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Directive 94/25/EC of the European Parliament and of the Council (repealed)Show full title

Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (repealed)

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When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Changes over time for: Directive 94/25/EC of the European Parliament and of the Council (repealed) (Annexes only)

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[F1ANNEX I U.K. ESSENTIAL REQUIREMENTS

PRELIMINARY OBSERVATION U.K.

For the purposes of this Annex the term craft shall cover recreational craft and personal watercraft.

A. Essential safety requirements for the design and construction of craft] U.K.

1.BOAT DESIGN CATEGORIESU.K.
[F1Design category Wind force (Beaufort scale) Significant wave height (H 1/3, metres)
A - Ocean
exceeding 8 exceeding 4
B - Offshore
up to, and including, 8 up to, and including, 4
C - Inshore
up to, and including, 6 up to, and including, 2
D - Sheltered waters
up to, and including, 4 up to, and including, 0,3]
Definitions:U.K.
A.

[F1OCEAN: Designed for extended voyages where conditions may exceed wind force 8 (Beaufort scale) and significant wave heights of 4 m and above but excluding abnormal conditions, and vessels largely self-sufficient.]

B.

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

C.

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

D.

[F1SHELTERED WATERS: Designed for voyages on sheltered coastal waters, small bays, small lakes, rivers and canals when conditions up to, and including, wind force 4 and significant wave heights up to, and including, 0,3 m may be experienced, with occasional waves of 0,5 m maximum height, for example from passing vessels.]

[F1Craft in each Category must be designed and constructed to withstand these parameters in respect of stability, buoyancy, and other relevant essential requirements listed in Annex I, and to have good handling characteristics.]

2.GENERAL REQUIREMENTSU.K.

[F1Products falling under Article 1(1)(a) shall comply with the essential requirements in so far as they apply to them.]

2.1. [F1Craft identification] U.K.

[F1Each craft shall be marked with an identification number including the following information:]

  • manufacturer's code,

  • country of manufacture,

  • unique serial number,

  • year of production,

  • model year.

The relevant harmonized standard gives details of these requirements.

2.2.Builder's plateU.K.

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

  • manufacturer's name,

  • CE marking (see Annex IV),

  • boat design category according to section 1,

  • [F1manufacturer's maximum recommended load derived from section 3.6 excluding the weight of the contents of the fixed tanks when full,]

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

2.3.Protection from falling overboard and means of reboardingU.K.

Depending on the design category, craft shall be designed to minimize the risks of falling overboard and to facilitate reboarding.

2.4.Visibility from the main steering positionU.K.

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

2.5.Owner's manualU.K.

Each craft shall be provided with an owner's manual in the official Community language or languages which may be determined by the Member State in which it is marketed in accordance with the Treaty. This manual should draw particular attention to risks of fire and flooding and shall contain the information listed in sections 2.2, 3.6 and 4 as well as the unladen weight of the craft in kilograms.

3.INTEGRITY AND STRUCTURAL REQUIREMENTSU.K.
3.1.StructureU.K.

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

3.2.Stability and freeboardU.K.

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

3.3.Buoyancy and flotationU.K.

The craft shall be constructed to ensure that it has buoyancy characteristics appropriate to its design category according to section 1.1, and the manufacturer's maximum recommended load according to section 3.6. All habitable multihull craft shall be so designed as to have sufficient buoyancy to remain afloat in the inverted position.

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

3.4.Openings in hull, deck and superstructureU.K.

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

Windows, portlights, doors and hatchcovers shall withstand the water pressure likely to be encountered in their specific position, as well as pointloads applied by the weight of persons moving on deck.

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

3.5.FloodingU.K.

All craft shall be designed so as to minimize the risk of sinking.

Particular attention should be paid where appropriate to:

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

  • ventilation fittings,

  • removal of water by pumps or other means.

3.6.Manufacturer's maximum recommended loadU.K.

The manufacturer's maximum recommended load (fuel, water, provisions, miscellaneous equipment and people (in kilograms)) for which the boat was designed[F2, as marked on the builder's plate,] shall be determined according to the design category (section 1), stability and freeboard (section 3.2) and buoyancy and flotation (section 3.3).

3.7.Liferaft stowageU.K.

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

3.8.EscapeU.K.

All habitable multihull craft over 12 metres long shall be provided with viable means of escape in the event of inversion.

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

3.9.Anchoring, mooring and towingU.K.

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

4.HANDLING CHARACTERISTICSU.K.

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

5.INSTALLATION REQUIREMENTSU.K.
5.1.Engines and engine spacesU.K.
5.1.1.Inboard engineU.K.

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

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

The insulating materials inside engine spaces shall be non-combustible.

5.1.2.VentilationU.K.

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

5.1.3.Exposed partsU.K.

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

5.1.4.Outboard engines startingU.K.

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 newtons (N) of static thrust;

(b)

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

[F35.1.5. Personal watercraft running without driver U.K.

Personal watercraft shall be designed either with an automatic engine cut-off or with an automatic device to provide reduced speed, circular, forward movement when the driver dismounts deliberately or falls overboard.]

5.2.Fuel systemU.K.
5.2.1.GeneralU.K.

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.

[F15.2.2. Fuel tanks U.K.

Fuel tanks, lines and hoses shall be secured and separated or protected from any source of significant heat. The material the tanks are made of and their method of construction shall be according to their capacity and the type of fuel. All tank spaces shall be ventilated.

Petrol fuel shall be kept in tanks which do not form part of the hull and are:

(a)

insulated from the engine compartment and from all other source of ignition;

(b)

separated from living quarters;

Diesel fuel may be kept in tanks that are integral with the hull.]

5.3.Electrical systemU.K.

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.

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

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

5.4.Steering systemU.K.
5.4.1.GeneralU.K.

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

5.4.2.Emergency arrangementsU.K.

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

5.5.Gas systemU.K.

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

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

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

5.6.Fire protectionU.K.
5.6.1.GeneralU.K.

The type of equipment installed and the layout of the craft shall take account of the risk and spread of fire. Special attention shall be paid to the surroundings of open flame devices, hot areas or engines and auxiliary machines, oil and fuel overflows, uncovered oil and fuel pipes and avoiding electrical wiring above hot areas of machines.

[F15.6.2. Fire-fighting equipment U.K.

Craft shall be supplied with fire-fighting equipment appropriate to the fire hazard, or the position and capacity of fire-fighting equipment appropriate to the fire hazard shall be indicated. The craft shall not be put into service until the appropriate fire-fighting equipment is in place. Petrol engine enclosures shall be protected by a fire extinguishing system that avoids the need to open the enclosure in the event of fire. Where fitted, portable 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 craft.]

5.7.Navigation lightsU.K.

Where navigation lights are fitted, they shall comply with the 1972 Colreg or CEVNI regulations, as appropriate.

[F15.8. Discharge prevention and installations facilitating the delivery ashore of waste U.K.

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

Craft fitted with toilets shall have either:

(a)

holding tanks, or

(b)

provision to fit holding tanks.

Craft with permanently installed holding tanks shall be fitted with a standard discharge connection to enable pipes of reception facilities to be connected with the craft discharge pipeline.

In addition, any through-the-hull pipes for human waste shall be fitted with valves which are capable of being secured in the closed position.]

[F3B. Essential requirements for exhaust emissions from propulsion engines U.K.

Propulsion engines shall comply with the following essential requirements for exhaust emissions.

1. ENGINE IDENTIFICATION U.K.
1.1. Each engine shall be clearly marked with the following information: U.K.
  • engine manufacturer's trademark or trade-name,

  • engine type, engine family, if applicable,

  • a unique engine identification number,

  • CE marking, if required under Article 10.

1.2. These marks must be durable for the normal life of the engine and must be clearly legible and indelible. If labels or plates are used, they must be attached in such a manner that the fixing is durable for the normal life of the engine, and the labels/plates cannot be removed without destroying or defacing them. U.K.
1.3. These marks must be secured to an engine part necessary for normal engine operation and not normally requiring replacement during the engine life. U.K.
1.4. These marks must be located so as to be readily visible to the average person after the engine has been assembled with all the components necessary for engine operation. U.K.
2. EXHAUST EMISSION REQUIREMENTS U.K.

Propulsion engines shall be designed, constructed and assembled so that when correctly installed and in normal use, emissions shall not exceed the limit values obtained from the following table:

Table 1
(g/kWh)
Type Carbon monoxide Hydrocarbons Nitrogen oxides NO x Particulates PT
A B n A B n
Two-stroke spark ignition 150,0 600,0 1,0 30,0 100,0 0,75 10,0 Not applicable
Four-stroke spark ignition 150,0 600,0 1,0 6,0 50,0 0,75 15,0 Not applicable
Compression ignition 5,0 0 0 1,5 2,0 0,5 9,8 1,0

Where A, B and n are constants in accordance with the table, P N is the rated engine power in kW and the exhaust emissions are measured in accordance with the harmonised standard (1) .

For engines above 130 kW either E3 (IMO) or E5 (recreational marine) duty cycles may be used.

The reference fuels to be used for the emissions test for engines fuelled with petrol and diesel shall be as specified in Directive 98/69/EC (Annex IX, Tables 1 and 2), and for those engines fuelled with Liquefied Petroleum Gas as specified in Directive 98/77/EC.

3. DURABILITY U.K.

The manufacturer of the engine shall supply engine installation and maintenance instructions, which if applied should mean that the engine in normal use will continue to comply with the above limits throughout the normal life of the engine and under normal conditions of use.

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

The normal life of the engine is considered to mean:

(a)

inboard or stern drive engines with or without integral exhaust: 480 hours or 10 years, whichever occurs first;

(b)

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

(c)

outboard engines: 350 hours or 10 years, whichever occurs first.

4. OWNER'S MANUAL U.K.

Each engine shall be provided with an owner's manual in the Community language or languages, which may be determined by the Member State in which the engine is to be marketed. This manual shall:

(a)

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

(b)

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

C. Essential requirements for noise emissions U.K.

Recreational craft with inboard or stern drive engines without integral exhaust, personal watercraft and outboard engines and stern drive engines with integral exhaust shall comply with the following essential requirements for noise emissions.

1. NOISE EMISSION LEVELS U.K.
1.1. Recreational craft with inboard or stern drive engines without integral exhaust, personal watercraft and outboard engines and stern drive engines with integral exhaust shall be designed, constructed and assembled so that noise emissions measured in accordance with tests defined in the harmonised standard (2) shall not exceed the limit values in the following table: U.K.
Table 2
Single engine power In kW Maximum Sound Pressure Level = LpASmax In dB
P N  ≤ 10 67
10 < P N  ≤ 40 72
P N  > 40 75

where PN = rated engine power in kW at rated speed and L pASmax = maximum sound pressure level in dB.

For twin-engine and multiple-engine units of all engine types an allowance of 3 dB may be applied.

1.2. As an alternative to sound measurement tests, recreational craft with inboard engine configuration or stern drive engine configuration, without integral exhaust, shall be deemed to comply with these noise requirements if they have a Froude number of ≤ 1,1 and a power displacement ratio of ≤ 40 and where the engine and exhaust system are installed in accordance with the engine manufacturer's specifications. U.K.
1.3. Froude number shall be calculated by dividing the maximum boat speed V (m/s) by the square root of the waterline length lwl (m) multiplied by a given gravitational constant, (g = 9,8 m/s 2 ) U.K.

.

Power displacement ratio shall be calculated by dividing the engine power P (kW) by the boat's displacement

1.4. As a further alternative to sound measurement tests, recreational craft with inboard or stern drive engine configurations without integral exhaust, shall be deemed to comply with these noise requirements if their key design parameters are the same as or compatible with those of a certified reference boat to tolerances specified in the harmonised standard. U.K.
1.5. Certified reference boat shall mean a specific combination of hull/inboard engine or stern drive engine without integral exhaust that has been found to comply with the noise emission requirements, when measured in accordance with section 1.1, and for which all appropriate key design parameters and sound level measurements have been included subsequently in the published list of certified reference boats. U.K.
2. OWNER'S MANUAL U.K.

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

For outboard engines, the owner's manual required under Annex I.B.4 shall provide instructions necessary to maintain the outboard engine in a condition, that insofar as is practicable, will ensure compliance with the specified noise limit values when in normal use.]

ANNEX IIU.K.COMPONENTS

1.Ignition-protected equipment for inboard and stern drive engines.U.K.

2.Start-in-gear protection devices for outboard engines.U.K.

3.Steering wheels, steering mechanisms and cable assemblies.U.K.

[F14. Fuel tanks intended for fixed installations and fuel hoses.] U.K.

5.Prefabricated hatches and portlights.U.K.

ANNEX IIIU.K.DECLARATION BY THE BUILDER OR HIS AUTHORIZED REPRESENTATIVE ESTABLISHED IN THE COMMUNITY OR THE PERSON RESPONSIBLE FOR PLACING ON THE MARKET(Article 4 (2) and (3))

(a)

The declaration by the builder or his authorized representative established in the Community referred to in Article 4 (2) (partly completed craft) shall contain the following:

  • the name and address of the builder,

  • the name and address of the representative of the builder established in the Community or, if appropriate, of the person responsible for the placing on the market,

  • a description of the partly completed craft,

  • a statement that the partly completed craft is intended to be completed by others and that it complies with the essential requirements that apply at this stage of construction.

(b)

The declaration by the builder, his authorized representative established in the Community or the person responsible for placing on the market referred to in Article 4 (3) (components) shall contain the following:

  • the name and address of the builder,

  • the name and address of the representative of the builder established in the Community or, if appropriate, of the person responsible for the placing on the market,

  • a description of the component,

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

ANNEX IVU.K.CE MARKING

The CE conformity marking must consist of the initials ‘CE’ taking the following form:

If the marking is reduced or enlarged, the proportions given in the above graduated drawing must be respected.

The various elements of the CE marking must have about the same vertical dimension, which shall not be less than 5 mm.

[X1The CE marking is followed by the identification number of the notified body if it intervenes in the control of production.]

ANNEX VU.K.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 or his authorized representative established within the Community shall affix the CE marking to each product and draw up a written declaration of conformity (see Annex XV).U.K.

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.U.K.

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.

3.Technical documentation shall enable the conformity of the products 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 XIII).U.K.

4.The manufacturer or his authorized representative shall keep a copy of the declaration of conformity with the technical documentation.U.K.

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.K.

[F1ANNEX VI U.K. INTERNAL PRODUCTION CONTROL PLUS TESTS (Module Aa, option 1)

This module consists of module A, as referred to in Annex V, plus the following supplementary requirements:

A. Design and construction U.K.

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:

(a)

test of stability according to section 3.2 of the Essential Requirements (Annex IA);

(b)

test of buoyancy characteristics according to section 3.3 of the Essential Requirements (Annex IA).

Provisions common to both variations:

  • These tests or calculations or control shall be carried out under the responsibility of a notified body chosen by the manufacturer.

B. Noise emissions U.K.

For recreational craft fitted with inboard or stern drive engines without integral exhaust and for personal watercraft:

  • On one or several craft representing the production of the craft manufacturer, the sound emission tests defined in Annex I.C shall be carried out by the craft manufacturer, or on his behalf, under the responsibility of a notified body chosen by the manufacturer.

For outboard engines and stern drive engines with integral exhaust:

  • On one or several engines of each engine family representing the production of the engine manufacturer, the sound emission tests defined in Annex I.C shall be carried out by the engine manufacturer, or on his behalf, under the responsibility of a notified body chosen by the manufacturer.

  • Where more than one engine of an engine family is tested, the statistical method described in Annex XVII shall be applied to ensure conformity of the sample.]

ANNEX VIIU.K.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.U.K.

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.U.K.

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 called ‘type’(3).

The notified body may request further specimens if needed for carrying out the test programme.

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 functioning of the product (see Annex XIII).U.K.

4.The notified body shall:U.K.

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;U.K.

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;U.K.

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;U.K.

4.4.agree with the applicant the location where the examinations and necessary tests shall be carried out.U.K.

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.U.K.

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 type-examination certificate of all 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.U.K.

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.U.K.

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.U.K.

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 10 years after the last product has been manufactured.U.K.

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.

ANNEX VIIIU.K.CONFORMITY TO TYPE(module 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 marking to each product and draw up a written declaration of conformity (see Annex XV).U.K.

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.U.K.

3.The manufacturer or his authorized representative shall keep a copy of the declaration of conformity for a period ending at least 10 years after the last product has been manufactured.U.K.

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).

[F34. With regard to the assessment of conformity with the exhaust emission requirements of this Directive and if the manufacturer is not working under a relevant quality system as described in Annex XII, a notified body chosen by the manufacturer may carry out or have carried out product checks at random intervals. When the quality level appears unsatisfactory or when it seems necessary to verify the validity of the data presented by the manufacturer, the following procedure shall be used: U.K.

  • An engine is taken from the series and subjected to the test described in Annex I.B. Test engines shall have been run in, partially or completely, according to the manufacturer's specifications. If the specific exhaust emissions of the engine taken from the series exceed the limit values according to Annex I.B, the manufacturer may ask for measurements to be done on a sample of engines taken from the series and including the engine originally taken. To ensure the conformity of the sample of engines defined above with the requirements of the Directive, the statistical method described in Annex XVII shall be applied.]

ANNEX IXU.K.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 or his authorized representative established within the Community shall affix the CE marking to each product and draw up a written declaration of conformity (see Annex XV). The CE marking shall be accompanied by the distinguishing number of the notified body responsible for the monitoring as specified in point 4.U.K.

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.U.K.

3.Quality systemU.K.

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.U.K.

The application shall include:

  • all relevant information for the product category envisaged,

  • the documentation concerning the quality system,

  • where appropriate, the technical documentation of the approved type (see Annex XIII) and a copy of the EC type-examination certificate.

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.U.K.

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 quality,

  • 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 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 product quality and the effective operation of the quality system.

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.U.K.

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.U.K.

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 reassessment is required.

It shall notify its decisions to the manufacturer. The notification shall contain the conclusions of the examination and the reasoned assessment decision.

4.Surveillance under the responsibility of the notified bodyU.K.

4.1.The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.U.K.

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:U.K.

  • 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.U.K.

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.U.K.

5.The manufacturer shall, for a period ending at least 10 years after the last product has been manufactured, keep at the disposal of the national authorities:U.K.

  • 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 decision 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.

6.Each notified body shall give the other notified bodies the relevant information concerning the quality system approvals issued and withdrawn.U.K.

ANNEX XU.K.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.U.K.

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. The manufacturer or his authorized representative established within the Community shall affix the CE marking to each product and shall draw up a declaration of conformity (see Annex XV).U.K.

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.U.K.

3a.The manufacturer or his authorized representative shall keep a copy of the declaration of conformity for a period ending at least 10 years after the last product has been manufactured.U.K.

4.Verification by examination and testing of every productU.K.

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 conformity with the type as described in the EC type-examination certificate and the requirements of the Directive that apply to them.U.K.

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.U.K.

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.U.K.

5.Statistical verificationU.K.

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.U.K.

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.U.K.

5.3.The statistical procedure shall use the following elements:U.K.

  • the statistical method to be applied,

  • the sampling plan with its operational characteristics.

[F3For the assessment of conformity with the exhaust emission requirements, the procedure defined in Annex XVII shall be applied.]

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.U.K.

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.U.K.

ANNEX XIU.K.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 or his authorized representative established within the Community shall affix the CE marking to the product and draw up a declaration of conformity (see Annex XV).U.K.

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.U.K.

The notified 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).U.K.

ANNEX XIIU.K.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 or his authorized representative established within the Community shall affix the CE marking to each product and draw up a written declaration of conformity (see Annex XV). The CE marking shall be accompanied by the distinguishing number of the notified body responsible for the surveillance as specified in point 4.U.K.

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.U.K.

3.Quality systemU.K.

3.1.The manufacturer shall lodge an application for assessment of his quality system with a notified body.U.K.

The application shall include:

  • all relevant information for the product cagetory 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.U.K.

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 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 will 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.

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).U.K.

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.U.K.

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 reassessment 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 bodyU.K.

4.1.The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.U.K.

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:U.K.

  • 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.U.K.

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.U.K.

5.The manufacturer shall, for a period ending at least 10 years after the last product has been manufactured, keep at the disposal of the national authorities:U.K.

  • 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.

6.Each notified body shall forward to the other notified bodies the relevant information concerning the quality system approvals issued and withdrawn.U.K.

[F1ANNEX XIII U.K. TECHNICAL DOCUMENTATION SUPPLIED BY THE MANUFACTURER

The technical documentation referred to in Annexes V, VII, VIII, IX, XI and XVI 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)

a general description of the type,

(b)

conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.,

(c)

descriptions and explanations necessary for the understanding of said drawings and schemes and the operation of the product,

(d)

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,

(e)

results of design calculations made, examinations carried out, etc.,

(f)

test reports, or calculations namely on stability according to section 3.2 of the Essential Requirements and on buoyancy according to section 3.3 thereof (Annex I.A),

(g)

exhaust emissions test reports demonstrating compliance with section 2 of the Essential Requirements (Annex I.B),

(h)

sound emissions test reports or reference boat data demonstrating compliance with section 1 of the Essential Requirements (Annex I.C).]

ANNEX XIVU.K.MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES FOR THE NOTIFICATION OF BODIES

[F11. The body, its director and the staff responsible for carrying out the verification tests shall not be the designer, manufacturer, supplier or installer of the products referred to in Article 1 which they inspect, nor the authorised representative of any of these parties. They shall not become either involved directly or as authorised 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. U.K.

1a. A notified body must be independent and must not be controlled by the manufacturers or by suppliers.] U.K.

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 judgment or the result of the inspection, especially from persons or groups of persons with an interest in the result of verifications.U.K.

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.U.K.

4.The staff responsible for inspection shall have:U.K.

  • 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.U.K.

6.The body shall take out liability insurance unless its liability is assumed by the State in accordance with national law, or the Member State itself is directly responsible for the tests.U.K.

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-à-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.U.K.

[F1ANNEX XV U.K. WRITTEN DECLARATION OF CONFORMITY

1. The written declaration of conformity to the provisions of the Directive must always accompany: U.K.

(a)

the recreational craft and the personal watercraft and must be included with the owner's manual (Annex I.A section 2.5),

(b)

the components, as referred to in Annex II,

(c)

propulsion engines and must be included with the owner's manual (Annex I.B.4).

2. The written declaration of conformity shall include the following (4) : U.K.

(a)

name and address of the manufacturer or his authorised representative established in the Community (5) ,

(b)

description of the product defined in point 1 (6) ,

(c)

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

(d)

where appropriate, the references of the other Community Directives applied,

(e)

where appropriate, reference to the EC type-examination certificate issued by a notified body,

(f)

where appropriate, the name and address of the notified body,

(g)

identification of the person empowered to sign on behalf of the manufacturer or his authorised representative established within the Community.

3. With regard to: U.K.

  • inboard engines and stern drive propulsion engines without integral exhaust,

  • engines type-approved according to Directive 97/68/EC which are in compliance with stage II provided for in section 4.2.3 of Annex I of the latter Directive and,

  • engines type-approved according to Directive 88/77/EEC,

the declaration of conformity shall include in addition to the information of point 2, a statement of the manufacturer that the engine will meet the exhaust emission requirements of this Directive, when installed in a recreational craft, in accordance with the manufacturer's supplied instructions and that this engine must not be put into service until the recreational craft into which it is to be installed has been declared in conformity, if so required, with the relevant provision of the Directive;]

[F3ANNEX XVI U.K. PRODUCT QUALITY ASSURANCE (MODULE E)

1. This module describes the procedure whereby 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 or his authorised representative established within the Community must affix the CE mark to each product and draw up a written declaration of conformity. The CE mark must be accompanied by the identification symbol of the notified body responsible for surveillance as specified in point 4. U.K.

2. The manufacturer must operate an approved quality system for final product inspection and testing as specified in point 3 and must be subject to surveillance as specified in point 4. U.K.

3. Quality system U.K.

3.1. The manufacturer must lodge an application for assessment of his quality system for the products concerned, with a notified body of his choice. U.K.

The application must include:

  • all relevant information for the product category envisaged,

  • the quality system's documentation,

  • if applicable, the technical documentation of the approved type and a copy of the EC type-examination certificate.

3.2. Under the quality system, each product must be 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 ensure its conformity with the relevant requirements of the directive. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation must ensure a common understanding of the quality programmes, plans, manuals and records. U.K.

It must contain in particular an adequate description of:

  • the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality,

  • the examinations and tests that will be carried out after manufacture,

  • the means to monitor the effective operation of the quality system,

  • quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.

3.3. The notified body must assess the quality system to determine whether it satisfies the requirements referred to in point 3.2. U.K.

It presumes conformity with these requirements in respect of quality systems that implement the relevant harmonised standard.

The auditing team must have at least one member experienced as an assessor in the product technology concerned. The assessment procedure must include an assessment visit to the manufacturer's premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

3.4. The manufacturer must undertake to fulfil the obligations arising from the quality system as approved and to maintain it in an appropriate and efficient manner. U.K.

The manufacturer or his authorised representative must keep the notified body which has approved the quality system informed of any intended updating of the quality system.

The notified body must evaluate the modifications proposed and decide whether the modified quality system will still satisfy the requirements referred to in point 3.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

4. Surveillance under the responsibility of the notified body U.K.

4.1. The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system. U.K.

4.2. The manufacturer must allow the notified body entrance for inspection purposes to the locations of inspection, testing and storage and shall provide it with all necessary information, in particular: U.K.

  • the quality system documentation,

  • the technical 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 must periodically carry out audits to ensure that the manufacturer maintains and applies the quality system and must provide an audit report to the manufacturer. U.K.

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 must provide the manufacturer with a visit report and, if a test has been carried out, with a test report. U.K.

5. The manufacturer must, for a period ending at least 10 years after the last product has been manufactured, keep at the disposal of the national authorities: U.K.

  • the documentation referred to in the third 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, points 4.3 and 4.4.

6. Each notified body must forward to the other notified bodies the relevant information concerning the quality system approvals issued and withdrawn. U.K.

ANNEX XVII U.K. CONFORMITY OF PRODUCTION ASSESSMENT FOR EXHAUST AND NOISE EMISSIONS

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

2. The arithmetical mean X of the results obtained from the sample shall be calculated for each regulated component of the exhaust and noise emission. The production of the series shall be deemed to conform to the requirements (pass decision) if the following condition is met: U.K.

  • X + K. S ≤ L

S is standard deviation, where:

X

=

the arithmetical mean of the results

x

=

the individual results of the sample

L

=

the appropriate limit value

n

=

the number of engines in the sample

k

=

statistical factor depending on n (see table)

n 2 3 4 5 6 7 8 9 10
k 0,973 0,613 0,489 0,421 0,376 0,342 0,317 0,296 0,279
n 11 12 13 14 15 16 17 18 19
k 0,265 0,253 0,242 0,233 0,224 0,216 0,210 0,203 0,198

If n ≥ 20 then k = 0,860/√n. ]

(1)

[F3EN ISO 8178-1: 1996.

(2)

EN ISO 14509.]

(3)

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.

(4)

[F1Must be drawn up in the language(s) as provided for under section 2.5 of Annex I.A.

(5)

Business name and full address; the authorised representative must also give the business name and address of the manufacturer.

(6)

Description of the product make, type, serial number, where appropriate.]

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