The Recreational Craft Regulations 2004

[F1 Conformity assessment U.K.

10.— (1) For the purposes of regulation 7(2)(b)(i), the appropriate conformity assessment procedure shall be determined—

(a) except in the case of post-construction assessment for recreational craft in the circumstances referred to in regulation 7(2)(b)(i)(cc), with regard to design and construction of products referred to in regulation 3(1)(a), in accordance with paragraph (2);

(b) except as aforesaid, with regard to exhaust emissions for products referred to in regulation 3(1)(b), in accordance with paragraph (3);

(c) except as aforesaid, with regard to noise emissions for products referred to in regulation 3(1)(c)(i) and (ii), in accordance with paragraph (4) and for products referred to in regulation 3(1)(c)(iii) and (iv), in accordance with paragraph (5); and

(d) in the case of post-construction assessment for recreational craft in the circumstances referred to in regulation 7(2)(b)(i)(cc), in accordance with paragraph (6).

(2) For boat design categories A,B,C and D as referred to in section 1 of Annex 1.A, which is set out in Schedule 1, the manufacturer of any product or his authorised representative established in the European Union shall apply the following procedures—

(a) for categories A and B—

(i) for boats from 2.5 metres to 12 metres hull length: the internal production control plus tests (module Aa) referred to in Annex VI, which is set out in Schedule 6, or the EC type-examination (module B) as described in Annex VII, which is set out in Schedule 7, supplemented by conformity to type (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G or H;

(ii) for boats from 12 metres to 24 metres hull length: the EC type-examination (module B) referred to in Annex VII, which is set out in Schedule 7, supplemented by type conformity (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G or H;

(b) for category C—

(i) for boats from 2.5 metres to 12 metres hull length—

(aa) where the harmonised standards relating to sections 3.2 and 3.3 of Annex I.A are complied with, the internal production control (module A), referred to in Annex V, which is set out in Schedule 5, or internal production control plus tests (module Aa) referred to in Annex VI, which is set out in Schedule 6, or the EC type-examination (module B) as described in Annex VII, which is set out in Schedule 7, supplemented by conformity to type (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G, or H,

(bb) where the harmonised standards relating to sections 3.2 and 3.3 of Annex I.A are not complied with, the internal production control plus tests (module Aa) referred to in Annex VI, which is set out in Schedule 6, or the EC type-examination (module B) as described in Annex VII, which is set out in Schedule 7, supplemented by conformity to type (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G, or H;

(ii) for boats from 12 metres to 24 metres hull length, the EC type-examination (module B) referred to in Annex VII, which is set out in Schedule 7, followed by conformity to type (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G or H;

(c) for category D, for boats from 2.5 metres to 24 metres hull length, the internal production control (module A) referred to in Annex V, which is set out in Schedule 5, or the internal production control plus tests (module Aa) referred to in Annex VI, which is set out in Schedule 6, or the EC type-examination (module B) as described in Annex VII, which is set out in Schedule 7, supplemented by conformity to type (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G or H;

(d) for personal watercraft, the internal production control (module A) referred to in Annex V, which is set out in Schedule 5, or the internal production control plus tests (module Aa) referred to in Annex VI, which is set out in Schedule 6, or the EC type-examination (module B) as described in Annex VII, which is set out in Schedule 7, followed by conformity to type (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G or H; and

(e) for components, any of the following modules: B+C, or B+D, or B+F, or G or H.

(3) The engine manufacturer or his authorised representative established in [F1 the European Union] shall apply the EC type-examination (module B) as described in Annex VII, which is set out in Schedule 7, followed by conformity to type (module C) referred to in Annex VIII, which is set out in Schedule 8, or any of the following modules: B+D, or B+E, or B+F, or G or H.

(4) The boat manufacturer or his authorised representative established in [F1 the European Union] shall apply:

(a) where tests are conducted using the harmonised standard M1 for noise measurement: either internal production control plus tests (module Aa) referred to in Annex VI, which is set out in Schedule 6, or unit verification (module G) referred to in Annex XI, which is set out in Schedule 11, or full quality assurance (module H) referred to in Annex XII, which is set out in Schedule 12;

(b) where the Froude number and power displacement ratio method is used for assessment: either the internal production control (module A) referred to in Annex V, which is set out in Schedule 5, or the internal production control plus tests (module Aa) referred to in Annex VI, which is set out in Schedule 6, or unit verification (module G) referred to in Annex XI, which is set out in Schedule 11, or full quality assurance (module H) referred to in Annex XII which is set out in Schedule 12; and

(c) where certified reference boat data, established in accordance with sub-paragraph (a), is used for assessment: either internal production control (module A) referred to in Annex V, which is set out in Schedule 5, or internal production control plus supplementary requirements (module Aa) referred to in Annex VI, which is set out in Schedule 6, or unit verification (module G) referred to in Annex XI, which is set out in Schedule 11, or full quality assurance (module H) referred to in Annex XII, which is set out in Schedule 12.

(5) The personal watercraft/engine manufacturer or his authorised representative established in [F1 the European Union] shall apply: internal production control plus supplementary requirements referred to in Annex VI (module Aa), which is set out in Schedule 6, or module G or H.

(6) The person who places the product on the market must—

(a) lodge an application for a post-construction report with a notified body; and

(b) provide the notified body with any available document and technical file referring to the first placing on the market of the product in the country of origin.

The notified body shall examine the individual product and carry out calculations and other assessment to ensure its equivalent conformity with the relevant requirements of the Directive. In this case, the Builder’s plate described in Annex I, 2.2, which is set out in Schedule 1, shall include the words “(Post-construction certificate)”. The notified body shall draw up a report of conformity concerning the assessment carried out and shall inform the person who places the product on the market of his obligations. That person shall draw up a declaration of conformity in accordance with Annex XV (which is set out in Schedule 14).

(7) For the purposes of this regulation—

(a) a reference to module B, C, D, E, F, G or H is a reference to the module which respectively comprises the conformity assessment procedure in Annex VII, VIII, IX, XVI, X, XI and XII and which is respectively set out in Schedule 7, 8, 9, 15, 10, 11 and 12;

(b) the technical documentation, which is required as part of the conformity assessment procedures in Annexes V, VII, VIII, IX and XI, which are respectively set out in Schedules 5, 7, 8, 9 and 11, is specified in Annex XIII, which is set out in Schedule 13; and

(c) the contents of the written declaration of conformity, which is required as part of the conformity assessment procedures in Annexes V, VIII, IX, X, [F2 XI, XII, and XVI] which are respectively set out in Schedules 5, 8, 9, 10, [F2 11, 12 and 15], are specified in Annex XV, which is set out in Schedule 14.]

Textual Amendments

F1 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6, 8-10

F2 Words in reg. 10(7)(c) substituted (1.1.2005) by The Recreational Craft (Amendment) Regulations 2004 (S.I. 2004/3201), regs. 1, 2(b)

Marginal Citations

M1 EN ISO 14509.