Tenth Regulation To The Product Safety Act (Regulation On The Provision Of Sport Boats And Sport Boats Traffic)

Original Language Title: Zehnte Verordnung zum Produktsicherheitsgesetz (Verordnung über die Bereitstellung von Sportbooten und den Verkehr mit Sportbooten)

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Read the untranslated law here: http://www.gesetze-im-internet.de/gpsgv_10/BJNR160500004.html

Tenth regulation to the product safety Act (regulation on the provision of sport boats and sport boats traffic) (10 ProdSV) 10 ProdSV Ausfertigung date: 09.07.2004 full quotation: "tenth regulation to the product safety Act (regulation on the provision of sport boats and sport boats traffic) of 9 July 2004 (BGBl. I p. 1605), recently by article 2 § 4 of the Decree of December 28, 2012 (BGBl. I S. 2802) is changed" stand : Last modified by article 2 § 4 V v. 28.12.2012 I 2802 for details on the stand number you find in the menu under instructions this regulation serves 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 EC No. L 164, p. 15), by the Directive 2003/44/EC of the European Parliament and of the Council of 16 June 2003 (OJ EU no. L 214 S. 18) is been changed insofar as it concerns the placing on the market of sports boats. So far as this directive concerns the operation of personal watercraft on the water, she will be subject to traffic rights provisions of the Covenant and, where necessary, of the countries implemented.
Footnote (+++ text detection from: 1 1.20005 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 25/94 (CELEX Nr: 394 L 0025) EGRL 42/2006 (CELEX Nr: 306 L 0042) cf. V v. 18.6.2008 I 1060 +++) heading: IdF d. Article 20 No. 1 G v. 8.11.2011 I 2178 mWv 1.12.2011 input formula on the basis of § 3 para 1 of the equipment and product safety act of 6 January 2004 (BGBl. I S. 2) in conjunction with article 27 of the law of 6 January 2004 (BGBl. I S. 2) prescribed the Federal Ministry of Economics and labour in agreement with the Federal Ministry of transport, building and housing, for consumer protection, nutrition and agriculture, environment, nature conservation and nuclear safety, as well as the defence after hearing of the Committee on technical working equipment and consumer products: § 1 scope of application (1) this Regulation applies to the deployment on the market of new 1 sport boats, 2. personal watercraft, 3. incomplete boats, 4 individual or built-in components and 5 drive motors.
The importation of used product pursuant to sentence 1 in the European economic area shall be equivalent to the deployment on the market of a new product.
(2) recreational craft within the meaning of this regulation are all water vehicles with a body length of 2.5 metres, measured according to the harmonised standard applicable respectively to them regardless of the type of drive up to 24 meters, intended for sports and leisure purposes, and water vehicles, that can be used at the same time also for Charter or training purposes, if they are provided for sports and recreational purposes on the market.
(3) personal watercraft are vessels with a length of less than 4 meters, which use an engine with water jet pump as its primary source of propulsion and that are designed to be operated on the fuselage, rather than in sitting, standing or kneeling by one or more persons within the meaning of this regulation.
(4) incomplete boats within the meaning of this regulation are boats where missing major parts, which are necessary for the operation.
(5) components within the meaning of this regulation are components referred to in annex II 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 EC No. L 164, p. 15), as amended by Directive 2003/44/EC of the European Parliament of 16 June 2003 (OJ EU no. L 214, p. 18) - (in the following directive 94/25/EC).
(6) drive motors are all motors for water vehicles with foreign - or compression ignition internal combustion engines, including working the two-stroke or four-stroke principle inboard engines, engines with Z-drive with or without integrated exhaust system and outboard motors for drive purposes within the meaning of this regulation.
(7) this regulation does not apply to 1 only for race specific and labelled by the manufacturer water vehicles, including Rennruderboote and training rowing boat, 2. canoes and kayaks, gondolas and pedalos, inflatable play equipment or bathing AIDS without devices for sails or outdoor Board drive, 3. sailing surfboards, 4. surfboards, including powered surfboards, 5 predominantly with the original materials produced and by the manufacturer according to marked individual replicas of before 1950 designed historic vessels , 6 personal use built boats, as long as they are provided by five years in the European economic area on the market during a period, 6a.
Experimental boats, as long as they do not in the European economic area on the market provided be, 7 without prejudice to paragraph 2 passenger ships within the meaning of annex II § 1.01 number 18 or annex X section 7.01 of the inland waterway vessel inspection regulations from December 6, 2008 (Federal Law Gazette I S. 2450), 8 submersibles, 9 air-cushion vehicles, 10 hydrofoils, 11 boats with steam powered vaguely on external combustion, powered with coal, coke, wood, oil or gas , 12 traction motors, which are grown, built or designed specifically for mounting or installation for water vehicles referred to in point 1 or 6 to 10, 13 individual replicas of before 1950 designed historical propulsion engines, which were manufactured and are incorporated into water vehicles according to paragraphs 5 and 6 in series, 14 built drive motors, as long as it is during a period of five years in the European economic area on the market provided the personal use , as well as individual replicas of before 1950 designed drive motors of historic vessels, which were not produced in series.

Section 2 security requirements sport boats, personal watercraft, incomplete boats, components or Motors must provided only on the market, if they comply with the essential requirements of annex I of the Directive 94/25/EC and not to endanger the safety and health of persons and the security of things and the environment during intended operation and proper maintenance.

§ 3 conditions for the making available on the market (1) recreational craft and personal watercraft may only be made available on the market and taken according to their intended purpose in operation when 1 a) with CE marking according to § 7 of the product safety Act and the identification number of the notified body – with participation of this body in the production control - equipped them and b) that a written declaration of conformity containing the information referred to in point 2 of annex XV of Directive 94/25/EC is , which confirms the manufacturer or his authorised representative established in the European economic area, that aa) the sports boat or the water bike conforms to safety requirements of in article 2 and bb) the the EC conformity assessment procedure laid down in article 8 of Directive 94/25/EC are complied with and 2. these by the manufacturer or his authorised representative established in the European economic area is a manual referred to in annex I part A No. 2.5 of Directive 94/25/EC into German language added.
(2) incomplete boats may be provided without fulfilling the conditions referred to in paragraph 1 only on the market if a declaration of the manufacturer or his authorised representative established in the European economic area or the person responsible for the placing on the market referred to in annex III of Directive 94/25/EC is attached to these boats.
(3) components must only be provided on the market, if 1 a) the device or its packaging with CE marking according to § 7 of the product safety Act and the identification number of the notified body - participation this map are provided at the control of production - and b) the part a written declaration of conformity containing the information referred to in point 2 of annex XV of Directive 94/25/EC is attached , which the manufacturer or his authorised representative established in the European economic area or the person responsible for the making available on the market in accordance with annex III to letter (b) of Directive 94/25/EC confirmed that aa) the device complies with the safety requirements of in article 2 and bb) which the EC conformity assessment procedure prescribed 2 letter e of the Directive 94/25/EC paragraph in article 8 are complied and 2nd one the component declaration of the manufacturer or his authorised representative established in the European economic area or for the Available on the market responsible person in accordance with annex III of Directive 94/25/EC is attached.
(4) drive Motors must only be provided on the market, if 1 this article 2 paragraph 1 of Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to measures against the emission of gaseous pollutants from diesel engines for use in vehicles (OJ EC No. L 36, p. 33), as last amended by Directive 2001/27/EC of 10 April 2001 amending Directive 88/77/EEC on the approximation of the laws of the Member States relating to measures against the emission of gaseous pollutants and particulate from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (OJ EC No. L 107 p. 10) are type-approved or 2.
According to article 4 paragraph 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 against the emission of gaseous and particulate pollutants from internal combustion engines for mobile machines and appliances (OJ EC No. L 59, p. 1), as amended by Directive 2001/63/EC of 17 August 2001 amending 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 against the emission of gaseous and particulate pollutants from internal combustion engines for mobile machines and devices to technical progress (OJ EC No. L 227 p. 41) are type-approved and comply with the values of Tier II annex I no. 4.2.3 of this directive or as outboard motors or engines with sterndrive and integrated exhaust system with the CE-marking according to § 7 of the product safety law and involving the notified body in the production control, which provided identification number of this body are 3. and 4. that a written declaration of conformity of the manufacturer or his authorised representative established in the European economic area or for the making available on the market responsible person with the information referred to in point 2 of annex XV of Directive 94/25/EC and, in the cases of § 4 para 4 No. 1 or 2 to this regulation and inboard engines and engines with Z-drive without integrated exhaust system, even after number 3 of annex XV of Directive 94/25/EC is attached and 5. These correspond to the respective safety requirements of in article 2 and 6 in article 8 procedure each required by paragraph 3 and 4 of Directive 94/25/EC the EC declaration of conformity are met and 7 these by the manufacturer or his authorised representative established in the European economic area is a manual referred to in annex I part B No. 4 and part C No. 2 of Directive 94/25/EC into German language added.
(5) the pleasure craft, the watercraft, the component or the drive motor is subject to other legal provisions that stipulate the CE marking, is confirmed by the CE mark also, that the pleasure craft, the watercraft, the component or the drive motor also meets the requirements of these other applicable legislation. Are free however in accordance with one or more of these rules during a transitional period the choice of the applicable regulation responsible, so the CE marking confirms in this case only, that the pleasure craft, the watercraft, the component or the motor corresponds to the legislation actually applied by the responsible pursuant to sentence 1. In these cases all numbers of Community directives underlying legislation applied by him must be in the documents accompanying the pleasure craft, the watercraft, the component or the drive motor, hints or instructions listed according to its publication in the official journal of the European Union.

§ 4 of the manufacturer to deploy documents of the manufacturer, his authorised representative established in the European economic area or the person responsible for the placing on the market must keep the following documents to the competent authorities: 1. a declaration of conformity in accordance with annex III to Directive 94/25/EC, and 2. the technical file referred to in annex XIII of Directive 94/25/EC.

§ 4a derogation may traffic with sports cars (1) section 4 of the regulation on inspection of inland waterway vessels with a pleasure craft within the meaning of § 1 para 2 and 3, 1 provided for the first time in the European Union or another Contracting State to the agreement on the European economic area on the market after June 15, 1998 and 2 the length of which does not exceed 20 m of the ship body L and that is not a passenger ship within the meaning of the regulation on inspection of inland waterway vessels , the traffic on the waterways of the Covenant only participated in will, if it is provided with the CE marking according to article 3, paragraph 1.
(2) as far as issuing a driving ability certificate within the meaning of the regulation on inspection of inland waterway vessels or its extension is requested for a pleasure craft, the first study and the follow-up on vehicles with CE marking only on in annex II paragraph 21.02 extend provisions referred to in no. 2 of the regulation on inspection of inland waterway vessels.

Article 5 any person within the meaning of article 39, paragraph 1 letter a of the product safety act number 7 is offences (1), whoever intentionally or negligently provides a sports boat, a personal watercraft, an incomplete boot, a component or a drive motor on the market contrary to article 3, paragraph 1, 2, 3, or 4.
(2) any person is in the sense of § 7 para 1 of the inland waterway transport task law, who intentionally or negligently takes part contrary to Article 4a, paragraph 1 with a pleasure craft in the traffic.

§ 6 (dropped out) § 7 entry into force, expiry this regulation into force on January 1, 2005.

Concluding formula the Federal Council has approved.