and    to    the   side,         whilst       operating   throttle,
   clutch and steering controls.
                            /i»1/l«40lAC/DIR/r«cr.«,» t l / 1 / 9 3
 ---pagebreak---                                        - 3 -
4. Modify point 3.5 of annex I as follows :
 -  first indent : have self-draining cockpits and wells or
5. Modify point 3.8 of annex I as follows :
   Çompartmentatlon
   All   boats should  be compartmented          according    to their   usage  group
    (section 1.1), stability (section 3.2) and buoyancy               (section 3 . 3 ) ,
   paying special attention to collision bulkheads.
6. Modify point 3.10 of annex I as follows :
   Escape hatches for mu.lt Ihujls
   Ail habitable multihull craft in usage groups A and B of section 1.1
   shall   be fitted with escape hatches that can allow escape from a
   capsized multihulI craft.
7. Modify point 3.11 of annex I as follows :
   Mooring and towlna
   All craft, taking    Into account their usage group (section 1.1) and
   their    characteristics    shall     be    provided     with   arrangements    for
   handling and stowage of mooring and anchor ropes or cables.
8. Modify the 3rd paragraph of point 5.5 of annex I as follows :
   Gas bottles shall be stored in an enclosure isolated from the living
   quaters...
9. Modify the first paragraph of point 5.6.1 of annex                I as follows :
   (Fire protection - General)
   The type of equipment     Installed and the layout of the craft shall
   take account of the risk and spread of fire               in the living quaters.
   Attention shall be paid to the surroundings of open flame devices,
   especially in the vicinity of the engine compartment.
                           /u1/l«401/LG/DIR/r«cr.en 11/1/93
 ---pagebreak---                                      - 4-
10. Modify point 5.7 of annex I as follows :
    Navigation lights
    Navigation  lights shall be fitted         In accordance with the 1972 COL
    REG Convention, as subsequently amended.
11. Modify annex II as follows :
    Add after "COMPONENTS" the following sentence :
    This annex refers to components covered by the harmonized standards
    such as : fire protection, steering gear.
12. Modify point 4 of annex II as follows :
    4. Fixed fuel tanks and fuel hoses.
13. Modify annex 111 as follows :
    Add, after 2nd indent, a new indent :
    -  a declaration of conformity of the component with the Essential
       Requirements of the Directive.
                          /u1/i»40lAG/DIR/r*cr.»n IT/1/93
 ---pagebreak---  ---pagebreak---                                                                     ISSN 0254-1475
                                                              COM(93) 23 final
                                                     DOCUMENTS
EN                                                                             06
                               Catalogue number : CB-CO-93-026-EN-C
                                                            ISBN 92-77-52302-6
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