Key Benefits:
Law of 23 December 2015, laying down rules relating to the safety and the placing on the market of recreational craft (Wet Recreating Vessels 2016)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to do so, having regard to the Directive 2013/53 /EU of the European Parliament and of the Council of the European Union of 20 November 2013 on recreational craft and watercraft and repealing Decision No /EU of the European Parliament and of the Council of the European Union Directive 94 /25/EC (PbEU L 354), is necessary to lay down rules for the safety and marketing of recreational craft;
It is true that we, the Department of Consultative Affairs of the Council of State, and with the mean consultations of the States-General, have found and understand the same as We approve and understand:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
Accreditation: accreditation as referred to in Article 2, 10th paragraph, of the Regulation;
CE marking: the marking by which the manufacturer indicates that a product is in conformity with all the requirements of the European Union harmonisation legislation applicable in the affixing of that marking;
distributor: any natural or legal person in the supply chain, other than the manufacturer or the importer, who offers a product on the market;
EU declaration of conformity: declaration issued by the manufacturer that a product complies with the requirements set out in Article 15, first to third paragraph, of the Directive;
Manufacturer: natural or legal person who manufactures a product or has a product design or manufacturing it and markets it under his name or brand name;
Harmonised standard: Harmonised standard as referred to in Article 2 (1) (c) of Regulation (EU) No 1025/2012, on European standardisation, to amend the Directives 89 /686/EEC and 93 /15/EEC of the Council and the 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 of the European Parliament and of the Council and repealing Decision 87 /95/EEC of the Council and Decision No 1673 /2006/EC of the European Parliament and of the Council;
Delegate: natural or legal person established in the European Union who is authorised in writing by the manufacturer to perform specific tasks on his behalf;
harmonisation legislation of the Union: all legislation of the European Union harmonising the conditions for the marketing of products;
Importer: natural or legal person established in the European Union who places a product from a third country on the market in the European Union;
to put into service: first use in the European Union of a product covered by the Directive by the end-user of the product;
placing on the market: for the first time in the European Union on the market of a product;
Major conversion of a vessel: a conversion of the vessel in which the manner of propulsion of the vessel is changed, the engine being substantially modified, or the vessel being modified in such a way as to make it possible to ensure that the relevant essential requirements are not met safety and environmental requirements of the Directive;
Major change to an engine: a modification of a propulsion engine which would allow it to exceed the emission limit values set out in Part B of Annex I to the Directive or increase the rated power of the engine by more than 15%;
verification: research demonstrating whether a product complies with the requirements of the Directive;
Approval authority: testing, testing, certification and inspection activities carried out in the framework of an inspection;
small or medium-sized enterprises: company as referred to in Commission Recommendation 2003 /361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises;
operators: manufacturer, authorised, importer and distributor;
market surveillance: activities and measures taken by public authorities to ensure that products comply with the applicable requirements set out in Union harmonisation legislation and do not pose a risk to health and safety or other health Aspects of the protection of the public interest;
Market regulator: Officials responsible for market surveillance by our Minister;
national accreditation body: national accreditation body as referred to in Article 2, 11th paragraph of the Regulation;
components: In Annex II to Directive 2013/53 /EU shall mean parts of vessels which are placed on the market separately;
Our Minister: Our Minister of Infrastructure and the Environment;
Offering on the market: provide a product, whether for payment or non-payment, of a product for the purposes of distribution, consumption or use on the European Union market, in the context of a trading activity;
Private importer: natural or legal person established in the European Union which, in the context of a non-trade activity, imports a product from a third country into the Union with a view to putting it into operation for their own use;
Pleasure craft: vessel intended for sports and leisure purposes, other than a water scooter, regardless of the type or mode of propulsion, with a hull length of 2,5 to 24 metres;
Directive: Directive No 2013/53 /EU of the European Parliament and of the Council of the European Union of 20 November 2013 on recreational craft and watercraft and repealing Decision No /EU of the European Parliament and of the Council of the European Union Directive 94 /25/EC (PbEU L 354);
From the market: measure aimed at preventing a product from being offered in the supply chain on the market;
Vessel: pleasure craft or water scooter;
Regulation: Regulation (EC) 765/2008 of the European Parliament and of the Council of the European Union of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 1418/EEC 339/93 (PbEU L 218);
Vessel built for own use: vessel largely built by the future user for their own use;
propelling motor: internal combustion engine internal combustion engine, directly or indirectly used, with spark or compression ignition, which are mounted or dedicated for mounting on or into vessels;
Water scooter: Vessel intended for sports and leisure purposes with a hull length of less than 4 metres, using a propulsion engine with a water jet pump as a primary propulsion source and designed to pass through (one) and not in the fuselage, standing or kneeling person (persons) to be served;
1 This Act does not apply to:
(a) as regards the design and construction requirements of Annex I (A) to the Directive:
1 °. vessels only, including race boats and training rowing boats, referred to for competitions, which are designated as such by the manufacturer;
2 °. Canoes and kayaks, designed to be propelled by human force only, gondolas and pedal boats;
3 °. surfboards designed solely for the purposes of being propelled by the wind and operated by one or more standing persons;
4 °. surfboards;
5 °. Original historic vessels and individual replicas thereof, designed before 1950 and constructed mainly with the original materials, and designated as such by the manufacturer;
6 °. experimental vessels, provided that they are not placed on the market in the European Union;
7. vessels constructed for their own use, subject to the condition that they are not marketed in the European Union for a period of five years from the date of putting into service of the vessel;
8 °. without prejudice to the second paragraph, vessels specifically intended to be manned and to carry passengers for commercial purposes, regardless of the number of passengers;
9 °. Submarines;
10 °. Air-cushion vehicles;
11 °. Hydrofoils;
12 °. steam-powered vessels with external combustion which use coal, coke, wood, oil or gas as fuel;
13 ° for amphibious vessels, namely motor vehicles, wheeled or caterpillar, which can be used both on water and on land;
(b) for the exhaust emission requirements set out in Annex I (B) to the Directive:
1 °. propulsion engines mounted on or specifically designed to be fitted to:
aa. Vessels only referred to for matches, which are designated as such by the manufacturer;
Bb. experimental vessels, provided that they are not placed on the market in the European Union;
Without prejudice to paragraph 3, vessels specifically intended to be staffed and carrying passengers for commercial purposes, regardless of the number of passengers;
dd. Submarines;
ed. Air-cushion vehicles;
Ff. Hydrofoils;
Gg. Amphibious vessels, namely motor vehicles, wheeled or caterpillar, which can be used on both water and land;
2 °. originals and individual replicas of historical propulsion engines based on a design prior to 1950, are not produced in series and shall be fitted to the vessels referred to in subparagraph (a), below 5 ° or 7 °;
3 °. propulsion engines built for their own use, provided that they are not marketed in the European Union for a period of five years from the time of the placing in operation of the vessel;
c. as regards the noise emission requirements set out in Annex I, Part C, to the Directive:
1 °. all vessels referred to in subparagraph (b);
2 °. a vessel built for its own use, provided that the vessel is not marketed in the European Union for a period of five years from the date of putting into service of the vessel.
2 If the same vessel can also be used for hire or sports and leisure courses, this law shall apply if the vessel is placed on the market for recreational purposes in the European Union.
1 Vessels, partially completed vessels, components, substantially rebuilt vessels, propulsion engines or major modified propulsion engines shall be made available on the market or put into service only if they are used in accordance with their destination, and if properly constructed and maintained, do not endanger the safety and health of persons, goods or the environment.
2 The products referred to in paragraph 1 shall comply with the essential requirements set out in Annex I to the Directive.
3 Propulsion engines fitted to vessels shall, without prejudice to paragraph 1, comply with Article 6 (4) of the Directive, provided that they provide additional requirements for the making available on the market or put into service of such engines. propellant engines.
1 For the Article 3, first paragraph Products covered by the harmonized standards referred to in Article 14 of the Directive shall be regarded as complying with Article 3, second paragraph.
2 The inspection of the products referred to in paragraph 1 shall be carried out in accordance with the rules and procedures set out in Articles 19 to 24 of the Directive.
3 If the Article 3, first paragraph The products referred to, with the exception of partly completed vessels, put up on the market or put into service shall be:
(a) accompanied by an EU declaration of conformity as referred to in Article 15 of the Directive, in the languages to be determined by Our Minister; and
b. A CE marking.
4 For a product marked with CE marking, it is assumed that it complies with the essential requirements set out in Annex I to the Directive.
By way of derogation from Article 4, third paragraph , it is allowed to:
to offer partly completed vessels on the market where they are accompanied by a declaration from the manufacturer or importer, in accordance with Annex III to the Directive and in the languages to be defined by Our Minister, they are intended to be reconstructed by others;
(b) to provide or to put into service components on the market if they are accompanied by an EU declaration of conformity from the manufacturer or from the importer certifying that these components are in the Annex I to the Directive Compliance with essential requirements and intended for fitting into vessels;
(c) to market or to put on the market the propelling engines referred to in Article 6 (4) of the Directive under the conditions laid down in that Article;
d. the Article 3, first paragraph To show, on trade fairs, exhibitions, demonstrations and similar events, those products which do not comply with this Directive, provided that a visible sign clearly indicates that those products do not comply with the requirements of Annex I to the Directive on trade fairs, exhibitions, demonstrations and similar events. The Directive lays down essential requirements, which are not to be offered or put into service in the Union before they have been brought into conformity with it.
1 The operators and private importers shall comply with the obligations set out in Chapters II and 25 of the Directive.
2 An amendment to Chapter II or to Article 25 of the Directive shall apply to the application of this Act as from the day on which the amendment in question must be implemented.
3 At the request of the manufacturer, Our Minister shall determine the factory code to be used by the manufacturer, as referred to in Annex I, Part A, point 2.1 (2) of the Directive.
Inspections against third parties shall only be carried out by inspection bodies in accordance with Article 8 have a notification to the European Commission and to the other Member States of the European Union.
1 Our Minister may, upon request, designate inspection bodies which comply with the rules laid down pursuant to paragraph 3 and shall notify to the European Commission and to the other Member States of the European Union, as the competent authorities of the European Union, the competent authorities of the Member States of the European Union. inspection bodies with regard to the categories of pleasure craft, propulsion engines and pleasure craft components to be determined by it, and responsible for the tasks to be assigned by it. The supervision of these inspection bodies rests with our Minister.
2 Our Minister may, as referred to in Article 2 of this Regulation, make the assessment of requests for inspection bodies wishing to be eligible for appointment and notification to a national accreditation body as referred to in Article 2 of this Regulation. the Regulation.
3 In the case of ministerial arrangements, rules governing the procedure for designation referred to in the first paragraph, the criteria for the assessment of inspection bodies wishing to be used for designation and notification, shall be subject to the rules governing the procedure for determining the conditions for the certification of certification bodies. Assessment and the compensation payable by these inspection bodies for the cost of the assessment and the manner and time of payment thereof.
4 Notified inspection bodies shall take part, directly or through an appointed representative, in the work of the sectoral groups of notified bodies set up by the European Commission in accordance with Article 42 of the Directive.
5 Our Minister shall withdraw a designation and a notification, suspend or restrict them if he considers that the relevant body no longer complies with the criteria set out in paragraph 3 or to the fourth member.
If an inspection body demonstrates that it complies with the relevant harmonised standards or parts of it, the references of which have been published in the Official Journal of the European Union, the presumption that it complies with the requirements laid down in the Official Journal of the European Union is Under Article 8, third paragraph , criteria laid down for the assessment provided that the applicable harmonised standards correspond to those criteria.
1 A notified inspection body shall carry out inspections in accordance with the verification procedures provided for in Articles 19 to 24 of the Directive.
2 The inspections shall be carried out in a proportionate manner, avoiding unnecessary burdens for economic operators and private importers. The approval authority shall take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of technological complexity of the products and the mass, or, serial character of the production process. It shall, however, respect the degree of rigour and the level of protection required to ensure that the product complies with this Directive.
3 If a notified inspection body finds that a manufacturer or a private importer has failed to comply with the requirements of Article 3, first and second paragraphs It shall require that manufacturer or private importer to take appropriate corrective measures, or corresponding harmonised standards, and shall not provide a certificate of conformity to those requirements.
4 If a notified body, when monitoring the conformity following the issue of a certificate, finds that a product is no longer in conformity, it shall require the manufacturer or private importer to ensure that it has received appropriate corrective action to ensure that it is not satisfied. measures. If necessary, it shall suspend or revoke the certificate.
5 If no corrective action is taken by the manufacturer or private importer or the measures taken do not have the necessary effect, the notified body shall limit the certificates, as the case may be, suspended or revoked.
6 An amendment to Articles 19 to 24 of the Directive shall apply to the application of this Law as from the day on which the amendment in question must be implemented.
1 A notified inspection body shall inform our Minister:
a. Any refusal, restriction, suspension or revocation of certificates;
b. conditions affecting the scope of and the conditions of notification;
Information requests on inspection activities that they receive from market surveillance authorities.
2 A notified body shall inform our Minister of the inspection activities and other activities carried out within the scope of its notification and other activities, including cross-border activities and subcontracting.
3 A notified inspection body shall provide the other inspection bodies notified under this Directive which conduct similar inspection activities for the same products with relevant information on negative assessment results and on Request also on positive assessment results.
1 It is forbidden any Article 3, first paragraph , to place on the market or to enter into service as such, if it does not comply with the relevant essential requirements set out in Annex I to the Directive.
2 It is forbidden to enter any Article 3, first paragraph , to place on the market or to put into service as such, if it is not properly provided with the CE marking required.
3 It shall be prohibited to affmark a CE marking if an appropriate procedure of conformity assessment has not been applied or if the product concerned does not comply with the relevant provisions of Annex I to the Directive essential requirements.
4 It shall be prohibited to affable marks or inscriptions which may mislead others as to the meaning or graphic design of the CE marking, or to reduce the visibility or legibility of that CE marking.
5 It is prohibited to act in violation of:
(a) Articles 7, 9, third paragraph, up to and including 13 of the Directive; and
(b) Article 25 of the Directive.
6 It is prohibited to act in violation of any obligation, prohibition or restriction imposed by the market regulator as intended in the Articles 14, first and third paragraphs , or 16 of this law.
1 With the supervision of compliance with or under this Act, the officials of the Environment and Transport Inspectorate appointed by Our Minister, are designated by Our Minister.
2 Our Minister may also designate civil servants from another service to monitor compliance with or under this law. If he designates officials of another Ministry, he shall do so in accordance with his/her counterpart, which shall be of the opinion.
3 A decision as referred to in paragraph 2 shall be communicated in the Official Journal.
4 The monitoring referred to in the first and second paragraphs shall include activities and measures in the context of market surveillance.
1 If the market regulator finds that a product as referred to in Article 3, first paragraph If the safety and health of persons, goods or the environment is liable, he shall immediately submit the obligation to the operator or private importer responsible within a period of time to be determined by the operator or by the private importer. the risk of taking proportionate measures to bring that product into conformity with Annex I of the Directive, to withdraw from the market, to withdraw it or to put it into service or to suspend its use.
2 The operators or private importers referred to in the first paragraph shall ensure that the measures imposed are implemented within the prescribed period.
3 If no or no timely execution is given to the measures imposed under the first paragraph, the market regulator shall take all appropriate provisional measures to prohibit or prohibit the placing on the market of the product in question. limit, withdraw or withdraw from the market, or prohibit or restrict the placing in service or use thereof.
1 The market supervisor shall inform the notified body concerned of a situation as referred to in Article 1 (2). Article 14, first paragraph , as well as the European Commission and the other Member States of the European Union, if, in its opinion, the hazard found is not limited to the territory of the Netherlands.
2 The market regulator directly informs the European Commission and the other Member States of the European Union of a situation as referred to in Article 44, fifth paragraph, of the Directive. Article 14, third paragraph .
1 The market supervisor shall bear the relevant economic operator or private importer in order to bring a product into conformity with the rules applicable to or pursuant to this Law if it finds that:
(a) the CE marking has not been affixed or has been affixed unduly;
b. the EU declaration of conformity has not been drawn up or has been drawn up incorrectly;
(c) the manufacturer's or importer's declaration as set out in Annex III of the Directive has not been drawn up or has been drawn up incorrectly;
d. the technical documentation is not available or is incomplete;
e. The name, brand name and contact details of the manufacturer or importer are missing, incorrect or incomplete;
f. has not been met with any other administrative requirement referred to in Articles 7 or 9 of the Directive.
2 If the relevant economic operator or private importer does not carry out or does not carry out the tasks entrusted to it in due time, the market supervisor shall take all appropriate measures to prohibit or restrict the offering of the product in question; to withdraw from or withdraw from the market, or to prohibit or restrict the placing in service or use thereof.
1 Our Minister may hand over the supervision of the notified inspection bodies to a national accreditation body.
2 Under ministerial arrangements, rules may be laid down concerning the supervision of the notified inspection bodies and the reimbursement of the costs incurred by those bodies for the costs of carrying out such surveillance, and of the procedures and procedures for carrying out such surveillance. time of payment.
1 Our Minister may to the person who acts in violation of the in Article 12 impose an administrative fine.
2 The administrative penalty for an infringement of Article 12, second paragraph and fifth paragraph b , at the highest it can be imposed on the fine of the third category, which is intended to be applied in Article 23 (4) of the Code of Criminal Law ;
3 The administrative penalty for an infringement of Article 12, first, third, fourth and sixth paragraphs , can be imposed corresponds to the fine of the fourth category, meant in Article 23, fourth member of the Criminal Code .
4 The administrative penalty for an infringement of Article 12, fifth paragraph, part a , can be imposed corresponds to the fine of the fifth category, meant in Article 23 (4) of the Code of Criminal Law .
5 The administrative penalty to be imposed may be increased by up to 50% if, within a period of 48 months, a fine has been imposed twice for the same fact, each individual in a period not exceeding 24 months prior to that fact, and has become irrevocable.
Our Minister is empowered to apply administrative coercion to enforce the obligations imposed by or under this law.
1 Products covered by the scope of Directive 94 /25/EC fell and thus in compliance, may be placed on the market or put into service until 18 January 2017 with the application of the Recreational craft law As it was the day prior to the date of entry into force of this Act.
2 Outboard propulsion engines with spark-ignition engines of a power of 15kW or less, manufactured by a small or medium-sized undertaking, may be put on the market or put into service when those engines comply with the requirements of the exhaust emission limit values set out in point 2.1 of part B of Annex I to the Directive and on the market before 18 January 2020.
An amendment to the Annexes to the Directive shall apply to the application of this Act from the date of implementation of the relevant amending Directive, except in the case of a ministerial order issued in the Official Journal. the date of the publication of the notice.
1 The Recreational craft law shall be withdrawn.
2 On products that have been offered or put into service on the market before the entry into force of this Act, the Articles 3 , 4 , 5 , 6 , 7 , 7a , 7b , 13 , 14 , 15 , 16 and 17 of the Pleasure Craft Act applicable, as per the day preceding that of the entry into force of this Act, and Article 22 Not applicable.
This Act shall enter into force with effect from 18 January 2016. If the Official Gazette in which this law is placed is issued after 17 January 2016, this law shall enter into force from the day, following that of placing this law in the Official Gazette.
This law is cited as: Law pleasure craft 2016.
Burdens and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and officials, who so concern, will keep their hands on the precise execution
Entry
Wassenaar, 23 December 2015
William-Alexander
The Minister for Infrastructure and the Environment,
M.H. Schultz van Haegen-Maas Geesteranus
Issued the fifteenth of January 2016The Minister for Security and Justice,
G.A. van der Steur
