Recreational Craft Regulations, 2015

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,507, 4 ta’ Diċembru, 2015

L.N. 387 of 2015

PRODUCT SAFETY ACT

(CAP. 427)

Recreational Craft Regulations, 2015

IN exercise of the powers conferred by articles 38 and 39 of the

Product Safety Act, Minister for Social Dialogue, Consumer Affairs

and Civil Liberties, on the advice of the Malta Competition and

Consumer Affairs Authority, has made the following regulations:-

(1)

The title of these regulations is the Recreational Citation and

scope.

Craft Regulations, 2015.

(2) These regulations transpose Directive 2013/53/EU of the

European Parliament and of the Council of 20 November 2013 on

recreational craft and personal watercraft and repealing Directive 94/

25/EC.

(3) These regulations lay down requirements for the design

and manufacture of products referred to in regulation 3(1) and rules

on their free movement in the Union.

(1)

These regulations shall apply as from 18th January Commencement

2016. (2) The making available on the market or the putting into

service of products covered by the Recreational Craft Regulations, L.N. 128 of

2005. 2005, which are in conformity with these regulations and which were

placed on the market or put into service before 18 January 2017 shall

not be impeded.

(3) The making available on the market or the putting into

service of outboard SI propulsion engines with power equal to or less

than 15 kW which comply with the stage I exhaust emission limits

laid down in point 2.1 of Part B of Schedule I and which were

manufactured by small and medium-sized enterprises as defined in

Commission Recommendation 2003/361/EC and placed on the

market before 18 January 2020 shall not be impeded.

(1)

These regulations shall apply to the following Applicability.

products

(a)

recreational craft and partly completed recreational

craft;

(b)

personal watercraft and partly completed personal

(c)

components listed in Schedule II when placed on

the Union market separately, hereinafter referred to as

"components";

(d)

propulsion engines which are installed

or

specifically intended for installation on or in watercraft;

(e)

propulsion engines installed on or in watercraft that

are subject to a major engine modification;

(f)

watercraft

that

are

subject

to

major

craft

conversion.

(2) These regulations shall not apply to the following

(a)

with regard to the design and construction

requirements set out in Part A of Schedule I

(i) watercraft intended solely for racing,

including rowing racing boats and training rowing boats,

labelled as such by the manufacturer;

(ii) canoes and kayaks designed to be propelled

solely by human power, gondolas and pedalos;

(iii) surfboards designed solely to be propelled by

wind and to be operated by a person or persons standing;

(iv) surfboards;

(v) original historical watercraft and individual

replicas thereof designed before 1950, built predominantly

with the original materials and labelled as such by the

manufacturer;

(vi) experimental watercraft, provided that they

are not placed on the Union market;

(vii) watercraft built for own use, provided that

they are not subsequently placed on the Union market

during a period of five years from the putting into service

of the watercraft;

(viii) watercraft specifically intended to be crewed

and to carry passengers for commercial purposes, without

prejudice to sub-regulation (3), regardless of the number of

passengers;

(ix) submersibles;

(x)

air cushion vehicles;

(xi) hydrofoils;

(xii) external

combustion

steam

powered

watercraft, fuelled by coal, coke, wood, oil or gas;

(xiii) amphibious vehicles, i.e. wheeled or track-

laying motor vehicles, which are able to operate both on

water and on solid land;

(b)

with regard to exhaust emission requirements set

out in Part B of Schedule I

(i) propulsion engines installed or specifically

intended for installation on the following products

• watercraft intended solely for racing and

labelled as such by the manufacturer;

• experimental watercraft, provided that

they are not placed on the Union market;

• watercraft specifically intended to be

crewed and to carry passengers for commercial

purposes, without prejudice to sub-regulation (3),

regardless of the number of passengers;

•

submersibles;

•

air cushion vehicles;

•

hydrofoils;

• amphibious vehicles, i.e. wheeled or

track-laying motor vehicles, which are able to

operate both on water and on solid land;

(ii) original and individual replicas of historical

propulsion engines, which are based on a pre-1950 design,

not produced in series and fitted on watercraft referred to

in paragraph (a)(v) or (vii);

(iii) propulsion engines built for own use provided

that they are not subsequently placed on the Union market

during a period of five years from the putting into service

of the watercraft;

(c)

with regard to noise emission requirements referred

to in Part C of Schedule I

(i)

all watercraft referred in paragraph (b);

(ii) watercraft built for own use, provided that

they are not subsequently placed on the Union market

during a period of five years from the putting into service

of the watercraft.

(3) The fact that the same watercraft could also be used for

charter or for sports and leisure training shall not prevent it being

covered by these regulations when it is placed on the Union market

for recreational purposes.

For the purpose of these regulations, the following

definitions shall apply

"accreditation" means accreditation as defined in point 10 of

Article 2 of Regulation (EC) No 765/2008;

"authorised representative" means any natural or legal person

established within the Union who has received a written mandate

from the manufacturer to act on his behalf in relation to specified

tasks;

"CE marking" means a marking by which the manufacturer

indicates that the product is in conformity with the applicable

requirements set out in Union harmonisation legislation providing for

its affixing;

"conformity assessment" means the process demonstrating

whether the requirements of this Directive relating to a product have

been fulfilled;

"conformity assessment body" means a body that performs

conformity assessment activities including calibration, testing,

certification and inspection;

"the Directive" means Directive 2013/53/EU of the European

Parliament and of the Council of 20 November 2013 on recreational

craft and personal watercraft and repealing Directive 94/25/EC;

"distributor" means any natural or legal person in the supply

chain, other than the manufacturer or the importer, who makes a

product available on the market;

"economic operators" means the manufacturer, the authorised

representative, the importer and the distributor;

"engine family" means the manufacturer’s grouping of engines

which, through their design, have similar exhaust or noise emission

characteristics;

"essential requirements" means the requirements in Annex I of

the Directive, which is set out in Schedule I;

"harmonised standard" means harmonised standard as defined in

point (c) of Article 2(1) of Regulation (EU) No 1025/2012;

"hull length" means the length of the hull measured in

accordance with the harmonised standard;

"importer" means any natural or legal person established within

the Union who places a product from a third country on the Union

market;

"major craft conversion" means a conversion of a watercraft

which changes the means of propulsion of the watercraft, involves a

major engine modification, or alters the watercraft to such an extent

that it may not meet the applicable essential safety and environmental

requirements laid down in these regulations;

"major engine modification" means the modification of a

propulsion engine which could potentially cause the engine to exceed

the emission limits set out in Part B of Schedule I or increases the

rated power of the engine by more than 15%;

"making available on the market" means any supply of a product

for distribution, consumption or use on the Union market in the

course of a commercial activity, whether in return for payment or free

of charge;

"manufacturer" means any natural or legal person who

manufactures a product or has such a product designed or

manufactured, and markets that product under his name or trademark;

"market surveillance" means the activities carried out and

measures taken by public authorities to ensure that products comply

with the applicable requirements set out in Union harmonisation

legislation and do not endanger health, safety or any other aspect of

public interest protection;

"means of propulsion" means the method by which the

watercraft is propelled;

"the National Accreditation Board (Malta)" means the National

Accreditation Board (Malta) established in terms of regulation 3 of

the National Accreditation Board (Malta) (Establishment)

Regulations;

"personal watercraft" means a watercraft intended for sports and

leisure purposes of less than 4m in hull length which uses a

propulsion engine having a water jet pump as its primary source of

propulsion and designed to be operated by a person or persons sitting,

standing or kneeling on, rather than within the confines of, a hull;

"placing on the market" means the first making available of a

product on the Union market;

"private importer" means any natural or legal person established

within the Union who imports in the course of a non-commercial

activity a product from a third country into the Union with the

intention of putting it into service for his own use;

"propulsion engine" means any spark or compression ignition,

internal combustion engine used directly or indirectly for propulsion

purposes;

"putting into service" means the first use of a product covered

by this Directive in the Union by its end-user;

"recall" means any measure aimed at achieving the return of a

product that has already been made available to the end-user;

"recreational craft" means any watercraft of any type, excluding

personal watercraft, intended for sports and leisure purposes of hull

length from 2,5m to 24m, regardless of the means of propulsion;

"the Technical Regulations Division" means the Technical

Regulations Division within the Malta Competition and Consumer

Affairs Authority as established by the Malta Competition and

Consumer Affairs Authority Act;

"Union harmonisation legislation" means any Union legislation

harmonising the conditions for the marketing of products;

"watercraft" means any recreational craft or personal watercraft;

"watercraft built for own use’ means a watercraft predominantly

built by its future user for his own use.

A boat built by a professional company for a private person

under a contracted agreement, is deemed to fall under these

regulations and will have to comply with the essential requirements

of the regulations and the applicable conformity assessment

procedures;

"withdrawal" means any measure aimed at preventing a product

in the supply chain from being made available on the market.

(1)

The products referred to in regulation 3(1) may be Essential

made available or put into service only if they do not endanger the requirements.

health and safety of persons, property or the environment when

correctly maintained and used in accordance with their intended

purpose, and only on the condition that they meet the applicable

essential requirements set out in Schedule I.

(2) Products referred to in regulation 3(1) shall not be made

available on the market or put into service unless they comply with

the requirements of sub-regulation (1).

The provisions of these regulations shall not prevent from Provisions

adopting provisions concerning navigation on certain waters for the concerning

navigation.

purpose of protection of the environment, the fabric of waterways,

and ensuring safety of waterways, provided that those provisions do

not require modification to watercraft conforming to these regulations

and that those provisions are justified and proportionate.

(1)

Without prejudice to regulation 6, the making Free movement.

available on the Maltese market or the putting into service in the

Maltese territory of watercrafts complying with these regulations

shall not be impeded.

(2) The making available on the market of partly-completed

watercraft where the manufacturer or the importer declares, in

accordance with Schedule III, that they are intended to be completed

by others, shall not be impeded.

(3) The making available on the market or putting into service

of components complying with these regulations which are intended

to be incorporated into watercraft, in accordance with the declaration

of the manufacturer or the importer, as referred to in regulation 16,

shall not be impeded.

(4) The making available on the market or putting into service

of any of the following propulsion engines shall not be impeded

(a)

engines, whether or not installed in watercraft,

complying with these regulations;

(b)

engines installed in watercraft and type-approved

in accordance with Directive 97/68/EC which are in compliance

with stage III A, stage III B or stage IV emission limits for CI

engines used in other applications than propulsion of inland

waterway vessels, locomotives and railcars, as provided for in

point 4.1.2. of Annex I to that Directive, complying with these

regulations, with the exclusion of the exhaust emission

requirements set out in Part B of Schedule I;

(c)

engines installed in watercraft and type-approved

in accordance with Regulation (EC) No 595/2009, complying

with these regulations, with the exclusion of the exhaust

emission requirements set out in Part B of Schedule I.

(5) Sub-regulation (4)(b) and (c) shall apply subject to the

condition that where an engine is adapted for installation in a

watercraft, the person undertaking the adaptation shall ensure that full

account is taken of the data and other information available from the

engine manufacturer in order to ensure that, when installed in

accordance with the installation instructions provided by the person

adapting the engine, that engine will continue to meet the exhaust

emission requirements of either Directive 97/68/EC or of Regulation

(EC) No 595/2009, as declared by the engine manufacturer. The

person adapting the engine shall declare, as referred to in regulation

16, that the engine will continue to meet the exhaust emission

requirements of either Directive 97/68/EC or of Regulation (EC) No

595/2009, as declared by the engine manufacturer, when installed in

accordance with the installation instructions supplied by the person

adapting the engine.

(6) At trade fairs, exhibitions, demonstrations and other

similar events, the showing of products referred to in regulation 3(1)

which do not comply with these regulations, provided that a visible

sign clearly indicates that such products do not comply with these

regulations and will not be made available or put into service in the

Union until they have been made to comply, shall not be impeded.

(1)

When placing their products on the market,

manufacturers shall ensure that they have been designed and

manufactured in accordance with the requirements set out in

regulation 5(1) and in Schedule I.

(2) Manufacturers shall draw up the technical documentation

in accordance with regulation 24 and carry out the conformity

assessment procedure applicable or have it carried out in accordance

with regulations 18 to 21 and regulation 23.

Where compliance of a product with the applicable

requirements has been demonstrated by that procedure, manufacturers

shall draw up a declaration, as referred to in regulation 16 and mark

and affix the CE marking, as set out in regulation 17.

(3) Manufacturers shall keep the technical documentation and

a copy of the declaration, as referred to in regulation 16, for ten years

after the product has been placed on the market.

(4) Manufacturers shall ensure that procedures are in place for

series production to remain in conformity with these regulations.

Changes in product design or characteristics and changes in the

harmonised standards by reference to which conformity of a product

is declared shall be adequately taken into account.

When deemed appropriate with regard to the risks

presented by a product, manufacturers shall, to protect the health and

safety of consumers, carry out sample testing of products made

available on the market, investigate, and, if necessary, keep a register

of complaints, of non-conforming products and product recalls, and

shall keep distributors informed of any such monitoring.

(5) Manufacturers shall ensure that their products bear a type,

batch or serial number or other element allowing their identification,

or, where the size or nature of the components does not allow it, that

the required information is provided on the packaging or in a

document accompanying the product.

(6) Manufacturers shall indicate their name, registered trade

name or registered trade mark and the address at which they can be

contacted on the product or, where that is not possible, on its

packaging or in a document accompanying the product. The address

shall indicate a single point at which the manufacturer can be

contacted.

(7) Manufacturers shall ensure that the product is

accompanied by instructions and safety information in the owner’s

manual in at least the Maltese or the English language.

(8) Manufacturers who consider or have reason to believe that

a product which they have placed on the market is not in conformity

with these regulations shall immediately take the necessary corrective

measures to bring that product into conformity, to withdraw it or

recall it, if appropriate. Furthermore, where the product presents a

risk, manufacturers shall immediately inform the competent national

authorities of the Member States in which they made the product

available to that effect, giving details, in particular, of the non-

compliance and of any corrective measures taken.

(9) Manufacturers shall, further to a reasoned request from the

Technical Regulations Division, provide it with all the information

and documentation necessary to demonstrate the conformity of the

product, in at least the Maltese or the English language. They shall

cooperate with that authority, at its request, on any action taken to

eliminate the risks posed by products which they have placed on the

market.

(1)

A manufacturer may, by a written mandate, appoint

an authorised representative.

(2) The obligations laid down in regulation 8(1) and the

drawing up of technical documentation shall not form part of the

authorised representative’s mandate.

(3) An authorised representative shall perform the tasks

specified in the mandate received from the manufacturer. The

mandate shall allow the authorised representative to do at least the

following

(a)

keep a copy of the declaration, as referred to in

regulation 16, and the technical documentation at the disposal of

national surveillance authorities for ten years after the product

has been placed on the market;

(b)

further to a reasoned request from a competent

national authority, provide that authority with all the

information and documentation necessary to demonstrate the

conformity of a product;

(c)

cooperate with the competent national authorities,

at their request, on any action taken to eliminate the risks posed

by products covered by their mandate.

(1)

Importers shall place only compliant products on

the market.

(2) Before placing a product on the market, importers shall

ensure that the appropriate conformity assessment procedure has been

carried out by the manufacturer. They shall ensure that the

manufacturer has drawn up the technical documentation, that the

product bears the CE marking, as referred to in regulation 17, and is

accompanied by the documents required in accordance with

regulation 16 and point 2.5 of Part A of Schedule I, point 4 of Part B

of Schedule I and point 2 of Part C of Schedule I and that the

manufacturer has complied with the requirements set out in regulation

8(5) and (6).

Where an importer considers or has reason to believe that a

product is not in conformity with the requirements set out in

regulation 5(1), he shall not place the product on the market until it

has been brought into conformity. Furthermore, where the product

presents a risk, the importer shall inform the manufacturer and the

market surveillance authorities to that effect.

(3) Importers shall indicate their name, registered trade name

or registered trade mark and the address at which they can be

contacted on the product or, in the case of components where that is

not possible, on the packaging or in a document accompanying the

product.

(4) Importers shall ensure that the product is accompanied by

instructions and safety information in the owner’s manual in at least

the English or Maltese language.

(5) Importers shall ensure that, while a product is under their

responsibility, storage or transport conditions do not jeopardise its

compliance with the requirements set out in regulation 5(1) and in

Schedule I.

(6) When deemed appropriate with regard to the risks

presented by a product, importers shall, to protect the health and

safety of consumers, carry out sample testing of products made

available on the market, investigate, and, if necessary, keep a register

of complaints, of non-conforming products and product recalls, and

shall keep distributors informed of such monitoring.

(7) Importers who consider or have reason to believe that a

product which they have placed on the market is not in conformity

with these regulations shall immediately take the corrective measures

necessary to bring that product into conformity, to withdraw it or

recall it, if appropriate. Furthermore, where the product presents a

risk, importers shall immediately inform the competent national

authorities of the Member States in which they made the product

available to that effect, giving details, in particular, of the non-

compliance and of any corrective measures taken. The competent

authority in the case of products imported into Malta, shall be the

Technical Regulations Division.

(8) Importers shall, for a period of ten years after the product

has been placed on the market, keep a copy of the declaration, as

referred to in regulation 16, at the disposal of the market surveillance

authorities and ensure that the technical documentation can be made

available to those authorities, upon request.

(9) Importers shall, further to a reasoned request from the

Technical Regulations Division, provide it with all the information

and documentation necessary to demonstrate the conformity of a

product in at least the Maltese or the English language. They shall

cooperate with that authority, at its request, on any action taken to

eliminate the risks posed by products which they have placed on the

market.

(1)

When making a product available on the market

distributors shall act with due care in relation to the requirements of

these regulations.

(2) Before making a product available on the market

distributors shall verify that the product bears the CE marking, as

referred to in regulation 17, that it is accompanied by the documents

required in regulation 8(7), regulation 16 and point 2.5 of Part A of

Schedule I, point 4 of Part B of Schedule I and point 2 of Part C of

Schedule I and by instructions and safety information in at least the

English or Maltese language, and that the manufacturer and the

importer have complied with the requirements set out in regulation

8(5) and (6) and in regulation 10(3).

Where a distributor considers or has reason to believe that

a product is not in conformity with the requirements set out in

regulation 5(1) and Schedule I, he shall not make the product

available on the market until it has been brought into conformity.

Furthermore, where the product presents a risk, the distributor shall

inform the manufacturer or the importer, as well as the market

surveillance authorities, to that effect.

(3) Distributors shall ensure that, while a product is under

their responsibility, storage or transport conditions do not jeopardise

its compliance with the requirements set out in regulation 5(1) and

Schedule I.

(4) Distributors who consider or have reason to believe that a

product which they have made available on the market is not in

conformity with these regulations shall make sure that the corrective

measures necessary to bring that product into conformity, to withdraw

it or recall it, if appropriate, are taken. Furthermore, where the

product presents a risk, distributors shall immediately inform the

competent national authorities of the Member States in which they

made the product available on the market to that effect, giving details,

in particular, of the non-compliance and of any corrective measures

taken.

(5) Distributors shall, further to a reasoned request from the

Technical Regulations Division, provide that authority with all the

information and documentation necessary to demonstrate the

conformity of the product. They shall cooperate with that authority, at

its request, on any action taken to eliminate the risks posed by

products which they have made available on the market.

An importer or distributor shall be considered a Cases in which

manufacturer for the purposes of these regulations and he shall be obligations

manufacturers

subject to the obligations of the manufacturer under regulation 8, apply

importers and

where he places a product on the market under his name or trademark distributors.

or modifies a product already placed on the market in such a way that

compliance with the requirements of these regulations may be

affected.

(1)

If the manufacturer does not fulfil the Obligations of

responsibilities for the conformity of the product with these private

importers.

regulations, a private importer, before putting the product into

service, shall ensure that it has been designed and manufactured in

accordance with the requirements set out in regulation 5(1) and

Schedule I and carry out or have carried out the obligations of the

manufacturer set out in regulation 8(2), (3), (7) and (9).

(2) If the required technical documentation is not available

from the manufacturer, the private importer shall have it drawn up

using appropriate expertise.

(3) The private importer shall ensure that the name and

address of the notified body which has carried out the conformity

assessment of the product is marked on the product.

(1)

Economic operators shall, on request, identify the Identification of

economic

following to the Technical Regulations Division

operators.

(a)

any economic operator who has supplied them with

a product;

(b)

any economic operator to whom they have supplied

a product.

(2) Economic operators shall be able to present the

information referred to in sub-regulation (1) for a period of ten years

after they have been supplied with the product and for a period of ten

years after they have supplied the product.

(3) Private importers shall, on request, identify to the

Technical Regulations Division the economic operator who has

supplied them with the product.

(4) Private importers shall be able to present the information

referred to in sub-regulation (3) for a period of ten years after they

have been supplied with the product.

Products which are in conformity with harmonised

standards or parts thereof the references of which have been

published in the Official Journal of the European Union shall be

presumed to be in conformity with the requirements covered by those

standards or parts thereof, set out in regulation 5(1) and Schedule I.

(1)

The EU declaration of conformity shall state that

the fulfilment of requirements specified in regulation 5(1) and

Schedule I or those referred to in regulation 7(4)(b) or (c) has been

demonstrated.

(2) The EU declaration of conformity, that shall have the

model structure set out in Schedule IV, shall contain the elements

specified in the relevant modules set out in Annex II to Decision No

768/2008/EC as well as in Schedule V, and shall be continuously

updated. It shall be translated into the language or languages required

by the Member State on whose market the product is made available

or put into service. For products made available or put into service in

the Maltese market, the EU Declaration of Conformity shall be

translated into at least the Maltese or the English language.

(3) By drawing up the EU declaration of conformity, the

manufacturer, private importer or the person adapting the engine

referred to in regulation 7(4)(b) and (c) shall assume responsibility

for the compliance of the product.

(4) The EU declaration of conformity referred to in sub-

regulation (3) shall accompany the following products when they are

made available on the market or put into service

(a)

watercraft;

(b)

components when placed on the market separately;

(c)

propulsion engines.

(5) The declaration by the manufacturer or the importer set out

in Schedule III for partly completed watercraft shall contain the

elements specified in that Schedule and shall accompany partly

completed watercraft. It shall be translated into the language or

languages required by the Member State on whose market the product

is made available. For such products that are made available on the

Maltese market, this declaration shall be translated into at least the

Maltese or the English language.

(1)

The CE marking shall be subject to the general CE marking.

principles set out in Article 30 of Regulation (EC) No 765/2008.

(2) The following products are subject to CE marking when

they are made available on the market or put into service

(a)

watercraft;

(b)

components;

(c)

propulsion engines.

(3) Products referred to in sub-regulation (2) and bearing the

CE marking shall be presumed to comply with these regulations.

(4) The CE marking shall be affixed visibly, legibly and

indelibly to the products referred to in sub-regulation (2). In case of

components, where that is not possible or not warranted on account of

the size or nature of that product, it shall be affixed to the packaging

and to the accompanying documents. In the case of watercraft, the CE

marking shall be affixed on the watercraft builder’s plate mounted

separately from the watercraft identification number. In the case of a

propulsion engine, the CE marking shall be affixed on the engine.

(5) The CE marking shall be affixed before the product is

placed on the market or put into service. The CE marking, and the

identification number referred to in sub-regulation (6), may be

followed by a pictogram or any other mark indicating a special risk or

use.

(6) The CE marking shall be followed by the identification

number of the notified body, where that body is involved in the

production control phase or in the post-construction assessment.

(7) The identification number of the notified body shall be

affixed by the body itself or, under its instructions, by the

manufacturer or his authorised representative, or by the person

referred to in regulation 18(2), (3) or (4).

(1)

The manufacturer shall apply the procedures set Applicable

out in the modules referred to in regulations 19, 20 and 21 before conformity

assessment

placing on the market products referred to in regulation 3(1).

procedures.

(2) The private importer shall apply the procedure referred to

in regulation 22 before putting into service a product referred to in

regulation 3(1) if the manufacturer has not carried out the conformity

assessment for the product concerned.

(3) Any person placing on the market or putting into service a

propulsion engine or a watercraft after a major modification or

conversion thereof, or any person changing the intended purpose of a

watercraft not covered by these regulations in a way that it falls under

its scope, shall apply the procedure referred to in regulation 22 before

placing the product on the market or putting it into service.

(4) Any person placing on the market a watercraft built for

own use before the end of the five-year period referred to in

regulation 3(2)(a)(vii) shall apply the procedure referred to in

regulation 22 before placing the product on the market.

(1)

With regard to design and construction of

recreational craft the following procedures set out in Annex II to

Decision No 768/2008/EC shall apply

(a)

for design categories A and B referred to in point 1

of Part A of Schedule I

(i) for recreational craft of hull length from 2,5m

to less than 12m, any of the following modules

• Module A1 (internal production control

plus supervised product testing);

• Module B (EU type-examination)

together with Module C, D, E or F;

• Module G (conformity based on unit

verification);

• Module H (conformity based on full

quality assurance);

(ii) for recreational craft of hull length from 12m

to 24m, any of the following modules

• Module B (EU type-examination)

together with Module C, D, E or F;

• Module G (conformity based on unit

verification);

• Module H (conformity based on full

quality assurance);

(b)

for design category C referred to in point 1 of Part

A of Schedule I

(i) for recreational craft of hull length from 2,5m

to less than 12m, any of the following modules

• where the harmonised standards relating

to points 3.2 and 3.3 of Part A of Schedule I are

complied with: Module A (internal production

control), Module A1 (internal production control

plus supervised product testing), Module B (EU

type-examination) together with Module C, D, E or

F, Module G (conformity based on unit

verification) or Module H (conformity based on

full quality assurance);

• where the harmonised standards relating

to points 3.2 and 3.3 of Part A of Schedule I are not

complied with: Module A1 (internal production

control plus supervised product testing), Module B

(EU type-examination) together with Module C, D,

E or F, Module G (conformity based on unit

verification) or Module H (conformity based on

full quality assurance);

(ii) for recreational craft of hull length from 12m

to 24m, any of the following modules

• Module B (EU type-examination)

together with Module C, D, E or F;

• Module G (conformity based on unit

verification);

• Module H (conformity based on full

quality assurance);

(c)

for design category D referred to in point 1 of Part

A of Schedule I

for recreational craft of hull length from 2,5m to 24m, any of the

following modules

•

Module A (internal production control);

•

Module A1 (internal production control plus

supervised product testing);

•

Module B (EU type-examination) together

with Module C, D, E or F;

•

Module

G

(conformity

based

on

unit

verification);

•

Module H (conformity based on full quality

assurance).

(2) With regard to design and construction of personal

watercraft any of the following procedures set out in Annex II to

Decision No 768/2008/EC shall apply

(a)

Module A (internal production control);

(b)

Module A1 (internal production control plus

supervised product testing);

(c)

Module B (EU type-examination) together with

Module C, D, E or F;

(d)

Module G (conformity based on unit verification);

(e)

Module H (conformity based on full quality

assurance).

(3) With regard to design and construction of components any

of the following procedures set out in Annex II to Decision No 768/

2008/EC shall apply

(a)

Module B (EU type-examination) together with

Module C, D, E or F;

(b)

Module G (conformity based on unit verification);

(c)

Module H (conformity based on full quality

assurance).

With regard to exhaust emissions, for products referred to

in regulation 3(1)(d) and (e), the engine manufacturer shall apply the

following procedures set out in Annex II to Decision No 768/2008/

(a)

where tests are conducted using the harmonised

standard, any of the following modules

(i) Module B (the EU

type-examination)

together with Module C, D, E or F;

(ii) Module

G

(conformity

based

on

unit

verification);

(iii) Module H (conformity based on full quality

assurance);

(b)

where tests are conducted without using the

harmonised standard, any of the following modules

(i) Module B (the

EU

type-examination)

together with Module C 1;

(ii) Module

G

(conformity

based

on

unit

verification).

With regard to noise emissions for recreational Noise

craft with stern drive propulsion engines without integral exhausts or emissions.

inboard propulsion engine installations and for recreational craft with

stern drive propulsion engines without integral exhausts or with

inboard propulsion engine installations which are subject to major

craft conversion and subsequently placed on the market within five

years following conversion, the manufacturer shall apply the

following procedures set out in Annex II to Decision No 768/2008/

(a)

where tests are conducted using the harmonised

standard for noise measurement, any of the following modules

(i) Module A1 (internal production control plus

supervised product testing);

(ii) Module

G

(conformity

based

on

unit

verification);

(iii) Module H (conformity based on full quality

assurance);

(b)

where tests are conducted without using the

harmonised standard for noise measurement, Module G

(conformity based on unit verification);

(c)

where the Froude number and power displacement

ratio method is used for assessment, any of the following

(i)

Module A (internal production control);

(ii) Module

G

(conformity

based

on

unit

verification);

(iii) Module H (conformity based on full quality

assurance).

(2) With regard to noise emissions for personal watercraft and

outboard propulsion engines and stern drive propulsion engines with

integral exhausts intended for installation on recreational craft, the

personal watercraft or engine manufacturer shall apply the following

procedures set out in Annex II to Decision No 768/2008/EC

(a)

where tests are conducted using the harmonised

standard for noise measurement, any of the following modules

(i) Module A1 (internal production control plus

supervised product testing);

(ii) Module

G

(conformity

based

on

unit

verification);

(iii) Module H (conformity based on full quality

assurance);

(b)

where tests are conducted without using the

harmonised standard for noise measurement, Module G

(conformity based on unit verification).

The post-construction assessment referred to in regulation

18(2), (3) and (4) shall be carried out as set out in Schedule V.

When Module B of Annex II to Decision No 768/

2008/EC is used, the EU type examination shall be carried out in the

manner specified in the second indent of point 2 of that module.

A production type referred to in Module B may cover

several versions of the product provided that

(a)

the differences between the versions do not affect

the level of safety and the other requirements concerning the

performance of the product; and

(b)

versions of the product are referred to in the

corresponding EU-type examination certificate, if necessary

through amendments to the original certificate.

(2) When Module A1 of Annex II to Decision No 768/2008/

EC is used, the product checks shall be carried out on one or several

watercraft representing the production of the manufacturer and the

supplementary requirements set out in Schedule VI shall apply.

(3) The possibility of using accredited in-house bodies

referred to in Modules A1 and C1 of Annex II to Decision No 768/

2008/EC shall not be applicable.

(4) When Module F of Annex II to Decision No 768/2008/EC

is used, the procedure described in Schedule VII shall apply for the

assessment of conformity with the exhaust emission requirements.

(5) When Module C of Annex II to Decision No 768/2008/EC

is used, with regard to the assessment of conformity with the exhaust

emission requirements of these regulations and if the manufacturer is

not working under a relevant quality system as described in Module H

of Annex II to Decision No 768/2008/EC, a notified body chosen by

the manufacturer shall carry out product checks or have them carried

out at random intervals determined by that body, in order to verify the

quality of the internal checks on the product. When the quality level

appears unsatisfactory or when it seems necessary to verify the

validity of the data presented by the manufacturer, the procedure set

out in Schedule VIII shall apply.

(1)

The technical documentation referred to in Technical

regulation 8(2) shall contain all relevant data and details of the means documentation.

used by the manufacturer to ensure that the product complies with the

requirements set out in regulation 5(1) and Schedule I. It shall, in

particular, contain the relevant documents listed in Schedule IX.

(2) The technical documentation shall ensure that the design,

construction, operation and assessment of conformity may be clearly

understood.

(1)

The Technical Regulations Division shall notify the Notification of

European Commission and the other Member States of bodies conformity

assessment

authorised to carry out third-party conformity assessment under these bodies.

regulations.

(2) The Technical Regulations Division shall be responsible

for setting up and carrying out the necessary procedures for the

assessment and notification of conformity assessment bodies for the

purposes of these regulations, and for the monitoring of notified

bodies, including compliance with the provisions of regulation 26(13)

to (16).

(3) The assessment and monitoring referred to in sub-

regulation (2) shall be carried out by the National Accreditation

Board (Malta).

(4) The Technical Regulations Division shall take full

responsibility for the tasks performed by National Accreditation

Board (Malta) referred to in sub-regulation (3).

(4) The Technical Regulations Division shall inform the

European Commission of its procedures for the assessment and

notification of conformity assessment bodies and the monitoring of

notified bodies, and of any changes thereto.

(1)

For the purposes of notification under these

regulations, a conformity assessment body shall meet the

requirements laid down in sub-regulations (2) to (16) and in the

Method for Designating Conformity Assessment Bodies Regulations.

(2) A conformity assessment body shall be established under

Maltese law of and have legal personality.

(3) A conformity assessment body shall be a third-party body

independent of the organisation or the product it assesses. A body

belonging to a business association or professional federation

representing undertakings involved in the design, manufacturing,

provision, assembly, use or maintenance of products which it

assesses, may, on condition that its independence and the absence of

any conflict of interest are demonstrated, be considered such a body.

(4) (a)

A conformity assessment body, its top level

management and the personnel responsible for carrying out the

conformity assessment tasks shall not be the designer, manufacturer,

supplier, installer, purchaser, owner, user or maintainer of the

products which they assess, nor the representative of any of those

parties. This shall not preclude the use of assessed products that are

necessary for the operations of the conformity assessment body or the

use of such products for personal purposes.

(b)

A conformity assessment body, its top level

management and the personnel responsible for carrying out the

conformity assessment tasks shall not be directly involved in the

design or manufacture, the marketing, installation, use or

maintenance of those products, or represent the parties engaged in

those activities. They shall not engage in any activity that may

conflict with their independence of judgement or integrity in relation

to conformity assessment activities for which they are notified. This

shall in particular apply to consultancy services.

(c)

Conformity assessment bodies shall ensure that the

activities of their subsidiaries or subcontractors do not affect the

confidentiality, objectivity or impartiality of their conformity

assessment activities.

(5) Conformity assessment bodies and their personnel shall

carry out the conformity assessment activities with the highest degree

of professional integrity and the requisite technical competence in the

specific field and shall be free from all pressures and inducements,

particularly financial, which might influence their judgement or the

results of their conformity assessment activities, especially as regards

persons or groups of persons with an interest in the results of those

activities.

(6) (a)

A conformity assessment body shall be capable of

carrying out all the conformity assessment tasks assigned to it by the

provisions of regulations 18 to 23 and in relation to which it has been

notified, whether those tasks are carried out by the conformity

assessment body itself or on its behalf and under its responsibility.

(b)

At all times and for each conformity assessment

procedure and each kind or category of products in relation to which

it has been notified, a conformity assessment body shall have at its

disposal the necessary

(i) personnel with technical knowledge and

sufficient and appropriate experience to perform the

conformity assessment tasks;

(ii) descriptions of procedures in accordance with

which conformity assessment is carried out, ensuring the

transparency and the ability of reproduction of those

procedures. It shall have appropriate policies and

procedures in place that distinguish between tasks it carries

out as a notified body and other activities;

(iii) procedures for the performance of activities

which take due account of the size of an undertaking, the

sector in which it operates, its structure, the degree of

complexity of the product technology in question and the

mass or serial nature of the production process.

(c)

A conformity assessment body shall have the

means necessary to perform the technical and administrative tasks

connected with the conformity assessment activities in an appropriate

manner and shall have access to all necessary equipment or facilities.

(7) The personnel responsible for carrying out conformity

assessment tasks shall have the following

(a)

sound technical and vocational training covering

all the conformity assessment activities in relation to which the

conformity assessment body has been notified;

(b)

satisfactory knowledge of the requirements of the

assessments they carry out and adequate authority to carry out

those assessments;

(c)

appropriate knowledge and understanding of the

essential requirements, of the applicable harmonised standards

and of the relevant provisions of Union harmonisation

legislation and of the relevant national legislation;

(d)

the ability to draw up certificates, records and

reports demonstrating that assessments have been carried out.

(8) The impartiality of conformity assessment bodies, their top

level management and of the assessment personnel shall be ensured.

The remuneration of the top level management and assessment

personnel of a conformity assessment body shall not depend on the

number of assessments carried out or on the results of those

assessments.

(9) Conformity assessment bodies shall take out liability

insurance unless liability is assumed by the State in accordance with

national law, or the State itself is directly responsible for the

conformity assessment.

(10) The personnel of a conformity assessment body shall

observe professional secrecy with regard to all information obtained

in carrying out their tasks under regulations 18 to 23 or any provision

of national law giving effect to it, except in relation to the competent

authorities of the Member State in which its activities are carried out.

Proprietary rights shall be protected.

(11) Conformity assessment bodies shall participate in, or

ensure that their personnel responsible for carrying out the

conformity assessment tasks are informed of, the relevant

standardisation activities and the activities of the notified body

coordination group established under Article 42 of the Directive and

shall apply as general guidance the administrative decisions and

documents produced as a result of the work of that group.

(12) Where a conformity assessment body demonstrates its

conformity with the criteria laid down in the relevant harmonised

standards or parts thereof, the references of which have been

published in the Official Journal of the European Union, it shall be

presumed to comply with the requirements set out in these regulations

insofar as the applicable harmonised standards cover those

requirements.

(13) Where a notified body subcontracts specific tasks

connected with conformity assessment or has recourse to a subsidiary,

it shall ensure that the subcontractor or the subsidiary meets the

requirements set out in these regulations, and shall inform the

Technical Regulations Division accordingly.

(14) Notified bodies shall take full responsibility for the tasks

performed by subcontractors or subsidiaries, wherever these are

established.

(15) Activities may be subcontracted or carried out by a

subsidiary only with the agreement of the client.

(16) Notified bodies shall keep at the disposal of the Technical

Regulations Division the relevant documents concerning the

assessment of the qualifications of the subcontractor or the subsidiary

and the work carried out by them under regulations 18 to 23.

(1)

A conformity assessment body established in Malta Notification

shall submit an application for notification under these regulations to procedures.

the Technical Regulations Division.

(2) The application referred to in sub-regulation (1) shall be

accompanied by a description of the conformity assessment activities,

the conformity assessment module or modules and the product or

products for which that body claims to be competent, as well as by an

accreditation certificate issued by the National Accreditation Board

(Malta) attesting that the conformity assessment body fulfils the

requirements laid down in regulation 26 and the Method for S.L. 427.45

Designating Conformity Assessment Bodies Regulations.

(3) The Technical Regulations Division may only notify

conformity assessment bodies which have satisfied the requirements

laid down in regulation 26 and the Method for Designating S.L. 427.45

Conformity Assessment Bodies Regulations.

(4) The Technical Regulations Division shall notify

conformity assessment bodies to the European Commission and the

other Member States using the electronic notification tool developed

and managed by the Commission.

(5) The notification shall include full details of the conformity

assessment activities, the conformity assessment module or modules,

product or products concerned and the relevant attestation of

competence.

(6) The body concerned may perform the activities of a

notified body only where no objections are raised by the European

Commission or the other Member States within two weeks of a

notification. Only such a body shall be considered a notified body for

the purposes of these regulations.

(7) The Technical Regulations Division shall notify the

European Commission and the other Member States of any

subsequent relevant changes to the notification.

(8) The Technical Regulations Division shall assign an

identification code to a notified body that it has authorised to

undertake the post-construction conformity assessments.

(9) Where the Technical Regulations Division has ascertained

or has been informed that a notified body no longer meets the

requirements laid down in regulation 26 or the Method for

Designating Conformity Assessment Bodies Regulations, or that it is

failing to fulfil its obligations, the Technical Regulations Division

shall restrict, suspend or withdraw notification as appropriate,

depending on the seriousness of the failure to meet those

requirements or fulfil those obligations. It shall immediately inform

the European Commission and the other Member States accordingly.

(10) In the event of restriction, suspension or withdrawal of

notification, or where the notified body has ceased its activity, the

Technical Regulations Division shall take appropriate steps to ensure

that the files of that body are either processed by another notified

body or kept available to the responsible notifying and market

surveillance authorities, at their request.

(11) The Technical Regulations Division shall provide the

Commission, on request, with all information relating to the basis for

the notification or the maintenance of the competence of the body

concerned.

(1)

Notified bodies shall carry out

conformity

assessments in accordance with the conformity

assessment

procedures provided for in regulations 18 to 23.

(2) Conformity assessments shall be carried out in a

proportionate manner, avoiding unnecessary burdens for economic

operators and private importers. Conformity assessment bodies shall

perform their activities taking due account of the size of an

undertaking, the sector in which it operates, its structure, the degree

of complexity of the product technology in question and the mass or

serial nature of the production process. In so doing, they shall

nevertheless respect the degree of rigour and the level of protection

required for the compliance of the product with these regulations.

(3) Where a notified body finds that requirements laid down in

regulation 5(1) and Schedule I or in corresponding harmonised

standards have not been met by a manufacturer or a private importer,

it shall require that manufacturer or private importer to take

appropriate corrective measures and shall not issue a certificate of

conformity.

(4) Where, in the course of the monitoring of conformity

following the issue of a certificate, a notified body finds that a

product is no longer in compliance; it shall require the manufacturer

to take appropriate corrective measures and shall suspend or

withdraw the certificate if necessary.

(5) Where corrective measures are not taken or do not have the

required effect, the notified body shall restrict, suspend or withdraw

any certificates, as appropriate.

(6) Notified bodies shall inform the Technical Regulations

Division of the following

(a)

any refusal, restriction, suspension or withdrawal

of a certificate;

(b)

any circumstances affecting the scope of or

conditions for notification;

(c)

any request for information which they have

received from market surveillance authorities regarding

conformity assessment activities;

(d)

on request, conformity assessment activities

performed within the scope of their notification and any other

activity performed, including cross-border activities and

subcontracting.

(7) Notified bodies shall provide the other bodies notified

under the Directive carrying out similar conformity assessment

activities covering the same products with relevant information on

issues relating to negative and, on request, positive conformity

assessment results.

(8) Notified bodies shall participate, directly or by means of

designated representatives, in the appropriate coordination and

cooperation groups for notified bodies organised by the European

Commission.

(1)

The Technical Regulations Division shall take

appropriate measures to ensure that products referred to in regulation

3(1) may be made available or put into service only if they do not

endanger the health and safety of persons, property or the

environment when correctly maintained and used in accordance with

their intended purpose, and only on the condition that they meet the

applicable essential requirements set out in Schedule I.

(2) Article 15(3) and Articles 16 to 29 of Regulation (EC) No

765/2008 shall apply to products covered by these regulations.

(3) Where the Technical Regulations Division has sufficient

reasons to believe that a product covered by these regulations

presents a risk to the health or safety of persons, to property or to the

environment, they shall carry out an evaluation in relation to the

product concerned covering all relevant requirements laid down in

these regulations. The relevant economic operators or the private

importer shall cooperate as necessary with the Technical Regulations

Division.

(4) (a)

In the case of an economic operator, where, in the

course of that evaluation, the Technical Regulations Division finds

that the product does not comply with the requirements laid down in

these regulations, it shall without delay require the relevant economic

operator to take the appropriate corrective action to bring the product

into compliance with those requirements, to withdraw the product

from the market, or to recall it within a reasonable period,

commensurate with the nature of the risk, as it may prescribe. It shall

also inform the Notified Body accordingly.

(b)

In the case of a private importer, where, in the

course of that evaluation, the Technical Regulations Division finds

that the product does not comply with the requirements laid down in

these regulations, the private importer shall be informed without

delay of the appropriate corrective action to be taken to bring the

product into compliance with those requirements, to suspend the

putting into service of the product or to suspend the use of the

product, commensurate with the nature of the risk. It shall also inform

the Notified Body accordingly.

(5) Article 21 of Regulation (EC) No 765/2008 shall apply to

the measures referred to in sub-regulation (4)(a) and (b).

(6) Where the Technical Regulations Division considers that

non-compliance is not restricted to the Maltese territory, it shall

inform the European Commission and the other Member States of the

results of the evaluation and of the actions which it has required the

economic operator to take.

(7) (a)

The economic operator shall ensure that all

appropriate corrective action is taken in respect of all the products

concerned that it has made available on the market throughout the

European Union.

(b)

The private importer shall ensure that the

appropriate corrective action is taken in respect of the product that he

has imported in the European Union for his own use.

(8) (a)

Where the relevant economic operator does not

take adequate corrective action within the period referred to in sub-

regulation (4)(a), the Technical Regulations Division shall take all

appropriate provisional measures to prohibit or restrict the product

being made available on the Maltese market, to withdraw the product

from this market or to recall it.

(b)

Where the private importer does not take adequate

corrective action, the Technical Regulations Division shall take all

appropriate provisional measures to prohibit the putting into service

of the product, or prohibit or restrict the use of the product in the

Maltese territory.

(9) The Technical Regulations Division shall inform the

European Commission and the other Member States, without delay, of

those measures referred to in sub-regulation (8).

(10) The information referred to in sub-regulation (9) shall

include all available details, in particular the data necessary for the

identification of the non-compliant product, the origin of the product,

the nature of the non-compliance alleged and the risk involved, the

nature and duration of the national measures taken and the arguments

put forward by the relevant economic operator or the private importer.

In particular, the Technical Regulations Division shall indicate

whether the non-compliance is due to either of the following

(a)

failure of the product to meet requirements relating

to the health or safety of persons, the protection of property or

the environment laid down in these regulations; or

(b)

shortcomings in the harmonised standards referred

to in regulation 15 conferring a presumption of conformity.

(11) When the procedure under this regulation is initiated by

another Member State, the Technical Regulations Division shall

without delay inform the European Commission and the other

Member States of any measures adopted and of any additional

information at their disposal relating to the non-compliance of the

product concerned, and, in the event of disagreement with the adopted

national measure, of their objections.

(12) Where, within three months of receipt of the information

referred to in sub-regulation (9), no objection has been raised by

either a Member State or the European Commission in respect of a

provisional measure taken by a Member State, that measure shall be

deemed justified.

In such cases, the Technical Regulations Division shall

ensure that appropriate restrictive measures are taken in respect of the

product concerned, such as withdrawal of the product from the

Maltese market, without delay.

(13) Where on completion of the procedure set out in sub-

regulations (7) to (9), objections are raised against a measure taken by

Technical Regulations Division, or where the European Commission

considers a national measure to be contrary to European Union

legislation, the European Commission shall without delay enter into

consultation with the Member States and the relevant economic

operator or operators or the private importer and shall evaluate the

national measure. On the basis of the results of that evaluation, the

Commission shall adopt an implementing act determining whether

the national measure is justified or not.

If, on the basis of this evaluation, the national measure is

considered justified, the Technical Regulations Division shall ensure

that the non-compliant product is withdrawn from the Maltese market

and shall inform the European Commission accordingly.

If, on the basis of this evaluation, the national measure is

considered unjustified, the national measure shall be withdrawn.

(14) Without prejudice to sub-regulations (3) to (13), where the

Technical Regulations Division make one of the following findings, it

shall require the relevant economic operator or the private importer to

put an end to the non-compliance concerned

(a)

the CE marking has been affixed in violation of

regulation 17;

(b)

the CE marking has not been affixed;

(c)

the EU declaration of conformity or the declaration

referred to in Schedule III has not been drawn up;

(d)

the EU declaration of conformity or the declaration

referred to in Schedule III has not been drawn up correctly;

(e)

the technical documentation is either not available

or not complete;

(f)

the information referred to in regulation 8(6) or

regulation 10(3) is absent, false or incomplete;

(g)

any other administrative requirement provided for

in regulation 8 or regulation 10 is not fulfilled.

(15) Where the non-compliance referred to in sub-regulation

(14) persists, the Technical Regulations Division shall take all

appropriate measures to restrict or prohibit the product being made

available on the Maltese market or ensure that it is recalled or

withdrawn from the Maltese market, or in the case of a product

imported by a private importer for his own use, that its use is

prohibited or restricted.

The Authority for Transport in Malta shall be the Designation of

designated competent authority in Malta responsible for assigning the the

authority for

unique code of the manufacturer referred to in point 2.1 of Part A of assigning

unique code of

Schedule I.

the

manufacturer.

The penalties applicable for the infringement of any of the Penalties.

provisions of these regulations shall be those provided for in Part IV

of the Product Safety Act.

The Recreational Craft Regulations, 2005, hereinafter Revokes the

referred to as "the revoked regulations", are hereby revoked without Recreational

Craft

prejudice to anything done or omitted to be done thereunder.

Regulations.

L.N. 128 of

2005.

(1)

Any references to the revoked regulations shall be Saving.

construed as references to these regulations.

(2) Any references in existing laws, regulations and

administrative provisions to Directive 94/25/EC shall be construed as

references to Directive 2013/53/EU.

Schedule I

ESSENTIAL REQUIREMENTS

A. Essential requirements for the design and construction of products

referred to in regulation 3(1)

1. WATERCRAFT DESIGN CATEGORIES

Design category

Wind force

Significant wave height

(Beaufort scale)

(H ⅓, metres)

A

exceeding 8

exceeding 4

B

up to, and including, 8

up to, and including, 4

C

up to, and including, 6

up to, and including, 2

D

up to, and including, 4

up to, and including, 0,3

Explanatory notes

A. A recreational craft given design category A is considered to be

designed for winds that may exceed wind force 8 (Beaufort scale) and significant

wave height of 4 m and above but excluding abnormal conditions, such as storm,

violent storm, hurricane, tornado and extreme sea conditions or rogue waves.

B. A recreational craft given design category B is considered to be

designed for a wind force up to, and including, 8 and significant wave height up to,

and including, 4 m.

C. A watercraft given design category C is considered to be designed for a

wind force up to, and including, 6 and significant wave height up to, and including,

2 m.

D. A watercraft given design category D is considered to be designed for a

wind force up to, and including, 4 and significant wave height up to, and including,

0,3 m, with occasional waves of 0,5 m maximum height.

Watercraft in each design category must be designed and constructed to

withstand the parameters in respect of stability, buoyancy, and other relevant

essential requirements listed in this Schedule, and to have good handling

characteristics.

2. GENERAL REQUIREMENTS

2.1. Watercraft identification

Each watercraft shall be marked with an identification number including the

following information

(1) country code of the manufacturer,

(2) unique code of the manufacturer assigned by the authority for transport

in Malta,

(3) unique serial number,

(4) month and year of production,

(5) model year.

Detailed requirements for the identification number referred to in the first

paragraph are set out in the relevant harmonised standard.

2.2. Watercraft builder’s plate

Each watercraft shall carry a permanently affixed plate mounted separately

from the watercraft identification number, containing at least the following

information

(a) manufacturer’s name, registered trade name or registered trade mark, as

well as contact address;

(b) CE marking, as provided for in regulation 17;

(c)

watercraft design category in accordance with Section 1;

(d) manufacturer’s maximum recommended load derived from point 3.6

excluding the weight of the contents of the fixed tanks when full;

(e) number of persons recommended by the manufacturer for which the

watercraft was designed.

In the case of post-construction assessment, the contact details and the

requirements referred to in point (a) shall include those of the notified body which

has carried out the conformity assessment.

2.3. Protection from falling overboard and means of reboarding

Watercraft shall be designed to minimise the risks of falling overboard and to

facilitate reboarding. Means of reboarding shall be accessible to or deployable by a

person in the water unaided.

2.4. Visibility from the main steering position

For recreational craft, 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 product shall be provided with an owner’s manual in accordance with

regulation 8(7) and regulation 10(4). That manual shall provide all the information

necessary for safe use of the product drawing particular attention to set up,

maintenance, regular operation, prevention of risks and risk management.

3. INTEGRITY AND STRUCTURAL REQUIREMENTS

3.1. Structure

The choice and combination of materials and its construction shall ensure

that the watercraft is strong enough in all respects. Special attention shall be paid

to the design category in accordance with Section 1, and the manufacturer’s

maximum recommended load in accordance with point 3.6.

3.2. Stability and freeboard

The watercraft shall have sufficient stability and freeboard considering its

design category in accordance with Section 1 and the manufacturer’s maximum

recommended load in accordance with point 3.6.

3.3. Buoyancy and flotation

The watercraft shall be constructed as to ensure that it has buoyancy

characteristics appropriate to its design category in accordance with Section 1 and

the manufacturer’s maximum recommended load in accordance with point 3.6. All

habitable multihull recreational craft susceptible of inversion shall have sufficient

buoyancy to remain afloat in the inverted position.

Watercraft of less than 6 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 watercraft or its weather tight integrity when closed.

Windows, port lights, doors and hatch covers shall withstand the water

pressure likely to be encountered in their specific position, as well as point loads

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 in accordance with point 3.6, shall be fitted with a means of

shutoff which shall be readily accessible.

3.5. Flooding

All watercraft shall be designed so as to minimise the risk of sinking.

Where appropriate, particular attention shall be paid to

(a) cockpits and wells, which should be self-draining or have other means

of keeping water out of the watercraft interior;

(b) ventilation fittings;

(c)

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 watercraft was

designed, shall be determined in accordance with the design category (Section 1),

stability and freeboard (point 3.2) and buoyancy and flotation (point 3.3).

3.7. Life raft stowage

All recreational craft of design categories A and B, and recreational craft of

design categories C and D longer than 6 metres shall be provided with one or more

stowage points for a life raft (life rafts) large enough to hold the number of persons

the recreational craft was designed to carry as recommended by the manufacturer.

Life raft stowage point(s) shall be readily accessible at all times.

3.8. Escape

All habitable multihull recreational craft susceptible of inversion shall be

provided with viable means of escape in the event of inversion. Where there is a

means of escape provided for use in the inverted position, it shall not compromise

the structure (point 3.1), the stability (point 3.2) or buoyancy (point 3.3) whether

the recreational craft is upright or inverted.

Every habitable recreational craft shall be provided with viable means of

escape in the event of fire.

3.9. Anchoring, mooring and towing

All watercraft, 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

watercraft are satisfactory with the most powerful propulsion engine for which the

watercraft is designed and constructed. For all propulsion engines, the maximum

rated engine power shall be declared in the owner’s manual.

5. INSTALLATION REQUIREMENTS

5.1. Engines and engine compartments

5.1.1. Inboard engine

All inboard mounted engines shall be placed within an enclosure separated

from living quarters and installed so as to minimise 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 the engine compartment shall not sustain

combustion.

5.1.2. Ventilation

The engine compartment shall be ventilated. The ingress of water into the

engine compartment through openings must be minimised.

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 propulsion engine starting

Every outboard propulsion engine fitted on any watercraft shall have a device

to prevent the engine being started in gear, except

(a)

when the engine produces less than 500 Newton’s (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.

5.1.5. Personal watercraft running without driver

Personal watercraft shall be designed either with an automatic propulsion

engine cut-off or with an automatic device to provide reduced speed, circular,

forward movement when the driver dismounts deliberately or falls overboard.

5.1.6. Tiller-controlled outboard propulsion engines shall be equipped with

an emergency stopping device which can be linked to the helmsman.

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 minimise 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 in accordance with their capacity and the type of fuel.

Petrol fuel tank spaces shall be ventilated.

Petrol fuel tanks shall not form part of the hull and shall be

(a) protected against fire from any engine and from all other sources of

ignition;

(b) separated from living quarters.

Diesel fuel tanks may be integral with the hull.

5.3. Electrical system

Electrical systems shall be designed and installed so as to ensure proper

operation of the watercraft under normal conditions of use and shall be such as to

minimise risk of fire and electric shock.

All electrical circuits, except engine starting circuits supplied from batteries,

shall remain safe when exposed to overload.

Electric propulsion circuits shall not interact with other circuits in such a way

that either would fail to operate as intended.

Ventilation shall be provided to prevent the accumulation of explosive 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 and propulsion control systems shall be designed, constructed and

installed in order to allow the transmission of steering loads under foreseeable

operating conditions.

5.4.2. Emergency arrangements

Every sailing recreational craft and single-propulsion engine non-sailing

recreational craft with remote-controlled rudder steering systems shall be provided

with emergency means of steering the recreational 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 gas appliance intended by the manufacturer for the application for

which it is used shall be so installed in accordance with the manufacturer’s

instructions. 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 watercraft 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.

In particular, any permanently installed 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 watercraft 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 routing of electrical wiring

in particular away from heat sources and hot areas.

5.6.2. Fire-fighting equipment

Recreational 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

compartments shall be protected by a fire extinguishing system that avoids the

need to open the compartment 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 recreational craft.

5.7. Navigation lights, shapes and sound signals

Where navigation lights, shapes and sound signals are fitted, they shall

comply with the 1972 COLREG (The International Regulations for Preventing

Collisions at Sea) or CEVNI (European Code for Interior Navigations for inland

waterways) Regulations as appropriate.

5.8. Discharge prevention and installations facilitating the delivery ashore of

waste

Watercraft shall be constructed so as to prevent the accidental discharge of

pollutants (oil, fuel, etc.) overboard.

Any toilet fitted in a recreational craft shall be connected solely to a holding

tank system or water treatment system.

Recreational craft with installed holding tanks shall be fitted with a standard

discharge connection to enable pipes of reception facilities to be connected with

the recreational 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.

B.

Essential requirements for exhaust emissions from propulsion engines

Propulsion engines shall comply with the essential requirements for exhaust

emissions set out in this Part.

1. PROPULSION ENGINE IDENTIFICATION

1.1. Each engine shall be clearly marked with the following information

(a) engine manufacturer’s name, registered trade name or registered trade

mark and contact address; and, if applicable, the name and contact address of the

person adapting the engine;

(b) engine type, engine family, if applicable;

(c)

a unique engine serial number;

(d) CE marking, as provided for in regulation 17.

1.2. The marks referred to in point 1.1 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.

1.3. The marks must be secured to an engine part necessary for normal

engine operation and not normally requiring replacement during the engine life.

1.4. The marks must be located so as to be readily visible after the engine

has been assembled with all the components necessary for engine operation.

2. EXHAUST EMISSION REQUIREMENTS

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 point 2.1, Table 1 and point 2.2, Tables 2 and 3

2.1. Values applying for the purposes of regulation 2(3) and Table 2 of point

Table 1

(g/kWh)

Nitrogen

Particulates

Carbon monoxide

Hydrocarbons

oxides

PT

Type

NO x

n

n

CO = A + B/P N

HC = A + B/P N

A

B

n

A

B

n

Two-

150,0

600,0 1,0

30,0

100,0 0,75

10,0

Not

stroke

applicable

spark

ignition

Four-

150,0

600,0 1,0

6,0

50,0

0,75

15,0

Not

stroke

applicable

spark

ignition

Com-

5,0

1,5

2,0

0,5

9,8

1,0

pression

ignition

Where A, B and n are constants in accordance with the table, PN is the rated

engine power in kW.

2.2. Values applying from 18 January 2016

Table 2

Exhaust emission limits for compression ignition (CI) engines 1

Swept Volume

Rated Engine

Particulates

Hydrocarbons +

SV

Power

PT

Nitrogen Oxides

(L/cyl)

P N

(g/kWh)

HC + NO x

(kW)

(g/kWh)

SV < 0,9

P N < 37

The values referred to in table 1

37 < P N < 75 2

0,30

4,7

75 < P N < 3 700

0,15

5,8

0,9 < SV < 1,2

P N < 3 700

0,14

5,8

1,2 < SV < 2,5

0,12

5,8

2,5 < SV < 3,5

0,12

5,8

3,5 < SV < 7,0

0,11

5,8

1. Any compression-ignition engine shall not exceed a Carbon monoxide (CO) emission limit of 5,0 g/kWh

2. Alternatively, compression-ignition engines with rated engine power at or above 37 kW and below 75 kW and

with a swept volume below 0,9 L/cyl shall not exceed a PT emission limit of 0,20 g/kWh and a combined

emission limit of 5,8 g/kWh.

Table 3

Exhaust emission limits for spark ignition (SI) engines

Type of engine

Rated Engine

Carbon

Hydrocarbons +

Power P N (kW) monoxide

Nitrogen Oxides

CO

HC + NO x

(g/kWh)

(g/kWh)

P N < 373

Stern-drive and

373 < P N < 485 350

inboard engines

P N > 485

Outboard engines P N < 4.3

500 - (5.0 x P N ) 30

and PWC engines

4,3 < P N < 40

500 - (5.0 x P N )

( P

)

15,7 +

0,9

N

P N > 40

( P

)

15,7 +

0,9

N

2.3. Test cycles

Test cycles and weighting factors to be applied

The following requirements of ISO standard 8178-4:2007 shall be used,

taking into account the values set out in the table below.

For variable speed CI engines test cycle E1 or E5 shall be applied or

alternatively, above 130 kW, test cycle E3 may be applied. For variable speed SI

engines test cycle E4 shall be applied.

Cycle E1, Mode number

Speed

Rated speed

Intermediate speed

Low-idle speed

Torque, %

Weighting factor

0,08

0,11

0,19

0,32

0,3

Speed

Rated speed

Intermediate speed

Low-idle speed

Cycle E3, Mode number

Speed, %

Power, %

Weighting factor

0,2

0,5

0,15

0,15

Cycle E4, Mode number

Speed, %

Idle

Torque, %

71,6

46,5

25,3

Weighting factor

0,06

0,14

0,15

0,25

0,40

Cycle E5, Mode number

Speed, %

Idle

Power, %

Weighting factor

0,08

0,13

0,17

0,32

0,3

Notified bodies may accept tests carried out on the basis of other tests cycles

as specified in a harmonised standard and as applicable for the engine duty cycle.

2.4. Application of the propulsion engine family and choice of parent

propulsion engine

The engine manufacturer shall be responsible for defining those engines from

his range which are to be included in an engine family.

A parent engine shall be selected from an engine family in such a way that its

emissions characteristics are representative for all engines in that engine family.

The engine incorporating those features that are expected to result in the highest

specific emissions (expressed in g/kWh), when measured on the applicable test

cycle, should normally be selected as the parent engine of the family.

2.5. Test fuels

The test fuel used for exhaust emission testing shall meet the following

characteristics

Petrol Fuels

Property

RF-02-99

RF-02-03

Unleaded

Unleaded

min

max

min

max

Research Octane Number (RON)

-

-

Motor Octane Number (MON)

-

-

Density at 15ºC (kg/m 3 )

Initial boiling point (ºC)

Mass fraction of sulphur (mg/kg)

-

-

Lead content (mg/l)

-

-

Reid vapour pressure (kPa)

-

-

Vapour pressure (DVPE) (kPa)

-

-

Diesel Fuels

Property

RF-06-99

RF-06-03

min

max

min

max

Cetane number

Density at 15ºC (kg/m 3 )

Final boiling point (ºC)

-

-

Flash point (ºC)

-

-

Mass fraction of sulphur (mg/kg)

To be

300 (50)

-

reported

Mass fraction of ash (%)

To be

0,01

-

0,01

reported

Notified bodies may accept tests carried out on the basis of other tests fuel as

specified in a harmonised standard.

3. DURABILITY

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 limits set out in points 2.1 and 2.2 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 as follows

(a)

For CI engines: 480 hours of operation or 10 years, whichever occurs

first;

(b) For SI inboard or stern drive engines with or without integral exhaust

(i)

for the engine category P N < 373 kW

: 480 hours of operation or 10 years, whichever occurs first,

(ii)

for engines in the category 373 < P N < 485 kW

: 150 hours of operation or three years, whichever occurs first,

(iii)

for the engine category P N < 485 kW

: 50 hours of operation or one year, whichever occurs first;

(c) personal watercraft engines: 350 hours of operation or five years,

whichever occurs first;

(d) outboard engines: 350 hours of operation or 10 years, whichever occurs

first

4. OWNER’S MANUAL

Each engine shall be provided with an owner’s manual in a language or

languages which can be easily understood by consumers and other end-users, as

determined by the Member State in which the engine is to be marketed.

The owner’s manual shall

(a) provide instructions for the installation, use and maintenance needed to

assure the proper functioning of the engine to meet the requirements of Section 3

(Durability);

(b) specify the power of the engine when measured in accordance with the

harmonised standard.

C.

Essential requirements for noise emissions

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 essential requirements for noise emissions

set out in this Part.

1. NOISE EMISSION LEVELS

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 shall not exceed the limit values in the following table

Rated Engine Power

Maximum Sound Pressure Level = L pASmax

(single engine)

In dB

In kW

P N < 10

10 < P N < 40

P N > 40

where P N = rated engine power in kW of a single engine 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 the noise requirements set out in point 1.1

if they have a Froude number of ≤ 1,1 and a Power to Displacement ratio of ≤ 40

and where the engine and exhaust system are installed in accordance with the

engine manufacturer’s specifications.

1.3. ‘Froude number’ F n shall be calculated by dividing the maximum

recreational craft speed V (m/s) by the square root of the waterline length lwl (m)

multiplied by a given gravitational acceleration constant, g, of 9,8 m/s 2 .

V

F n =

√ g.lwl

‘Power to Displacement ratio’ shall be calculated by dividing the rated

engine power P N (in kW) by the recreational craft’s displacement D (in tonnes)

P N

Power to Displacement ratio =

D

2. OWNER’S MANUAL

For recreational craft with inboard engine or stern drive engines without

integral exhaust and personal watercraft, the owner’s manual required under point

2.5 of Part A, shall include information necessary to maintain the recreational 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 and stern drive engines with integral exhaust, the

owner’s manual required under Section 4 of Part B shall provide the instructions

necessary to maintain the engine in a condition, that insofar as is practicable, will

ensure compliance with the specified noise limit values when in normal use.

3. DURABILITY

The provisions on the durability in Section 3 of Part B shall apply mutatis

mutandis to the compliance with the requirements on noise emissions set out in

Section 1 of this part.

Schedule II

COMPONENTS OF WATERCRAFT

(1) Ignition-protected equipment for inboard and stern drive petrol engines

and petrol tank spaces;

(2) Start-in-gear protection devices for outboard engines;

(3) Steering wheels, steering mechanisms and cable assemblies;

(4) Fuel tanks intended for fixed installations and fuel hoses;

(5) Prefabricated hatches, and port lights.

Schedule III

DECLARATION BY THE MANUFACTURER OR THE IMPORTER OF THE

PARTLY COMPLETED WATERCRAFT (REGULATION 7(2))

The declaration by the manufacturer or the importer established in the

European Union referred to in regulation 7(2) shall contain the following

(a) the name and address of the manufacturer;

(b) the name and address of the representative of the manufacturer

established in the Union or, if appropriate, of the person responsible for the placing

on the market;

(c)

a description of the partly completed watercraft;

(d) a statement that the partly completed watercraft complies with the

essential requirements that apply at this stage of construction; this shall include

references to the relevant harmonised standards used, or references to the

specifications in relation to which compliance is declared at this stage of

construction; furthermore, it is intended to be completed by other legal or natural

persons in full compliance with these regulations.

Schedule IV

EU DECLARATION OF CONFORMITY No xxxxx 1

1. No xxxxx (Product: product, batch, type, or serial number)

2. Name and address of the manufacturer or his authorised representative

[The authorised representative must also give the business name and address of the

manufacturer] or the private importer.

3. This declaration of conformity is issued under the sole responsibility of

the manufacturer or the private importer or the person referred to in Article 19(3)

or (4) of Directive 2013/53/EU.

4. Object of the declaration (identification of product allowing traceability.

It may include a photograph, where appropriate)

5. The object of the declaration described in point 4 is in conformity with

the relevant Union harmonisation legislation

6. References to the relevant harmonised standards used or references to

the other technical specifications in relation to which conformity is declared

7. Where applicable, the notified body ................. (name, number)

performed ........................ (description of intervention) and issued the certificate

8. Identification of the person empowered to sign on behalf of the

manufacturer or his authorised representative

9. Additional information

The EU declaration of conformity shall include a statement of the propulsion

engine manufacturer and that of the person adapting an engine in accordance with

points (b) and (c) of regulation 7(4) that

(a)

when installed in a watercraft, in accordance with the

installation instructions accompanying the engine, the engine will meet

(i)

the exhaust emission requirements of these regulations;

(ii) the limits of Directive 97/68/EC as regards engines type-

approved in accordance with Directive 97/68/EC which are in

compliance with stage III A, stage III B or stage IV emission limits for

CI engines used in other applications than propulsion of inland

waterway vessels, locomotives and railcars, as provided for in point

4.1.2 of Annex I to that Directive; or

It is optional to assign a number to the declaration of conformity.

(iii) the limits of Regulation (EC) No 595/2009 as regards

engines type-approved in accordance with that Regulation.

The engine must not be put into service until the watercraft into which it is to

be installed has been declared in conformity, if so required, with the relevant

provision of this Directive.

If the engine has been placed on the market during the additional transitional

period provided for in regulation 2(3), the EU declaration of conformity shall

contain an indication thereof.

Signed for and on behalf of

(place and date of issue)

(name, function) (signature)

Schedule V

EQUIVALENT CONFORMITY BASED ON POST-CONSTRUCTION

ASSESSMENT (MODULE PCA)

1. Conformity based on post-construction assessment is the procedure to

assess the equivalent conformity of a product for which the manufacturer has not

assumed the responsibility for the product’s conformity with these regulations, and

whereby a natural or legal person referred to in regulation 18(2), (3) or (4) who is

placing the product on the market or putting it into service under his own

responsibility is assuming the responsibility for the equivalent conformity of the

product. This person shall fulfill the obligations laid down in points 2 and 4 and

ensure and declare on his sole responsibility that the product concerned, which has

been subject to the provisions of point 3, is in conformity with the applicable

requirements of these regulations.

2. The person who is placing the product on the market or putting it into

service shall lodge an application for a post- construction assessment of the

product with a notified body and must provide the notified body with the

documents and technical file enabling the notified body to assess the conformity of

the product with the requirements of these regulations and any available

information on the use of the product after its first putting into service.

The person who is placing such a product on the market or putting it into

service shall keep these documents and information at the disposal of the relevant

national authorities for 10 years after the product has been assessed on its

equivalent conformity in accordance with the post-construction assessment

procedure.

3. The notified body shall examine the individual product and carry out

calculations, tests and other assessments, to the extent necessary to ensure that the

equivalent conformity of the product with the relevant requirements of these

regulations is demonstrated.

The notified body shall draw up and issue a certificate and a related report of

conformity concerning the assessment carried out and shall keep a copy of the

certificate and related report of conformity at the disposal of the national

authorities for 10 years after it has issued these documents.

The notified body shall affix its identification number next to the CE marking

on the approved product or have it affixed under its responsibility.

In case the assessed product is a watercraft, the notified body shall also have

affixed, under his responsibility, the watercraft identification number as referred to

in point 2.1 of Part A of Schedule I, whereby the field for the country code of the

manufacturer shall be used to indicate the country of establishment of the notified

body and the fields for the unique code of the manufacturer assigned by the

Authority for Transport in Malta to indicate the post- construction assessment

identification code assigned to the notified body, followed by the serial number of

the post- construction assessment certificate. The fields in the watercraft

identification number for the month and year of production and for the model year

shall be used to indicate the month and year of the post-construction assessment.

4. CE marking and EU declaration of conformity

4.1. The person who is placing the product on the market or putting it into

service shall affix the CE marking and, under the responsibility of the notified

body referred to in Section 3, the latter’s identification number to the product for

which the notified body has assessed and certified its equivalent conformity with

the relevant requirements of these regulations.

4.2. The person who is placing the product on the market or putting it into

service shall draw up an EU declaration of conformity and keep it at the disposal

of the national authorities for 10 years after the date the post-construction

assessment certificate has been issued. The declaration of conformity shall identify

the product for which it has been drawn up.

A copy of the EU declaration of conformity shall be made available to the

relevant authorities upon request.

4.3. In the case the assessed product is a watercraft, the person who is

placing the watercraft on the market or putting it into service shall affix to the

watercraft the builder’s plate described in point 2.2 of Part A of Schedule I, which

shall include the words ‘post-construction assessment’, and the watercraft

identification number described in point 2.1 of Part A of Schedule I, in accordance

with the provisions set out in Section 3.

5. The notified body shall inform the person who is placing the product on

the market or putting it into service of his obligations under this post-construction

assessment procedure.

Schedule VI

SUPPLEMENTARY REQUIREMENTS WHEN INTERNAL PRODUCTION

CONTROL PLUS SUPERVISED PRODUCTION TESTS SET OUT IN

MODULE A1 IS USED (REGULATION 23(2))

Design and construction

On one or several watercrafts 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 in accordance with point 3.2 of Part A of Schedule I;

(b) test of buoyancy characteristics in accordance with point 3.3 of Part A

of Schedule I.

Noise emissions

For recreational craft fitted with inboard or stern drive engines without

integral exhaust and for personal watercraft, on one or several watercraft

representing the production of the watercraft manufacturer, the sound emission

tests defined in Part C of Annex I shall be carried out by the watercraft

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 Part C of Schedule I 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 Schedule VII shall be applied to ensure conformity of the

sample.

Schedule VII

CONFORMITY OF PRODUCTION ASSESSMENT FOR EXHAUST

AND NOISE EMISSIONS

1. For verifying the conformity of an engine family, a sample of engines

shall be taken from the series. The manufacturer shall decide the size (n) of the

sample, in agreement with the notified body.

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

X + k.S < L

S is standard deviation, where

Σ (x - X) / (n - 1)

S 2 =

X = the arithmetical mean of the results obtained from the sample

x = the individual results obtained from the sample

L = the appropriate limit value

n = the number of engines in the sample

k = statistical factor depending on n (see table below)

0,973

0,613

0,489

0,421

0,376

0,342

0,317

0,296

0,279

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 .

Schedule VIII

SUPPLEMENTARY PROCEDURE TO BE APPLIED UNDER CONFORMITY

TO TYPE BASED ON INTERNAL PRODUCTION CONTROL (MODULE C)

In the cases referred to in regulation 23(5) when the quality level appears

unsatisfactory, the following procedure shall apply

An engine is taken from the series and subjected to the test described in Part

B of Schedule I. Test engines shall have been run in, partially or completely, in

accordance with the manufacturer’s specifications. If the specific exhaust

emissions of the engine taken from the series exceed the limit values in accordance

with Part B of Schedule I, 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 with the requirements of

these regulations, the statistical method described in Schedule VII shall be applied.

Schedule IX

SUPPLEMENTARY PROCEDURE TO BE APPLIED UNDER CONFORMITY

TO TYPE BASED ON INTERNAL PRODUCTION CONTROL (MODULE C)

The technical documentation referred to in regulation 8(2) and regulation 24

shall, as far as it is relevant for the assessment, contain the following

(a) A general description of the type;

(b) Conceptual design and manufacturing drawings and schemes of

components, sub-assemblies, circuits, and other relevant data;

(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 regulation 15, applied in full or in

part, and descriptions of the solutions adopted to fulfil the essential requirements

when the standards referred to in regulation 15 have not been applied;

(e) Results of design calculations made, examinations carried out and other

relevant data;

(f) Test reports, or calculations namely on stability in accordance with

point 3.2 of Part A of Schedule I and on buoyancy in accordance with point 3.3 of

Part A of Schedule I;

(g) Exhaust emissions test reports demonstrating compliance with Section 2

of Part B of Schedule I;

(h) Sound emissions test reports demonstrating compliance with Section 1

of Part C of Schedule I.

€2.34