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)

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.

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

Non-official table of contents

10. ProdSV

Date of delivery: 09.07.2004

Full quote:

" Tenth Regulation on the Product Safety Act (Ordinance on the provision of recreational craft and the transport of recreational craft) of 9 December 2009. July 2004 (BGBl. 1605), as last amended by Article 2 (4) of the Regulation of 28 June 2000. December 2012 (BGBl. I p. 2802) "

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

For details, see the menu under Notes
This regulation is designed to implement the European Directive 94 /25/EC Parliament and Council of 16 1 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (OJ L 327, EC No 15), as amended by Directive 2003 /44/EC of the European Parliament and of the Council of 16 June 2003 on the 1 June 2003 (OJ L 327, EU No 18), insofar as it concerns the placing on the market of recreational craft. As far as this Directive concerns the entry into service of recreational craft on the water, it is implemented by the federal government and, where necessary, the countries.

Footnote

(+ + + Text evidence from: 1. 1.20005 + + +)
(+ + + Official note of the norm provider on EC law:
Implementation of the
EGRL 25/94 (CELEX Nr: 394L0025)
EGRL 42/2006 (CELEX Nr: 306L0042) see 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 Non-Official Table of Contents

Input Formula

Based on Section 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. 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, as well as the Federal Ministry for Economic Affairs and Labour, Defence after consultation of the Committee on Technical Work Products and Consumer Products: Non-official table of contents

§ 1 Scope of application

(1) This Regulation shall apply to the provision on the market of new
1.
Sportsboats,
2.
watermotorcycles,
3.
incomplete booting,
4.
single or built-in components and
5.
drive motors.
The importation of a used product in accordance with the first sentence in the European Economic Area is the same as being made available on the market of a new product.Recreational craft within the meaning of this Regulation shall be, irrespective of the type of propulsion, all vessels with a hull length of 2.5 metres to 24 metres, measured according to the harmonised standard to be applied to them, for sport and leisure purposes. , as well as watercraft, which can also be used for charter or training purposes at the same time, provided that they are provided for sports and leisure purposes on the market.(3) Water 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 which are designed to be used by one or more persons to be driven, not in, but on the fuselage, standing or kneeling.(4) Uncomplete boats within the meaning of this Regulation shall be recreational craft in which essential parts which are necessary for operation are missing.(5) Components within the meaning of this Regulation are components in accordance with Annex II to Directive 94 /25/EC of the European Parliament and of the Council of 16. 1 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (OJ L 327, EC No 15), as amended by Directive 2003 /44/EC of the European Parliament and of the Council of the European Parliament, of the European Parliament, of 1 June 2003 (OJ L 327, 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 cycles, or four-stroke internal bord motors, motors with a Z-drive with or without integrated exhaust system and outboard motors.(7) This Regulation shall not apply to
1.
exclusively for races determined by the manufacturer. Watercraft, including racing rowing boats and training rowing boats,
2.
canoes and kayaks, gondolas and pedal boats, as well as inflatable game equipment, or Bathing helmets without any device for insemination or outboard drive,
3.
Sailing surfboards,
4.
Surfboards, including motor-powered surfboards,
5.
predominantly with original materials Manufactured and manufactured by the manufacturer according to individual afterbuildings of historical watercraft designed before 1950,
6.
built in the own use Boats as long as they are not provided in the European Economic Area on the market for a period of five years,
6a.
test boats as long as they are in the European Economic Area,
7.
without prejudice to paragraph 2, passenger ships referred to in Annex II, Section 1.01 (18), or Annex X, Section 7.01 of the Inland Navigation Ordination of 6. December 2008 (BGBl. I p. 2450),
8.
Diving Vehicles,
9.
Aircushion Vehicles,
10.
hydrofoil boats,
11.
Boats with steam propulsion based on external combustion, which are powered by coal, coke, Wood, oil or gas,
12.
propulsion engines installed on watercraft in accordance with point 1 or 6 to 10, installed, or specially designed for installation or installation
13.
Individual rebuilds of historical propulsion engines designed before 1950, which were not produced in series and in watercraft according to the Points 5 and 6 are incorporated,
14.
drive motors built in their own use, as long as they are not in the European Union for a period of five years. economic space on the market, as well as individual reconstructions of propulsion engines of historic watercraft designed before 1950, which were not produced in series.
unofficial table of contents

§ 2 security requirements

recreational craft, water motorcycles, incomplete boats, components or propulsion engines may only be made available on the market, if they comply with the essential requirements set out in Annex I to Directive 94 /25/EC and, in the case of their intended operation and maintenance, do not comply with the safety and health of persons and the safety of property and the environment; at risk. Non-official table of contents

§ 3 Requirements for making available on the market

(1) Sports boats and water motorcycles may only be on the market , and be put into service according to their purpose, if
1.
a)
this one with the CE marking according to § 7 of the Product Safety Act and the identification number of the notified body, where this body is involved in the control of production, and
b)
this shall be 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 certifies that
aa)
the sports boat or the water motorcycle meets the security requirements of § 2 and
bb)
the EC conformity assessment procedures laid down in Article 8 of Directive 94 /25/EC are complied with
2.
These are a handbook by the manufacturer or his authorised representative established in the European Economic Area in accordance with Annex I, Part A, No. 2.5 of Directive 94 /25/EC in German. (
) In the absence of compliance with the conditions laid down in paragraph 1, complete boats may be made available on the market only if they are made by a manufacturer or his/her declaration in the European Economic Area. or the person responsible for placing the medicinal product on the market, as referred to in Annex III (a) of Directive 94 /25/EC.(3) Components may not be provided on the market only if
1.
a)
the component and/or its packaging with the CE marking in accordance with § 7 of the Product Safety Act and the identification number of the notified body, where this body is involved in the control of production, and
b)
a written component of the component Declaration of conformity accompanied by the information provided for in point 2 of Annex XV to Directive 94 /25/EC, whereby 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 supply of such products on the market responsible person, as referred to in Annex III (b) of Directive 94 /25/EC, confirms that
aa)
Component complies with the security requirements of § 2 and
bb)
the procedures prescribed in Article 8 (2) (e) of Directive 94 /25/EC EC conformity assessment is observed
2.
the component a declaration by the manufacturer or his/her in the European Economic Area authorised representative or the person responsible for the provision of the market in accordance with Annex III (b) of Directive 94 /25/EC.
(4) Drive motors may only be made available on the market; if
1.
this is in accordance with Article 2 (1) of Council Directive 88 /77/EEC of 3 June 1992. 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 EC No 33), as last amended by Commission Directive 2001 /27/EC of 10 June 2000, April 2001 adapting Council Directive 88 /77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines to drive Vehicles and the emission of gaseous pollutants from positive-ignition engines fueled with natural gas or liquefied petroleum gas for driving vehicles to technical progress (OJ L 327, 22.7.2005, p. EC No 10) are type-approved, or
2.
are those referred to in Article 4 (1) of Directive 97 /68/EC of the European Parliament and of the Council of 16 June 1997, of the European Parliament and of the Council of 16 June 2003 December 1997 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from internal combustion engines to be used in non-road mobile machinery (OJ L 327, 31.12.1997, p. EC No 1), as amended by Commission Directive 2001 /63/EC of 17 May 2001. August 2001 adapting to 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 to combat the emission of gaseous and particulate pollutants Particles of internal combustion engines for mobile machinery and equipment in technical progress (OJ L 327, 30.4.2004, 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.
as outboard engines or engines with Z-drive and with 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 position is provided and
4.
this is a written declaration of conformity of the manufacturer or his authorised representative established in the European Economic Area or the person responsible for the supply on the market responsible person with the information specified in point 2 of Annex XV of Directive 94 /25/EC and, in the case of cases of Article 4 (4) (1) or (2) of this Regulation, as well as in the case of internal-engine engines and engines with a Z-drive system without integrated exhaust gas system, even after Point 3 of Annex XV is attached to Directive 94 /25/EC and
5.
corresponds to the respective security requirements of § 2 and
6.
the EC conformity assessment procedures laid down in Article 8 (3) and (4) of Directive 94 /25/EC are complied with, and
7.
These are a handbook by the manufacturer or his authorised representative established in the European Economic Area in accordance with Annex I, Part B, point 4, and Part C, point 2, of Directive 94 /25/EC of the German language.
(5) The sports boat, the water motorcycle, the component or the drive motor is also subject to other legislation which prescribates the CE marking, and the CE marking also confirms that: the sports boat, the water-powered motorcycle, 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 recreational craft, the water-powered motorcycle, the component or the drive motor corresponds to 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 shall be listed in the Official Journal of the European Union, as published in the Official Journal. Non-official table of contents

§ 4 Documents to be provided by the manufacturer

The manufacturer, his or her manufacturer, who is established in the European Economic Area Authorised representative or the person responsible for placing the market on the market shall have the following documents available to the competent authorities:
1.
a declaration of conformity in accordance with Annex III of Directive 94 /25/EC and
2.
the technical documentation pursuant to Annex XIII of Directive 94 /25/EC.
Non-official table of contents

§ 4a Participation in the transport of sports vehicles

(1) By way of derogation from § 4 The inland waterway search order may be used with a sports boat within the meaning of section 1 (2) and (3),
1.
which shall be published after the 15. The Commission shall, for the first time, be made available on the market in the European Union or any other State Party to the Agreement on the European Economic Area in June 1998 and
2.
whose length does not exceed L 20 m and which is not a passenger ship within the meaning of the inland waterway search order,
on the waterways of the Federal government only if it is provided with the CE marking in accordance with § 3 (1).(2) Where a sports boat is requested to issue a certificate of carriage of travel within the meaning of the Inland Waterway Investigation Order or its renewal, the first investigation and the follow-up tests on vehicles shall cover: CE marking only in accordance with the provisions of Annex II, Section 21.02 (2) of the Rules of the Inland Navigation Ordination. Non-official table of contents

§ 5 Administrative Offences

(1) Administrative unlawful within the meaning of Section 39 (1) (7) (a) of the Product Safety Act who intentionally or negligently provides a sports boat, a water motorcycle, an incomplete boat, a component or a drive motor on the market, contrary to § 3 (1), (2), (3) or (4).(2) In the sense of Section 7 (1) of the Inland Navigation Task Act, who intentionally or negligently participates in the traffic in accordance with § 4a (1) with a sports boat. unofficial table of contents

§ 6 (omitted)

unofficial Table of Contents

§ 7 Entry into force, expiry

This Regulation shall enter into force on 1 January 2008. January 2005, in force. Non-official table of contents

Final formula

The Bundesrat has agreed.