Recreational Craft Regulations, 2003

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,477, 26 ta’ Settembru, 2003

L.N. 254 of 2003

PRODUCT SAFETY ACT

(ACT NO. V OF 2001)

Recreational Craft Regulations, 2003

IN exercise of the powers conferred by articles 38 to 40 of the

Product Safety Act, 2001, the Minister of Finance and Economic Affairs,

on the advice of the Malta Standards Authority, has made the following

regulations:-

1. The title of these regulations is the Recreational Craft Citation and

commencement.

Regulations, 2003.

1.2. These regulations shall come into force on the date of

publication in the Gazette.

1.2.1. Provided that the requirement to provide information to the

Commission referred to in regulation 7.4 of these regulations shall come

into force on the 1 st May 2004 or on such earlier date as the Minister

responsible for consumer affairs, after consultation with the Malta

Standards Authority, may prescribe.

1. These regulations shall apply to recreational craft, partly Scope.

completed boats and components referred to in Annex II of the Directive,

set out in Schedule II to these regulations, when separate and when

installed;

2.2. The following are excluded from the scope of these

regulations:-

(a) craft intended solely for racing, including rowing racing

boats and training rowing boats labelled as such by the

manufacturer;

(b) canoes and kayaks, gondolas and pedalos;

(c) sailing surfboards;

(d) powered surfboards, personal watercraft and other

similar powered craft;

(e) original, and individual replicas of, historical craft

designed before 1950, built predominantly with the original

materials and labelled as such by the manufacturer;

(f) experimental craft, provided that they are not

subsequently placed on the market;

(g) craft built for own use, provided that they are not

subsequently placed on the market during a period of five years;

(h) craft specifically intended to be crewed and to carry

passengers for commercial purposes, without prejudice to

regulation 3.1.1, in particular those defined in Council Directive

82/714/EEC of the 4 th October, 1982 laying down technical

requirements for inland waterway vessels 1 , regardless of the number

of passengers;

(i) submersibles;

(j)

air cushion vehicles;

(k) hydrofoils.

1. For the purposes of these regulations, the following

definitions shall apply

3.1.1. “authorized representative” means any person (or

organisation) established in the Community or Malta who has been

appointed by the manufacturer to act on his behalf in carrying out

certain tasks required by these regulations;

3.1.2. “CE marking” means the CE conformity marking

consisting of the symbol ‘CE’ as set out in Annex IV of the

Directive, which is set out in Schedule IV to these regulations;

3.1.3. “Commission” means the European Commission;

3.1.4. “Community” means the European Community;

3.1.5. “essential safety, health, environment protection and

consumer protection requirements” means the requirements in

Annex I of the Directive, which is set out in Schedule I to these

regulations;

3.1.6. “Harmonised Standard” means a technical

specification adopted by the European Committee for

Standardisation (CEN) or the European Committee for

Electrotechnical Standardisation (CENELEC) or the European

Telecommunications Standards Institute (ETSI), upon a remit from

the European Commission in accordance with Directive 98/34/

EC 2 of the European Parliament and of the Council laying down a

OJ No. L301, 28-10-82, P.1.

OJ No. L204, 21-07-98, P.37.

procedure for the provision of information in the field of technical

standards and regulations as amended by Directive 98/48/EC 3 of

the European Parliament and of the Council, the reference of which

has been published in the OJEU;

3.1.7. “importer” means any person who places on the

Community or Maltese market and puts into service the product

that is covered by these regulations and imported from a third

country;

3.1.8. “Manufacturer” means the person

3.1.8.1. who is primarily responsible for the design and

construction of the product covered by these regulations with

a view to placing it on the Community or Maltese market on

his/their behalf;

3.1.8.2. who is responsible for “re-building” or

modifying an existing boat or product falling under these

regaulations, and who in so doing is creating an “as-new”

product, with a view to placing it on the Community or

Maltese market on his/their behalf;

3.1.8.3. who takes responsibility for the appraisal of the

design, construction and any necessary modification of used

imported products from third countries;

3.1.9. “National Standard transposing the Harmonised

Standard” means a Standard issued by one of the members of CEN/

CENELEC/ETSI which is declared and noted to be identical to

the Harmonised Standard originally issued by CEN/CENELEC/

ETSI, the reference of which has been published in the OJEU;

3.1.10. “notified body” means a body which has been

appointed by a Member State and notified to the Commission and

the other Member States, pursuant to Article 9 of the Directive, to

carry out one or more of the conformity assessment procedures

mentioned and referred to in regulation 6 of these regulations;

3.1.10.1. Maltese notified bodies wishing to operate

within the scope of these regulations shall follow the procedure

listed in L.N. 136 of 2003: Method for Designating Conformity

Assessment Bodies Regulations, 2003 4 ;

OJ No. L217, 05-08-98, P.18.

Published in the Government Gazette No: 14,433 of 24 th June 2003, by virtue of the Product Safety Act Cap. 427.

3.1.11. “OJEU” means the Official Journal of the European

Union;

3.1.12. “placing on the market” means the initial action of

making available a product for the first time on the Community or

Maltese market, with a view to distribution or use on the

Community or Malta;

3.1.12.1. “making available” means the transfer of the

product, irrespective of the legal act on which the transfer is

based (sale, loan, hire, lease, gift or any other type of legal

instrument);

3.1.13. “putting into service” means the first use of a product

covered by these regulations in the Community or Maltese territory

by its end user;

3.1.14. “recreational craft” shall mean any boat of any type,

regardless of the means of propulsion, from 2.5 to 24 m hull length,

measured according to the appropriate harmonised standards

intended for sports and leisure purposes;

3.1.14.1. The fact that the same boat could be used for

charter or for recreational boating training shall not prevent

it being covered by these regulations when it is placed on the

market for recreational purposes;

3.1.15. “the Directive” means Council Directive 94/25/EC 5

on the approximation of the laws, regulations and administrative

provisions of the Member States relating to recreational craft.

1. The provisions of these regulations are applicable to all

imported products falling under these regulations as well as to those

manufactured for the local market.

4.1.1. No person may construct, import, place on the market

or put into service any product which does not comply with the

provisions of these regulations.

1. All necessary measures shall be taken to ensure that the

products referred to in regulation 2.1 of these regulations may be placed

on the market and put into service for use in accordance with their

intended purpose only if they do not endanger the safety and health of

persons, property or the environment when correctly constructed and

maintained.

5.1.1. The provisions of these regulations shall not prevent

competent authorities from adopting, in compliance with the Treaty,

provisions concerning navigation on certain waters for the purpose

of protection of the environment, the fabric of waterways, and

ensuring safety of waterways, providing that this does not require

modification to craft conforming to these regulations.

5.2. The products referred to in regulations 2.1 of these

regulations shall meet the essential safety, health, environmental

protection and consumer protection requirements set out in Annex I of

the Directive, which are set out in Schedule I hereto.

5.3. The placing on the market and putting into service in Maltese

territory of the products referred to in regulation 2.1 of these regulations

bearing the CE marking referred to in Annex IV of the Directive, as set

out in Schedule IV hereto, which indicates their conformity with all

provisions of these regulations, including the conformity procedures

set out in Chapter II of the Directive and regulation 6 of these regulations,

shall not be prohibited, restricted or impeded.

5.4. The placing on the market of partly-completed boats, where

the builder or his authorized representative or the person responsible

for the placing on the market declares, in accordance with Annex III (a)

of the Directive, as set out in Schedule III (a) hereto, that they are

intended to be completed by others, shall not be prohibited, restricted

or impeded.

5.5. The placing on the market and putting into service of

components referred to in Annex II of the Directive, as set out in

Schedule II hereto, and bearing the CE marking referred to in Annex IV

of the Directive, as set out in Schedule IV hereto, which indicates their

conformity with the relevant essential requirements where these

components are intended to be incorporated into recreational craft, in

accordance with the declaration, referred to in Annex III (b) of the

Directive, as set out in Schedule III(b) hereto, of the manufacturer, his

authorized representative or, in the case of imports from third country,

of any person who places those components on the Community or

Maltese market, shall not be prohibited, restricted or impeded.

5.6. At trade fairs, exhibitions, demonstrations, no obstacles shall

be created to the showing of the products referred to in regulation 2.1

of these regulations which do not comply with these regulations,

provided that a visible sign clearly indicates that such products may not

be marketed or put into service until they have been made to comply.

5.7. Compliance with the essential requirements, referred to in

regulation 5.2 of these regulations, of products referred to in regulation

2.1 of these regulations shall be presumed if they meet the relevant

national standards adopted pursuant to the harmonized standards the

references of which have been published in the OJEU.

1. Before producing and placing on the market products

referred to in regulation 2.1 of these regulations, the manufacturer or

his authorized representative shall apply the following procedures for

boat design categories A, B, C and D as referred to in Section 1 of

Annex I of the Directive, set out in Schedule I hereto:-

6.1.1. for categories A and B —

(a) for boats of less than 12 metres hull length, the

internal production control plus tests (module Aa) referred to

in Annex VI of the Directive, set out in Schedule VI to these

regulations;

(b) for boats from 12 metres to 24 metres hull length,

the EC type-examination (module B) referred to in Annex

VII of the Directive, set out in Schedule VII to these

regulations, supplemented by type conformity (module C)

referred to in Annex VIII of the Directive, set out in Schedule

VIII to these regulations, or any of the following modules: B

plus D, or B plus F, or G or H;

6.1.2. for category C —

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

(i) where the harmonised standards relating to sections

3.2 and 3.3 of Annex I of the Directive, set out in Schedule I

to these regulations are complied with, the internal production

control (module A), referred to in Annex V of the Directive,

set out in Schedule V to these regulations,

(ii) where the harmonised standards relating to sections

3.2 and 3.3 of Annex I of the Directive, set out in Schedule I

to these regulations are not complied with, the internal

production control plus tests (module Aa) referred to in Annex

VI of the Directive, set out in Schedule VI to these regulations;

(b) for boats from 12 metres to 24 metres hull length, the EC

type-examination (module B) referred to in Annex VII of the

Directive, set out in Schedule VII to these regulations, followed

by type conformity (module C) referred to in Annex VIII of the

Directive, set out in Schedule VIII to these regulations, or any of

the following modules: B plus D, or B plus F, or G or H;

6.1.3. 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 of the Directive, set out in Schedule V to these regulations;

and

6.1.4. for components referred to in Annex II of the

Directive, set out in Schedule II hereto, any of the following

modules: B plus C, or B plus D, or B plus F, or G or H.

1. Where it is ascertained that recreational craft or components Withdrawal and

referred to in Annex II of the Directive, set out in Schedule II to these prohibition

market.

regulations and bearing the CE marking referred to in Annex IV of the

Directive, set out in Schedule IV to these regulations when correctly

constructed, installed, maintained and used in accordance with their

intended purpose may endanger the safety and health of persons, property

or the environment, the Director of Consumer Affairs shall take all

appropriate interim measures to withdraw them from the market or

prohibit or restrict their being placed on the market or put into service.

7.1.1. The Consumer and Industrial Goods Directorate 6 of

the Malta Standards Authority shall be immediately informed of

any such measures taken under regulation 7.1 and 7.2 of these

regulations, indicating the reasons for such decision and, in

particular, whether non-conformity is the result of

(a) failure to comply with the essential requirements

referred to in regulation 5.2 of these regulations;

(b) incorrect application of the standards referred to in

regulation 5.7 of these regulations, in so far as it is claimed

that those standards have been applied;

(c) shortcomings in the standards referred to in regulation

5.7 of these regulations themselves.

7.2. Where a non-complying component referred to in Annex II

of the Directive, set out in Schedule II to these regulations, or craft

bears the CE marking, the Director of Consumer Affairs shall take

appropriate action against whom so ever has affixed the marking or

drawn up the declaration and shall so inform the Consumer and Industrial

Goods Directorate of the Malta Standards Authority.

L.N. 213 of 2000 – Malta Standards Authority (Establishment of Directorates) Order, 2000, published in the Government

Gazette No. 17,002 of 20 th October, 2000

7.3. Any decision taken pursuant to these regulations which

restricts the placing on the market and putting into service of products

shall state the exact grounds on which it is based.

7.3.1. Such a decision shall be notified as soon as possible

to the party concerned, who shall at the same time be informed of

the legal remedies available to him under the laws in force in Malta

and of the time limits to which such remedies are subject.

7.4. The Consumer and Industrial Goods Directorate of the Malta

Standards Authority shall immediately inform the Commission of any

measures taken in pursuance of regulations 7.1, 7.1.1, 7.2, 7.3 and 7.3.1

of these regulations.

1.

The CE conformity marking shall consist of the initials ‘CE’.

8.1.1. The form of the marking to be used is shown in Annex

IV of the Directive, set out in Schedule IV to these regulations.

8.2. Recreational craft and components referred to in Annex II

of the Directive, set out in Schedule II hereto, which are regarded as

meeting the essential requirements referred to in regulation 5.2 of these

regulations must bear the CE marking of conformity when they are

placed on the market.

8.3. The affixing of markings on the appliances which are likely

to deceive third parties as to the meanign and form of the CE marking

shall be prohibited. Any other marking may be affixed to the appliance

or to the data plate provided that the visivility and legivility of the CE

marking is not hereby reduced.

8.3.1. The CE markign shall be accompanied by the identification

number of the notified body responsible for implementation of the

procedures set out in Annexes VI, IX, X, XI and XII of the Directive,

set out in Schedules VI, IX, X, XI and XII hereto.

8.4. Subject to regulation 8.5 below, where any recreational craft

or component is subject to any other directive or directives, as the case

may be, in addition to the Directive which also provides for the affixing

of the CE marking, the CE marking shall indicate that the recreational

craft or component, as the case may be, also fulfils the provisions of

that other directive or those directives.

8.5. Where one or more of the other directives referred to in

regulation 8.4 allow the manufacturer, during a transitional period, to

choose which arrangements to apply, the CE marking shall indicate

that the recreational craft or component in question fulfils the provisions

only of the directive or directives applied by the manufacturer; and, in

this case, particulars of the directives applied, as published in the OJEU,

must be given in the documents, notices or instructions required by

those directives and accompanying the recreational craft or component

in question.

8.6 The affixing of markings or inscriptions on the craft which

are likely to mislead third parties with regard to the meaning or the

form of the CE marking shall be prohibited. Any other markings may

be affixed to the recreatonal craft and components as referred to in Annex

II of the Directive, set out in Schedule II hereto and, or on their

packaging, provided that the visibility and legibility of the CE marking

is not thereby reduced.

8.7

Without prejudice to regulation 7 of these regulations

(a) where it is established that the CE marking has been affixed

wrongly, the manufacturer or his authorized representative shall

be obliged to end the infringement under conditions laid down by

the Director of Consumer Affairs;

(b) where non-compliance continues, the Director of

Consumer Affairs shall take all appropriate measures to restrict or

prohibit the placing on the market of the product in question or to

ensure that it is withdrawn from the market, in accordance with

the procedure laid down in regulation 7 of these regulations.

1.

The Recreational Craft Regulations, 2001 are hereby being Revokes L.N. 231

of 2001.

revoked.

B

Schedule I

Based on Annex I of the Directive

ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR THE DESIGN

AND CONSTRUCTION OF RECREATIONAL CRAFT

1. BOAT DESIGN CATEGORIES

Design 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, 0.5

Definitions

A. OCEAN: Designed for extended voyages where conditions may exceed wind

force 8 (Beaufort scale) and significant wave heights of 4 m and above, 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. SHELTERED WATERS: Designed for voyages on small lakes, rivers, and canals

where conditions up to, and including, wind force 4 and significant wave heights up to,

and including, 0.5 m may be experienced.

Boats 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 of the Directive, set out in Schedule I to these regulations, and to have good

handling characteristics.

2. GENERAL REQUIREMENTS

Recreational craft and components as referred to in Annex II of the Directive, set

out in Schedule II to these regulations, shall comply with the essential requirements in

so far as they apply to them.

2.1. Hull identification

Each craft shall be marked with a hull 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 plate

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 of the Directive, set out in Schedule IV to these

regulations),

- boat design category according to section 1,

- manufacturer’s maximum recommended load according to section 3.6 of this

Schedule,

- 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 reboarding

Depending on the design category, craft shall be designed to minimize the risks

of falling overboard and to facilitate reboarding.

B

2.4. Visibility from the main steering position

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 manual

Each craft shall be provided with an owner’s manual drawn up in Maltese or in

any other language of the Community acceptable to the Maltese authorities. 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 of this Schedule as well as the unladen

weight of the craft in kilograms.

3. INTEGRITY AND STRUCTURAL REQUIREMENTS

3.1. Structure

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 of this Schedule, and the manufacturer’s maximum

recommended load in accordance with section 3.6 of this Schedule.

3.2. Stability and freeboard

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 of this Schedule.

3.3. Buoyancy and flotation

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 superstructure

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 of this Schedule, shall be fitted with shutoff means which

shall be readily accessible.

3.5. Flooding

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 load

The manufacturer’s maximum recommended load (fuel, water, provisions,

miscellaneous equipment and people (in kilograms)) for which the boat was designed,

as marked on the builder’s plate, shall be determined according to the design category

(section 1of this Schedule), stability and freeboard (section 3.2 of this Schedule) and

buoyancy and flotation (section 3.3 of this Schedule).

3.7. Liferaft stowage

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. Escape

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 towing

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 CHARACTERISTICS

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 REQUIREMENTS

5.1. Engines and engine spaces

5.1.1. Inboard engine

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. Ventilation

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 parts

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 starting

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.

5.2. Fuel system

5.2.1. General

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.

5.2.2. Fuel tanks

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.

Liquid fuel with a flash point below 55 0 C 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.

Liquid fuel with a flash point equal to or above 55 0 C may be kept in tanks that are

integral with the hull.

5.3. Electrical system

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 system

5.4.1. General

Steering systems shall be designed, constructed and installed in order to allow the

transmission of steering loads under foreseeable operating conditions.

B

5.4.2. Emergency arrangements

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 system

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 protection

5.6.1. General

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.

5.6.2. Fire-fighting equipment

Craft shall be supplied with fire-fighting equipment appropriate to the fire hazard.

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 lights

Where navigation lights are fitted, they shall comply with the 1972 Colreg or

CEVNI regulations, as appropriate.

5.8. Discharge prevention

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 on a temporary basis in areas of use where the

discharge of human waste is restricted.

In addition, any through-the-hull pipes for human waste shall be fitted with valves

which are capable of being sealed shut.

Schedule II

Based on Annex II of the Directive

COMPONENTS

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

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

3. Steering wheels, steering mechanisms and cable assemblies.

4. Fuel tanks and fuel hoses.

5. Prefabricated hatches and portlights.

Schedule III

Based on Annex III of the Directive

DECLARATION BY THE BUILDER OR HIS AUTHORIZED

REPRESENTATIVE OR THE PERSON RESPONSIBLE FOR PLACING ON

THE MARKET

(Regulation 5.4 and 5.5 of these regulations and Article 4 (2) and (3) of the

Directive)

(a) The declaration by the builder or his authorized representative referred to in

regulation 5.4 of these regulations and Article 4 (2) of the Directive (partly completed

craft) shall contain the following

- the name and address of the builder,

- the name and address of the representative of the builder 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 or the person

responsible for placing on the market referred to in regulation 5.5 of these regulations

and Article 4 (3) of the Directive (components) shall contain the following

- the name and address of the builder,

- the name and address of the representative of the builder 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.

Schedule IV

Based on Annex IV of the Directive

CE CONFORMITY MARKING

The CE conformity marking shall consist of the initials ‘CE’ taking the following

For the avoidance of doubt, it is hereby declared that the grid providing the

background in the above graduated drawing is not part of the CE marking.

if the CE marking is reduced or enlarged the proportions given in the above

drawing must be respected,

the various components of the CE marking must have substantially the

same vertical dimension, which may not be less than 5 mm,

the CE marking is followed by the identification number of the notified

body if it intervenes in the control of production.

Schedule V

Based on Annex V of the Directive

INTERNAL PRODUCTION CONTROL

(module A)

1. The manufacturer or his authorized representative, who carries out the

obligations laid down in point 2 of this Schedule, ensures and declares that the products

concerned satisfy the requirements of the regulations that apply to them. The

manufacturer or his authorized representative shall affix the CE marking to each product

and draw up a written declaration of conformity (see Annex XV of the Directive, set

out in Schedule XV to these regulations).

2. The manufacturer shall establish the technical documentation described in

point 3 and he or his authorized representative 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.

Where neither the manufacturer nor his authorized representative is established

within the Community or Malta, the obligation to keep the technical documentation

available shall be the responsibility of the person who places the product on the market.

3. Technical documentation shall enable the conformity of the products with

the requirements of the regulations to be assessed. It shall, as far as relevant for such

assessment, cover the design, manufacture and operation of the product (see Annex

XIII of the Directive, set out in Schedule XIII to these regulations).

4. The manufacturer or his authorized representative shall keep a copy of the

declaration of conformity with the technical documentation.

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 of this Schedule and with the requirements

of the regulations that apply to them.

Schedule VI

Based on Annex VI of the Directive

INTERNAL PRODUCTION CONTROL PLUS TESTS

(module Aa, option 1)

This module consists of module A, as referred to in Annex V of the Directive, set

out in Schedule V to these regulations, plus the following supplementary requirements

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

- test of stability according to point 3.2 of the Essential Requirements (Schedule

I to these regulations),

- test of buoyancy characteristics according to point 3.3 of the Essential

Requirements (Schedule I to these regulations)

Provisions common to both variations

These tests or calculations or control shall be carried out on the responsibility of

a notified body chosen by the manufacturer. On the responsibility of the notified body,

the manufacturer shall affix the former’s distinguishing number during the

manufacturing process.

Schedule VII

Based on Annex VII of the Directive

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 regulations that apply to it.

2. The application for the EC type-examination shall be lodged by the

manufacturer or his authorized representative with a notified body of his choice.

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 of this Schedule.

The applicant shall place at the disposal of the notified body a specimen,

representative of the production envisaged and hereinafter called ‘type’ 7 .

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 regulations to be assessed. It shall, as far as relevant for such

assessment, cover the design, manufacture and functioning of the product (see Annex

XIII of the Directive, set out in Schedule XIII to these regulations).

4. The notified body shall

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 regulation 5.7 of these regulations and Article 5 of the Directive, as well

as the components which have been designed without applying the relevant provisions

of those standards;

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.

B

4.2. perform or have performed the appropriate examinations and necessary

tests to check whether, where the standards referred to in regulation 5.7 of these

regulations and Article 5 of the Directive have not been applied, the solutions adopted

by the manufacturer meet the Essential Requirements of the Directive (Schedule I to

these regulations);

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;

4.4. agree with the applicant the location where the examinations and necessary

tests shall be carried out.

5. Where the type meets the provisions of the regulations, 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.

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.

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.

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.

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.

Where neither the manufacturer nor his authorized representative is established

the Community or Malta, the obligation to keep the technical documentation available

shall be the responsibility of the person who places the product on the Community or

Maltese market.

Schedule VIII

Based on Annex VIII of the Directive

CONFORMITY TO TYPE

(module C)

1. The manufacturer or his authorized representative 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 regulations that apply to them. The manufacturer

shall affix the CE marking to each product and draw up a written

declaration of conformity (see Annex XV of the Directive, set out in

Schedule XV to these regulations).

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 regulations that apply to

them.

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.

Where neither the manufacturer nor his authorized representative

is established within the Community or Malta, the obligation to keep

the technical documentation available shall be the responsibility of the

person who places the product on the Community or Maltese market

(see Annex XIII of the Directive, set out in Schedule XIII to these

regulations).

B

Schedule IX

Based on Annex IX of the Directive

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 regulations that apply

to them.

The manufacturer or his authorized representative shall affix the CE marking to

each product and draw up a written declaration of conformity (see Annex XV of the

Directive, set out in Schedule XV to these regulations). The CE marking shall be

accompanied by the distinguishing number of the notified body responsible for the

monitoring as specified in point 4 of this Schedule.

2. The manufacturer shall operate an approved quality system for production,

final product inspection and testing as specified in point 3 of this Schedule and shall be

subject to monitoring as specified in point 4 of this Schedule.

3. Quality system

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.

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 of the Directive, set out in Schedule XIII to these regulations) 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

regulations that apply to them.

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 of this Schedule. It shall presume

conformity with these requirements in respect of quality systems that implement the

relevant harmonized standard.

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.

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 point 3.2 of

this Schedule 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 body

4.1. The purpose of surveillance is to make sure that the manufacturer duly

fulfils the obligations arising out of the approved quality system.

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

- 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.

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.

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

-the documentation referred to in the second indent of the second subparagraph

of point 3.1 of this Schedule,

- the updating referred to in the second subparagraph of point 3.4 of this Schedule,

- 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 all of this Schedule.

6. Each notified body shall give the other notified bodies the relevant information

concerning the quality system approvals issued and withdrawn.

Schedule X

Based on Annex X of the Directive

PRODUCT VERIFICATION

(module F)

1. This module describes the procedure whereby a manufacturer or his authorized

representative checks and attests that the products subject to the provisions of

point 3 of this Schedule are in conformity with the type as described in the EC type-

examination certificate and satisfy the requirements of the regulations that apply to

them.

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 regulations

that apply to them. The manufacturer or his authorized representative shall affix the

CE marking to each product and shall draw up a declaration of conformity (see Annex

XV of the Directive, set out in Schedule XV to these regulations).

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 regulations

either by examination and testing of every product as specified in point 4 of this Schedule

or by examination and testing of products on a statistical basis, as specified in point 5

of this Schedule, at the choice of the manufacturer.

3.1. 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.

4. Verification by examination and testing of every product

4.1. All products shall be individually examined and appropriate tests as set out

in the relevant standard(s) referred to in regulation 5.7 of these regulations and Article

5 of the Directive 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 regulations that apply to them.

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.

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.

B

5. Statistical verification

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.

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 regulation 5.7 of these regulations and Article 5 of the Directive, or equivalent

tests, shall be carried out to ensure their conformity with the requirements of the

regulations which apply to them and to determine whether the lot is accepted or rejected.

5.3.

The statistical procedure shall use the following elements

- the statistical method to be applied,

- the sampling plan with its operational characteristics.

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.

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.

Schedule XI

Based on Annex XI of the Directive

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 of this Schedule, conforms to the requirements of the regulations that

apply to it. The manufacturer or his authorized representative shall affix the CE marking

to the product and draw up a declaration of conformity (see Annex XV of the Directive,

set out in Schedule XV to these regulations).

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 regulation 5.7 of

these regulations and Article 5 of the Directive, or equivalent tests, to ensure its

conformity with the relevant requirements of the regulations.

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 regulations to be assessed and the design, manufacture and

operation of the product to be understood (see Annex XIII of the Directive, set out in

Schedule XIII to these regulations).

B

Schedule XII

Based on Annex XII of the Directive

FULL QUALITY ASSURANCE

(module H)

1. This module describes the procedure whereby the manufacturer who satisfies

the obligations of point 2 of this Schedule ensures and declares that the products

concerned satisfy the requirements of the regulations that apply to them. The

manufacturer or his authorized representative shall affix the CE marking to each product

and draw up a written declaration of conformity (see Annex XV of the Directive, set

out in Schedule XV to these regulations). The CE marking shall be accompanied by

the distinguishing number of the notified body responsible for the surveillance as

specified in point 4 of this Schedule.

2. The manufacturer shall operate an approved quality system for design,

manufacture and final product inspection and testing as specified in point 3 of this

Schedule and shall be subject to surveillance as specified in point 4 of this Schedule.

3. Quality system

3.1. The manufacturer shall lodge an application for assessment of his quality

system with a notified body.

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 regulations that apply to them.

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 regulation 5.7 of these regulations and Article 5

of the Directive will not be applied in full, the means that will be used to ensure that

the essential requirements of the regulations 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 of this Schedule. It shall presume

compliance with these requirements in respect of quality systems that implement the

relevant harmonized standard (MSA EN ISO 9000).

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.

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 point 3.2 of

this Schedule 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 body

4.1. The purpose of surveillance is to make sure that the manufacturer duly

fulfils the obligations arising out of the approved quality system.

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

- 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.

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.

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

- the documentation referred to in the second indent of the second subparagraph

of point 3.1 of this Schedule,

- the updating referred to in the second subparagraph of point 3.4 of this Schedule,

- 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 of this Schedule.

6. Each notified body shall forward to the other notified bodies the relevant

information concerning the quality system approvals issued and withdrawn.

Schedule XIII

Based on Annex XIII of the Directive

TECHNICAL DOCUMENTATION SUPPLIED BY THE

MANUFACTURER

The technical documentation referred to in Annexes V, VII, VIII,

IX and XI of the Directive, set out in Schedules V, VII, VIII, IX and XI

to these regulations 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 these regulations

and the Directive.

The documentation shall contain so far as relevant for assessment

- a general description of the type,

- conceptual design and manufacturing drawings and schemes of

components, sub-assemblies, circuits, etc.,

- descriptions and explanations necessary for the understanding of

said drawings and schemes and the operation of the product,

- a list of the standards referred to in regulation 5.7 of these

regulations and Article 5 of the Directive, applied in full or in part, and

descriptions of the solutions adopted to fulfil the essential requirements

when the standards referred to in regulation 5.7 of these regulations

and Article 5 of the Directive have not been applied,

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

- test reports, or calculations namely on stability according to point

3.2 of the Essential Requirements and on buoyancy according to point

3.3 of the Essential Requirements, listed in Schedule I to these

regulations.

B

Schedule XIV

Based on Annex XIV of the Directive

MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER

STATES FOR THE NOTIFICATION OF BODIES

1. The body, its director and the staff responsible for carrying out the verification

tests shall not be the designer, manufacturer, supplier or installer of boat or components

which they inspect, nor the authorized representative of any of these parties. They

shall not become either involved directly or as authorized 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.

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.

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.

4. The staff responsible for inspection shall have

- 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.

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.

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

regulations or any provision of national law giving effect to it.

Schedule XV

Based on Annex XV of the Directive

WRITTEN DECLARATION OF CONFORMITY

1. The written declaration of conformity to the provisions of these regulations

and the Directive must always accompany

- the recreational craft and be joined to the owner’s manual (Annex I, point 2.5, of

the Directive, set out in Schedule I, point 2.5 to these regulations),

- the components as referred to in Annex II of the Directive, set out as Schedule II

to these regulations.

The written declaration of conformity shall include the following 8

2. - name and address of the manufacturer or his authorized representative 9 ,

- description of the recreational craft 10 or of the component 9 ,

- references to the relevant harmonized standards used, or references to the

specifications in relation to which conformity is declared,

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

notified body,

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

- identification of the person empowered to sign on behalf of the manufacturer or

his authorized representative.

and be drawn up in the language as foreseen under point 2.5 of Annex I of the Directive, set out in point 2.5 of Schedule I to these

regulations.

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

description of the product make, type, serial number, where appropriate.