Sport Boat Regulation 2015 - 2015 Spbv

Original Language Title: Sportbooteverordnung 2015 – SpBV 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

41. Regulation of the Federal Minister for Science, Research and the Economy on the requirements for recreational craft and water motorcycles (sports booting ordinance 2015-SpBV 2015)

On the basis of § 2 (1) of the Machine-Marketing and Notifying G-MING, BGBl.  I No 77/2015, shall be:

Table of Contents

1.
section General provisions

§ 1.

Purpose, implementation of EU law

§ 2.

Scope

3.

Definitions

4.

Basic Requirements

5.

National Shipping Rules

§ 6.

Free movement of goods

2.
section Duties of economic operators

7.

Manufacturers ' obligations

§ 8.

Plenipotentiary

9.

The duties of the leaders

10.

Dealer's obligations

11.

Cases in which the manufacturer's obligations also apply to the importer and merchants

12.

Private importer obligations

13.

Identification of economic agents.

3.
section Conformity of the product

§ 14.

Conformance presumption

§ 15.

EU-Declaration of Conformity and Declaration in accordance with Annex III

16.

General principles of CE marking

17.

Products for which the CE marking is mandatory

§ 18.

Terms and Conditions for attaching the CE marking

4.
section Compliance Assessment

§ 19.

conformity assessment procedures to be applied

§ 20.

Design and Construction

§ 21.

exhaust emissions

§ 22.

Noise emissions

23.

Construction Execution Review

§ 24.

Additional Requests

§ 25.

Technical documents

5.
section Notification of conformity assessment bodies

§ 26.

notifying authority information obligations

27.

Requests to notified bodies

§ 28.

Conformance presumption

29.

Branch companies of notified bodies and award of Suborders

§ 30.

Notification procedure

§ 31.

Identification numbers and directory of notified bodies

32.

Changes to notifications

33.

Feeding the competency of notified bodies

34.

The duties of notified bodies in relation to their work

35.

Reported posts reporting obligations

36.

Coordinating the notified bodies

6.
section Monitoring of products

37.

Monitoring the Union market and control of the EU market imported products

38.

Method of handling products with which a hazard is connected

§ 39.

Formal non-compliance

§ 40.

Reporting

7.
section Entry into force, transitional and final provisions

§ 41.

Entry into force

§ 42.

Transitional provisions

43.

Language Equal Treatment

of attachments

I

Basic requirements

II

Components for watercraft

III

Statement by the manufacturer or the incomplete watercraft importer (§ 6 paragraph 2)

IV

EU Declaration of Conformity

V

Equal compliance on the basis of the construction execution assessment (PCA module)

VI

Additional requirements for the application of module A1 (internal production control with supervised product testing) (§ 24 paragraph 2)

VII

Testing of production for compliance with exhaust and noise regulations

VIII

Complementary procedure when using Module C (Conformance with design based on internal manufacturing control)

IX

Technical documentation

1. Section

General provisions

Purpose, implementation of EU law

§ 1. (1) The purpose of this Regulation is to ensure that the products referred to in Article 2 (1) are placed on the market or made available on the market only if they are placed on the market. meet the requirements of the Directive referred to in paragraph 2, which ensure a high level of protection of human health and safety, as well as of goods and the environment, while at the same time the functioning of the internal market

(2) This Regulation lays down Directive 2013 /53/EU on recreational craft and motorcycles and repealing Directive 94 /25/EC, OJ L 327, 30.4.1994, p. No.  OJ L 354, 28.12.2013 p. 90, transposed into Austrian law.

(3) For the purposes of this Regulation, the products referred to in Article 3 (1) of this Regulation shall apply, including the propulsion engines and components intended for them, as defined in Article 2 (1) of this Regulation.

Scope

§ 2. (1) This Regulation shall apply to the following products:

1.

Sports boats and incomplete sports booting;

2.

Water motorcycles and incomplete water motorcycles;

.

Components listed in Annex II, if they are automatically placed on the Union market components (hereinafter referred to as "components");

4.

Drive motors that are mounted on watercraft or , or specially designed for cultivation, or Installation in these vehicles is intended;

.

for watercraft, or Built-in drive motors, where a larger engine conversion is performed;

6.

Water craft that is being rebuilt;

7.

Water vehicles, which are also available for charter or sports and leisure training purposes. provided they are placed on the market for leisure purposes on the Union market.

(2) This Regulation shall not apply to the following products:

1.

with regard to the design and construction requirements listed in Annex I, Part A:

a)

only designated for races and marked accordingly by the manufacturer Watercraft, including racing rowing boats and training rowing boats;

)

canoes and kayaks that are designed to be driven solely by muscle power, and Gondolas and pedal boats;

)

Surfboards designed solely for propulsion by wind, and by one or more multiple standing persons;

)

Surfboards;

e)

Historical original watercraft and mainly manufactured with original materials and from Manufacturer according to individual afterbuildings of historic watercraft designed before 1950;

)

Water vehicles used

experimental purposes, unless they are placed on the Union market ,

)

Water vehicles built for their own use, provided that they are used for a period of five The following years shall not be placed on the Union market after the entry into service of the watercraft;

h)

Water vehicles for the specific purpose of being occupied with a crew and passengers transport, irrespective of the number of passengers and without prejudice to paragraph 1 (1) (7);

i)

diving vehicles;

j)

Aircushion vehicles;

)

hydrofoil booting

)

Water vehicles with steam propulsion based on external combustion, which are powered by coal, coke, wood, oil or gas;

)

Amphibious vehicles, d.  h. motor vehicles on wheels or track chains, which can be operated both in water and on land;

2.

with regard to the exhaust emissions requirements listed in Annex I, Part B:

)

drive motors installed in the following products, or specifically intended for installation:

aa)

only designated for races and marked accordingly by the manufacturer Watercraft;

bb)

Water Vehicles used for experimental purposes, unless they are placed on the Union market ,

)

Water vehicles for the specific purpose of being occupied with a crew and Transport passengers on a commercial basis, irrespective of the number of passengers and without prejudice to paragraph 1 Z 7;

)

diving vehicles;

)

Aircushion vehicles;

ff)

hydrofoil booting

)

Amphibious vehicles, i.e. motor vehicles running on wheels or track chains, both in the water as well as on land;

)

Original engines and individual rebuilds of historical propulsion engines designed before 1950, which have not been produced in series and in watercraft according to Z 1 lit.  e or g are installed;

)

Drive motors built for their own use, as long as they are used for a period of five The following years shall not be placed on the Union market after the entry into service of the watercraft;

.

for noise emissions requirements listed in Annex I, Part C:

a)

all watercraft named in Z 2;

)

Water vehicles built for their own use as long as they are used for a period of five Years, calculated from the date of entry into service of the watercraft, not subsequently placed on the market in the Union.

Definitions

§ 3. For the purposes of this Regulation, the term:

1.

"Water vehicle": sports boats or water motorcycles;

2.

"Sportsboat": all watercraft-regardless of the type of drive and excluding Water motorcycles-with a hull length of 2.5 m to 24 m, which are intended for sports and leisure purposes;

3.

"Water motorbike": for sports and leisure purposes, certain watercraft with less than 4 m Hull length using a drive motor with jet pump drive as the main drive source and designed to be driven by one or more persons sitting, standing or kneeling not in but on the fuselage;

4.

"Water Vehicles built for your own use": watercraft, which is predominantly used by its Future users will be built for their own use;

5.

"drive motor" means any foreign or indirect drive used for drive purposes. Self-ignition internal combustion engines;

6.

"Major engine conversion": a modification of the drive motor, which might cause the engine exceeds the emission limit values set out in Annex I, Part B, or which increases the nominal engine power by more than 15%;

7.

"Major conversion of the watercraft": a conversion of the watercraft, in which the drive type of the watercraft, the engine is subjected to a major conversion, or the vessel is modified to an extent that it may not be required to comply with the essential safety and environmental requirements laid down in this Regulation

8.

"Drive Type": the method used to drive the watercraft;

9.

"Engine family": a set of engines assigned by the manufacturer to the engine due to their design similar properties with respect to their exhaust or noise emissions;

10.

"RumpflLength": the length of the fuselage measured according to the harmonised standard.

11.

"Providing on the market": any delivery of a product, whether in return for payment or free of charge for distribution, consumption or use on the Union market in the context of a business activity;

12.

"Placing on the market" means the first-time delivery of a product on the Union market;

13.

"Start up": the first use of a product covered by this Regulation in the Union by the end consumer;

14.

"Manufacturer": any natural or legal person who makes a product or develop or manufacture and market this product under their own name or trademark;

15.

"Plenipotentiary" means any natural or legal person established in the European Union, which has been commissioned by a manufacturer to carry out certain tasks in its name;

16.

"importer": any natural or legal person resident in the European Union who a product from a third country placing on the market on the Union market;

17.

"Private importer": any natural or legal entity established in the European Union. A person placing on the market a product from a third country in the course of a non-commercial activity on the Union market with the intention of putting it into service for its own use;

18.

"Dealer": any natural or legal person in the supply chain who is a product on the market, with the exception of the manufacturer or the importer;

19.

"Economic agents": the manufacturer, the authorized agent, the importer, and the trader;

20.

harmonized standard ": a harmonised standard as defined in Art. 2 para. 1 lit.  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, 98 /34/EC, 2004 /22/EC, 2007 /23/EC, 2009 /23/EC and 2009 /105/EC and Repeal of Decision 87 /95/EEC and Decision No 1673 /2006/EC, OJ L 136, 31.5.2002, p.  OJ L 316, 14.11.2012 p. 12;

21.

"Accreditation": an accreditation within the meaning of Art. 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 327, 31.12.1993, p.  OJ L 218, 13.08.2008 p. 30;

22.

"National Accreditation Body": a national accreditation body within the meaning of Art. 2 Z 11 Regulation (EC) No 765/2008;

23.

"Conformity Assessment": the procedure to determine if the requirements of these a product, process or system has been complied with;

24.

"Conformance assessment body": a body that has conformity assessment activities including calibrations, audits, certifications, and inspections;

25.

"Call back": any measure that already has the effect of returning one of the end-user ,

26.

"Withdrawal": any measure to prevent a supply chain from being used the market is provided on the market;

27.

"Market Surveillance": the activities carried out by the authorities and by them Measures to ensure that the products comply with the requirements of the relevant Union harmonisation legislation and do not endanger health, safety or any other in the public sector. Interest in protecting areas of interest;

28.

"CE marking": Labelling by which the manufacturer declares that the product is shall comply with the requirements laid down in the European Union's harmonisation legislation on its affixing;

29.

"Union Harmonization Law": European Union legislation on Harmonisation of conditions for the marketing of products,

30.

"Market Surveillance Authority": the MING for the implementation of market surveillance pursuant to Section 6 (1) of the MING competent authority.

Basic requirements

§ 4. The products referred to in Article 2 (1) may only be made available or put into service if they have been properly maintained and used in accordance with their conditions of use. It does not endanger the health and safety of persons and property, nor the environment, and at the same time comply with the relevant essential requirements of Annex I.

National Provisions for Shipping

§ 5. Provisions relating to the protection of the environment and the structure of waterways, as well as to the safety of waterways for shipping in certain waters shall not be affected by this Regulation, provided that such provisions do not require the conversion of watercraft corresponding to this Regulation and those provisions are justified and proportionate.

Free movement of goods

§ 6. (1) The market surveillance authorities may not impede the provision on the market or, without prejudice to § 5, the placing on the market of watercraft if they comply with this Regulation.

(2) Market surveillance authorities shall not impede the provision on the market of incomplete watercraft if the manufacturer or importer declares in accordance with Annex III that the completion of the Watercraft is intended by others.

(3) The market surveillance authorities shall not hinder the provision on the market or the putting into service of components corresponding to this Regulation, which shall be subject to the manufacturer ' s declaration referred to in Article 15 of this Regulation, or Guides for installation in a watercraft are intended.

(4) The market surveillance authorities shall not hinder the provision on the market or the putting into service of the following propulsion engines:

1.

engines, whether or not installed in watercraft, that comply with this Regulation;

2.

installed in watercraft and in accordance with Directive 97 /68/EC on the approximation of Legislation of the Member States relating to measures to combat the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery, OJ L 327, 31.12.2002, p. No.  OJ L 59 of 27.02.1998 p. 1, as last amended by Directive 2011 /88/EU, OJ L 59, 23.2.2011, p.  1, type-approved engines with the limit values of Stage III A, Stage III B or Stage IV for compression-ignition engines for applications other than the propulsion of inland waterway vessels, locomotives and railcars as set out in Annex I Z 4.1.2 of this Directive and comply with this Regulation, with the exception of exhaust gas emissions requirements in Part B of Annex I;

3.

installed in watercraft and approved in accordance with Regulation (EC) No 595/2009 on type approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and access to vehicle repair and
maintenance information, amending Regulation (EC) No 715/2007 and Directive 2007 /46/EC and repealing Directives 80 /1269/EEC, 2005 /55/EC and 2005 /78/EC, OJ L 327, 30.12.2005, p. No.  1, as last amended by Regulation (EU) No 133/2014 adapting Directive 2007 /46/EC, Regulation (EC) No 595/2009 and Regulation (EU) No 582/2011 in respect of technical progress with regard to: Emission limit values, OJ No.  1, type-approved engines which comply with this Regulation, with the exception of exhaust gas emissions requirements in Annex I, Part B.

(5) (4) (2) and (3) shall apply subject to the following condition: if a motor has been adapted for installation in a watercraft, the person carrying out the adjustment shall ensure that the data and the data are adapted to the requirements of the vehicle. be fully taken into account for other information from the engine manufacturer, in order to ensure that the engine, if installed in accordance with the installation requirements of the person making the adjustment, continues to meet the requirements for: Exhaust emissions, either in accordance with Directive 97 /68/EC or in Regulation (EC) No  595/2009 in accordance with the declaration of the motor manufacturer. The person carrying out the adjustment of the engine shall declare, in accordance with § 15, that the engine shall continue to meet the exhaust emissions requirements either in accordance with Directive 97 /68/EC or in accordance with Regulation (EC) No 595/2009, in accordance with the declaration of the Motor manufacturer meets when installed in accordance with the installation requirements of the person making the adjustment.

(6) In the case of trade fairs, exhibitions and similar events, the products referred to in Article 2 (1) which do not comply with the provisions of this Regulation may be issued, provided that a visible sign is clearly indicated on the Points out that these products do not comply with this Regulation and cannot be made available or put into service in the Union as long as their conformity with this Regulation is not established.

2. Section

Economic Operators ' duties

Obligations of manufacturers

§ 7. (1) Manufacturers, when placing products on the market, must ensure that they comply with the requirements of § 4 and Annex I applicable to their products. designed and manufactured.

(2) The manufacturers must prepare the technical documentation in accordance with § 25 and have the relevant conformity assessment procedure carried out or carried out in accordance with § § 19 to 22 and § 24. Where the conformity assessment procedure has shown that a product complies with the requirements of this Regulation, the manufacturer must issue an EU declaration of conformity in accordance with § 15 and the CE marking in accordance with § § 17 and 18

(3) Manufacturers must keep the technical documentation and the EU declaration of conformity as well as the declaration in accordance with § 15 (5) after placing the product on the market for ten years.

(4) Manufacturers must ensure, by means of appropriate procedures, that conformity with this Regulation is always ensured in the case of series production. Any changes to the design of the product or its characteristics, as well as modifications to the harmonised standards or other technical specifications referred to in the declaration of conformity of a product, shall be duly taken into account . Where, in view of the risks posed by a product, manufacturers are required to take samples of products on the market for the protection of the health and safety of consumers, carry out audits, where necessary, a list of complaints, non-conforming products and product recalls, and keep distributors informed of such monitoring.

(5) Manufacturers must ensure that products they have placed on the market carry a type, batch or serial number or other identification mark for their identification, or, if this is due to the The size or nature of the product shall not be allowed to indicate the information required on the packaging or in the documents accompanying the product.

(6) Manufacturers must have their name, company or registered trade mark and their contact address under which they can be reached, either on the product itself or, if this is not possible, on of the packaging or in the documents accompanying the product. The address must indicate a single point of contact at which the manufacturer can be reached.

(7) Manufacturers must ensure that the product is accompanied by the user manual and the safety information in the owner's manual in German.

(8) Manufacturers who consider or have reason to believe that a product they have placed on the market is not in conformity with this Regulation shall immediately take the remedial measures to: in order to establish the conformity of this product or, where appropriate, to withdraw or recall it. In addition, where risks are associated with the product, producers must immediately inform the competent national authorities of the Member States in which they have provided the product on the market, and in so doing, provide detailed information, in particular on the non-compliance and the remedial measures taken.

(9) Manufacturers shall, at the request of the market surveillance authority, have all the information and documents necessary to demonstrate the conformity of the product to this Regulation, in accordance with the reasoned request. To make paper or electronic means available in German. They shall cooperate with this authority, at their request, in all measures to prevent the risks associated with products which have placed them on the market.

Authorized

§ 8. (1) A manufacturer may nominate an authorized representative in writing.

(2) The obligation pursuant to Section 7 (1) and the preparation of the technical documentation shall not be part of the mandate of an agent.

(3) An authorized representative shall carry out the tasks defined in the contract received by the manufacturer. The contract shall allow the authorised representative to carry out at least the following tasks:

1.

A copy of a copy of the declaration in accordance with § 15 and the technical documentation for the Market surveillance authority for 10 years after placing the product on the market;

2.

On a reasoned request to complete all the required information and documents on the Proof of conformity of a product to the market surveillance authority and to the authorities responsible for the control of the external border;

.

at the request of the Market Surveillance Authority Cooperation for all measures to avert the Risks associated with products that are part of the role of the plenipotentiary.

Obligations of the importer

§ 9. (1) The importer may place only conformable products on the market.

(2) Before placing a product on the market, the importer 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 he has the required documents in accordance with § 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 has complied with the requirements of Article 7 (5) and (6). Where a importer considers or has reason to believe that a product does not comply with the essential requirements laid down in Article 4 and Annex I, he may not place the product on the market before the conformity of the product with the product is not in conformity with the basic requirements laid down in Article 4 and Annex I. Product is manufactured. If a risk is associated with the product, the importer shall inform the manufacturer and the market surveillance authority accordingly.

(3) The importer shall have their name, company or registered trade mark and their contact address under which they may be obtained, either on the product itself or, where this is not possible, on the Packaging or in the documents accompanying the product.

(4) The importer must ensure that the product is accompanied by the user manual and the safety information in the owner's manual in the German language.

(5) As long as a product is in its responsibility, the importer shall ensure that the conditions of its storage or transport comply with the conformity of the product with the requirements of: § 4 and Annex I to this Regulation shall not be affected.

(6) In the event that this is considered appropriate in view of the risks posed by a product, the importer shall have sample checks on the market for the protection of the health and safety of consumers. to carry out an examination of these products and, if necessary, to establish a list of complaints concerning non-conformal products and recalls of products, and to provide traders with information on such surveillance activities to keep up-to-date.

(7) importer who considers or has reason to believe that a product which they have placed on the market is not in conformity with this Regulation shall immediately take the necessary remedial measures, in order to ensure the conformity of this product or, where appropriate, to withdraw or recall it. In addition, if risks are associated with the product, the importer shall immediately inform the competent national authorities of the Member States of the European Union in which they have provided the product on the market and provide detailed information, in particular on the non-compliance and the remedial measures taken.

(8) The importer must, after placing the product on the market, keep a copy of the declaration pursuant to § 15 for the market surveillance authority for 10 years and ensure that it is accompanied by the technical documentation on request.

(9) The importer must, at the request of the market surveillance authority and the competent authorities responsible for checking the external border, all the information and documents necessary for the proof of conformity of the Products are required, in paper form or by electronic means in German. They must cooperate with those authorities, at their request, in all measures to avert the risks associated with products which have placed them on the market.

Obligations of traders

§ 10. (1) The dealers must take due care to comply with the requirements of this Regulation when they provide a product on the market.

(2) Before they make a product available on the market, dealers must verify that the product is marked with the CE marking in accordance with § 17, whether the required documents are required in accordance with § 7 (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 the German language, are attached, and whether the manufacturer and the importer meet the requirements of Article 7 (5) and (6) and (6) respectively. § 9 (3) have been fulfilled. Where a trader considers or has reason to believe that a product does not comply with the requirements laid down in Article 4 and Annex I, he may not provide that product on the market until the conformity of the product has been met with the requirements of Requirements have been manufactured. In addition, if a risk is associated with the product, the trader must also inform the manufacturer or importer and the market surveillance authority.

(3) As long as a product is in its responsibility, dealers must ensure that the conditions of its storage or transport comply with the conformity of the product with the requirements of § 4 and Annex I to this Regulation.

(4) Traders who are of the opinion or have reason to believe that a product made available on the market does not comply with this Regulation shall ensure that the necessary Corrective measures are taken to ensure the conformity of this product or, where appropriate, to withdraw or recall it. In addition, if risks are associated with the product, dealers must immediately inform the competent national authorities of the Member States of the European Union where they have provided the product on the market and provide detailed information, in particular on the non-compliance and the remedial measures taken.

(5) The traders shall, at the request of the market surveillance authority, require all the information and documentation necessary to demonstrate the conformity of a product in paper form or on the basis of a reasoned request. make electronic means available. They must cooperate with this authority, at their request, in all measures to avert the risks associated with products that they have made available on the market.

Cases where the manufacturer's obligations are also applicable to importer and trader

§ 11. A importer or trader shall be deemed to be a manufacturer for the purposes of this Regulation and shall be subject to the obligations of a manufacturer in accordance with § 7 if he/she is a product under his/her own name or its own trade mark or a product already on the market so as to be capable of affecting conformity with the requirements of this Regulation.

Obligations of private importer

§ 12. (1) If the manufacturer does not comply with the tasks relating to the conformity of the product with the provisions of this Regulation, it shall be for the private importer to: To ensure that the product is put into service in accordance with the requirements laid down in § 4 and Annex I and to comply with the manufacturer's obligations pursuant to § 7 (2), (3), (7) and (9).

(2) If the necessary technical documentation is not available from the manufacturer, the private importer shall have the appropriate expertise to be drawn up by the private importer.

(3) The private importer shall ensure that the name and address of the notified body which has carried out the conformity assessment of the product on the product are recorded.

Identification of economic operators

§ 13. (1) The economic operators must, at the request of the market surveillance authority, name the economic operators,

1.

of which they have purchased a product;

2.

to which they have delivered a product.

The economic operators must be able to present the information 10 years after the product has been delivered and 10 years after the product has been delivered.

(2) Private importer shall, at the request of the market surveillance authority, name the economic operator from which they referred the product. Private importer must keep the information referred to in paragraph 1 over a period of ten years after receipt of the product.

3. Section

Product Conformity

Compliance Assumption

§ 14. In the case of products which are in conformity with harmonised standards or parts of which the references have been published in the Official Journal of the European Union, conformity shall be subject to: to those requirements of § 4 and Annex I which are covered by the relevant standards or parts thereof.

EU declaration of conformity and declaration in accordance with Annex III

§ 15. (1) The EU declaration of conformity states that compliance with the provisions of § 4 and in Annex I or the requirements referred to in Article 6 (4) (2) or (3) of this Regulation.

(2) The EU Declaration of Conformity shall be in accordance with the model set out in Annex IV to this Regulation, as set out in the relevant modules of Annex II to Decision No 768 /2008/EC on a common regulatory framework for the marketing of products and repealing Decision 93 /465/EEC, OJ L 281, 23.9.1993, p. No.  82 and in Annex V to this Regulation, and must be kept up-to-date. It is to be translated into the German language.

(3) With the exhibition of the EU declaration of conformity, the manufacturer or the person referred to in § 6 (4) (2) and (3), who is installing the engine, has the responsibility for the conformity of the product.

(4) The EU declaration of conformity in accordance with paragraph 3 shall be attached to the following products when they are made available on the market or put into service:

1.

Water Vehicles;

2.

Components when they are placed on the market independently;

.

Drive motors.

(5) The declaration by the manufacturer in accordance with Annex III for incomplete watercraft shall contain the information listed in Annex III and shall be attached to the incomplete vessel. It is to be translated into German.

General principles of CE marking

§ 16. The CE marking is governed by the general principles of Art. 30 of Regulation (EC) No 765/2008.

Products for which the CE marking is required

§ 17. (1) The CE marking is required for the following products when they are made available on the market or put into service:

1.

Water Vehicles;

2.

Parts;

.

Drive motors.

(2) The Market Surveillance Authority shall, in the case of products referred to in paragraph 1 bearing the CE marking, assume that they comply with this Regulation.

Rules and conditions governing the affixing of the CE marking

§ 18. (1) The CE marking must be clearly visible, legible and permanently affixed to the products referred to in Article 17 (1). If this is not possible in the case of components or is not justified on the basis of the size or nature of the product, it must be affixed to the packaging and to the accompanying documents. In the case of watercraft, the CE marking must be affixed to the badge of the watercraft manufacturer, which is mounted separately from the identification number of the watercraft. In the case of a drive motor, the CE marking must be affixed to the engine.

(2) The CE marking must be affixed prior to placing the product on the market or putting it into service. After the CE marking and the identification number referred to in paragraph 3, a pictogram or any other symbol may indicate a special hazard or use.

(3) According to the CE marking, the identification number must be the notified body, if this body was involved in the production control phase or was involved in the assessment after construction. The identification number of the notified body shall be affixed either by the body itself or by its instructions, by the manufacturer or by his authorised representative, or by the person referred to in Article 19 (2), (3) or (4).

4. Section

Conformity Assessment

Conformity Assessment Procedures To Be Applied

§ 19. (1) The manufacturer shall apply the procedures set out in the modules referred to in § § 20, 21 and 22 before placing the products on the market as referred to in § 2 (1).

(2) The private importer shall apply the procedure in accordance with § 23 before taking into service a product referred to in Article 2 (1) if the manufacturer does not carry out the conformity assessment for the product concerned. .

(3) Anyone who places a drive motor or a watercraft on the market or takes it into service after making major changes or conversions, or who does not have the purpose of determining the purpose of a vehicle not covered by this Regulation. Watercraft shall be subject to the procedure laid down in section 23 before placing the product on the market or putting into service the product.

(4) Those who place on the market a vessel built for their own use before the end of the five-year period referred to in Article 2 (2) (2) (1) shall apply the procedure in accordance with § 23 before placing the product on the market.

Design and construction

§ 20. (1) For the design and construction of recreational craft, the following procedures shall apply as set out in Annex II to Decision No 768 /2008/EC:

1.

for design categories A and B as set out in Annex I, Part A, Z 1:

)

for recreational craft with a hull length of 2.5 m to less than 12 m of one of the following Modules:

aa)

Module A1 (internal manufacturing control with monitored product checks);

bb)

Module B (EU type-examination) together with module C, D, E, or F;

)

Module G (Conformance based on a single audit);

)

Module H (Conformance based on full quality assurance);

b)

for recreational craft with a hull length of 12 m to 24 m of one of the following modules:

aa)

Module B (EU type-examination) along with module C, D, E, or F;

bb)

Module G (Conformance based on a single audit);

)

Module H (Conformance based on full quality assurance);

2.

for design category C, as set out in Appendix I, Part A, Z 1:

)

for recreational craft with a hull length of 2.5 m to less than 12 m of one of the following Modules:

)

in accordance with the harmonised standards with respect to Annex I, Part A, Z 3.2 and 3.3: Module A (internal manufacturing control), module A1 (internal production control with supervised product tests), module B (EU type examination) together with module C, D, E or F, module G (conformity based on a single test) or module H (compliance on the basis of a comprehensive quality assurance);

bb)

in the case of non-compliance with the harmonised standards, as referred to in Annex I, Part A, Z 3.2 and 3.3: Module A1 (internal production control with supervised product tests), module B (EU type examination) together with module C, D, E or F, module G (conformity based on an individual test) or module H (conformity based on the basis of a test) comprehensive quality assurance);

b)

for recreational craft with a hull length of 12 m to 24 m of one of the following modules:

aa)

Module B (EU type-examination) along with module C, D, E, or F;

bb)

Module G (Conformance based on a single audit);

)

Module H (Conformance based on full quality assurance);

3.

for design category D as set out in Annex I, Part A, Z 1: for recreational craft with a hull length of 2.5 m to 24 m of one of the following modules:

a)

Module A (internal manufacturing control);

)

Module A1 (internal manufacturing control with monitored product checks);

)

Module B (EU type-examination) together with module C, D, E, or F;

)

Module G (Conformance based on a single audit);

e)

Module H (compliance based on comprehensive quality assurance).

(2) For the design and construction of water motorcycles, one of the following procedures shall apply, as set out in Annex II to Decision No 768 /2008/EC:

1.

Module A (internal manufacturing control);

2.

Module A1 (internal manufacturing control with monitored product checks);

3.

Module B (EU type-examination) together with module C, D, E, or F;

4.

Module G (Conformance based on a single audit);

5.

Module H (compliance based on full quality assurance).

(3) For the design and construction of components, one of the following procedures, as set out in Annex II to Decision No 768 /2008/EC, shall apply:

1.

Module B (EU type-examination) together with module C, D, E, or F;

2.

Module G (Conformance based on a single audit);

3.

Module H (Conformance based on full quality assurance).

Exhaust Emissions

§ 21. With regard to exhaust emissions from products referred to in Article 2 (1) (Z) (4) and (5), the manufacturer shall apply the following procedures, which are set out in Annex II to Decision No 768 /2008/EC are set out:

(1) in the case of tests using the harmonised standard, one of the following modules:

1.

Module B (EU type-examination) together with module C, D, E, or F;

2.

Module G (Conformance based on a single audit);

3.

Module H (Conformance based on full quality assurance);

(2) in the case of tests without the use of the harmonised standard, one of the following modules:

1.

Module B (EU type examination) together with Module C1;

2.

Module G (Conformance based on an individual check).

Noise emissions

§ 22. (1) In terms of noise emissions from recreational craft with drive motors with a Z-drive without integrated exhaust system or inside-board drive units, as well as recreational craft with Drive motors with a Z-drive system without an integrated exhaust system or with an inner-board drive unit, on which a major conversion of the watercraft is carried out and which are placed on the market within five years of the conversion, , the manufacturer shall apply the following procedures as set out in Annex II to the Decision No 768 /2008/EC:

1.

for tests using the harmonised standard for noise measurements of one of the following Modules:

)

Module A1 (internal manufacturing control with monitored product checks);

)

Module G (Conformance based on a single audit);

)

Module H (Conformance based on full quality assurance);

2.

for tests without using the harmonised standard for noise measurement module G (compliance on the basis of a single audit);

.

when using Froude number and power/displacement ratio for the Evaluation of one of the following modules:

a)

Module A (internal manufacturing control);

)

Module G (Conformance based on a single audit);

)

Module H (compliance based on full quality assurance).

(2) With regard to noise emissions from water motorcycles and outboard propulsion engines, as well as drive motors with a Z-drive and an integrated exhaust system for the cultivation of recreational craft, the manufacturer of the water-powered motorcycle or the Motor shall apply the following procedures, as set out in Annex II to Decision No 768 /2008/EC:

1.

for tests using the harmonised standard for noise measurements of one of the following Modules:

)

Module A1 (internal manufacturing control with monitored product checks);

)

Module G (Conformance based on a single audit);

)

Module H (compliance based on full quality assurance).

2.

for tests without using the harmonised standard for noise measurement module G (compliance on the basis of a single check).

Construction Execution Review

§ 23. The assessment referred to in § § 19 (2), (3) and (4) after construction is to be carried out in accordance with Annex V.

Additional requirements

§ 24. (1) If module B of Annex II to Decision No 768 /2008/EC is used, the EU type-examination must be carried out as indicated in the second indent of the second indent of the second indent of the second indent of this module.

A pattern according to Module B may include multiple product variants if the following requirements are met:

1.

The differences between the variants do not affect the required security and other required performance characteristics of the product and

2.

The variants of the product are named in the corresponding EU type certificate, if necessary, in changes to the original certificate.

(2) If Module A1 of Annex II to Decision No 768 /2008/EC is used, the product tests must be carried out on one or more vessels which are representative of the production of a manufacturer, and the other requirements of Annex VI to this Regulation shall apply.

(3) The possibility of using accredited internal bodies in accordance with the modules A1 and C1 of Annex II to Decision No 768 /2008/EC is not available.

(4) Where module F of Annex II to Decision No 768 /2008/EC is used, the procedure for assessing conformity with the requirements in relation to the requirements set out in Annex VII to this Regulation shall apply: Exhaust emissions.

(5) Module C of Annex II to Decision No 768 /2008/EC is used as regards the assessment of conformity with the requirements of this Regulation on exhaust emissions and does not operate on the basis of a relevant quality system in accordance with Module H of Annex II to Decision No 768 /2008/EC, a notified body selected by the manufacturer shall carry out the product tests at irregular intervals fixed by the manufacturer, or to be carried out in order to verify the quality of the internal product audits. If the quality level is considered to be insufficient or it appears necessary to verify the accuracy of the information supplied by the manufacturer, the procedure laid down in Annex VIII to this Regulation shall be followed.

Technical documentation

§ 25. (1) The technical documentation referred to in Article 7 (2) shall contain all relevant information and details on the means by which the manufacturer ensures that the Product satisfies the requirements laid down in Article 4 and Annex I. In particular, they shall include the relevant documents listed in Annex IX.

(2) The technical documentation must ensure that the design, manufacture and operation as well as the conformity assessment can be clearly understood.

5. Section

Notification of conformity assessment bodies

Information requirements of the notifying authority

§ 26. (1) The Federal Minister for Science, Research and the Economy notifies the European Commission and the other Member States of the European Union the bodies authorised to carry out, as independent third parties, conformity tasks pursuant to this Regulation.

(2) The Federal Minister for Science, Research and the Economy has notified the European Commission of its procedures for the evaluation and notification of conformity assessment bodies and for the monitoring of To inform and inform about any changes in this regard.

Requirements for notified bodies

§ 27. (1) A conformity assessment body has to comply with the requirements of paragraphs 2 to 11 for the purposes of the notification in accordance with this Regulation.

(2) A conformity assessment body must have been established in accordance with Austrian law and have legal personality.

(3) A conformity assessment body must be an independent third party with the establishment or product, the third party, the third party, the third party, the third party, the third party. that he assesses, is not in any connection whatsoever. A body belonging to a trade association or professional association and assesses the products in whose design, manufacture, supply, assembly, use or maintenance are parties to undertakings represented by that association, may be considered as such if it is demonstrated that it is independent and that there are no conflicts of interest.

(4) A conformity assessment body, its top management level, and the staff responsible for compliance with conformity assessment tasks.

1.

must not design engineer, manufacturer, supplier, installer, buyer, owner, user or maintenance of the products to be evaluated or the representative of one of those parties; this does not preclude the use of products already subject to conformity assessment, which are intended for the activities of the conformity assessment body , or the use of such products for personal use Use from;

2.

must not be directly related to design or manufacture, marketing, installation, use, or They shall be responsible for the maintenance of these products, and shall represent the parties involved in these activities. They shall not deal with activities which may affect their independence in the assessment or their integrity in relation to the conformity assessment measures for which they are notified. This is especially true for consulting services.

The conformity assessment bodies must ensure that the activities of their subsidiaries or subcontractors have the confidentiality, objectivity and impartiality of their activities. Do not affect conformity assessment activities.

(5) The conformity assessment bodies and their staff must carry out the conformity assessment activities with the greatest possible degree of professionalism and the professional competence required in the area concerned. ; they shall not be subject to any form of influence, in particular of a financial nature, which could have an impact on their assessment or the results of their conformity assessment work and which, in particular, shall be based on persons or groups of persons, who have an interest in the outcome of these activities.

(6) A conformity assessment body must be in a position to perform all conformity assessment tasks which it has been granted in accordance with § § 19 to 24 and for which it has been notified, irrespective of whether these tasks are performed shall be carried out by the body itself, on its behalf or under its responsibility. A conformity assessment body shall have at all times, for each conformity assessment procedure, and for each type and category of products for which it has been notified,

1.

The required staff with expertise and sufficient experience to complete the to perform the tasks of conformity assessment;

2.

Descriptions of procedures according to which the conformity assessment is performed in order to to ensure transparency and the repeatability of such procedures; it must have adequate policies and procedures in which the tasks which it takes as notified body and other activities ;

3.

Procedure for performing activities with due regard to the size of a Company, the industry 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 series production.

(7) The staff responsible for carrying out the conformity assessment activities

1.

A solid technical and vocational training system that provides all the 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 assessments to be performed and the appropriate power to carry out such assessments

.

adequate knowledge and understanding of the basic requirements that the applicable harmonised standards and the relevant Union harmonisation legislation and the relevant national legislation and

4.

The ability to create certificates, logs, and reports as evidence of Assessments performed

to own.

(8) The impartiality of the conformity assessment bodies, their senior management levels and their assessment staff is to be guaranteed. The remuneration of the highest level of management and of the evaluating staff of the conformity assessment body shall not be based on the number of assessments carried out or the results of such assessments.

(9) The conformity assessment bodies must take out liability insurance.

(10) The staff of a conformity assessment body shall be subject to information they may have in the performance of their duties in accordance with § § 19 to 24 or one of the relevant national implementing rules , professional secrecy; this does not apply to the market surveillance authority. Property rights are to be protected.

(11) The conformity assessment bodies must participate in the relevant standardisation activities and the activities of the coordination group of notified bodies set up under Directive 2013 /53/EU, or ensure that their assessment staff are informed, and that the administrative decisions and documents drawn up by this group are to be applied as a general guideline.

Compliance Assumption

§ 28. A conformity assessment body shall comply with the criteria set out in the relevant harmonised standards or parts thereof, the references of which shall be published in the Official Journal of the European Communities. Union shall be presumed to meet the requirements of § 27, to the extent that the applicable harmonised standards cover these requirements.

Branch companies of notified bodies and subcontracting

§ 29. (1) The notified body makes or transfers to a subcontractor certain tasks associated with the conformity assessment, or a subsidiary undertaking, it must: ensure that the subcontractor or the branch undertaking meets the requirements of § 27 and must inform the notifying authority accordingly.

(2) The notified bodies shall be fully responsible for the work carried out by subcontractors or branch undertakings, irrespective of where they are established.

(3) Activities may only be awarded to a subcontractor or transferred to a subsidiary company if the customer agrees to it.

(4) The notified bodies shall provide the relevant documentation concerning the assessment of the qualifications of the subcontractor or the branch undertaking and the work carried out by them in accordance with § § 19 to 24 the notifying authority.

Notification procedure

§ 30. (1) The notifying authority may only name conformity assessment bodies that comply with the requirements of § 27.

(2) A notification shall provide complete information on the conformity assessment activities to which the notification is based. to include the relevant conformity assessment modules and products and the relevant confirmation of competence.

Identification numbers and directory of notified bodies

§ 31. In accordance with Article 35 of Directive 2013 /53/EU, the European Commission assigns an identification number to each notified body. Even if a body is notified of a number of Union legislation, it will receive only a single identification number. In addition, the Federal Minister for Science, Research and the Economy of a notified body, authorized by a notifying body to assess conformity after construction, has a code of identification.

Changes to notifications

§ 32. (1) If the Federal Minister for Science, Research and the Economy finds or is informed that a body notified by him is the subject of the requirements referred to in § 27 of this Regulation. if it is no longer satisfied or if it does not fulfil its obligations, it shall, where appropriate, restrict the notification, suspend it or withdraw it, taking into account the extent to which these requirements have not been met. or these commitments have not been met. It shall immediately inform the European Commission and the other Member States of the European Union.

(2) In the event of a restriction, suspension or withdrawal of the notification, or if the notified body cees its activity, the notified body concerned by the amendment to the notification shall forward the files to the further processing to another notified body and shall ensure that they are kept ready for the notifying authority and the market surveillance authority at their request.

Challenging the competence of notified bodies

§ 33. (1) The Federal Minister for Science, Research and the Economy shall give the Commission the opportunity to investigate the cases in which it has the competence of a notified body or the competent authority. -permanent fulfilment of the relevant requirements and obligations by a notified body, doubts or doubts shall be brought to the attention of all the information on the basis of the notification, or the Maintaining the competence of the notified body.

(2) In accordance with Article 37 (4) of Directive 2013 /53/EU, the European Commission shall adopt an implementing act if it finds that a notified body does not or does not fulfil the conditions for its notification. more than that. The Federal Minister for Science, Research and the Economy shall, if necessary, take corrective measures, including a withdrawal of the notification, on the basis of the European Commission's determination, if necessary.

Obligations of notified bodies in relation to their work

§ 34. (1) The notified bodies shall carry out the conformity assessment in accordance with the conformity assessment procedures in accordance with § § 19 to 24.

(2) Compliance assessments must be carried out in accordance with proportionality, avoiding unnecessary burdens on economic operators and private operators. The conformity assessment bodies shall have their activities taking due account of the size of an undertaking, the sector in which it operates, its structure and the degree of complexity of the product technology concerned and of the product concerned. Mass-production or serial character of the manufacturing process. However, in doing so, they must act so rigorly and comply with such a level of protection as is necessary for the conformity of the product with the provisions of this Regulation.

(3) A notified body that a manufacturer or a private importer has not complied with the requirements laid down in Article 4 and in Annex I or in the relevant harmonised standards shall have the following: require manufacturers or private operators to take appropriate remedial measures and shall not issue a certificate of conformity.

(4) Where a notified body has already issued a certificate and, in the context of the monitoring of conformity, it shall establish that the product no longer meets the requirements, it shall have the manufacturer ' s to take appropriate remedial action and, if necessary, suspend the certificate or withdraw it.

(5) If remedial action is not taken or if it does not show the necessary effect, the notified body shall, where appropriate, restrict all the certificates to suspend or suspend them. to pull it back.

Reporting Obligations of notified bodies

§ 35. (1) The notified bodies have

1.

any denial, restriction, suspension, or withdrawal of a certificate;

2.

All circumstances, the consequences for the scope and conditions of the notification ;

3.

Any requests for information about conformity assessment activities that they use from the Market surveillance authority;

4.

at the request of which conformity assessment activities they are in the scope of their Notification and which other activities, including cross-border activities and subcontracting, have been carried out,

to the Federal Minister for Science, Research and Economy.

(2) The notified bodies must carry out similar conformity assessment activities and cover the same products to the other bodies notified in accordance with Directive 2013 /53/EU, relevant Provide information about the negative and, on request, the positive results of conformity assessments.

Co-ordinating the notified bodies

§ 36. (1) Pursuant to Article 42 of Directive 2013 /53/EU, the European Commission shall ensure that appropriate coordination and cooperation between those established under Directive 2013 /53/EU Notified bodies in the form of one or more sectoral groups of notified bodies shall be established and duly continued.

(2) The notifying bodies shall participate directly or through designated representatives in the work of these groups.

6. Section

Monitoring products

Supervision of the Union market and control of products imported into the Union market

§ 37. For the products covered by this Regulation, Article 15 (3) and Articles 16 to 29 of Regulation (EC) No 765/2008 shall apply.

Procedures for handling products that are in danger of danger

§ 38. (1) If the market surveillance authority has sufficient reason to believe that a product regulated in this Regulation poses a risk to the health or safety of persons, It shall assess whether the product in question meets the relevant requirements of this Regulation, or for the environment. The economic operators or private importer concerned must cooperate with the market surveillance authority to the extent necessary.

1.

In the case of economic operators, the market surveillance authority must have the affected Immediately request the economic operator to take the appropriate remedial measures within a reasonable period of time appropriate to the nature of the risk, in order to ensure that the product complies with those requirements. , to withdraw from the market or to recall it if it is in the course of the Assessment to conclude that the product does not meet the requirements of this Regulation.

2.

In the case of private importers, the Market Surveillance Authority shall inform the affected person Private importer shall immediately suspend the putting into service of the product by way of the appropriate remedial measures appropriate to the nature of the risk to be taken in order to ensure that the product complies with those requirements. or to suspend the use of the product if it is in the course of Assessment concludes that the product does not meet the requirements of this Regulation.

The Market Surveillance Authority shall notify the appropriate notified body. For the measures referred to in Z 1 and 2, Article 21 of Regulation (EC) No 765/2008 shall apply.

(2) If the market surveillance authority considers that non-compliance is not restricted to the domestic market, it has to inform the Federal Minister for Science, Research and the Economy of this and has it for its part, the European Commission and the other Member States of the European Union, on the results of the assessment and the measures to which the economic operator has been invited.

(3) The economic operator shall ensure that the appropriate remedial measures which it takes shall cover all the products concerned which it has made available on the market in the European Union. The private importer shall ensure that appropriate remedial measures are taken with regard to the product which he has imported into the European Union for his own use.

(4) Within the period referred to in paragraph 1 (1) (1), the economic operator concerned does not take appropriate corrective measures, the market surveillance authority shall take all appropriate provisional measures to: to prohibit or restrict the supply of the product on the domestic market, to withdraw the product from the market or to recall it. If the private importer does not take appropriate corrective measures, the market surveillance authority shall take all appropriate provisional measures to prohibit or prohibit the putting into service of the product or to prohibit its use; or . The Federal Minister for Science, Research and the Economy shall immediately inform the European Commission and the other Member States of the European Union of these measures.

(5) The information referred to in paragraph 4 shall indicate all available information, in particular the data for the identification of the non-conforming product, the origin of the product, the nature of the alleged product, or the nature of the product. Non-compliance and the risk, as well as the nature and duration of the national measures taken and the arguments of the economic operator concerned or of the private importer. The Federal Minister for Science, Research and the Economy, in particular, indicates whether the non-compliance is due to one of the following causes:

1.

the product meets the requirements set out in this Regulation with regard to the Health or safety of human beings or the protection of property or the environment are not or

2.

The harmonized standards where compliance is subject to a presumption of conformity in accordance with § 14 deficient.

(6) If another Member State of the European Union has initiated proceedings, the Federal Minister for Science, Research and Economic Affairs shall inform the European Commission and the other Member States without delay, any measures adopted and any further information on the non-conformity of the product, and, if the notified national measure does not agree, its objections.

(7) No other Member State of the European Union or the European Commission shall, within three months of receipt of the information referred to in paragraph 4, issue an objection to a provisional measure taken by the Commission. Market surveillance authority, this measure shall be deemed to be justified.

(8) The Market Surveillance Authority shall ensure that appropriate restrictive measures, such as the withdrawal of the product from the market, are taken without delay in respect of the product concerned.

Formal Non-Compliance

§ 39. (1) Without prejudice to § 38, the economic operator concerned or the private importer shall have to defer the non-compliance in question if the market surveillance authority has one of the following: Cases detected:

1.

The CE mark was affixed in violation of § 16, § 17, or § 18;

2.

The CE marking in accordance with § 17 was not attached;

3.

The EU declaration of conformity or the declaration in accordance with Annex III has not been issued;

4.

The EU declaration of conformity or the declaration in accordance with Annex III has not been correctly

5.

The technical documentation is either not available or incomplete;

6.

The disclosures according to § 7 (6) or § 9 (3) are missing, are flawed or incomplete;

7.

Another administrative request under § 7 or § 9 has not been met.

(2) If the non-compliance referred to in paragraph 1 continues, the Market Surveillance Authority shall take all appropriate measures to restrict or prohibit the supply 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 in the case of a product imported from a private importer.

Reporting

§ 40. The Market Surveillance Authority has up to 18 years of age.  January 2021 and then every five years to fill out a questionnaire issued by the European Commission on the application of Directive 2013 /53/EU and to submit it to the Federal Minister for Science, Research and the Economy.

7. Section

Entry Into Force, Transitional and Final Provisions

Entry into force

§ 41. This Regulation shall enter into force on 18 June 2009.  Jänner 2016 in force. At the same time, the regulation of the Federal Minister of Economics and Labour accedes on requirements for recreational craft, BGBl.  II No 276/2004, as amended by the BGBl version.  II No 386/2010, except for force.

Transitional provisions

§ 42. (1) Under the Regulation of the Federal Minister of Economics and Labour on Requirements for Sports Boots, BGBl.  II No 276/2004, as amended by the BGBl version.  II No 386/2010, which corresponds to that legislation, may still be required until the end of the 17 years.  Jänner 2017 was placed on the market or put into service.

(2) External ignition outboard propulsion engines with a power less than or equal to 15 kW corresponding to the exhaust emissions limit values set out in Annex I, Part B, point B, point 2.1, and by small and medium-sized enterprises in accordance with the Definition in Commission Recommendation 2003 /361/EC concerning the definition of micro-enterprises and small and medium-sized enterprises (SMEs), OJ L 327, 30.12.2003, p. No.  36., may be made available on the market or put into service if it is before the 18.  Jänner 2020 was placed on the market.

(3) References to Directive 94 /25/EC shall be construed as references to Directive 2013 /53/EU.

Linguistic equality

§ 43. As far as personal names are listed in this Regulation only in male form, they refer to women and men in the same way. The gender-specific form is to be used in the application to specific persons.

Mitterlehner

ANNEX I

GUNDLEGEND REQUIREMENTS

A Essential requirements relating to the design and construction of the products referred

in Article 2 (1)

1.

WATER VEHICLE DESIGN CATEGORIES

design category

Wind Strength

(Beaufort Scale)

Significant wave height

(H 1/3, meter)

A

B

C

D

more than 8

up to and including 8

up to and including 6

to Including 4

more than 4

up to and including 4

up to and including 2

to including 0.3

Explanations:

A design category A sports boat is considered to be a wind power level above 8 (Beaufort scale) and Significant wave height above 4 m, but not for extreme weather conditions such as severe storm, hurricane, hurricane, hurricane, extreme sea conditions, or giant waves.

A sports boat of design category B is considered to be a wind power up to and including 8 and Significant wave height up to 4 m inclusive.

C.

A design category C watercraft is considered to be for a wind power up to and including 6 and Significant wave height up to 2 m inclusive.

D.

A watercraft of design category D is considered to be a wind power up to and including 4 and Significant wave height up to and including 0.3 m and occasional wave height of 0.5 m at most.

Water vehicles of the respective design category must be designed and built in such a way that they are subject to the stress according to these parameters in respect of stability, buoyant and other relevant essential requirements in accordance with this Annex, and that they have a good maneuverability.

2.

GENERAL REQUIREMENTS

2.1.

Water Vehicle Labeling

Each watercraft shall be tagged with an identification number that contains the following information:

(1)

manufacturer country code;

(2)

assigned by the Federal Minister for Science, Research and Economy Manufacturer Code;

(3)

unique serial number;

(4)

Month and Year of Production;

(5)

Model year.

Detailed requirements for the identification number referred to in paragraph 1 are included in the relevant harmonised standard.

2.2.

Water-Vehicle Manufacturer's Plaque

Each watercraft must provide a permanent and separate badge attached to the watercraft's identification number with at least the following information: Display:

a)

The name of the manufacturer, registered trade name, or registered trade name, and Contact address;

b)

CE marking according to § 18;

)

The design category of the watercraft according to Z 1;

)

Maximum load recommended by the manufacturer according to Z 3.6, without weight of the contents of the Attached containers in full condition;

e)

Number of persons allowed on board in accordance with the recommendation of the manufacturer, for which the Water vehicle is designed.

In the case of a construction review, the contact details and the requirements of lit.  a also contain information about the notified body that carried out the conformity assessment.

2.3.

Protection from the Robbery Traps and Reentry Medium

The watercraft must be designed to reduce as much as possible the risk of falling overboard, and to facilitate re-entry. Re-entry means must be accessible for a person in the water without external assistance, or can be unfolded without external help.

2.4.

View from the main control level

For recreational craft, the rudder must have a good all-round view from the main control level under normal operating conditions (speed and load).

2.5.

Owner's Guide

All products are to be delivered with an owner's manual in accordance with § 7 (7) and § 9 (4). This guide contains all the information necessary for the safe use of the product, with special attention being paid to the establishment, maintenance, regular operation, risk prevention and risk management.

3.

STRENGTH AND TIGHTNESS AS WELL AS CONSTRUCTIONAL REQUIREMENTS

3.1.

Construction

The choice and combination of materials and the design must ensure that the watercraft has sufficient strength in every respect. Particular attention should be given to the design category according to Z 1 and the maximum load recommended by the manufacturer in accordance with Z 3.6.

3.2.

Stability and freeboard

The stability and freeboard of the watercraft must be done in accordance with the design category according to Z 1 and the maximum load recommended by the manufacturer in accordance with Z 3.6 be sufficient.

3.3.

lift and float

When building the watercraft, ensure that the boat has a buoyant characteristic that is its design category according to Z 1 and the one from the Manufacturer recommended maximum load according to Z 3.6. Habitable multi-hull sports boats, which are vulnerable to a keel, must be designed to have sufficient buoyant power to keep them floating even when they are at the top of the keel.

Water vehicles of less than 6 m in length must have adequate means to float in the flooded state. if they are used according to their design category.

.

Openings in the hull, deck, and superstructures

Openings in the fuselage, in the deck (in the decks) and in the superstructures may be the strength dressing or, in the closed condition, the weather tightness of the Do not interfere with booting.

Windows, Bullons, Doors, and Luk covers must be exposed to the water pressure they may be exposed to, as well as point loads by people who are on deck move, standstill.

Outboard breakthroughs used to exit and exit water that are below the waterline according to the maximum load recommended by the manufacturer Z 3.6 are to be provided with easily accessible closures.

3.5.

Overflow

All watercraft should be designed to keep the risk of sinking as low as possible.

Special attention should be given to finding the following:

)

Cockpits and pans: these should be self-centered or with other devices , which prevent water from entering the interior of the watercraft;

)

Ventilation openings;

)

Removal of water by pumps or other devices.

3.6.

The maximum load recommended by the manufacturer

The manufacturer's recommended maximum load (fuel, water, proviant, various items of equipment, and Persons) in kilograms for which the watercraft has been designed shall be determined as a function of the design category (Z 1), the stability and the freeboard (Z 3.2) as well as the buoyant and buoyant capacity (Z 3.3).

3.7.

Rescue equipment lineup

All recreational craft of design categories A and B, as well as recreational craft of design categories C and D with a length of more than 6 m, must be one or more have storage spaces for one or more rescue means large enough to accommodate the number of persons recommended by the manufacturer for which the sports boat is designed. The stowage areas of the rescue equipment must be easily accessible at all times.

3.8.

Notausstieg

All habitable multi-hull sports boats that are vulnerable to a keel have to be built in such a way that an emergency exit is possible at the top of the keel. If there is an emergency exit which is used when the boat is at the top of the boat, it must not affect the construction (Z 3.1), the stability (Z 3.2) and the lift (Z 3.3), regardless of the position of the boat (upright or keel).

All habitable multi-hull sports boats must be built to allow emergency exit on fire.

3.9.

anchors, deceives, and tows

All watercraft must have one or more brackets or other devices, taking into account their design category and their characteristics , which allow the anchorage, decepting and towing and the corresponding load to be safely withheld.

4.

OPERATOR properties

The manufacturer has to ensure that the operating characteristics of the watercraft are also the most powerful drive motor for which it is designed and built is satisfactory. For all drive motors, the maximum rated power must be specified in the owner's manual.

5.

Installation rules

5.1.

motors and engine rooms

5.1.1.

Inner Bordmotors

All inner-board engines must be located in a closed space separated from the living spaces and installed in such a way that the risk of fires or fires is not possible. a fire spread as well as exposure to toxic fumes, heat, noise or vibrations in the living rooms is kept as low as possible.

Parts of the engine and optional devices that are common to scan and/or to wait must be easily accessible.

The insulating material inside the engine compartment must not be capable of self-maintaining combustion.

5.1.2.

aeration

The engine room is to be ventilated. The penetration of water through openings in the engine compartment must be kept as low as possible.

5.1.3.

Free parts

Free moving or hot parts of the engine (of the engines) that could cause injury shall be effectively protected, provided that the engine (the engine) is Motors) are not shielded by a cover or a chassis.

5.1.4.

Launch of Outboard Drive Motors

All the outboard drive motors of watercraft must have a device that prevents the engine from starting when the gear is engaged, except

)

if the motor produces a static thrust of less than 500 Newtons (N);

)

if the engine is equipped with a throttle device that will drive the engine when the engine is started. Boost to 500 N limited.

5.1.5.

Water motorcycles with guides

Water motorcycles are to be provided with either an automatic shut-off of the drive motor or an automatic device that the vehicle in slow, circular forward driving when the driver descends or goes overboard.

5.1.6.

Pinside outboard drive motors are to be equipped with a NOT-OFF device, that can be connected to the rudder's goodwill.

5.2.

Fuel system

5.2.1.

General

Fuel filling, storage and aeration devices and fuel supply devices must be designed and built in such a way that the fire and fuel supply devices are The risk of explosion is kept as low as possible.

5.2.2.

Fuel tank

Fuel tanks, pipes and hoses must be fixed and are separately installed or shielded from all the larger heat sources. The material and construction of the containers must correspond to the capacity and the type of fuel.

Spaces for gasoline containers must be ventilated.

Ottofuel tanks must not be part of the fuselage and must

a)

to be isolated from a motor fire and from all other sources of ignition;

)

to be separated from the living spaces.

Diesel fuel tanks may be part of the fuselage.

5.3.

Electrical system

Electrical systems must be designed and installed in such a way as to ensure proper operation of the watercraft under normal conditions of use. and the risk of fire and the risk of electric blows are kept as low as possible.

All power circuits must be protected from overload, except for battery-powered starter circuits.

Drive circuits and other power circuits must not affect each other in such a way that one of the two does not work as intended.

To prevent the accumulation of explosive gases that might leak out of the batteries, it is necessary to provide ventilation. The batteries must be well fixed and protected from penetrating water.

5.4.

Control system

5.4.1.

General

Control and drive control systems must be designed, built, and built in such a way that they can be used for the transmission of control forces under predictable conditions. Enable operating conditions.

5.4.2.

Not_Devices

All sails-sports boats and all non-sailing recreational craft with a single drive motor and remote control system are equipped with emergency devices to equip the sports boat with reduced speed.

5.5.

Gas system

Gas systems for household use must have a pressure reduction system and be designed and installed in such a way that gas escapes and the danger of a Explosion is avoided and that they can be investigated in leaky places. Materials and components must be suitable for the gas used in each case and must be designed to withstand the different loads in a maritime environment.

All gas equipment used for the use provided by the manufacturer must be built according to the instructions of the manufacturer. Each gas-operated device must be supplied via a separate supply line, and each device must have a separate shut-off device. Appropriate ventilation means that gas leakage and combustion products must be avoided.

All watercraft with a firmly installed gas system must have a space to accommodate all gas cylinders. This space must be separated from the living spaces; it shall be accessible only from the outside and must be ventilated outside so that the emerging gas may be withdrawn from the outside.

In particular, each hard-to-install gas system must be checked after installation.

5.6.

fire-fighting

5.6.1.

General

The type of equipment installed and the design of the watercraft take into account the fire hazard and the propagation of fires. Particular attention shall be paid to the environment of open-flame equipment on hot surfaces or machinery and auxiliary machinery, oil and fuel leached, uncovered oil and fuel lines, and to the fact that: electrical lines, in particular, not in the vicinity of heat sources and hot surfaces.

5.6.2.

Delete Devices

recreational craft shall be equipped with fire-extinguishing devices corresponding to the fire hazard, or where the place and capacity of the fire hazards are appropriate. To indicate extinguishing devices. The vehicle shall not be put into service until it is equipped with the corresponding extinguishing device. The engine compartments of gasoline engines shall be protected by a fire extinguishing system which makes an opening of the room unnecessary in the event of a fire. Portable fire extinguishers may be installed in such a way that they are easily accessible; one of the fire extinguishers shall be arranged in such a way that it can be easily reached from the main steering control level of the recreational craft.

5.7.

Navigation lights, signal bodies, and acoustic signal assets

possible navigation lights, signal bodies and acoustic signal systems must be used in the collision prevention rules-KVR-of 1972 (COLREG-The International Regulations for Preventing Collisions at Sea) and The CEVNI recommendations (European Code for Interior Navigations for inland waterways).

5.8.

Protection against water pollution and facilities to facilitate waste disposal Country

The watercraft is to be built in such a way that an unintentional flow of pollutants (oil, fuel, etc.) is prevented.

All toilets installed in sports boats may be connected exclusively to a collection container system or to a waste water treatment system.

Sportsboats with built-in collection containers must be equipped with a standard water supply connection so that piping from catchment facilities to the Sports boat drainage pipe can be connected.

Human waste drains routed through the fuselage must also be provided with valves that are secured in the closed position.

B Basic requirements in terms of exhaust emissions from drive motors

Drive motors must comply with the basic exhaust emissions requirements specified in this part.

1.

DRIVE MOTOR IDENTIFIER

1.1.

Each engine is clearly provided with the following information:

a)

Name, registered trade name, or registered trade name and contact address of the engine manufacturer, and, where appropriate, the name and contact address of the person who has adapted the engine;

b)

Engine type, engine family, if applicable;

)

unique serial number;

d)

CE marking according to § 18.

1.2.

The Z 1.1 data needs to outlast the overall engine lifetime and be clearly legible and durable. Where stickers or stickers are used, they must be fitted in such a way that they remain fixed throughout the normal service life of the engine and cannot be removed without destruction or damage.

1.3.

The information is to be attached to a part of the engine that is used for normal operation of the engine is required and usually does not have to be replaced during the entire life of the engine.

1.4.

The information must be displayed in such a way that it is clearly visible when all of the necessary Parts mounted on the engine.

2.

EXHAUST EMISSIONS REQUIREMENTS

Drive motors must be designed, manufactured and installed in such a way that, when properly installed and in normal operation, the exhaust emissions are subject to the limit values after Z 2.1 Table 1 and Z 2.2 do not exceed tables 2 and 3.

2.1.

Values applicable for the purposes of Section 42 (2) and Z 2.2, Table 2:

1:

(g/kWh)

Carbon Monoxide

CO = A + B/PN n

Hydrocarbons

HC = A + B/PN n

Nitrogen Oxides

NOx

Particles

PT

A

B

n

A

B

n

two-stroke spark ignition

150, 0

600,0

1, 0

30,0

100.0

0, 75

10,0

Not applicable

four-stroke spark ignition

150, 0

600,0

1, 0

6,0

50,0

0, 75

15,0

Not applicable

auto-ignition

5, 0

0

0

1.5

2.0

0, 5

9,8

1.0

In this case, A, B, and n are constants according to the table, PN is the engine rated power in kW.

2.2.

From 18.  Jänner 2018 values:

Table 2:

Self-ignition engine exhaust emissions limit values (+ +)

Hubraum

SV

(L/cylinder)

engine rated power PN

(kW)

Particles

PT

(g/kWh)

Hydrocarbons and Nitrogen Oxides

HC + NOx

(g/kWh)

SV < 0.9

PN < 37

the values listed in Table

37 ≤ PN < 75(+)

0.30

4,7

75 ≤ PN < 3700

0.15

5,8

0.9 ≤ SV < 1.2

N < 3700

0.14

5.8

1.2 ≤ SV < 2.5

0.12

5,8

2.5 ≤ SV < 3.5

0.12

5,8

3.5 ≤ SV < 7,0

0.11

5,8

(+)

Alternatively, self-ignition engines with a rated power of 37 kW or more may be used. 75 kW as well as with a displacement of less than 0.9 L/cylinder shall not exceed a PT emission limit value of 0.20 g/kWh and a combined HC + NOxemission limit value of 5.8 g/kWh.

(+ +)

Self-ignition engines may have an emission limit value for carbon monoxide (CO) of 5.0 g/kWh not exceeding.

Table 3: limits for exhaust emissions from Spark-ignition

Engine type

rated power PN

(kW)

Carbon monoxide

CO

(g/kWh)

Hydrocarbons and Nitrogen Oxides

HC + NOX

(g/kWh)

Z-drive motors and inner-board

PN ≤ 373

75

5

373 < PN ≤ 485

350

16

PN > 485

350

22

Outboard motors and water motorbike engines

PN ≤ 4.3

500-(5,0 x P N

30

4.3 < PN ≤ 40

500-(5,0 x P N

PN > 40

300

2.3.

Audit cycles:

Audit cycles and weighting factors to apply:

Taking into account the values of the table below, the test case is as follows in accordance with the specification Annex I, Section B, Z 2.3 of Directive 2013 /53/EU to perform:

Test cycle E1 or E5 applies to variable-speed auto-ignition engines; alternatively, the test cycle E3 can be applied at an output of more than 130 kW. . For variable-speed spark-ignition engines, test cycle E4 applies.

E1, Audit phase

1

2

3

4

5

intermediate

Lower idle

torque,%

100

75

75

50

0

factor

0.08

0.11

0.19

0.32

0.3

intermediate

Lower idle

E3, Audit phase

1

2

3

4

,%

100

91

80

63

,%

100

75

50

25

factor

0.2

0.5

0.15

0.15

cycle E4, Audit phase

1

2

3

4

5

,%

100

80

60

40

idling

torque,%

100

71.6

46.5

25,3

0

factor

0.06

0.14

0.15

0.25

0.40

cycle E5, Audit phase

1

2

3

4

5

,%

100

91

80

63

idling

,%

100

75

50

25

0

factor

0.08

0.13

0.17

0.32

0.3

The notified bodies can accept that the tests are carried out on the basis of other test cycles, as far as they are in a harmonised standard is specified and applicable to the load cycle of the engine.

2.4.

Application of the concept of the drive motor family and selection of the trunk drive motor

The engine manufacturer is responsible for determining the engines from its product range, which are to be included in a motor family.

A parent engine is selected within a motor family so that its emission properties are representative of all engines of the engine family. The engine, which combines those characteristics that are likely to produce the highest specific emissions (expressed in g/kWh) in the test cycle to be applied, should normally be chosen as the family's parent engine.

2.5.

Reference fuels

The exhaust gas emission test reference fuel must have the following characteristics:

gasoline

RF-02-99

unleaded

RF-02-03

-free

min

max

min

max

Research octane number (ROZ)

95

---

95

---

octane number (MOZ)

85

---

85

---

density at 15 ° C (kg/m3

748

762

740

754

Bow Start (° C)

24

40

24

40

mass fraction of the Sulphur content (mg/kg

---

100

---

10

content (mg/l)

---

5

---

5

Steam Printing (by Reid) (kPa)

56

60

---

---

pressure (DVPE) (kPa)

---

---

56

60

diesel

property

RF-06-99

RF-06-03

max

min

max

Cetnum

52

54

52

54

density at 15 ° C (kg/m3)

833

837

833

837

boiling end (° C)

---

370

---

370

Flam_Point (° C)

55

---

55

---

Mass fraction of sulphur content (mg/kg

300 (50)

---

10

Mass fraction of ash (%)

specify

0.01

---

0.01

The notified bodies can accept tests carried out on the basis of other reference fuels specified in a harmonised standard. .

3.

LONG-TERM BEHAVIOR

The engine manufacturer must provide assembly and maintenance manuals for the engines, and in compliance with the rules contained in it, the Motor in normal use during its normal service life under normal operating conditions, comply with the limit values set out in points 2.1 and 2.2.

The required information is obtained by the engine manufacturer on the basis of pre-performed load tests on which the normal operating cycles are based , and by calculating material fatigue, so that it can create the necessary maintenance requirements and add to all new engines when they are put on the market for the first time.

The common life of an engine is as follows:

)

Self-ignition engines: 480 operating hours or 10 years (depending on what occurs first);

)

Internal Bord spark ignition engines and Z-drive motors with or without integrated Exhaust system:

i)

Category P enginesN ≤ 373 kW: 480 operating hours or 10 years (depending on what happens first);

)

category 373 engines < PN ≤ 485 kW: 150 operating hours or three years (depending on what happens first);

)

Category P enginesN> 485 kW: 50 operating hours, or one year (depending on what happens first);

)

Water engine wheel engines: 350 operating hours or five years (depending on what is first entry);

)

Outboard motors: 350 operating hours or 10 years (depending on what happens first).

4.

OWNER's Guide

Each engine must be supplied with an owner's manual in a language or language that determines the Member State in which the engine is to be driven. and which consumers and other end-users can easily understand.

The Owner's Guide has the following to contain:

)

Rules on how to install, use, and maintain the engine to install ensuring the proper functioning of the engine in accordance with the requirements of Z 3 (long-term behaviour);

)

specifying the power of the engine as measured by the harmonised standard.

C Basic requirements in terms of noise emissions

Sportsboats with inner-board motors or engines with Z-drive without integrated exhaust system, water-motor-wheel-motors and outboard motors and motors with Z-drive and an integrated exhaust system shall comply with the basic noise emission requirements laid down in this part.

1.

NOISE level

1.1.

Sport boats with inner-board motors or Z-drive motors without an integrated exhaust system, Water motorcycle engines and outboard engines and engines with a Z-drive and an integrated exhaust system shall be designed, manufactured and assembled in such a way that noise emissions do not exceed the limit values set out in the following table.

rated power (single engine) in kW

Maximal Sound pressure-

= L pASmax in dB

N ≤ 10

67

10 < P N ≤ 40

72

N > 40

75

Where PN corresponds to the rated power in kW of a single motor at rated speed and LpASmax to the maximum sound pressure levels in dB.

The limit value can be increased by 3 dB for two-engine and multi-engine aggregates of all engine types.

1.2.

As an alternative to noise measurements, sports boats with inner-board motors or motors with Z-drive without integrated exhaust system the noise requirements according to Z 1.1 are fulfilled even if they have a Froude number ≤ 1.1 and a ratio of power/displacement ≤ 40, and the engine and the exhaust system according to the specifications of the Engine manufacturer installed.

1.3.

The Froude number Fn is calculated by dividing the maximum speed of the sports boat V (m/s) by the product of the square root of the waterline length lwl (m) and a given constant of gravity acceleration (g = 9.8 m/s2).

Fn =

The "Power/displacement ratio" is calculated by dividing the nominal motor power PN (kW) by the displacement of the sports boat D (t).

Power/Displacement Ratio = PN/D

2.

OWNER's Guide

In the case of recreational craft with an inner-board engine or a Z-drive engine without an integrated exhaust system, and in water motorcycles, this is included in Part A Z 2.5 The required information to obtain the sports boat and the exhaust system in a condition ensuring that, in normal operation, the defined limits for noise emissions are

In the case of outboard engines, and in the case of engines with a Z-drive system with an integrated exhaust system, the owner's manual required by Part B Z 4 contains the required Instructions to obtain the engine in a state that ensures that the specified noise emission limits are maintained during normal operation.

3.

LONG-TERM BEHAVIOR

The long-term behavior requirements in Part B Z 3 apply to compliance with the noise emission requirements in Z 1.

ANNEX II

BUILDING COMPONENTS FOR WATERCRAFT

Ignition-protection devices for internal-board engines, Z-drive gasoline engines and gasoline-tank spaces,

Launch protection devices for outboard motors,

Steering wheels, steering device and cabling,

Fuel tanks designed for fixed installation, and fuel lines,

prefabricated hatches and side windows.

ANNEX III

DECLARATION BY THE MANUFACTURER OR THE LEADER
OF THE INCOMPLETE WATERCRAFT
(§ 6 para. 2)

The declaration by the manufacturer or the importer established in the European Union according to § 6 (2) must include the following information:

a)

Name and address of the manufacturer;

)

The name and address of the manufacturer's authorized representative established within the Union, or where appropriate, the person responsible for placing on the market;

)

Description of the incomplete watercraft;

d)

Declaration that the incomplete watercraft meets the essential requirements for the complies with the relevant construction stage, the relevant harmonised standards which have been used, or the specifications for which conformity is declared in the relevant construction stage, and a declaration that the Completion in full compliance with this Regulation by another Natural or legal person is intended.

ANNEX IV

EU-DECLARATION OF CONFORMITY  xxxxxxxx1

1.

No.  xxxxxx (Product: Product, Lot, Type or Serial Number):

2.

The name and address of the manufacturer or his authorised representative [ of the authorised representative also specify company name and address of the manufacturer] or of the private importer:

3.

The sole responsibility for the issue of this declaration of conformity is borne by the The manufacturer, the private importer or the person referred to in § 19 (2) or (4).

4.

The object of the declaration (identification of the product for traceability; where appropriate, a photograph may be added):

5.

The subject-matter of the statement described in Z 4 complies with the relevant Harmonisation legislation of the Union:

6.

specification of the relevant harmonised standards that have been used, or the other technical specifications for which conformity is declared:

7.

(If applicable:) The notified body ... (name, identification number) ... (description of its (participation) and the following certificate:

8.

Identification of the person signing the legally binding contract for the manufacturer, or its authorised representative.

9.

Additional information:

The EU declaration of conformity must be a declaration by the manufacturer of the drive motor and the person who is an engine in accordance with § 6 (4) (2) and (3) Matches, that include

a)

the engine when it is placed in a watercraft after the installation instructions attached to the engine , which satisfies the following requirements:

i)

Requirements for exhaust emissions under this Regulation;

ii)

the limit values of Directive 97 /68/EC with respect to Directive 97 /68/EC Type-approved engines in which the emission limit values of Stage III A, Stage III B or Stage IV for compression-ignition engines for applications other than the propulsion of inland waterway vessels, locomotives and railcars referred to in Annex I Z 4.1.2 of the above-mentioned Policy is respected; or

iii)

the limit values of Regulation (EC) No 595/2009 in relation to the above mentioned Regulation type-approved engines.

The engine must not be put into service until the watercraft in which it is to be installed, if necessary, for compliance with the relevant Provisions of this Regulation.

If the engine has been placed on the market during the transitional period referred to in section 42 (2), this must be stated in the EU declaration of conformity

Undersigned for and on the name of:

(location and date of the exhibition)

(name, function) (signature)

ANNEX V

EQUIVALENT COMPLIANCE
ON THE BASIS OF THE CONSTRUCTION EXECUTION REVIEW
(MODULE PCA)

1.

Compliance based on the construction review (Postconstruction) assessment-PCA) shall be the procedure to assess the conformity of a product equivalent to that in which the manufacturer has not taken responsibility for the conformity of the product with this Regulation; and on the basis of which a natural or legal person pursuant to Article 19 (2), (3) or (4), which The product shall be placed on the market or put into service in its own responsibility, taking on responsibility for the conformity of the product in conformity with the same conditions. This person shall comply with the obligations laid down in Z 2 and 4 and shall ensure, on his own responsibility, that the product subject to the provisions of Z 3 satisfies the requirements applicable to it.

2.

The person who places the product on the market or takes the product into service, applies for a the notified body shall carry out an assessment of the product after construction; the notified body must, on the one hand, the documents and technical documentation needed to ensure that the product complies with the requirements of the said product; , and, on the other hand, all available information on the The use of the product after the initial start-up of the product.

The person who places such a product on the market or takes it into service must have these documents and information in the course of ten years after the evaluation of the Equivalent conformity of the product in accordance with the PCA procedure for the products.

3.

The notified body examines the individual product and carries out calculations, tests, and other assessments to the extent necessary to demonstrate equivalent conformity of the product with the essential requirements of the Regulation.

The notified body shall issue a certificate and a related compliance report on the assessment carried out; it shall keep a copy this certificate and the related conformity report, and shall keep it ready for the market surveillance authority for ten years after the issuance of these documents.

The notified body will bring its identification number to each approved product or let it apply under its responsibility.

If the peer-reviewed product is a watercraft, the notified body must also assume responsibility under its responsibility. the identification number of the watercraft referred to in Annex I, part A, Z 2.1, using the country code field of the manufacturer to indicate the country in which the notified body is established and the fields for the country ' s country code of origin, Federal Minister for Science, Research and the Economy, issued a unique code of manufacture, shall be used to indicate the identification number assigned to the notified body for the PCA, followed by the serial number of the PCA certificate. The fields of the identification number of the watercraft for the month and year of production and for the model year shall be used for the month and year of the inspection after construction.

4.

CE Marking and EU Declaration of Conformity

4.1.

The person who places the product on the market or takes the product into service must be CE marking and, under the responsibility of the notified body in accordance with Z 3, the identification number of the product in respect of which the notified body has carried out the assessment and the conformity with the relevant provisions of the same quality The requirements of this Regulation are certified.

4.2.

The person who places the product on the market or takes it into service must have a Create an EU declaration of conformity and make it available to the market surveillance authority for ten years after the date of issue of the PCA certificate. The declaration of conformity must show the product for which it was issued.

A copy of the EU declaration of conformity will be made available to the market surveillance authority on request.

4.3.

If the product reviewed is a watercraft, the person who is where the product is placed on the market or put into service, the manufacturer's badge, as described in Annex I, Part A, Z 2.2, which contains the indication "assessment by construction", and the identification number of the watercraft as described in Annex I, Part A, Z 2.1; to the watercraft in accordance with the provisions of Z 3.

5.

The notified body must be the person who places the product on the market or in operation. , and inform about their obligations under this PCA procedure.

ANNEX VI

ADDITIONAL REQUIREMENTS FOR THE APPLICATION OF MODULE A1
(INTERNAL MANUFACTURING CONTROL WITH MONITORED PRODUCT CHECKS)
(§ 24 PARAGRAPH 2)

Design and construction

On one or more watercraft that is representative of the manufacturer's production, the manufacturer must have one or more of the following: perform or have performed more than one of the following tests or equivalent calculation or control:

a)

Stability Check in accordance with Annex I, Part A, Z 3.2;

)

Check the buoyant characteristics in accordance with Annex I, Part A, Z 3.3.

noise emissions

Sportsboats with an inner-board engine or a Z-drive engine without an integrated exhaust system and water motorcycles: On one or more watercraft, which are used for the Where the production of the water vehicle manufacturer is representative, the water vehicle manufacturer must, under the responsibility of a notified body selected by the manufacturer, make or carry out the noise measurements referred to in Annex I, Part C.

Outboard motors and Z-drive motors with integrated exhaust system: On one or more engines of each engine family, representative of the engine family The engine manufacturer must, under the responsibility of a notified body chosen by the manufacturer, make or have the noise measurements referred to in Annex I, part C, to be produced.

If more than one engine of a motor family is tested, the statistical procedures described in Annex VII shall be applied in order to ensure conformity of the engine family. Sample to be taken.

ANNEX VII

CHECKING PRODUCTION FOR COMPLIANCE
WITH THE EXHAUST GAS AND NOISE REGULATIONS

1.

To determine the conformity of a motor family, a sample of the series is to be found in the series. . The manufacturer shall determine the extent "n" of the sample in agreement with the notified body.

2.

The exhaust gas emissions and noise emissions are subject to any of the rules. the arithmetic mean X of the results obtained from the sample is calculated. Serial production is considered to be in compliance ("passed"), if the following condition is met:

X + k. S ≤ L

S is the standard deviation with:

S² = ∑ (x-X) ²/(n-1)

X = arithmetic mean of the results obtained from the

x = individual results obtained from the

L = corresponding

n = Number of engines in the

k = statistical, n-dependent factor (cf. the table

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

If n ≥ 20, then k = 0.860/√n.

ANNEX VIII

COMPLEMENTARY PROCEDURE FOR THE APPLICATION OF MODULE C (CONFORMITY WITH DESIGN BASED ON INTERNAL PRODUCTION CONTROL)

In the cases referred to in Article 24 (5), if the quality level is judged to be insufficient, the following procedure shall apply:

An engine is taken from the series and subjected to the test described in Part B of Annex I. The test engines were fully or partially retracted according to the manufacturer's specifications. Where the specific exhaust emissions of the engine taken from the series exceed the limit values set out in Part B of Annex I, the manufacturer may require that a sample of engines taken from the series be taken from the series and among which the number of engines shall be included in the series. is the engine taken first, measurements are made. In order to ensure the conformity of the engine sample with the requirements of this Regulation, the statistical procedure described in Annex VII shall apply.

ANNEX IX

TECHNICAL DOCUMENTATION

The technical documentation referred to in Article 7 (2) and in § 25 shall include, in particular, the following, if relevant for the assessment:

a)

a general description of the type;

)

Drafts, manufacturing drawings and plans of components, assemblies, circuits, and other relevant information;

)

descriptions and explanations that are used to understand these drawings and plans, and the How the product works;

d)

a list of all or part of the standards referred to in § 14, as well as a description the solutions chosen for the fulfilment of the essential requirements, in so far as the standards referred to in Article 14 have not been applied;

e)

the results of design calculations, checks, and other relevant evidence;

f)

Audit reports or equivalent calculations, including stability referred to in Annex I, Part A Z 3.2 and on the buoyant characteristics referred to in Annex I, Part A, Z 3.3;

)

The exhaust emission test reports as proof of compliance with Annex I, Part B Z 2;

)

Reporting on noise emission tests as proof of compliance with Annex I, Part C Z 1.