A consultation document on the Revision of the Recreational Crafts Directive 94/25/EC

Background
Commission Proposal COM(2011) 456 was published in the Official Journal of the EU on the 26thJuly 2011. This proposal will revise and repeal the current Directive governing the placing on the market of recreational crafts, personal watercrafts and their engines. The proposal first needs to be discussed at European Parliament and Council of Ministers level before being formally adopted as a new Directive. Once adopted, further transitional periods would be expected.
The purpose of this consultation is to obtain feedback from stakeholders in order to draft Malta’s position for discussions at Council level. Following adoption of the proposal, amendments to the provisions will not be permitted.
Directive 94/25/EC, currently implemented in Malta as Legal Notice 128 of 2005, together with COM(2011) 456 can be found on:

Key points Proposed for Revision
The main changes being proposed at this stage are:
-Stricter exhaust emission limits for engines, in view of health benefits to users, preservation of the marine environment and also improve the air quality in areas where crafts are concentrated (such as holiday resorts). Importers are strongly advised to contact their respective suppliers and manufacturers to ensure that they can provide them with products (in particular 2-stroke engines) that are compliant to these new provisions;
-Alignment of exhaust and noise emission requirements with those in the USA, thus allowing manufacturers to save costs and become more competitive by being able to serve the world market with a single production line;
-New constructional safety requirements to reflect newer technologies;
-Clarification of obligations of economic operators, rules for affixing of the CE-marking and obligations on Member States with respect to market surveillance.
Who will be affected?
Competent Authorities, Manufacturers, Authorised Representatives, Notified Bodies, Importers, Distributors and Users of watercrafts.
What products will be affected?
The following products fall under the scope of the regulations:
  • Recreational Crafts- any boat of any type intended for sports and leisure purposes of hull length from 2.5m to 24m, regardless of the means of propulsion;
  • Personal Watercraft (PWC) - a watercraft intended for sports and leisure purposes of less than 4m in length which uses an internal combustion engine having a water jetpump as its primary source of propulsion and designed to be operated by a person orpersons sitting, standing or kneeling on, rather than within the confines of, a hull;
  • Propulsion Engine- any spark or compression ignition, internal combustionengine used for propulsion purposes;
  • Partly completed recreational crafts;
  • Components of watercrafts - Ignition-protected equipment for inboard and stern drive petrol engines and petrol tank spaces; Start-in-gear protection devices for outboard engines; Steering wheels, steering mechanisms and cable assemblies; Fuel tanks intended for fixed installations and fuel hoses;Prefabricated hatches and port lights.

Deadline for Feedback
Feed back to arrive at our offices byFriday 14th October 2011.
Contact Details
Feedback or requests for clarifications are to be addressed to:
Technical Regulations Division,
MALTA COMPETITION & CONSUMER AFFAIRS AUTHORITY,
Second Floor, Evans Building, Merchants Street,
Valletta, VLT 1179,
Malta
Emails: ;
;

We Welcomeand Value your Feedback:
Are you a:
 Manufacturer
 Importer
 Distributor
 Consumer
 Other: ______
of watercrafts? (please tick where applicable)
DEFINITIONS – Article 3:
The general concepts of the Directive have been aligned with the “new legal framework” for products falling under a CE-marking Directive (Decision EC 768/2008), in particular:
  • "making available on the market" means any supply of a product for distribution, consumption or use on the Union market, whether in return for payment or free of charge;
  • "placing on the market" means the first making available of a product on the Union market;
  • “putting into service” means the first use of a product covered by the Directive in the Union by its end user;
  • "importer" means any natural or legal person established within the Union who places a product from a third country on the Union market;
  • "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;
  • "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;
  • "CE marking" means a marking by which the manufacturer indicates that the product is in conformity with the applicable requirements set out in Union harmonization legislation providing for its affixing.

OBLIGATIONS OF MANUFACTURERS – Article 7:
In general, these obligations have only been clarified. No new significant obligations have been introduced. The main requirements are:
  • Ensure that the product has been designed and manufactured in accordance with the essential safety requirements of Annex I;
  • Draw up technical documentation in accordance with Article 26;
  • Carry out the applicable conformity assessment procedure in accordance with Articles 20-25;
  • Draw up an EU Declaration of Conformity as specified in Article 16 and Annex IV;
  • Ensure product is displays all the labelling requirements, such as name and address of manufacturer;
  • Affix the CE-marking;
  • Ensure the product is accompanied by instructions and safety information;
  • Keep technical documentation and copy of the EU Declaration of Conformity for 10yrs after the product has been placed on the market;
  • Keep a register of consumer complaints;
  • Identify economic operators to whom they have supplied a product;
  • Fully co-operate with market surveillance authorities.

OBLIGATIONS OF IMPORTERS – Article 9:
The role of importers has been clarified and given more prominence. Main requirements are:
  • Place only compliant products on the market;
  • Before placing a product on the market, ensure that the appropriate conformity assessment procedure has been carried out by the manufacturer, that the manufacturer has drawn up the technical documentation, that the product bears the CE marking and is accompanied by the Declaration of Conformity and instructions manual;
  • Indicate their name and address on the product or, in case of components where that is not possible, on its packaging or in a document accompanying the product;
  • Keep a copy of documentation related to the product for a period of 10 years after the product has been placed on the market;
  • Identify economic operators who have supplied them with a product;
  • Identify economic operators to whom they have supplied a product;
  • Fully co-operate with market surveillance authorities;
  • In cases where the importer places a product on the market under his own name or modifies a product already on the market, the importer shall be legally considered as a manufacturer.

OBLIGATIONS OF DISTRIBUTORS – Article 10:
The role of distributors has also been clarified. Main requirements are:
  • Beforemaking a product available on the market, verify that the product bears the CE marking and is accompanied by the Declaration of Conformity and instructions manual;
  • Keep a copy of documentation related to the product for a period of 10 years after the product has been placed on the market;
  • Identify economic operators who have supplied them with a product;
  • Identify economic operators to whom they have supplied a product;
  • Fully co-operate with market surveillance authorities;
  • In cases where the distributor places a product on the market under his own name or modifies a product already on the market, the distributor shall be legally considered as a manufacturer.

POST-CONSTRUCTION ASSESSMENT – Articles3, 12, 13, 16, 20, Annex IV, V:
In certaincircumstances, if neither the manufacturer nor his authorised representative has carried out the conformity assessment for the product concerned, the responsible person must carry out the procedure known as “Post-Construction Assessment” (PCA). This option is already available in the current regulations, but the provisions have been clarified and the scope of PCA has been restricted only to the following situations:
(a)Non-commercial imports from outside the EU for own use (private importers);
(b)Following a major engine or watercraft modification or conversion;
(c)Cases where the original intended purpose of a watercraft not covered by the scope of the Directive is changed in a way that it will now fall under its scope;
(d)Any person placing on the market a watercraft built for own use before the end of the 5yr period mentioned in Article 2.2(a)(vii).
During PCA, the responsible person assumes all the responsibilities of the manufacturer, including:
  • Assume responsibility for the compliance of the product;
  • Lodge an application for a PCA of the product with a Notified Body and 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 this Directive and any available information on the use of the product after its first putting into service;
  • Establish technical documentation for the product. If the required technical documentation is not available from the original manufacturer, the responsible person shall have it drawn up using appropriate expertise, which may include a Notified body which is not involved in the conformity assessment of the product concerned;
  • Keep all documents and information, including the Notified Body PCA certificate, at the disposal of the relevant national authorities for 10 years after the product has been assessed;
  • Ensure that the name and address of the Notified Body is marked on the product;
  • Affix the watercraft identification code, where applicable;
  • Affix the CE-marking;
  • Affix the Builder’s plate, which shall include the words “Post-Construction Assessment”
  • Draw up the EU Declaration of Conformity as per Annex IV, and keep it at the disposal of authorities for at least 10yrs;
  • Identify the economic operator who has supplied them with the product;
  • Fully co-operate with market surveillance authorities.

DESIGNATION OF NOTIFIED BODIES – Articles 27-44:
Extensive new regulations have been introduced (following alignment to Decision EC 768/2008) relating to the designation process of Notified Bodies, covering aspects such as ensuring competence, avoiding conflicts of interest, ensuring financial independence, control of sub-contracted testing, information obligations and co-operation with other Notified Bodies.
MARKET SURVEILLANCE – Articles 45-48, 53:
Alignment to Decision EC 768/2008 also clarified and strengthened the obligations on Member States on how to carry out market surveillance. These articles provide the procedures on how to deal with non-compliant products found on the market. Every 5yrs, the market surveillance authorities will be required to submit a report on the application of the Directive to the European Commission.
TRANSITIONAL PERIODS – Articles 57-58:
A total transitional period of 2yrs (from when the adopted proposal is published as a new Directive) is being proposed for the new requirements to enter into force.
Outboard spark-ignition engines with power below 15kW, manufactured by small and medium-sized enterprises as defined in Commission recommendation 2003/361/EC, which comply with the so-called “Stage 1” exhaust emission limits,can be placed on the market up to an additional 2yrs transitional period (total 4yrs).
INSTALLATION REQUIREMENTS – Annex I, Part A, Section 5.8:
Amongst the main changes related to essential safety requirements is the presence of a holding tank or water treatment system being changed into a mandatory, rather than optional, requirement for watercraft fitted with toilets.
EXHAUST EMISSION REQUIREMENTS – Annex I, Part B, Section 2:
Limits for carbon monoxide, hydrocarbons, nitrogen oxides and particulate matter emissions from engines have been divided into 2 tables, to reflect the additional transitional period for SMEs, as described above for Article 58. Moreover, characteristics of test cycles and test fuels have been harmonised to ensure that results obtained by different manufacturers can be correlated.
Local importers are strongly advised to contact their respective suppliers and manufacturers to ensure that they can provide them with products (in particular 2-stroke engines) that are compliant to these new provisions.
ENGINE DURABILITY – Annex I, Part B, Section 3:
Normal life expectancies for spark ignition inboard engines was drastically reduced for high-power categories (from 480hrs/10yrs to 50hrs/1yr).
NOISE EMISSION LIMITS – Annex I, Part C, Section 1:
These limits have not changed. The status quo was chosen as the preferred regulatory option since it does not entail compliance costs and provides the possibility to achieve greater environmental benefits through tailor-made national measures (more leeway for Member States). Noise emissions depends on operation and weather conditions, not only type of engine. In fact, if only measures to modify the engines are introduced, the maximum achievable sound reduction was estimated to be only around 3dB for high power outboard engines, and this would not be justified in view of the increased costs related to R&D.
EU DECLARATION OF CONFORMITY – Annex IV:
In addition to the current requirements, the Declaration of Conformity must now also include:
  • A unique identification of the product (type, serial number, etc);
  • A specific statement declaring that the document is being issued under the sole responsibility of the manufacturer or private importer (as applicable);
  • The Declaration of Conformity may include a photograph, where appropriate, to allow traceability of the product;
  • An indication whether the engine, where applicable, has been placed on the market under the additional transitional period provided for in Article 58.

Any Further comments in general or Additional Suggestions on other Provisions in the Current Legislation/Proposal?
Request a “one-to-one” meeting?
 Yes  No
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Company:
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Initial Consultation Document ref: ICD 18/201116/09/2011 Page 1 of 11