The Product Safety and Metrology etc. (Amendment) Regulations 2024

Amendment to the Recreational Craft Regulations 2017

19.—(1) The Recreational Craft Regulations 2017(1) are amended as follows.

(2) In regulation 2(1), in the definition of the “Directive” omit “(as it had effect immediately before IP completion day)”.

(3) In regulation 40A(8) for “14” substitute “20 or 22”.

(4) For regulation 40C substitute—

“Further use of UK marking

40C.— (1) In this regulation—

(a) unless otherwise specified, any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

(b) “harmonised standard” has the meaning given in Article 3(20).

(2) For the purposes of this regulation, references to requirements set out in Article 4(1) and Annex I are to be read as if they include a requirement that the owner’s manual referred to in point 2.5 of Part A of Annex I and point 4 of Part B of that Annex must be in English.

(3) Where a product meets the requirements set out in Article 4(1) and Annex I—

(a) the requirements of regulation 6(a) and (b) are to be treated as being satisfied;

(b) regulation 2(2)(a) applies subject to the modification in paragraph (8).

(4) Subject to paragraphs (6) and (7), paragraph (5) applies where, before placing a product on the market, a manufacturer—

(a) ensures that the product has been designed and manufactured in accordance with the essential requirements set out in Article 4(1) and Annex I;

(b) draws up the technical documentation in accordance with Article 25;

(c) carries out the conformity assessment procedure applicable to the product in accordance with Articles 19 to 22 and 24 or has it carried out; and

(d) ensures that the technical documentation and any other records or correspondence relating to the conformity assessment procedure are prepared in or translated into English.

(5) Where this paragraph applies—

(a) regulations 8 and 9 are to be treated as being satisfied;

(b) except for regulations 53 and 54(1) to (3), Part 3 does not apply;

(c) regulations 2(2)(a), 11, 12, 18, 20, 23, 25, 29, 30, 39, 40 and 71 apply subject to the modifications in paragraph (8);

(d) regulations 10, 19, 53, 54 and Schedule 4 apply subject to the modifications in paragraphs (8) and (9).

(6) This paragraph applies where there is no designated standard or part of a designated standard that corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Articles 20 to 22.

(7) Where paragraph (6) applies, paragraph (4)(c) is to be read as requiring the manufacturer to carry out or have carried out—

(a) in respect of products referred to in Article 20(1)(b)(i), one of the conformity assessment procedures (or combination of procedures) referred to in the second indent of Article 20(1)(b)(i);

(b) in respect of exhaust emissions for products referred to in points (d) and (e) of Article 2(1), one of the conformity assessment procedures (or combination of procedures) referred to in Article 21(b);

(c) in respect of noise emissions for products referred to in Article 22(1)—

(i) the conformity assessment procedure referred to in Article 22(1)(b); or

(ii) where applicable in accordance with Article 22(1)(c), one of the conformity assessment procedures referred to in Article 22(1)(c);

(d) in respect of noise emissions for products referred to in Article 22(2), the conformity assessment procedure referred to in Article 22(2)(b).

(8) The modifications referred to in paragraphs (3)(b) and (5)(c) and (d) are that—

(a) any reference to “essential requirements” is to be read as a reference to the essential requirements set out in Article 4(1) and Annex I (as modified by paragraph (2));

(b) any reference to “designated standard” is to be read as a reference to a “harmonised standard”;

(c) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Article 25.

(9) The modifications referred to in paragraph (5)(d) are that—

(a) in regulation 10(5) the references to “enactment” are to be read as including the Directive;

(b) in regulation 19(2)(b) the reference to “Schedule 1” is to be read as a reference to Annex I (as modified by paragraph (2)) (and the reference to regulation 19(2) in regulation 28 is to be construed accordingly);

(c) in regulation 53 the reference to regulations 44 to 47 is to be read as a reference to Articles 20 to 22;

(d) in regulation 54 the reference to Schedule 15 is to be read as a reference to Annex II to Decision No 768/2008/EC(2);

(e) in Schedule 4—

(i) the reference to “approved body” is to be read as a reference to the conformity assessment body that undertook the relevant conformity assessment procedure in accordance with Articles 19 to 22 and 24;

(ii) the reference to “relevant statutory requirements” is to be read as including a reference to the Directive.

(10) Paragraph (11) applies where before putting a product into service, the private importer ensures that—

(a) the product has been designed and manufactured in accordance with the essential requirements set out in Article 4(1) and Annex I;

(b) either—

(i) the conformity assessment procedures applicable to the product in accordance with Articles 19 to 22 and 24 have been carried out; or

(ii) the procedure set out in Article 23 has been carried out in relation to the product;

(c) the technical documentation is drawn up in accordance with Article 25; and

(d) the name and address of the conformity assessment body that carried out the relevant conformity assessment procedures in accordance with Articles 19 to 22 and 24 is marked on the product.

(11) Where this paragraph applies—

(a) regulation 36(1)(a) and (4) is treated as being satisfied;

(b) regulation 43(1) is either—

(i) disapplied, where the private importer has ensured compliance with paragraph (10)(b)(i); or

(ii) treated as being satisfied, where the private importer has ensured compliance with paragraph (10)(b)(ii);

(c) except for regulations 53 and 54(1) to (3), Part 3 does not apply.

(12) Where, before placing a product referred to in regulation 43(2)(a) or (b) or (3) on the market or putting such product into service, a person applies the procedure referred to in Article 23 to the product, the requirements of regulation 43(2) and (3) are treated as being satisfied.”.

(5) In regulation 89A, omit paragraphs (4) to (8).

(1)

S.I. 2017/737; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018; they were amended in respect of England and Wales and Scotland by S.I. 2019/696, S.I. 2021/1273 and S.I. 2022/1393; there are other amending instruments but none is relevant.

(2)

OJ L 2018, 13.8.2008, p. 82-128.