Tenth Regulation on the Product Safety Act (Regulation on the provision of recreational craft and recreational craft) (10). ProdSV)

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10. ProdSV

Date of completion: 09.07.2004

Full quote:

" Tenth Regulation on the Product Safety Act (Regulation on the provision of recreational craft and the transport of recreational craft) of 9 July 2004 (BGBl. 1605), as last amended by Article 2 (4) of the Regulation of 28 December 2012 (BGBl). 2802). "

Status:

Last amended by Art. 2 § 4 V v. 28.12.2012 I 2802

For more details, please refer to the menu under Notes
This Regulation provides for the implementation of Directive 94 /25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (OJ 1994 L 94, p. 1). EC No 15), as amended by Directive 2003 /44/EC of the European Parliament and of the Council of 16 June 2003 (OJ L 164, 30.6.2003, p. EU No 18), insofar as it concerns the placing on the market of recreational craft. To the extent that this Directive concerns the entry into service of recreational craft on water, it will be implemented by the federal government and, where necessary, by the federal states.

Footnote

(+ + + Text evidence from: 1. 1.20005 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 25/94 (CELEX Nr: 394L0025) 
 ERL 42/2006 (CELEX Nr: 306L0042)  V v. 18.6.2008 I 1060 + + +) 

  

Heading: IdF d. Art. 20 No. 1 G v. 8.11.2011 I 2178 mWv 1.12.2011 Unofficial table of contents

Input formula

On the basis of § 3 (1) of the Equipment and Product Safety Act of 6 January 2004 (BGBl. 2) in conjunction with Article 27 of the Law of 6 January 2004 (BGBl I). 2), the Federal Ministry of Economics and Labour, in agreement with the Federal Ministries of Transport, Building and Housing, for Consumer Protection, Food and Agriculture, Environment, Nature Conservation and Nuclear Safety, and the Federal Ministry for Economic Affairs and Labour, Defence after consultation of the Committee on Technical Work Products and Consumer Products: Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to the provision on the market of new

1.

sports boats,

2.

Water motorcycles,

3.

incomplete boats,

4.

individual or built-in components and

5.

Drive motors.

The importation into the European Economic Area of a used product in accordance with the first sentence of paragraph 1 shall be the same as being made available on the market of a new product. (2) Sports boats within the meaning of this Regulation shall be subject to all the types of propulsion water vehicles with a hull length of 2.5 metres to 24 metres, measured according to the harmonised standard to be applied to them, intended for sports and leisure purposes, as well as watercraft, which shall also be used for charter or recreational purposes at the same time; Training purposes, provided that they are available for sports and leisure purposes on the market (3) Water-powered motorcycles within the meaning of this Regulation are watercraft with a length of less than 4 metres, which use a drive motor with a jet pump drive as the main propulsion source and designed to be used by a motor vehicle, or a number of persons sitting, standing or kneeling not in, but on the hull. (4) Incomplete boats within the meaning of this Regulation are recreational craft, in which essential parts necessary for operation are missing. (5) Components For the purposes of this Regulation, the components referred to in Annex II to Directive 94 /25/EC shall be: European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (OJ 1994 L 327, p. EC No 15), as amended by Directive 2003 /44/EC of the European Parliament of 16 June 2003 (OJ L 164, 30.6.2003, p. EU No 18)-(hereinafter referred to as Directive 94 /25/EC). (6) Drive motors within the meaning of this Regulation are all motors intended for propulsion purposes for watercraft with non-combustion engines or compression-ignition engines, including after two-stroke or Four-stroke internal bord engines, Z-drive motors with or without integrated exhaust system and outboard engines. (7) This Regulation shall not apply to:

1.

vessels designated exclusively for racing and designated by the manufacturer, including racing rowing boats and training rudder boats,

2.

Canoes and kayaks, gondolas and pedal boats, as well as inflatable equipment or bathing aids, without any equipment for control or outboard propulsion,

3.

Sailing surfboards,

4.

Surfboards, including motor-powered surfboards,

5.

Original materials, which are mainly manufactured with original materials and marked accordingly by the manufacturer, from historic watercraft designed before 1950,

6.

boats built in their own use, as long as they are not made available on the market in the European Economic Area for a period of five years,

6a.

test boats as long as they are not provided on the market in the European Economic Area;

7.

without prejudice to paragraph 2, passenger ships referred to in Annex II, Section 1.01, point 18, or Annex X, Section 7.01 of the Rules of the Inland Waterway Investigation Order of 6 December 2008 (BGBl). 2450),

8.

Diving vehicles,

9.

air cushion vehicles,

10.

aeroplanes,

11.

Boats with steam propulsion based on external combustion, powered by coal, coke, wood, oil or gas,

12.

Propulsion engines fitted, fitted or specially designed for installation or installation in the case of watercraft in accordance with point 1 or 6 to 10,

13.

individual reconstructions of historical propulsion engines designed before 1950 which are not produced in series and are installed in watercraft in accordance with points 5 and 6;

14.

drive motors built on their own use, as long as they are not available on the European Economic Area in the European Economic Area for a period of five years, as well as individual retrofitted engines of propulsion engines designed before 1950 Water vehicles not produced in series.

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§ 2 Security requirements

Recreational craft, water-powered motorcycles, incomplete boats, components or propulsion engines may only be made available on the market if they meet the essential requirements of Annex I to Directive 94 /25/EC and, in the case of their intended use, Operation and proper maintenance do not endanger the safety and health of persons, as well as the safety of property and the environment. Unofficial table of contents

§ 3 Conditions for the provision on the market

(1) recreational craft and motorcycles may be provided on the market only and shall be put into service in accordance with their intended purpose, if:

1.

a)

these are marked with the CE marking in accordance with Article 7 of the Product Safety Act and the identification number of the notified body, with the participation of this body in the production control, and

b)

this is accompanied by a written declaration of conformity with the information referred to in point 2 of Annex XV to Directive 94 /25/EC, which confirms that the manufacturer or his authorised representative established in the European Economic Area confirms that:

aa)

the sports boat or the water-powered motorcycle complies with the safety requirements of § 2 and

bb)

comply with the EC conformity assessment procedures laid down in Article 8 of Directive 94 /25/EC, and

2.

the manufacturer or his authorised representative established in the European Economic Area is accompanied by a manual in German language in accordance with Annex I, Part A, point 2.5 of Directive 94 /25/EC.

(2) In the absence of the conditions set out in paragraph 1, complete boats may be made available on the market only if such boats are issued with a declaration by the manufacturer or his/her registered office in the European Economic Area. The authorised representative or the person responsible for placing the product on the market is attached in accordance with Annex III (a) of Directive 94 /25/EC. (3) Components may be provided on the market only if:

1.

a)

the component and/or its packaging shall be marked with the CE marking in accordance with Article 7 of the Product Safety Act and the identification number of the notified body, where this body is involved in the production control, and

b)

the component is accompanied by a written declaration of conformity with the information referred to in point 2 of Annex XV to Directive 94 /25/EC, which means that the manufacturer or his authorised representative established in the European Economic Area or the authorised representative established in the European Economic Area shall be responsible for the Provision on the market responsible person in accordance with Annex III (b) of Directive 94 /25/EC confirms that:

aa)

the component meets the safety requirements of § 2 and

bb)

comply with the EC conformity assessment procedures laid down in Article 8 (2) (e) of Directive 94 /25/EC, and

2.

a declaration by the manufacturer or his authorised representative established in the European Economic Area or the person responsible for making available on the market, in accordance with Annex III (b) of Directive 94 /25/EC is.

(4) Drive motors may be made available on the market only if:

1.

whereas, pursuant to Article 2 (1) of Council Directive 88 /77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles (OJ L 327, 31.12.1987, p. EC No 33), as last amended by Commission Directive 2001 /27/EC of 10 April 2001 adapting to the Council Directive 88 /77/EEC on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous Pollutants and particulate pollutants from compression-ignition engines for the propulsion of vehicles and the emission of gaseous pollutants from positive-ignition engines fuelling natural gas or liquefied petroleum gas for the purpose of driving vehicles to the technical Progress (OJ EC No 10) are type-approved or

2.

which, in accordance with Article 4 (1) of Directive 97 /68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures to combat the emission of gaseous pollutants, and Particulate pollutants from internal combustion engines for non-road mobile machinery (OJ L 196, 27.7.2001, p. EC No 1), as amended by Commission Directive 2001 /63/EC of 17 August 2001 adapting to the provisions of Directive 97 /68/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to measures relating to: Control of the emission of gaseous and particulate pollutants from internal combustion engines for mobile machinery and equipment to technical progress (OJ C 327, 28.4.2002, p. EC No 41) and comply with the values of Stage II in accordance with Annex I, point 4.2.3 of this Directive, or

3.

these as outboard motors or engines with a Z-drive and with an integrated exhaust system with the CE marking according to § 7 of the Product Safety Act and, if the notified body is involved in the production control, the identification number of this place , and

4.

a written declaration of conformity by the manufacturer or his authorised representative established in the European Economic Area, or the person responsible for the provision on the market, with the information referred to in point 2 of the Annex XV of Directive 94 /25/EC and, in respect of cases referred to in Article 4 (4) (1) or (2) of this Regulation and in the case of internal-engine engines and Z-drive engines without an integrated exhaust system, also in accordance with point 3 of Annex XV to Directive 94 /25/EC, and

5.

comply with the respective security requirements of § 2 and

6.

comply with the EC conformity assessment procedures laid down in Article 8 (3) and (4) of Directive 94 /25/EC, and

7.

the manufacturer or his authorised representative established in the European Economic Area is accompanied by a manual in German language in accordance with Annex I, Part B, point 4, and Part C, point 2 of Directive 94 /25/EC.

(5) In addition, the sports boat, the water motorcycle, the component or the drive motor shall be subject to other legislation which prescries the CE marking, and the CE marking shall also confirm that the recreational craft, the water-powered motorcycle, shall: The component or the drive motor shall also comply with the provisions of those other applicable legislation. However, if, in accordance with one or more of these laws, the person responsible is free to choose the applicable rules during a transitional period, the CE marking shall, in this case, only confirm that the sports boat, the The engine wheel, the component or the drive motor shall comply with the legislation actually applied by the controller in accordance with the first sentence. In such cases, the documents, notices or instructions accompanying the sports boat, the water motorcycle, the component or the drive motor shall be accompanied by all the numbers of the legislation which it applies to the legislation which it applies. Community directives, as published in the Official Journal of the European Union. Unofficial table of contents

§ 4 Documents to be provided by the manufacturer

The manufacturer, his authorised representative established in the European Economic Area or the person responsible for placing the product on the market shall have the following documents available to the competent authorities:

1.

a declaration of conformity in accordance with Annex III to Directive 94 /25/EC and

2.

the technical documentation referred to in Annex XIII to Directive 94 /25/EC.

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Section 4a Participation in the transport of sports vehicles

(1) By way of derogation from § 4 of the inland waterway search order, a sports boat may be used within the meaning of section 1 (2) and (3) of the Regulation.

1.

which is made available on the market for the first time in the European Union or in another Contracting State of the Agreement on the European Economic Area after 15 June 1998; and

2.

the length of which the ship does not exceed 20 m and which is not a passenger ship within the meaning of the inland waterway search order,

in the case of transport on the federal waterways, only if it is provided with the CE marking in accordance with § 3 (1). (2) To the extent that a sports boat is issued with a certificate of travel certificate in the sense of the In the case of vehicles with a CE marking, the first investigation and the investigation of vehicles with CE marking shall apply only to those referred to in Annex II, Section 21.02 (2) of the Inland Waterway Search Order. said provisions. Unofficial table of contents

§ 5 Administrative Offences

(1) An administrative offence within the meaning of Section 39 (1) (7) (a) of the Product Safety Act is to act intentionally or negligently against § 3 (1), (2), (3) or (4) a sports boat, a water motorcycle, an incomplete boat, a component, or provides a drive motor on the market. (2) Contrary to § 7 (1) of the Inland Navigation Task Act, anyone who intentionally or negligently participates in the traffic in accordance with § 4a (1) with a sports boat. Unofficial table of contents

§ 6 (omitted)

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Section 7 Entry into force, external force

This Regulation shall enter into force on 1 January 2005. Unofficial table of contents

Final formula

The Federal Council has agreed.