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41. Regulation of the Federal Minister for Science, Research and Economics on the requirements of recreational craft and hydromotorbikes (Swedish Regulation 2015 – SpBV 2015)
On the basis of § 2(2). 1 of the machinery – transport and notification G – MING, BGBl. I No 77/2015, will be prescribed:
Contents
1. Section | |
§ 1. | Purpose, implementation of EU law |
§ 2. | Scope |
§ 3. | Definition provisions |
§ 4. | Basic requirements |
§ 5. | National provisions for shipping |
§ 6. | Free movement of goods |
2. Section | |
§ 7. | Manufacturers' obligations |
§ 8. | Representative |
§ 9. | Obligations of importers |
§ 10. | Obligations of traders |
§ 11. | Cases in which the obligations of the manufacturer also apply to importers and distributors |
§ 12. | Obligations of private importers |
§ 13. | Identification of economic actors |
3. Section | |
§ 14. | Conformity presumption |
§ 15. | EU declaration of conformity and declaration set out in Annex III |
§ 16. | General principles of CE marking |
§ 17. | Products for which CE marking is required |
§ 18. | Rules and conditions for placing CE marking |
4. Section | |
§ 19. | Excessive conformity assessment procedures |
§ 20. | Design and construction |
§ 21. | exhaust emissions |
§ 22. | Noise emissions |
§ 23. | Assessment after construction |
§ 24. | Additional requirements |
§ 25. | Technical documents |
5. Section | |
§ 26. | Information obligations of the notifying authority |
§ 27. | Requirements for notified bodies |
§ 28. | Conformity presumption |
§ 29. | subsidiaries of notified bodies and subcontracting |
§ 30. | Notification procedures |
§ 31. | Numbers and directory of notified bodies |
§ 32. | Changes in notifications |
§ 33. | Appeal of the competence of notified bodies |
§ 34. | Obligations of notified bodies regarding their work |
§ 35. | Notification obligations of notified bodies |
§ 36. | Coordination of notified bodies |
6. Section | |
§ 37. | Monitoring of the Union market and control of products imported on the Union market |
§ 38. | Procedures for the treatment of products with a risk |
§ 39. | Formal non-compliance |
§ 40. | Reporting |
7. Section | |
§ 41. | Entry into force |
§ 42. | Transitional provisions |
§ 43. | Language equality |
List of Annexes |
Annex | I | Basic requirements |
Annex | II | Components for watercraft |
Annex | III | Statement by the manufacturer or importer of incomplete watercraft (§ 6(2)) |
Annex | IV | EU declaration of conformity |
Annex | V | Equivalent conformity on the basis of evaluation after construction (modul PCA) |
Annex | VI | Additional requirements for the application of module A1 (Internal production control with supervised product tests) (§ 24(2)) |
Annex | VII | Testing production on compliance with exhaust and noise requirements |
Annex | VIII | Additional procedures for using module C (conformity with type of construction based on internal production control) |
Annex | IX | Technical documents |
1. Section
General provisions
Purpose, implementation of EU law
§ 1. (1) The purpose of this Regulation is to ensure that the § 2(2)(s). 1 of these products will only be placed on the market or made available on the market if they meet the requirements of the products in paragraph. This Directive is in line with a high level of protection for human health and safety, as well as for goods and the environment, while guaranteeing the functioning of the internal market.
(2) This Regulation repeals Directive 2013/53/EU on recreational craft and hydromotorbikes and repeals Directive 94/25/EC, OJ No. No. L 354 of 28.12.2013 S. 90 in Austrian law.
(3) The products referred to in this Regulation shall be covered by watercraft in accordance with Section 3 Z 1, including those intended for these particular engines and components within the meaning of Section 2(1).
Scope
§ 2. (1) This Regulation applies to:
1. | recreational craft and incomplete recreational craft; | |||||||||
2. | hydromotors and incomplete hydromotors; | |||||||||
3. | components listed in Annex II if they are placed on the Union market independently (hereinafter referred to as "components"); | |||||||||
4. | propulsion engines grown or used in water vehicles. or specially designed for cultivation. installation in these vehicles; | |||||||||
5. | propulsion engines grown or installed in water vehicles, where a major overhaul of the engine is made; | |||||||||
6. | watercraft where a major change is made; | |||||||||
7. | Watercraft that can also be used for charter or recreational purposes, provided they are placed on the Union market for leisure purposes. | |||||||||
(2) This Regulation does not apply to:
1. | concerning the requirements for design and construction set out in Part A of Annex I: | |||||||||
(a) | exclusively for racing certain and watercraft labelled by the manufacturer, including racing boats and training steering boats; | |||||||||
(b) | canoes and canals that are designed exclusively by muscle power, as well as melons and ski boats; | |||||||||
(c) | surfboarders that are exclusively designed for wind advances and served by one or more people; | |||||||||
(d) | surfboards; | |||||||||
(e) | historically original watercrafts and mainly original materials and, according to labelled individual replicas of historic watercraft designed in 1950; | |||||||||
(f) | experimentally used water vehicles unless they are placed on the Union market; | |||||||||
(g) | watercraft built for self-use, if they are placed on the Union market for a period of five years, not later than the commissioning of the watercraft; | |||||||||
(h) | Water vehicles for the specific purpose of being occupied by a crew and to commercially transport passengers, regardless of the number of passengers and without prejudice to the paragraph. 1 Z 7; | |||||||||
(i) | distribution vehicles; | |||||||||
(j) | aircraft; | |||||||||
(k) | fishing boats; | |||||||||
(l) | steam powered by coal, coke, wood, oil or gas based on outer combustion; | |||||||||
(m) | amphibian vehicles, i.e. on wheels or track chains, motor vehicles that can be operated in both water and land; | |||||||||
2. | with regard to the requirements for exhaust emissions set out in Part B of Annex I: | |||||||||
(a) | in the following products or in particular for the installation of certain propulsion engines: | |||||||||
(a) | exclusively for racing certain and watercraft labelled by the manufacturer; | |||||||||
bb) | experimentally used water vehicles unless they are placed on the Union market; | |||||||||
cc) | Water vehicles for the specific purpose of being occupied by a crew and to commercially transport passengers, regardless of the number of passengers and without prejudice to the paragraph. 1 Z 7; | |||||||||
(d) | distribution vehicles; | |||||||||
ee) | aircraft; | |||||||||
ff) | fishing boats; | |||||||||
gg) | amphibian vehicles, i.e. on wheels or track chains, motor vehicles that can be operated in both water and land; | |||||||||
(b) | original engines and individual replicas of historical propulsion engines designed before 1950, which have not been produced in series and in water vehicles according to Z 1. e or g are installed; | |||||||||
(c) | drive engines built for self-use, as long as they are placed on the Union market for a period of five years, not after the commissioning of the watercraft; | |||||||||
3. | concerning noise emission requirements set out in Part C of Annex I: | |||||||||
(a) | all watercraft mentioned in Z 2; | |||||||||
(b) | Watercraft built for self-use, as long as they are placed on the Union market for a period of five years, not after the commissioning of the watercraft. | |||||||||
Definition provisions
§ 3. In accordance with this Regulation, the term:
1. | "Water vehicle": recreational craft or hydromotors; | |||||||||
2. | "sport boat": all watercrafts, regardless of the type of drive and excluding hydromotorbikes, with a length of 2.5 m to 24 m, which is intended for sports and leisure purposes; | |||||||||
3. | "Water-motorcycles": for sports and leisure purposes, certain watercrafts with less than 4 m of length, which use a powertrain engine as a main source of propulsion, designed to be driven by one or more people not in, but on the hull, stand or run on the trunk; | |||||||||
4. | "Water vehicles built for self-use: water vehicles, mostly built by their future users for self-use; | |||||||||
5. | ‘motor of drive’: all foreign or self-ignition engines used directly or indirectly for propulsion purposes; | |||||||||
6. | “greater conversion of the engine”: a redesign of the engine, which may lead to the engine exceeding the emission limits set out in Part B of Annex I or which increases the engine power by more than 15%; | |||||||||
7. | “greater redesign of the watercraft”: a change in the water vehicle, which changes the type of drive of the water vehicle, the engine will be subject to a major change or the watercraft will be modified to a extent that it may not meet the basic safety and environmental requirements set out in this Regulation; | |||||||||
8. | "Propellant type": the procedure with which the water vehicle is powered; | |||||||||
9. | ‘Automotive family’: a group of engines assigned by the manufacturer which, due to their type of construction, have similar characteristics regarding their exhaust or noise emissions; | |||||||||
10. | The length of the hull measured according to the harmonised standard. | |||||||||
11. | "Processation on the market": any fee or free charge of a product for sale, consumption or use on the Union market in the context of a business activity; | |||||||||
12. | ‘marketing’: the first provision of a product on the Union market; | |||||||||
13. | “In-use”: the first use of a product covered by this Regulation in the Union by the final consumers; | |||||||||
14. | “manufacturers”: any natural or legal person who manufactures or manufactures a product and sells this product under their own name or trademark; | |||||||||
15. | "authors": any natural or legal person established in the European Union who has been written by a manufacturer to perform certain tasks in his name; | |||||||||
16. | ‘Introductory’: any natural or legal person established in the European Union placing a product from a third country on the Union market; | |||||||||
17. | ‘private importer’: any natural or legal person established in the European Union, who makes a product from a third country on the market of non-commercial activity, with the intention to take it into operation for its own use; | |||||||||
18. | " Dealers": any natural or legal person in the supply chain providing a product on the market, with the exception of the manufacturer or the importer; | |||||||||
19. | "economic actors": the manufacturer, the representative, the importer and the merchant; | |||||||||
20. | harmonised standard: a harmonised standard according to the definition in Art. 2(1). (c) of Regulation (EU) No 1025/2012 on European standardisation, amending Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC and repealing Decision 87/95/EEC and Decision No 1673/2006/EC, OJ L 1411.2012, p. | |||||||||
21. | "Accreditation": an accreditation within the meaning of the type. 2 Z 10 of Regulation (EC) No 765/2008 on the rules for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, OJ L 218 of 13.08.2008 S. 30; | |||||||||
22. | National Accreditation Body: a national accreditation body within the meaning of the type. 2 Z 11 of Regulation (EC) No 765/2008; | |||||||||
23. | "Conformity Assessment": the procedure to determine whether the requirements of this Regulation have been met with a product, a process or a system; | |||||||||
24. | "Conformity Assessment Body": a body carrying out conformity assessment activities including calibrations, tests, certifications and inspections; | |||||||||
25. | "recall": any measure aimed at restoring a product already made available to the end user; | |||||||||
26. | "Return": any measure to prevent a product in the supply chain from being made available on the market; | |||||||||
27. | "Market surveillance": the activities carried out by the authorities and measures taken by them to ensure that the products comply with the requirements of the relevant harmonisation legislation of the Union and do not pose a threat to health, safety or other areas of public interest; | |||||||||
28. | ‘CE marking’: by which the manufacturer declares that the product meets the applicable requirements set out in the European Union’s harmonisation legislation on its movement; | |||||||||
29. | "Union harmonisation legislation": European Union legislation harmonising the conditions for the marketing of products, | |||||||||
30. | "Market surveillance authority": the market surveillance authority, in accordance with § 6(1). 1 MING for the implementation of market surveillance. | |||||||||
Basic requirements
§ 4. In § 2(2). 1 of these products may only be made available or put into operation only if they do not endanger the health and safety of persons and objects or the environment in accordance with their purpose, and at the same time meet the relevant basic requirements of Annex I.
National provisions for shipping
§ 5. The provisions of the legislation adopted with regard to the protection of the environment and the structure of waterways, as well as to ensure the safety of waterways for shipping on certain waters, will not be affected by this Regulation, provided that these provisions do not require any conversion of watercraft and are justified and proportionate.
Free movement of goods
§ 6. (1) Market surveillance authorities may not impede the provision on the market or, without prejudice to Section 5, the commissioning of water vehicles if they comply with this Regulation.
(2) Market surveillance authorities may not impede the provision on the market of incomplete water vehicles if the manufacturer or importer declares that the completion of the watercraft is intended by others.
(3) Market surveillance authorities may not impede the provision on the market or the commissioning of parts corresponding to this Regulation, which are designated in accordance with the manufacturer's statement or importer's statement on installation into a water vehicle referred to in Section 15.
(4) Market surveillance authorities may not hinder the provision on the market or the commissioning of the following engines:
1. | Engines, whether installed or not in water vehicles complying with this Regulation; | |||||||||
2. | in watercraft and in accordance with Directive 97/68/EC on the approximation of the laws of the Member States on measures to combat the emission of gaseous and air pollutants from combustion engines for mobile machinery and equipment, OJ L. No. L 59 of 27.02.1998 S. 1, last amended by Directive 2011/88/EU, OJ No. L 305 of 23.11.2011 S. 1, type-approved engines used with the limit values of Stage III A, Stage III B or Stage IV for self-ignition engines for other applications other than the drive of inland waterway vessels, locomotives and locomotives as set out in Annex I Z 4.1.2 of that Directive and comply with this Regulation, except the requirements relating to exhaust emissions in Part B; | |||||||||
3. | incorporated in watercraft and in accordance with Regulation (EC) No 595/2009 on type-approval of motor vehicles and engines with regard to emissions of heavy goods vehicles (Euro VI) and access to vehicle repair and | |||||||||
(5) Paragraph 4 Z 2 and 3 shall apply, subject to the following condition: when an engine has been adapted for installation into a water vehicle, the person who is adapting must ensure that the data and other information of the engine manufacturer are fully taken into account in order to ensure that, in accordance with the installation requirements of the person who has made the adjustment, it continues to meet the requirements for exhaust emissions either under Directive 97/68/EC or under Regulation (EC) No 595/2009, according to the statement of the engine manufacturer. The person who is adapting the engine must, in accordance with Section 15, declare that the engine continues to comply with the requirements for exhaust emissions either under Directive 97/68/EC or under Regulation (EC) No. 595/2009, according to the statement of the engine manufacturer, will be installed in accordance with the installation requirements of the person who has made the adjustment.
(6) For trade fairs, exhibitions and similar occasions, these can be found in § 2(2). 1 products that do not comply with the provisions of this Regulation shall be issued, provided that a visible sign clearly demonstrates that these products do not conform to this Regulation and cannot be made available or put into service in the Union as long as their conformity with this Regulation is not produced.
2. Section
Obligations of economic operators
Manufacturers' obligations
§ 7. (1) Manufacturers must ensure that they are designed and manufactured in accordance with the requirements of Section 4 and Annex I for their products.
(2) Manufacturers must produce the technical documentation referred to in Section 25 and carry out or implement the conformity assessment procedure in accordance with Articles 19 to 22 and Section 24. If a product conforms to the requirements of this Regulation, the manufacturers have to issue an EU declaration of conformity in accordance with Section 15 and to add the CE marking in accordance with Articles 17 and 18.
(3) Manufacturers must have the technical documentation and the EU declaration of conformity as well as the declaration in accordance with § 15(2). 5 after placing the product on the market for ten years.
(4) Manufacturers must ensure that compliance with this Regulation is always ensured when it comes to standard production. Changes to the design of the product or its characteristics as well as changes to the harmonised standards or other technical specifications referred to in the declaration of conformity of a product must be duly taken into account. Manufacturers must, if this is considered appropriate in view of the dangers of a product, carry out tests to protect the health and safety of consumer samples of products made available on the market, if necessary, carry out a list of complaints, non-compliant products and recalls, and keep dealers informed of this monitoring.
(5) Manufacturers must ensure that products that they have placed on the market bear a type, batch or serial number or a different characteristic to their identification, or, if this is not possible due to the size or type of product, that the necessary information is indicated on the packaging or in the documents attached to the product.
(6) Manufacturers must indicate their name, their company or their registered trade mark and their contact name under which they can be reached, either on the product itself or, if this is not possible, on the packaging or in the documents attached to the product. The address must be a one-stop-shop where the manufacturer can be reached.
(7) Manufacturers must ensure that the product is accompanied by instructions and safety information in the owner manual in German.
(8) Manufacturers who consider or have reason to believe that a product placed on the market does not conform to this Regulation must immediately take the corrective measures necessary to establish or withdraw the conformity of this product. In addition, if risks are linked to the product, manufacturers must immediately inform the competent national authorities of the Member States where they have made the product available on the market, providing detailed information, in particular on non-compliance and corrective measures taken.
(9) Manufacturers have to provide the market surveillance authority with all the information and documents necessary to demonstrate the conformity of the product with this Regulation in paper form or electronic means in German. They must cooperate with this authority on their request with all measures to eliminate risks associated with products placed on the market.
Representative
§ 8. (1) A manufacturer may in writing appoint a representative.
(2) The obligation under § 7(1) and the establishment of the technical documentation may not be part of the order of a representative.
(3) A representative has to perform the tasks set out by the manufacturer. The contract must allow the representative to carry out at least the following tasks:
1. | Prepare a copy of the statement in accordance with Section 15 and the technical documentation for the market surveillance authority for ten years after the placing of the product; | |||||||||
2. | provide all necessary information and documentation to demonstrate the conformity of a product to the market surveillance authority and to the authorities responsible for controlling the external border; | |||||||||
3. | cooperate at the request of the market surveillance authority on all measures to eliminate the risks associated with products belonging to the duties of the representative. | |||||||||
Obligations of importers
§ 9. (1) The importers can only market compliant products.
(2) Before placing a product on the market, importers must ensure that the conformity assessment procedure in question has been carried out by the manufacturer. They must ensure that the manufacturer has produced the technical documentation that the product is marked with the CE marking in accordance with § 17 that it is accompanied by the necessary documentation in accordance with Section 15 and Annex I Part A Z 2.5, Annex I Part B Z 4 and Annex I Part C Z 2 and that the manufacturer meets the requirements of Section 7(5) and (6). If an importer considers or has reason to believe that a product is not in conformity with the basic requirements set out in Section 4 and Annex I, he may not place this product on the market before the conformity of the product is produced. If a risk is attached to the product, the importer must inform the manufacturer and the market surveillance authority.
(3) The importers have their names, their company or their registered trade mark and their contact name under which they can be reached, either on the product itself or, if this is not possible, to indicate on the packaging or in the documents attached to the product.
(4) The importers must ensure that the product is accompanied by instructions for use and safety information in the owner manual in German.
(5) As long as a product is responsible, importers must ensure that the conditions of storage or transport do not adversely affect the conformity of the product with the requirements set out in Section 4 and Annex I of this Regulation.
(6) In view of the risks arising from a product, importers will have to carry out random checks on products made available on the market and, if necessary, to carry out a list of complaints regarding non-compliant products and recalls of products and to keep dealers informed of such monitoring activities.
(7) Importers who consider or have reason to believe that a product placed on the market does not conform to this Regulation must immediately take the necessary corrective measures to ensure the conformity of this product or to withdraw or withdraw it as appropriate. In addition, the importers must immediately inform the competent national authorities of the Member States of the European Union where they have made the product available on the market, providing detailed information, in particular on non-compliance and corrective measures taken.
(8) Once the product is placed on the market, the importers will have to keep a copy of the statement in accordance with Section 15 for the market surveillance authority and ensure that they can submit the technical documentation at request.
(9) The importers must provide the market surveillance authority and the authorities responsible for controlling the external border, on their justified request, with all the information and documents necessary to demonstrate the conformity of the product in paper form or electronically. They must cooperate with these authorities at their request with all measures to eliminate risks associated with products they have placed on the market.
Obligations of traders
§ 10. (1) Traders must take into account the requirements of this Regulation with due diligence when they provide a product on the market.
(2) Before placing a product on the market, the merchants will have to verify whether the product is marked with the CE marking in accordance with § 17 whether it is required to provide the necessary documentation in accordance with § 7(1). 7, § 15, Annex I Part A Z 2.5, Annex I Part B Z 4 and Annex I Part C Z 2, as well as the instructions for use and safety information in German, and whether the manufacturer and importer are attached to the requirements of paragraphs 7 and 6 and 6 respectively. § 9(3). If a dealer considers or has reason to believe that a product is not in conformity with the requirements set out in Section 4 and Annex I, he may only provide this product on the market after the conformity has been produced with the requirements. If the product is dangerous, the dealer must also inform the manufacturer or importer and the market surveillance authority.
(3) As long as a product is held liable, dealers must ensure that the conditions of storage or transport do not adversely affect the conformity of the product with the requirements set out in Section 4 and Annex I of this Regulation.
(4) Traders who consider or have reason to believe that a product provided by them on the market does not conform to this Regulation must ensure that the necessary remedies are taken to ensure that the conformity of this product is complied with or that it may withdraw or recall it. In addition, if the product is dangerous, traders must immediately inform the competent national authorities of the Member States of the European Union where they have made the product available on the market, providing detailed information, in particular on non-compliance and remedies taken.
(5) Traders must provide the market surveillance authority with all the information and documents necessary to demonstrate the conformity of a product in paper form or electronically. They must cooperate with this authority on their request with all measures to eliminate risks associated with products they have made available on the market.
Cases in which the obligations of the manufacturer also apply to importers and distributors
§ 11. The importer or distributor is considered to be a manufacturer for the purposes of this Regulation and is subject to the obligations of a manufacturer under Section 7 if he markets a product under his own name or brand or changes a product already on the market so that compliance with the requirements of this Regulation can be compromised.
Obligations of private importers
§ 12. (1) If the manufacturer does not comply with the provisions of this Regulation, it is for the private importer to ensure that it was manufactured in accordance with the requirements of Section 4 and Annex I and the obligations of the manufacturer in accordance with Section 7(1). 2, 3, 7 and 9 to be fulfilled or fulfilled.
(2) If the necessary technical documentation is not available to the manufacturer, the private importer has to provide it with appropriate expertise.
(3) The private importer must ensure that the name and address of the notified body that has carried out the conformity assessment of the product is recorded on the product.
Identification of economic actors
§ 13. (1) The economic operators must, at the request of the market surveillance authority, indicate the economic operators,
1. | of which they have a product; | |||||||||
2. | to which they have issued a product. | |||||||||
The economic operators must be able to submit the information ten years after the reference of the product and ten years after the delivery of the product. | ||||||||||
(2) Private importers must designate the market surveillance authority upon request to the economic operators from which they have related the product. Private importers must keep the information referred to in paragraph 1 over a period of ten years after receiving the product.
3. Section
Conformity of the product
Conformity presumption
§ 14. For products that conform to harmonised standards or parts of which have been published in the Official Journal of the European Union, conformity with the requirements of Section 4 and Annex I, which are covered by the relevant standards or parts thereof.
EU declaration of conformity and declaration set out in Annex III
§ 15. (1) The EU declaration of conformity states that the fulfilment of the provisions of § 4 and Annex I or § 6(2). 4 Z 2 or 3 requirements have been demonstrated.
(2) In its structure, the EU declaration of conformity has to conform to the model set out in Annex IV of this Regulation, which is set out in the relevant modules of Annex II of Decision No 768/2008/EC on a common legal framework for the marketing of products and repealing Decision 93/465/EEC, OJ No. No. L 218 of 13.08.2008 S. 82 as well as elements indicated in Annex V to this Regulation and is updated. It is to be translated into the German language.
(3) With the exhibition of the EU declaration of conformity, the manufacturer or the one in § 6(1). 4 Z 2 and 3 persons named to the motor to assume responsibility for the conformity of the product.
(4) The EU declaration of conformity referred to in paragraph 3 shall be accompanied by the following products if they are made available or put into service on the market:
1. | watercraft; | |||||||||
2. | components when they are placed on the market independently; | |||||||||
3. | drive engines. | |||||||||
(5) The manufacturer's statement under Annex III for incomplete water vehicles must contain the information referred to in Annex III; it is attached to the incomplete watercraft. It is to be translated into German.
General principles of CE marking
§ 16. The CE marking applies to the general principles in accordance with Art. 30 of Regulation (EC) No 765/2008.
Products for which CE marking is required
§ 17. (1) For the following products, CE marking is required if they are made available or put into service on the market:
1. | watercraft; | |||||||||
2. | components; | |||||||||
3. | drive engines. | |||||||||
(2) The market surveillance authority has to deal with CE marking products referred to in paragraph 1.
Rules and conditions for placing CE marking
§ 18. (1) The CE marking must be clearly visible, legible and permanently on the § 17 paragraph. 1 products referred to above. If this is not possible for components or because of the size or nature of the product, it must be attached to the packaging and the accompanying documentation. In the case of water vehicles, the CE marking must be applied on the chain of the watercraft manufacturer which is separated from the identification number of the watercraft. In the case of a propulsion engine, the CE marking must be attached to the engine.
(2) The CE marking must be attached before placing on the market or putting into service the product. According to the CE marking and the identification number referred to in paragraph 3, a pictogram or another sign indicating a particular risk or use may be present.
(3) According to the CE marking, the identification number of the notified body must be in place if it was involved in the phase of production control or in the evaluation after construction. The identification number of the notified body is either by the body itself or by its instructions by the manufacturer or by its representative or by the body referred to in § 19(2). 2, 3 or 4 above.
4. Section
Conformity Assessment
Excessive conformity assessment procedures
§ 19. (1) The manufacturer has to apply the procedures set out in the modules referred to in paragraphs 20, 21 and 22 before it is set out in Section 2(2). 1 of these products will be marketed.
(2) The private importer has to apply the procedure in accordance with Section 23 before it enters in Section 2(2). 1 of these products is in operation when the manufacturer has not performed the conformity assessment for the product concerned.
(3) If a propulsion engine or a water vehicle enters or enters into service after the adoption of major changes or conversions, or if the purpose of a watercraft not covered by this Regulation is changed in such a way that it is covered by the Regulation, the procedure has to be applied before placing the product on the market or putting into service.
(4) Who is a watercraft built for self-use before the end of the § 2 paragraph. 2 Z 1 Lithuania.g. for the five-year period referred to above, the procedure has to be applied before placing the product on the market in accordance with Section 23.
Design and construction
§ 20. (1) The following procedures, as set out in Annex II of Decision No 768/2008/EC, apply to the design and construction of recreational craft:
1. | for the design categories A and B in accordance with Annex I Part A Z 1: | |||||||||
(a) | for recreational craft with a length of 2.5 m to less than 12 metres of one of the following modules: | |||||||||
(a) | module A1 (internal production control with supervised product tests); | |||||||||
bb) | module B (EU model testing) together with module C, D, E or F; | |||||||||
cc) | module G (conformity based on a single test); | |||||||||
(d) | module H (conformity based on comprehensive quality assurance); | |||||||||
(b) | for recreational craft with a length of 12 m to 24 m of one of the following modules: | |||||||||
(a) | module B (EU model testing) together with module C, D, E or F; | |||||||||
bb) | module G (conformity based on a single test); | |||||||||
cc) | module H (conformity based on comprehensive quality assurance); | |||||||||
2. | for the draft category C in accordance with Annex I Part A Z 1: | |||||||||
(a) | for recreational craft with a length of 2.5 m to less than 12 metres of one of the following modules: | |||||||||
(a) | in accordance with the harmonised standards in relation to Annex I Part A Z 3.2 and 3.3: module A (internal production control), module A1 (internal production control with supervised product tests), module B (EU model testing) together with module C, D, E or F, module G (conformity based on a single test) or module H (conformity based on comprehensive quality assurance); | |||||||||
bb) | in case of non-conformity with the harmonised standards relating to Annex I Part A Z 3.2 and 3.3: Module A1 (internal production control with supervised product tests), module B (EU model testing) together with module C, D, E or F, module G (conformity based on a single test) or module H (conformity based on comprehensive quality assurance); | |||||||||
(b) | for recreational craft with a length of 12 m to 24 m of one of the following modules: | |||||||||
(a) | module B (EU model testing) together with module C, D, E or F; | |||||||||
bb) | module G (conformity based on a single test); | |||||||||
cc) | module H (conformity based on comprehensive quality assurance); | |||||||||
3. | for the design category D according to Annex I Part A Z 1: for recreational craft with a length of 2.5 m to 24 metres of one of the following modules: | |||||||||
(a) | module A (internal production control); | |||||||||
(b) | module A1 (internal production control with supervised product tests); | |||||||||
(c) | module B (EU model testing) together with module C, D, E or F; | |||||||||
(d) | module G (conformity based on a single test); | |||||||||
(e) | module H (conformity based on comprehensive quality assurance). | |||||||||
(2) For the design and construction of hydromotors, one of the following procedures, set out in Annex II of Decision No 768/2008/EC:
1. | module A (internal production control); | |||||||||
2. | module A1 (internal production control with supervised product tests); | |||||||||
3. | module B (EU model testing) together with module C, D, E or F; | |||||||||
4. | module G (conformity based on a single test); | |||||||||
5. | module H (conformity based on comprehensive quality assurance). | |||||||||
(3) The design and construction of components is subject to one of the following procedures set out in Annex II of Decision No 768/2008/EC:
1. | module B (EU model testing) together with module C, D, E or F; | |||||||||
2. | module G (conformity based on a single test); | |||||||||
3. | module H (conformity based on comprehensive quality assurance). | |||||||||
exhaust emissions
§ 21. For exhaust emissions from § 2(2). 1 Z 4 and 5 products mentioned by the manufacturer must apply the following procedures as set out in Annex II of Decision No 768/2008/EC:
(1) for tests using the harmonised standard, one of the following modules:
1. | module B (EU model testing) together with module C, D, E or F; | |||||||||
2. | module G (conformity based on a single test); | |||||||||
3. | module H (conformity based on comprehensive quality assurance); | |||||||||
(2) for tests without using the harmonised standard, one of the following modules:
1. | module B (EU model testing) together with module C1; | |||||||||
2. | module G (conformity based on a single test). | |||||||||
Noise emissions
§ 22. (1) With regard to noise emissions from recreational craft with powertrain engines with powertrains without integrated exhaust system or internal-vehicle power generators, as well as from motor vehicles with powertrains without an integrated exhaust system or with internal-vehicle engines, where a major overhaul of the watercraft is carried out and placed on the market within five years of conversion, the manufacturer will apply the following procedures set out in Annex II of Decision No 768/2008/EC:
1. | for tests using the harmonised standard for noise measurements of one of the following modules: | |||||||||
(a) | module A1 (internal production control with supervised product tests); | |||||||||
(b) | module G (conformity based on a single test); | |||||||||
(c) | module H (conformity based on comprehensive quality assurance); | |||||||||
2. | for tests without using the harmonised standard for noise measurements module G (conformity based on a single test); | |||||||||
3. | When using the procedure with Froude-Payment and Performance/Description ratio for assessing one of the following modules: | |||||||||
(a) | module A (internal production control); | |||||||||
(b) | module G (conformity based on a single test); | |||||||||
(c) | module H (conformity based on comprehensive quality assurance). | |||||||||
(2) With regard to noise emissions from hydromotors and outer-board engines as well as propulsion engines with a power drive and integrated exhaust system for cultivation in recreational craft, the manufacturer of the hydromotor or engine has to apply the following procedures as set out in Annex II of Decision No 768/2008/EC:
1. | for tests using the harmonised standard for noise measurements of one of the following modules: | |||||||||
(a) | module A1 (internal production control with supervised product tests); | |||||||||
(b) | module G (conformity based on a single test); | |||||||||
(c) | module H (conformity based on comprehensive quality assurance). | |||||||||
2. | for tests without using the harmonised standard for noise measurements module G (conformity based on a single test). | |||||||||
Assessment after construction
§ 23. In § 19(2). 2, 3 and 4 evaluations after construction are to be carried out in accordance with Annex V.
Additional requirements
§ 24. (1) For the use of module B of Annex II of Decision No 768/2008/EC, the EU model testing must be carried out as indicated in the second indent of this module.
A construction pattern by module B may include several product variants if the following conditions are met:
1. | the differences between the variants do not affect the required safety and other required performance characteristics of the product; and | |||||||||
2. | the variants of the product are mentioned in the relevant EU model certificate if necessary in changes to the original certificate. | |||||||||
(2) When using module A1 of Annex II of Decision No. 768/2008/EC shall carry out product tests on one or more water vehicles that are representative of the production of a manufacturer and it shall be subject to the further requirements of Annex VI of this Regulation.
(3) The possibility of using accredited internal bodies in accordance with the modules A1 and C1 of Annex II of Decision No. 768/2008/EC is not available.
(4) When using module F of Annex II of Decision No 768/2008/EC, the procedure described in Annex VII to this Regulation for assessing compliance with the requirements relating to exhaust emissions will apply.
(5) If module C of Annex II of Decision No 768/2008/EC is used for assessing compliance with the requirements of this Regulation on exhaust emissions and does not work under a relevant quality system in accordance with Annex II of Decision No. 768/2008/EC, a notified body selected by the manufacturer, shall carry out or carry out the product inspections at an irregular level as defined by the manufacturer. to carry out them to check the quality of internal product tests. If the quality level is judged insufficiently, or it seems necessary to verify the accuracy of the information submitted by the manufacturer, the procedure laid down in Annex VIII of this Regulation will be followed.
Technical documents
§ 25. (1) The in § 7(1). 2 above technical documents must contain all relevant information and details on the means to ensure that the product meets the requirements of Section 4 and Annex I. In particular, they include the relevant documents listed in Annex IX.
(2) The technical documentation must ensure that design, production and operation and conformity assessment can be clearly understood.
5. Section
Notification of conformity assessment bodies
Information obligations of the notifying authority
§ 26. (1) The Federal Minister for Science, Research and Economic Affairs, the European Commission and the other Member States of the European Union, notify the bodies that are empowered to carry out independent third party compliance tasks under this Regulation.
(2) The Federal Minister for Science, Research and Economic Affairs has to inform the European Commission of its procedures for the evaluation and notification of conformity assessment bodies and for the monitoring of notified bodies, as well as of changes in this respect.
Requirements for notified bodies
§ 27. (1) A conformity assessment body shall meet the requirements of paragraphs 2 to 11 for the purposes of notification under this Regulation.
(2) A conformity assessment body must have been established under Austrian law and have legal personality.
(3) A conformity assessment body must act as an independent third party that is not connected with the establishment or product which it assesses. A body that is a member of an association or a specialised association and assesses the products in which it is involved in the design, manufacture, provision, assembly, use or maintenance of companies represented by this association may be considered as such if it is proved independent and there are no conflicts of interest.
(4) A conformity assessment body, its top management level and the personnel responsible for the performance of conformity assessment tasks
1. | may not be the designer, manufacturer, supplier, installer, buyer, owner, user or maintenance of the products to be evaluated or representatives of any of these parties; this does not exclude the use of products already subject to conformity assessment, which are necessary for the operation of the conformity assessment body, or the use of such products for personal use; | |||||||||
2. | neither directly involved in the design or manufacture, marketing, installation, use or maintenance of these products nor represent the parties involved in these activities. You cannot deal with activities that may affect their independence in the assessment or integrity of conformity assessment measures for which they are notified. This is particularly true for consulting services. | |||||||||
Conformity assessment bodies must ensure that their subsidiaries or subcontractors do not adversely affect the confidentiality, objectivity and impartiality of their conformity assessment activities. | ||||||||||
(5) Conformity assessment bodies and their employees must carry out conformity assessment activities with maximum professionalism and the necessary technical competence in the area concerned; they may not be subject to any influence, in particular financial, which may affect their assessment or the results of their conformity assessment work and, in particular, of persons or groups of persons who have an interest in the outcome of these activities.
(6) A conformity assessment body must be able to deal with all conformity assessment tasks which it has to perform according to Articles 19 to 24 and for which it has been notified, whether these tasks are fulfilled by the body itself, on its behalf or under its responsibility. A conformity assessment body must have at any time, for each conformity assessment procedure and for each type and category of products for which it has been notified.
1. | the necessary staff with specialist knowledge and sufficient experience to perform the tasks of conformity assessment; | |||||||||
2. | Descriptions of procedures in which conformity assessment is carried out to ensure the transparency and repeatability of these procedures; it must have adequate policies and appropriate procedures distinguishing between the tasks it performs as a notified body and other activities; | |||||||||
3. | Procedures for carrying out activities taking due account of the size of a company in which it operates, its structure, the degree of complexity of the respective product technology and the fact that the production process is a mass production or serial production. | |||||||||
(7) The employees responsible for carrying out conformity assessment activities have:
1. | a solid technical and vocational training programme covering all activities for conformity assessment in the area for which the conformity assessment body has been notified; | |||||||||
2. | a sufficient knowledge of the requirements associated with the evaluations to be carried out and the power to perform such evaluations; | |||||||||
3. | adequate knowledge and understanding of the basic requirements, the applicable harmonised standards and the relevant harmonisation legislation of the Union and relevant national legislation; and | |||||||||
4. | the ability to produce certificates, protocols and reports as proof of carried out reviews | |||||||||
to have. | ||||||||||
(8) The impartiality of conformity assessment bodies, their top management levels and their evaluation staff must be guaranteed. The remuneration of the top management level and the assessing staff of the conformity assessment body cannot be based on the number of evaluations carried out or their results.
(9) The conformity assessment bodies must complete a liability insurance.
(10) employees of a conformity assessment body shall be subject to professional secrecy with regard to information they receive in carrying out their tasks in accordance with Articles 19 to 24 or any of the relevant national implementing regulations; This does not apply to the market surveillance authority. Property rights must be protected.
(11) Conformity assessment bodies must participate in the relevant standardisation activities and activities of the coordination group of notified bodies created under Directive 2013/53/EU, or ensure that their evaluation staff is informed about it and must apply the administrative decisions and documents developed by this group as a general guideline.
Conformity presumption
§ 28. If a conformity assessment body considers that it meets the criteria of the relevant harmonised standards or parts of which have been published in the Official Journal of the European Union, it is presumed that it meets the requirements set out in Section 27, in so far as the applicable harmonised standards cover those requirements.
subsidiaries of notified bodies and subcontracting
§ 29. (1) If the notified body addresses certain tasks relating to conformity assessment to subcontractors or transfers them to a subsidiary, it must ensure that the subcontractor or the subsidiary meets the requirements of Section 27 and must inform the notifying authority accordingly.
(2) The notified bodies bear full responsibility for the work carried out by subcontractors or subsidiaries, regardless of where they are established.
(3) Activities may only be awarded to a subcontractor or transferred to a branch if the customer agrees to the customer.
(4) The notified bodies must keep the relevant documents relating to the evaluation of the qualification of the subcontractor or of the subsidiary and the work carried out by them in accordance with Articles 19 to 24 for the notifying authority.
Notification procedures
§ 30. (1) The notifying authority may only appoint conformity assessment bodies that meet the requirements of Section 27.
(2) A notification has to contain full details of conformity assessment activities, conformity assessment modules and products concerned, and the confirmation of competence in question.
Numbers and directory of notified bodies
§ 31. Under Art. 35 of Directive 2013/53/EU, the European Commission has a number of notified bodies. Even if a body has been notified for several EU legislation, it receives only one identification number. In addition, the Federal Minister for Science, Research and Economic Affairs of a notified body authorised by a notifying body to assess compliance after construction.
Changes in notifications
§ 32. (1) If the Federal Minister for Science, Research and Economic Affairs is established or informed that a body notified to it no longer meets the requirements referred to in Article 27 or that it does not comply with its obligations, it may restrict, suspend or revoke the notification, taking into account the extent in which these requirements have not been met or has not been complied with. It must immediately inform the European Commission and the other Member States of the European Union.
(2) In case of restriction, suspension or withdrawal of notification or if the notified body enters its activities, the notified body shall transmit the files for further processing to another notified body concerned by the amendment to the notification and ensure that it is available to the notifying authority and the market surveillance authority at its request.
Appeal of the competence of notified bodies
§ 33. (1) The Federal Minister for Science, Research and Economic Affairs gives the Commission, upon request, all information on the basis of notification or the preservation of the competence of the notified body.
(2) Under Art. 37. 4 of Directive 2013/53/EU, the European Commission adopts an implementing act when it finds that a notified body no longer meets the conditions for its notification. The Federal Minister for Science, Research and Economic Affairs shall take corrective measures, including a withdrawal of notification, if necessary, in view of the European Commission's findings.
Obligations of notified bodies regarding their work
§ 34. (1) The notified bodies have to carry out conformity assessment in accordance with the conformity assessment procedures laid down in Articles 19 to 24.
(2) Conformity assessments must be carried out while maintaining proportionality, avoiding unnecessary burdens on economic operators and private importers. Conformity assessment bodies have their activities taking due account of the size of a company, the industry in which it operates to carry out its structure and the degree of complexity of the product technology concerned and the mass production or series character of the manufacturing process. However, they have to do so strictly and to comply with such a level of protection as is necessary for the conformity of the product with the provisions of this Regulation.
(3) If a notified body has not complied with the requirements set out in § 4 and in the relevant harmonised standards, it must ask the manufacturer or private importer to take appropriate corrective measures and must not issue a certificate of conformity.
(4) If a notified body has already issued a certificate and finds, in the context of the monitoring of conformity, that the product no longer meets the requirements, it has requested the manufacturer to take appropriate corrective measures and, if necessary, suspend or withdraw the certificate.
(5) If no remedies are taken or do not show the necessary effect, the notified body may have to restrict, suspend or withdraw all certificates.
Notification obligations of notified bodies
§ 35. (1) The notified bodies
1. | any refusal, restriction, suspension or withdrawal of a certificate; | |||||||||
2. | all circumstances that have consequences for the scope and conditions of notification; | |||||||||
3. | any request for information on conformity assessment activities that they have received from the market surveillance authority; | |||||||||
4. | upon request, which conformity assessment activities have been carried out in the scope of their notification and which other activities, including cross-border activities and subcontracting, have performed them; | |||||||||
to report to the Federal Minister for Science, Research and Economics. | ||||||||||
(2) The notified bodies must follow similar conformity assessment activities and cover the same products, with relevant information on the negative and, at the request, on the positive results of conformity assessments.
Coordination of notified bodies
§ 36. (1) Under Art. 42 of Directive 2013/53/EU, the European Commission ensures that appropriate coordination and cooperation between the bodies notified under Directive 2013/53/EU in the form of one or more sectoral groups of notified bodies is established and properly pursued.
(2) The notifying bodies have to participate directly or through designated representatives in the work of these groups.
6. Section
Monitoring of products
Monitoring of the Union market and control of products imported on the Union market
§ 37. Art. 15 paragraphs 3 and Articles 16 to 29 of Regulation (EC) No 765/2008.
Procedures for the treatment of products with a risk
§ 38. (1) If the market surveillance authority has a reasonable reason to believe that a product covered by this Regulation poses a risk to the health or safety of persons for or for the environment, it has to assess whether the product concerned meets the relevant requirements of this Regulation. The relevant economic operators or private importers must cooperate with the market surveillance authority as necessary.
1. | In the case of economic operators, the market surveillance authority must immediately ask the economic operators concerned to take appropriate corrective measures within one of the type of risk appropriate and reasonable time limit they have laid down, in order to make the conformity of the product with these requirements, to withdraw it from the market or to recall it if it concludes that the product does not meet the requirements of this Regulation. | |||||||||
2. | In the case of private importers, the market surveillance authority shall immediately inform the private importers concerned of the appropriate remedy measures to be taken to ensure compliance with these requirements, suspend the commissioning of the product or suspend the use of the product if it concludes that the product does not meet the requirements of this Regulation. | |||||||||
The market surveillance authority must inform the notified body. The measures referred to in Z 1 and 2. 21 of Regulation (EC) No 765/2008. | ||||||||||
(2) If the market surveillance authority considers that non-conformity is not limited to the national territory, it has informed the Federal Minister for Science, Research and Economic Affairs and, on the one hand, it must inform the European Commission and the other Member States of the European Union about the results of the assessment and the measures to which the economic operator has been requested.
(3) The economic operator must ensure that the corrective measures that take place extend to all the products it has made available on the market in the European Union. The private importer must ensure that the appropriate remedies are taken in relation to the product that it has introduced for its own use in the European Union.
(4) Take the economic operator concerned within the provisions of the above. 1 (b) No reasonable remedies, the market surveillance authority has to take all appropriate provisional measures to prohibit or restrict the delivery of the product on the domestic market, to withdraw or withdraw the product from the market. If the private importer does not take appropriate corrective measures, the market surveillance authority has to take all appropriate provisional measures to prohibit or restrict the entry into service of the product. The Federal Minister for Science, Research and Economics immediately informs the European Commission and the other Member States of the European Union of these measures.
(5) The information referred to in paragraph 4 must indicate all available information, in particular the data for the identification of the non-compliant product, the origin of the product, the nature of the alleged non-compliance and the risk, and the nature and duration of the national measures taken and the arguments of the relevant economic operator or of the private importer. In particular, the Federal Minister for Science, Research and the Economy indicates whether non-compliance is due to one of the following causes:
1. | the product does not meet the health or safety requirements laid down in this Regulation or with regard to the protection of objects or the environment; or | |||||||||
2. | the harmonised standards in which compliance with Article 14 applies to presumption of conformity are inadequate. | |||||||||
(6) If another Member State of the European Union initiates the procedure, the Federal Minister for Science, Research and Economic Affairs shall immediately inform the European Commission and the other Member States of all measures adopted and any further information concerning the non-compliance of the product and, if he does not agree to the notified national measure, of its objections.
(7) If neither another Member State of the European Union nor the European Commission objects to a preliminary action of the market surveillance authority within three months of receiving the information referred to in paragraph 4, this measure is considered justified.
(8) The market surveillance authority ensures that appropriate restrictive measures, such as the withdrawal of the product from the market, are taken without delay with regard to the product concerned.
Formal non-compliance
§ 39. (1) Without prejudice to the § 38, the economic operator or the private importer concerned shall dismiss the non-compliance in question if the market surveillance authority finds one of the following cases:
1. | the CE marking has been applied in breach of § 16, § 17 or § 18; | |||||||||
2. | the CE marking referred to in § 17 was not appropriate; | |||||||||
3. | the EU declaration of conformity or the declaration set out in Annex III has not been issued; | |||||||||
4. | the EU declaration of conformity or the declaration set out in Annex III has not been properly issued; | |||||||||
5. | the technical documents are either unavailable or incomplete; | |||||||||
6. | the information referred to in § 7(1). 6 or § 9. 3 missing, are faulty or incomplete; | |||||||||
7. | another administrative requirement under Section 7 or Section 9 has not been complied with. | |||||||||
(2) The non-conformity shall be in accordance with paragraph 2. 1 further, the market surveillance authority has to take all appropriate measures to restrict or prohibit the provision of the product on the market or to ensure that it is recalled or withdrawn from the market or that its use is prohibited or restricted if it is a product imported by a private importer for self-use.
Reporting
§ 40. The market surveillance authority has to complete a questionnaire issued by the European Commission on the application of Directive 2013/53/EU by 18 January 2021 and then to transmit it to the Federal Minister for Science, Research and Economics.
7. Section
Entry into force, transitional and final provisions
Entry into force
§ 41. This Regulation will enter into force on 18 January 2016. At the same time, the Federal Minister for Economic Affairs and Labour Regulation on requirements for recreational craft, BGBl. II No 276/2004, as amended BGBl. II No 386/2010, except in force.
Transitional provisions
§ 42. (1) Under the Federal Minister for Economic Affairs and Labour Regulation on requirements for recreational craft, BGBl. II No 276/2004, as amended BGBl. Products covered by this legislation may still be allowed until the end of the 17. which was placed on the market or put into operation on January 2017.
(2) External compression-ignition engines with a performance of small/equivalent to the limit values for exhaust emissions set in Part B of Annex I and of small and medium-sized enterprises as defined in Commission Recommendation 2003/361/EC on the definition of micro-enterprises and small and medium-sized enterprises, OJ No. No. L 124, produced from 20.5.2003 S. 36, may be placed on the market or put into operation if they are before 18. On 1 January 2020.
(3) References to Directive 94/25/EC shall be considered as references to Directive 2013/53/EU.
Language equality
§ 43. In so far as personal names are only mentioned in male form, they relate to women and men in the same way. When applying to certain persons, the gender-specific form must be used.
Mitterlehner
ANNEX I
PRINCIPLES
A. Basic requirements regarding the design and construction of products referred to in Section 2(1)
1. | DRAFT WATER PROCEDURE | |||||||||
Design category | Wind strength (Beaufort-Skala) | Significant wave height (H 1/3, meters) |
A B C D | more than 8 up to 8 up to 6 up to 4 | more than 4 up to 4 up to 2 including 0.3 |
Notes:
A. | A design category A is considered to be designed for wind strengths above 8 (Beaufort-Skala) and significant wave height above 4 m, but not for extreme weather conditions such as severe storm, orcanic storm, hurricane, extreme sea conditions or giant waves. | |||||||||
B. | A design category B sports boat is designed as a wind force up to 8 and significant wave height up to including 4 m. | |||||||||
C. | A watercraft of the design category C is considered to be designed for a wind strength up to 6 and significant wave height up to including 2 m. | |||||||||
D. | A watercraft of the design category D is considered to be designed for a wind thickness up to including 4 and significant wave height up to including 0.3 m and occasional wave height of a maximum of 0.5 m. | |||||||||
Watercrafts of the respective design category must be designed and built in such a way as to stand up according to these parameters in terms of stability, distribution and other relevant basic requirements as set out in this Annex and have good manoeuvre. | ||||||||||
2. | GENERAL REQUIREMENTS | |||||||||
2.1. | Identification of watercraft | |||||||||
Each water vehicle must have a identification number containing the following information: | ||||||||||
(1) | country code of the manufacturer; | |||||||||
(2) | clearly assigned by the Federal Minister for Science, Research and Economics; | |||||||||
(3) | clear serial number; | |||||||||
(4) | month and year of production; | |||||||||
(5) | Model year. | |||||||||
Detailed requirements for the identification number referred to in paragraph 1 are contained in the relevant harmonised standard. | ||||||||||
2.2. | Pla chain of manufacturer of watercraft | |||||||||
Each water vehicle must have a permanent and separate plaque attached to the identification number of the watercraft with at least the following information: | ||||||||||
(a) | Name of the manufacturer, registered trade name or registered trade mark and contact name; | |||||||||
(b) | CE marking in accordance with § 18; | |||||||||
(c) | Design category of watercraft according to Z 1; | |||||||||
(d) | recommended maximum loading in accordance with Z 3.6 without weight of the contents of solid containers; | |||||||||
(e) | Number of persons authorised under the manufacturer's recommendation on board for which the water vehicle is designed. | |||||||||
In the event of an evaluation after construction, the contact details and requirements must also include information about the notified body which has carried out the conformity assessment. | ||||||||||
2.3. | Protection against overboard traps and reintroductions | |||||||||
Water vehicles must be designed to reduce the risk of falling overboard as far as possible and to facilitate a re-entry. Re-entry means must be accessible to a person in the water without external assistance or to be able to use it without external assistance. | ||||||||||
2.4. | The main tax state | |||||||||
In the case of sports boats, the steer must have a good overall view of normal operating conditions (speed and load). | ||||||||||
2.5. | owner manual | |||||||||
All products are made with an owner manual in accordance with § 7(1). 7 and § 9. 4 to deliver. This manual contains all information necessary for the safe use of the product, with special attention to the establishment, maintenance, regular operation, risk prevention and risk management. | ||||||||||
3. | FUTURE AND ACTIVITY SOWIE COUNTRIES | |||||||||
3.1. | Construction | |||||||||
The choice and combination of materials and design must ensure that the watercraft has a sufficient strength in any respect. Particular attention should be paid to the design category according to Z 1 and the maximum load recommended by the manufacturer according to Z 3.6. | ||||||||||
3.2. | Stability and Freeboard | |||||||||
Stability and freeboard of the water vehicle must be sufficient, taking into account the category of design according to Z 1 and the maximum load recommended by the manufacturer according to Z 3.6. | ||||||||||
3.3. | Boosting and floating | |||||||||
In the construction of the watercraft, it is necessary to ensure that the boat has a distribution character which corresponds to its design category according to Z 1 and the maximum load recommended by the manufacturer according to Z 3.6. Inhabitable more shrinking sports boats that are susceptible to a catch of Kiel must be designed in such a way that they have sufficient power to remain viable even if they are lobster. | ||||||||||
Water vehicles with less than 6 metres in length, which can be completely exhausted, need to have adequate means to remain flounder in flooded condition when used according to their design category. | ||||||||||
3.4. | Openings in the boat body, in the deck and in the building | |||||||||
Openings in the hull, in the deck (in the decks) and in the constructions, the strength association or, in a closed state, cannot adversely affect the weather visibility of the boat. | ||||||||||
windows, bulleyes, doors and hatekeeping must hold the water pressure that they can be exposed, as well as point loads by people moving to the deck. | ||||||||||
For the introduction and exit of water-borne outdoor-vehicle breakthroughs below the water line according to the maximum load recommended by the manufacturer according to Z 3.6, there must be easily accessible closures. | ||||||||||
3.5. | Flooding | |||||||||
All water vehicles must be kept as low as possible. | ||||||||||
Particular attention should be given to: | ||||||||||
(a) | cockpits and screens: these should be equipped with self-adhesive or other devices to prevent water from entering the interior of the water vehicle; | |||||||||
(b) | valves; | |||||||||
(c) | removal of water by pumping or other devices. | |||||||||
3.6. | Maximum load recommended by the manufacturer | |||||||||
The maximum load (fuels, water, proviant, various equipment and persons) specified by the manufacturer in kilograms designed by the watercraft will be determined according to the design category (Z 1), stability and freeboard (Z 3.2) as well as the capacity to drive and swim (Z 3.3). | ||||||||||
3. | Establishment of rescue equipment | |||||||||
All sports boats of the design categories A and B, as well as sports boats of the design categories C and D with a length of more than 6 metres, must have one or more parking places for one or more rescue equipment, which are large enough to include the number of persons for which the sports boat is designed. The parking areas of the rescue equipment must be easily accessible at any time. | ||||||||||
3.8. | Emergency exit | |||||||||
All more living shrinking sports boats, which are vulnerable to a Kielobenity, must be built in such a way as to allow an emergency exit to be possible at Kiel. If there is an emergency exit that is used if the boat is lobster, it may not impede the design (Z 3.1), stability (Z 3.2) and power (Z 3.3) regardless of the location of the boat (right or complaced). | ||||||||||
All more living shrinking sports boats must be built in such a way that fire can be an emergency exit. | ||||||||||
3.9. | anchors, caps and locks | |||||||||
All watercrafts must be equipped with one or more sets or other devices that allow the anchors, caps and locks, taking into account their design category and characteristics. | ||||||||||
4. | SERVICES | |||||||||
The manufacturer has to make sure that the water vehicle's operating characteristics are satisfactory even in the most powerful motor for which it is designed and built. For all propulsion engines, the maximum nominal power must be indicated in the owner manual. | ||||||||||
5. | INTRODUCTION | |||||||||
5.1. | Engines and Motorspaces | |||||||||
5.1.1. | Singleboard engines | |||||||||
All inner-board engines must be located in a space separated from the residential areas and equipped to minimise the risk of fires or fire spreading as well as the risk of toxic vapour, heat, noise or vibration in the residential areas. | ||||||||||
Often inspected and/or waiting parts of the engine and additional facilities must be easily accessible. | ||||||||||
The insulation material inside the engine room must not be capable of self-sustaining combustion. | ||||||||||
5.1.2. | ventilation | |||||||||
The engine room is too fan. The penetration of water through openings in the engine room must be kept as low as possible. | ||||||||||
5.1.3. | Free parts | |||||||||
Free moving or hot parts of the engine (the engines) that could cause injury are effective to protect if the engine (the engines) is not shielded by a cover or a body (sind). | ||||||||||
5.1.4. | Start of outerboard engines | |||||||||
All outer-board engines of water vehicles must have a device that prevents the start of the engine from embarking on a gear, except | ||||||||||
(a) | if the engine produces a static push of less than 500 N; | |||||||||
(b) | if the engine is fitted with a drossel device that limits the push to 500 N when the engine starts. | |||||||||
5.1.5. | Leadless hydromotorbikes | |||||||||
Water-motorbikes are either equipped with an automatic shutdown of the drive engine or an automatic device that brings the vehicle into slow, circular front-line traffic when the driver gets off or overboard. | ||||||||||
5.1.6. | External onboard engines with internal control are to be equipped with an equilibrium precursor that can be connected to the driver. | |||||||||
5.2. | Fuel system | |||||||||
5.2.1. | General | |||||||||
filling, storage and ventilation devices for fuel, as well as fuel delivery devices, must be interpreted in such a way as to minimise the risk of fire and explosion. | ||||||||||
5.2.2. | Fuel tanks | |||||||||
Fuel tanks, pipes and hoses must be fixed and separated from all major heat sources. The materials and design of the container must correspond to the design assets and the fuel type. | ||||||||||
Areas for petrol containers must be ventilated. | ||||||||||
Petrol tanks must not be part of the hull and must | ||||||||||
(a) | be isolated against the fire of an engine and from all other sources of ignition; | |||||||||
(b) | separated from the residential areas. | |||||||||
Diesel fuel tanks may be part of the hull. | ||||||||||
5.3. | Electrical system | |||||||||
Electrical systems must be designed and installed in such a way as to ensure proper operation of the water vehicle under normal operating conditions and to minimise the risk of fire and the risk of electric shocks. | ||||||||||
All electricity circuits must be secured before congestion, with the exception of battery-specific circuits. | ||||||||||
Power circuits and other power circuits may not influence each other in such a way that one of them does not function according to the rules. | ||||||||||
In order to prevent the collection of explosive gases that could escape from batteries, ventilation is to be ensured. Batteries must be well attached and protected from leaking water. | ||||||||||
5.4. | Control system | |||||||||
5.4.1. | General | |||||||||
Control and power control systems must be interpreted, built and built in such a way as to enable them to transfer control forces under predictable operating conditions. | ||||||||||
5.4.2. | Emergency devices | |||||||||
All sailing boats and all non-pelled sports boats with a single drive engine and remote control systems are equipped with emergency devices that can control the sport boat at a reduced speed. | ||||||||||
5.5. | Gas system | |||||||||
Gas systems for budget purposes must have a pressure reduction system and must be designed and installed to avoid gas leakage and the risk of explosion and to investigate un denseen places. Materials and components must be suitable for each of the gases used and must be used in such a way as to keep the various pressures in a maritime environment. | ||||||||||
All gas appliances used for the use of the manufacturer's instructions will be used in such a way. Each gas-using device must be supplied via a separate circuit and each device must have a separate shutdown device. Suitable ventilation must avoid a threat from gas leakage and combustion products. | ||||||||||
All watercrafts with a fixed gas system must have a space to accommodate all gas cylinders. This room must be separated from the residential areas; it can only be accessible from outside, and it must be externally ventilated so that leaking gas can be off-board. | ||||||||||
In particular, each fixed gas system must be inspected after installation. | ||||||||||
5.6. | Fight against fire | |||||||||
5.6.1. | General | |||||||||
The type of equipment installed and the design of the water vehicle must take into account the risk of fire and the spread of fires. Particular attention must be paid to the environment of devices that work with open flames, hot areas or machinery and auxiliary machines, abandoned oil and fuels, uncovered oil and fuel lines, and to the fact that electrical lines are not close to heat sources and hot areas. | ||||||||||
5.6.2. | Lifting devices | |||||||||
Sports boats must be equipped with fire-fighting devices, or must indicate the location and capacity of the fire risk corresponding to fire-fighting devices. The vehicle can only be put into operation if it is equipped with the corresponding extinguishing device. The engine rooms of petrol engines are to be protected by a fire-fighting system, which makes it unnecessary to open the room in case of fire. Any portable fire extinguishers may be installed in such a way that they are easily accessible; One of the fire extinguishers is to be ordered to easily reach from the main tax level of the recreational craft. | ||||||||||
5.7. | Navigation lights, signalling and acoustic signalling | |||||||||
Any navigation lighter, signalling and acoustic signalling devices must comply with the conflict prevention rules – KVR – of 1972 (COLREG - The International Regulations for Preventing Collisions at Sea) and CEVNI recommendations (European Code for Interior Navigations for inland waterways). | ||||||||||
5.8. | Protection against water pollution and facilities to facilitate waste disposal on land | |||||||||
Water vehicles must be built in such a way as to prevent accidental discharge of contaminated substances (oil, fuel, etc.). | ||||||||||
All toilets installed in recreational craft can only be connected to a sewage system or to a waste water treatment system. | ||||||||||
Recreational boats with built-in vessels must be equipped with a standard waste water connection to connect pipelines from start-ups to the water management of the recreational craft. | ||||||||||
Water discharges for human waste also have to be fitted with valves that can be secured in closure. | ||||||||||
B. Basic requirements for exhaust emissions from propulsion engines
Engines must meet the basic requirements for exhaust emissions specified in this part. | ||||||||||
1. | RECOGNITION OF THE ANTRIEBSMOTOR | |||||||||
1.1. | Each engine is clearly provided with the following information: | |||||||||
(a) | name, registered trade name or registered trade mark and contact name of the engine manufacturer; the name and contact address of the person who has adapted the engine; | |||||||||
(b) | engine type, engine family, if correct; | |||||||||
(c) | clear serial number; | |||||||||
(d) | CE marking in accordance with § 18. | |||||||||
1.2. | According to Z 1.1, the entire normal life of the engine must be lengthy and clearly legible and durable. If stickers or plaques are used, they must be so appropriate that they remain attached throughout the normal life of the engine and cannot be removed without destruction or damage. | |||||||||
1.3. | The information must be placed on a part of the engine that is necessary for the normal operation of the engine and must normally not be exchanged throughout the engine's lifetime. | |||||||||
1.4. | The information must be displayed in such a way that they are well visible if all parts necessary for operation are assembled. | |||||||||
2. | REQUIREMENTS IN BEZUG TO ABGASEMISSIONS | |||||||||
Engines must be designed, manufactured and installed in such a way that, when properly installed and normally operated, exhaust emissions do not exceed the limit values set in Table 1 and Z 2.2 tables 2 and 3. | ||||||||||
2.1. | For the purposes of Section 42(2). 2 and Z 2.2 Table 2 | |||||||||
Table 1: (g/kWh) | ||||||||||||||||||||||||||||||
| Carbon monoxide CO = A + B/PN n | Hydrocarbons HC = A + B/PN n | Nitrogen oxides NOx | Particulates PT | ||||||||||||||||||||||||||
A | B | n | A | B | n | |||||||||||||||||||||||||
| 150.0 | 600,0 | 1.0 | 30,0 | 100,0 | 0.75 | 10,0 | Not applicable | ||||||||||||||||||||||
| 150.0 | 600,0 | 1.0 | 6.0 | 50,0 | 0.75 | 15.0 | Not applicable | ||||||||||||||||||||||
| 5.0 | 0 | 0 | 1.5 | 2.0 | 0.5 | 9.8 | 1.0 | ||||||||||||||||||||||
These include A, B and n constituents according to the table, PN is the engine power in kW.
2.2. | From 18. 1 January 2018: | |||||||||
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(+) | Alternatively, compression-ignition engines with a nominal power of 37 kW or more and under 75 kW and with a cylinder capacity below 0.9 L/Zylinder may be a PT-emission limit of 0.20 g/kWh and a combined HC+NOxemission limit of 5.8 g/kWh. | |||||||||
(++) | Self-ignition engines may not exceed an emission limit value for carbon monoxide (CO) of 5.0 g/kWh. | |||||||||
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2.3. | Test cycles: | |||||||||
Testing cycles and applicable weighting factors: | ||||||||||
Taking into account the values of the table below, the proceeding according to the provision of Annex I Section B Z 2.3 of Directive 2013/53/EU shall be carried out as follows: | ||||||||||
The test cycle E1 or E5 applies to variable compression ignition engines; Alternatively, the E3 test cycle can be applied when it comes to more than 130 kW. The test cycle E4 applies to variable spark ignition engines. | ||||||||||
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The notified bodies may accept that the tests are carried out on the basis of other test cycles, in so far as they are indicated in a harmonised standard and applicable to the engine's load cycle. | ||||||||||
2.4. | Application of the concept of the engine family and selection of the trunk engine | |||||||||
The engine manufacturer is responsible for determining the engines from its range of products to be included in an engine family. | ||||||||||
A stem engine will be selected within a family of engines so that its emission characteristics are representative for all engines of the engine family. The engine that combines the characteristics that are likely to result in the highest specific emissions (expressed in g/kWh) during an examination in the applicable test cycle should normally be selected as the family's parent engine. | ||||||||||
2.5. | reference fuels | |||||||||
The reference fuel for the exhaust emission test must have the following characteristics:
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The notified bodies may accept tests carried out on the basis of other reference fuels indicated in a harmonised standard. | ||||||||||
3. | FARMING | |||||||||
The engine manufacturer must provide assembly and maintenance manuals for the engines; In compliance with the rules contained therein, the engine should comply with the limit values set out in the Z 2.1 and 2.2 during its normal operating conditions. | ||||||||||
The necessary information is obtained by the engine manufacturer on the basis of pre-assessment tests that are based on normal operating cycles, and by calculating the material fatigue, so that it can prepare the necessary maintenance requirements and allow all new engines to be placed on the market for the first time. | ||||||||||
The normal life of an engine corresponds to the following values: | ||||||||||
(a) | compression ignition engines: 480 operating hours or 10 years (according to what first enters); | |||||||||
(b) | Internal-board-freight ignition engines and engines with a power drive with or without an integrated exhaust system: | |||||||||
(i) | Engines of Category PN ≤ 373 kW: 480 operating hours or ten years (everever, what first enters); | |||||||||
ii) | Engines of category 373 < PN ≤ 485 kW: 150 hours of operation or three years (according to what first occurs); | |||||||||
iii) | Engines of Category PN485 kW: 50 hours of operation or one year (according to what first occurs); | |||||||||
(c) | Hydromotor engines: 350 operating hours or five years (according to what first enters); | |||||||||
(d) | Outboard engines: 350 operating hours or 10 years (depending on what first enters). | |||||||||
4. | EIGNERHANDB | |||||||||
Each engine is to be supplied with an owner manual in a language or language that the Member State in which the engine is to be distributed and which can easily understand consumers and other end users. | ||||||||||
The owner manual has to contain: | ||||||||||
(a) | rules on how to install, use and wait the engine to ensure a proper functioning of the engine in accordance with the requirements of Z 3 (long-term behaviour); | |||||||||
(b) | the indication of the engine performance measured according to the harmonised standard. | |||||||||
C. Basic requirements regarding noise emissions
Recreational boats with internal-board engines or engines with a low-integrated exhaust system, hydro-motors and outer-board engines and engines with Z-admission and integrated exhaust system must meet the basic requirements of noise emissions specified in this part. | ||||||||||
1. | RULES | |||||||||
1.1. | Recreational boats with internal-board engines or engines with a power drive without an integrated exhaust system, hydro-motors and external-board engines and engines with a power drive and integrated exhaust system are designed, manufactured and assembled so that noise emissions do not exceed the limit values set out in the table below. | |||||||||
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PN the nominal power in kW of a single engine at nominal speed and LpASmax the maximum sound pressure level in dB. | ||||||||||
For two and more-engineered aggregates of all engine types, the limit can be increased by 3 dB. | ||||||||||
1.2. | As an alternative to noise measurements, the noise requirements for Z 1.1 also apply to recreational craft with inner-board engines or engines without an integrated exhaust system, if they have a Froude number ≤1.1 and a ratio of performance/reduction ≤ 40 and the engine and exhaust system are installed according to the requirements of the engine manufacturer. | |||||||||
1.3. | The "Froude payment" Fn is calculated by dividing the maximum speed of the V (m/s) by the product from the square root of the water length of the river (m) and a given constant of gravity acceleration (g = 9.8 m/s2). | |||||||||
Fn = 
The "performance/displacement" is calculated by division of engine power PN (kW) by phasing out the recreational craft D (t).
Relationship performance/displacement = PN/D
2. | EIGNERHANDB | |||||||||
For recreational craft with internal-board engines or engines with a Z-admission without an integrated exhaust system and for hydromotorbikes, the owner manual required under Part A Z 2.5 contains the necessary information to obtain the sports boat and the exhaust system in a state to ensure, where possible, that the limit values for noise emissions are met. | ||||||||||
For outdoor-board engines and for engines with an integrated exhaust system, the owner manual, required under Part B Z 4, contains the necessary instructions to obtain the engine in a state that ensures, where possible, that the limit values for noise emissions are respected when normal operation is carried out. | ||||||||||
3. | FARMING | |||||||||
The provisions on long-term behaviour in Part B Z 3 are deemed to be in line with the requirements for noise emissions in Z 1. | ||||||||||
ANNEX II
WESTERN WATER PROCEDURES
Devices for internal-vehicle engines, petrol engines with powertrains and rooms for petrol tankers,
Start-up devices for outerboard engines,
steering gear and wiring,
fuel tanks for solid installation and fuel lines;
precast hatches and side windows.
ANNEX III
DECLARATION OF THE HERSTELLERS OR OF THE ARRANGEMENTS
WATER PROCEDURE
(§ 6(2))
The statement by the manufacturer or the importer established in the European Union in accordance with § 6(2). 2 must include: | ||||||||||
(a) | Name and address of the manufacturer; | |||||||||
(b) | the name and address of the representative of the manufacturer established in the Union or, where appropriate, the person responsible for placing on the market; | |||||||||
(c) | Description of incomplete watercraft; | |||||||||
(d) | Declaration that the incomplete water vehicle meets the basic requirements for each stage of construction; indication of the relevant harmonised standards that have been applied or indicate the specifications for which conformity is declared in the relevant construction stage; also a statement that the finalisation is intended in full accordance with this Regulation by another natural or legal person. | |||||||||
ANNEX IV
EU CONFORMITIES DECLARATION No.1
1. | No. xxxxxx (product: product, batch, type or serial number): | |||||||||
2. | Name and address of the manufacturer or his representative [the representative must also indicate the company and address of the manufacturer] or the private importer: | |||||||||
3. | The sole responsibility for the issue of this declaration of conformity is the responsibility of the manufacturer, the private importer or the § 19. 2 or 4 above. | |||||||||
4. | The purpose of the declaration (identification of the product for traceability; where appropriate, a photography may be added): | |||||||||
5. | The subject-matter of the declaration, as described in C 4, meets the relevant harmonisation legislation of the Union: | |||||||||
6. | indication of the relevant harmonised standards used or indication of the other technical specifications for which conformity is declared: | |||||||||
7. | (if applicable:) The notified body ... (name, number) has issued ... (description of its participation) and the following certificate: | |||||||||
8. | Identification of the person empowered to sign legally for the manufacturer or his representative. | |||||||||
9. | Additional information: | |||||||||
The EU declaration of conformity must be accompanied by a statement by the manufacturer of the motor engine and the person who has a motor in accordance with § 6(2). 4 Z 2 and 3, including: | ||||||||||
(a) | the engine, if it is installed in a water vehicle in accordance with the installation requirements attached to the engine, meets the following requirements: | |||||||||
(i) | the requirements for exhaust emissions under this Regulation; | |||||||||
ii) | the limit values of Directive 97/68/EC relating to engines type-approved in accordance with Directive 97/68/EC, which respect the emission limit values of Stage III A, Stage III B or Stage IV for compression-ignition engines for other applications other than the drive of inland waterway vessels, locomotives and locomotives as set out in Annex I T 4.1.2 of this Directive; or | |||||||||
iii) | the limit values of Regulation (EC) No 595/2009 with regard to engines type-approved in accordance with this Regulation. | |||||||||
The engine can only be put into operation if the water vehicle to which it is to be installed, if necessary, has been declared compatible with the relevant provisions of this Regulation. | ||||||||||
If the engine was taken during the § 42. This must be indicated in the EU declaration of conformity. | ||||||||||
Signed for and on behalf of: | ||||||||||
(the place and date of the exhibition) | ||||||||||
(name, function) | ||||||||||
ANNEX V
SUSTAINABLE CONFORMITIES
TO THE PRINCIPATION OF THE BEGUTUAL COUNTRIES
(MODUL PCA)
1. | Conformity on the basis of the evaluation after construction (postconstruction assessment - PCA) is the procedure for assessing the equivalent conformity of a product in which the manufacturer has not taken over the responsibility for the conformity of the product with this Regulation and on the basis of which a natural or legal person is subject to Article 19(2). 2, 3 or 4, which market or enters the product, takes responsibility for the equivalent conformity of the product. This person shall comply with the obligations set out in the C 2 and 4 and declare, on its own responsibility, that the product subject to the provisions of Z 3 is sufficient to meet the requirements applicable to it. | |||||||||
2. | The person who places the product on the market or enters into service, requests a notified body to review the product after construction; the notified body must, on the one hand, submit the documents and technical documents that it needs to assess the conformity of the product with the requirements of this Regulation and, on the other hand, provide all available information on the use of the product after its first commissioning. | |||||||||
The person who makes or enters such a product must retain these documents and information for ten years after assessing the equivalent conformity of the product according to the PCA procedure. | ||||||||||
3. | The notified body investigates the individual product and carries out calculations, tests and other assessments to the extent necessary to demonstrate an equivalent conformity of the product with the essential requirements of the Regulation. | |||||||||
The notified body shall issue a certificate and an accompanying conformity report on the evaluation carried out; it maintains a copy of this certificate and its conformity report and stands ready for the market surveillance authority for ten years after the publication of these documents. | ||||||||||
The notified body shall add its identification number to each approved product or it shall bear it under its responsibility. | ||||||||||
If the product is covered by a watercraft, the notified body, under its responsibility, must also transfer the identification number of the watercraft according to Annex I Part A Z 2.1; The field is used for the country code of the manufacturer for the indication of the country in which the notified body is established and the fields for the unique producer code assigned by the Federal Minister for Science, Research and Economy, are used to indicate the notified body's identification number, followed by the PCA number. The fields of the identification number of the water vehicle for the month and year of production and for the year of the model are to be used to indicate the month and year of evaluation after construction. | ||||||||||
4. | CE marking and EU declaration of conformity | |||||||||
4.1. | The person placing the product on the market or entering into the market must bear the CE marking and, under the responsibility of the notified body to Z 3, its identification number on the product for which the notified body has carried out the evaluation and certified equivalent conformity with the relevant requirements of this Regulation. | |||||||||
4.2. | The person who makes or enters the product must prepare an EU declaration of conformity and keep it available for the market surveillance authority for ten years after the date of issue of the PCA certificate. The Declaration of Conformity must show which product has been issued. | |||||||||
A copy of the EU declaration of conformity will be made available to the market surveillance authority upon request. | ||||||||||
4.3. | When it comes to the reviewed product for a water vehicle, the person placing the product on the market or entering into operation must add to the chain of manufacture set out in Part A of Part A of 2.2, which contains the term "assesssment after completion of the construction" and the watercraft identification number described in Part A of Annex I. | |||||||||
5. | The notified body must inform the person placing the product on the market or in operation of its obligations under this PCA procedure. | |||||||||
ANNEX VI
APPLICATION OF MODUL A1
(INTERNE PREVENTION CONDUCTION WITH THE RESPECTS)
(§ 24 ABSATZ 2)
Design and construction
In one or more of the water vehicles that are representative of the production of a manufacturer, the manufacturer must carry out one or more of the following tests or make an equivalent calculation or control: | ||||||||||
(a) | Stability test according to Annex I Part A Z 3.2; | |||||||||
(b) | Examination of the distribution characteristics of Annex I Part A Z 3.3. | |||||||||
Noise emissions
Recreational boats with inner-board engine or motor with Z-drive without integrated exhaust system and hydromotors: In one or more of the water vehicles that are representative of the production of the watercraft manufacturer, the water vehicle manufacturer must, under the responsibility of a notified body, carry out or perform the noise measurements referred to in Part C of Annex I. | ||||||||||
Outboard engines and engines with Z-advantage with integrated exhaust system: In one or more engines of each engine family, which are representative of the production of the engine manufacturer, the engine manufacturer must carry out or perform the noise measurements set out in Annex I Part C, under the responsibility of a notified body chosen by the manufacturer. | ||||||||||
If more than one engine is tested, the statistical procedures described in Annex VII are to be applied to ensure the conformity of the sample. | ||||||||||
ANNEX VII
PRODUCTION PRÜM REVIEW
WITH THE ABGAS AND LÄRMENTAL RIGHTS
1. | To determine the conformity of an engine family, a sample can be found in the series. The manufacturer determines the size of the sample in agreement with the notified body. | |||||||||
2. | For each element of exhaust emissions and noise emissions, the arithmetic X is calculated from the sample. The serial production is considered to be a "check" if the following condition is met: | |||||||||
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n | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |||||||||||||||||||||||
k | 0.973 | 0.613 | 0.489 | 0.421 | 0.376 | 0.342 | 0.317 | 0.296 | 0.279 | |||||||||||||||||||||||
n | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | |||||||||||||||||||||||
k | 0.265 | 0.253 | 0.242 | 0.233 | 0.224 | 0.216 | 0.210 | 0.203 | 0.198 | |||||||||||||||||||||||
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ANNEX VIII
EXTERNAL PROCEDURE OF MODUL C (CONFORMITIES WITH THE COMMERCIAL REQUIREMENTS)
In the § 24 paragraphs. 5 cases referred to above are the following procedure if the quality level is judged insufficient:
An engine is taken out of the series and subject to the test described in Annex I Part B. The test engines have been inspected according to all or part of the manufacturer's information. If the specific exhaust emissions of the engine withdrawn from the series exceed the limit values set out in Annex I Part B, the manufacturer may demand that measurements are made at a sample of engines taken from the series and below which the engine is first removed. In order to ensure the conformity of the sample of engines with the requirements of this Regulation, the statistical procedure described in Annex VII shall be applied.
ANNEX IX
TECHNICAL SITUATION
The § 7 paragraph 2 and the technical documents referred to in § 25 shall in particular include:
(a) | a general description of the type; | |||||||||
(b) | design, manufacturing drawings and plans of components, construction groups, circuit boards and other relevant information; | |||||||||
(c) | descriptions and explanations necessary to understand these drawings and plans and to work the product; | |||||||||
(d) | a list of standards referred to in § 14, fully or partially applied, as well as a description of the solutions chosen to meet the basic requirements, where the standards referred to in Section 14 have not been applied; | |||||||||
(e) | the results of the design calculations, tests and other relevant information; | |||||||||
(f) | test reports or equivalent calculations, in particular on stability in accordance with Part A of Annex I, Part A Z 3.2 and on distribution characteristics as set out in Annex I Part A Z 3.3; | |||||||||
(g) | reports on exhaust emission testing as proof of compliance with Annex I Part B Z 2; | |||||||||
(h) | Reports on noise emission tests as proof of compliance with Part C of Annex I. | |||||||||
