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, (a) to harmonize the various national laws in this field with a view to eliminating barriers to trade and the unequal conditions of competition on the internal market of the European Union, basic safety requirements in the design and construction of such craft class, finished and semi-finished, as well as that of certain of its components with an impact on the safety of navigation. It also regulated the conformity assessment procedures for those products with the essential requirements laid down, and the arrangements for the designation by the Member States of notified bodies responsible for carrying out certain tasks in those conformity assessment procedures. Finally, it regulated the requirements, characteristics and conditions of the CE marking of such products.

The incorporation into the Spanish legal order of the aforementioned directive was carried out by Royal Decree 297/1998 of 27 February, which regulates the safety requirements of recreational craft, vessels of Semi-finished recreation and its components, in application of Directive 94 /25/EC.

On 16 June 2003, Directive 2003 /44/EC of the European Parliament and of the Council has been adopted, amending in depth Directive 94 /25/EC.

The new directive extends the scope of regulation to nautical motorbikes and their engines, to the propulsion engines of recreational craft, to emissions of escapes and to the noise emissions of such engines. The aim is to integrate certain environmental protection requirements with a view to promoting sustainable development, while ensuring that maritime safety is protected.

order to ensure the safe use of recreational craft, the Directive provides for a clarification of many technical issues relating to the basic requirements for the construction of recreational craft. vessels in respect of design categories, maximum recommended load, identification, fuel tanks, fire equipment and discharge prevention.

It is also the purpose of the Directive that the placing on the market of the products covered by the Directive shall only be carried out where they have been manufactured and designed in accordance with the requirements laid down therein. by the CE marking. They are also intended to extend their effects to such products regardless of the waters, sea or inland waters of which they are to be used.

The content of this royal decree is materially limited to the jurisdiction of the merchant navy, which Article 149.1.20. of the Constitution entrusts to the State exclusively, without covering other aspects such as such as those relating to the marketing of products which, although from the perspective of Community legislation cannot be circumvented or unfulfilled, transcend the purpose of this royal decree.

From this particular perspective, this royal decree incorporates Directive 2003 /44/EC into Spanish law and, in the light of the quantity and intensity of the modifications introduced by Directive 94 /25/EC, repeals Royal Decree 297/1998 of 27 February 1998, in order to clarify and provide for the greater security of the legal regime applicable to recreational craft.

In its virtue, on the proposal of the Minister of Public Works, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of October 29, 2004,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

This royal decree aims to establish the basic requirements for the design and construction of recreational craft and semi-finished recreational craft, nautical motorbikes and their components, as well as the regulation of exhaust emissions and the noise emissions produced by them, in order to be used in waters where Spain exercises sovereignty, sovereign rights or jurisdiction in order to safeguard the safety of navigation and human life at sea, as well as the protection of the marine environment.

Article 2. Scope.

1. This royal decree will apply:

a) To the design and construction of:

1. The recreational craft and the semi-finished recreational craft.

2. º The nautical bikes.

3. The components mentioned in Annex II.

b) To exhaust emissions from:

1. The propulsion engines installed or intended specifically to be installed on or on recreational craft and motorcycle.

2. Propulsion engines installed on or on such vessels subject to "major engine modification".

c) To the noise emissions of:

1. The recreational craft with a mixed propulsion engine (power-force) without integrated exhaust or with an untraborda motor.

2. " Recreational craft with a mixed propulsion engine without integrated or inboard exhaust which are the subject of an important conversion of the vessel and which are to be used within five years from the date of the conversion.

3. The nautical bikes.

4. The outboard and mixed engines with integrated exhaust intended to be installed on a recreational craft.

2. Excluded from the scope of this royal decree are:

a) The design and construction of:

1. Ships intended exclusively for regattas, including rowing boats and rowing training vessels, so called by the manufacturer.

2. The canoes and kayaks, the gondolas and the pedals.

3. The sailing tables.

4. The surfboards, including engine ones.

5. The original of historical vessels and individual reproductions of historic vessels designed before 1950, essentially reconstructed with the original materials and thus named by the manufacturer.

6. Experimental craft, provided that they are not subsequently placed on the market.

7. " Ships built for personal use, provided that they are not subsequently placed on the market for a period of five years, meaning that they are built by the same stakeholders for their own use.

8. The vessels specifically intended to be manned by professional personnel and to carry passengers for commercial purposes, subject to the provisions of Article 3 (a), regardless of the number of passengers.

9. º Submersibles.

10. º Vehicles with air mattress.

11. º The hydrowings.

12. º External combustion steam vessels, using coal, coke, wood, oil or gas as fuel.

b) The exhaust emissions of:

1. Propulsion engines installed or specifically intended for installation on the following types of craft:

Boats intended exclusively for regattas, so named by the manufacturer.

Vessels of an experimental nature, provided that they are not subsequently introduced into the Community market.

Ships specifically intended to be manned by professional personnel and to carry passengers for commercial purposes, without prejudice to Article 3 (a), regardless of the number of passengers.

The submersibles.

Vehicles with air mattress.

Hydrowings.

2. The original and each of the reproductions of old propulsion engines based on a design prior to 1950, not manufactured in series and installed and placed on the vessels referred to in paragraph 2.a). 5. and 7. º

3. The propulsion engines built for personal use, provided that they are not subsequently placed on the market for a period of five years.

c) The noise emissions of:

1. º All vessels mentioned in paragraph (b) of this paragraph.

2. " Ships built for personal use, provided that they are not subsequently placed on the market for a period of five years.

Article 3. Definitions.

This is meant by:

(a) Recreational craft: any vessel of any kind, irrespective of its means of propulsion, whose hull is in length between 2,5 m and 24 m, measured according to the criteria laid down in the harmonized standards Applicable and projected for sports or leisure purposes. They are also subject to the provisions of this royal decree when they are used for profit or for training purposes for recreational boating.

(b) nautical Moto: a vessel less than four metres in length which uses an internal combustion engine with a water jet pump as a main means of propulsion and designed to be operated by one or more persons sitting, standing or kneeling on the boundaries of a helmet and not inside them.

(c) propulsion engine: any internal combustion engine powered by spark-ignition or two-stroke or four-stroke compression used for the purpose of propulsion, including untraborda, mixed engines (inside outboard) with or without integrated escape and two-stroke and four-stroke.

(d) Important engine modification: any modification of an engine which may result in the engine exceeding the emission limits set out in Part B of Annex I (the normal replacement of engine components which do not alter the engine) the emission characteristics shall not be considered to be an important engine modification) or to increase the rated engine power by more than 15 per cent.

e) Important conversion of the vessel: conversion of an existing vessel which modifies the means of propulsion of the vessel, or involves a major modification of the engine or alter the vessel in such a way as to can be considered as a new vessel.

f) Means of propulsion: any mechanical system intended to boost the craft, in particular mechanical-traction water-jet propellers.

g) Family of engines: engine pool made by the manufacturer which is intended to have similar exhaust emission characteristics and meets the requirements for exhaust emissions that it sets out for its design. this royal decree.

h) Manufacturer: any natural or legal person who designs and manufactures any of the products regulated by this royal decree, or who orders its design or manufacture in order to market it in its own name.

(i) authorised representative: any natural or legal person established in Spain who has received the written mandate from the manufacturer to intervene on behalf of the manufacturer in respect of his obligations arising from the provisions of the in this royal decree.

Article 4. Usage.

1. For use in maritime waters in which Spain exercises sovereignty, sovereign rights or jurisdiction, products falling within the scope of this royal decree must comply with the basic requirements of maritime safety and protection of the marine environment listed in Annex I.

Only such products may be used when they have been constructed and maintained in the correct manner, in such a way that they do not endanger maritime safety or the marine environment.

2. Products covered by this royal decree, the design and manufacture of which comply with the Spanish standards adopted in accordance with the harmonised standards, shall be deemed to comply with the basic requirements referred to in the previous paragraph.

3. They may be used in sea waters where Spain exercises sovereignty, sovereign rights or jurisdiction and shall be deemed to comply with the basic requirements for maritime safety and environmental protection referred to in paragraph 1. previous:

(a) The products listed in Article 2 (1) bearing the "CE" marking, as referred to in Article 7 and described in Annex IV, indicating their conformity with the provisions of this royal decree, including the procedures for assessment of conformity as set out in Chapter II.

(b) Semi-finished vessels, where the manufacturer or his authorised representative in the European Union or the person responsible for placing the product on the market declares, in accordance with Annex III.a), that they are intended to be terminated by third parties.

(c) The components referred to in Annex II and bearing the corresponding "CE" marking, indicating their conformity with the basic requirements when accompanied by a written declaration of conformity as described in the Annex XV, and are intended to be incorporated into a recreational craft, in accordance with the declaration of the manufacturer or his authorised representative established in the European Union, or, in the case of imports from non-Community countries, of any person marketing the component on the Community market, according to Annex III.b).

(d) Intraborda engines and mixed propulsion engines without integrated exhaust, as well as engine approved engines for the latter, with the provisions of Order CTE/1612/2002 of 25 June, for which they are updated Annexes I and II to Royal Decree 2028/1986 of 6 June 1986 on rules for the application of certain EC Directives concerning the type-approval of motor vehicles, trailers, semi-trailers, motorcycles, mopeds and motor vehicles agricultural vehicles, as well as parts and parts of such vehicles.

As an added requirement for the engines referred to in this paragraph (d), the manufacturer or his authorised representative established in the European Union is required to declare, in accordance with paragraph 3 of Annex XV, that the engine complies with the requirements set out in Annex XV. the exhaust emission requirements set out in this royal decree, if installed on a recreational craft or a nautical motorcycle, according to the instructions provided by the manufacturer.

4 When products falling within the scope of this royal decree apply to them regulatory provisions governing other aspects and in which the affixing of the CE marking is also established, the marking shall indicate that the products also comply with the relevant provisions of those provisions. In such a case, the elements of such provisions to be applied by the manufacturer shall be included in the documentation, in the declaration of conformity or in the instructions to accompany those products.

5. In the event that the products falling within the scope of this royal decree are presented at trade fairs, exhibitions, samples and other similar events and do not comply with the requirements laid down therein, they must have a clearly visible sign indicating that they cannot be used in Spain until their conformity is established.

Article 5. Safeguard clause.

1. If it is found that any of the products falling within the scope of this royal decree, marked "EC", correctly designed, installed, if necessary, maintained and used for its own purpose can endanger health and safety. the safety of persons, property or the environment, the Directorate-General of the Merchant Marine will take the necessary measures to prevent the use in Spanish waters and, where appropriate, to be withdrawn from the market or restricted its marketing.

2. Where it is established that a product subject to this royal decree bears the CE marking without complying with the basic requirements of conformity, the Directorate-General of the Merchant Navy shall adopt the appropriate sanctioning resolution, in accordance with the provided for in Title IV of Law 27/1992 of 24 November 1992, of Ports of the State and of the Merchant Navy, of which the European Commission and the other Member States of the European Union shall be informed.

3. If the Directorate-General of the Merchant Navy considers that the harmonised standards referred to in Article 4 (2) do not fully meet the basic requirements referred to in paragraph 1 of that Article, it shall notify the Commission of the requirements referred to in Article 4 (2). motivated, to the European Commission.

CHAPTER II

Assessment of compliance

Article 6. Procedures for the assessment of conformity.

1. Before putting into service the products falling within the scope of this royal decree, the manufacturer or his authorised representative established within the European Union shall apply the procedures laid down in paragraphs 2, 3 and 4 of this Regulation. Article.

The assessment of a recreational craft after its manufacture, in the event that neither the manufacturer nor its representative established in the European Union is responsible for it, may be taken over by the person established in the European Union which markets it or puts it into service on its own responsibility by submitting the relevant application for a post-construction report to a notified body.

Who puts the product into service shall provide the notified body with any available document or technical information corresponding to the first placing in service of the product in the country of origin.

The agency will examine the product individually and carry out the calculations and evaluations necessary to ensure an equivalent conformity with the requirements established by this royal decree. In this case, the phrase 'Post-manufacturing certificate'

be entered in the manufacturer's plate as described in Part A. 2.2 of Annex I.

The notified body shall draw up a report of conformity with regard to the assessment carried out and shall inform the person putting the product into service of its obligations. The latter shall draw up a declaration of conformity, in accordance with Annex XV, and shall affix or cause the CE marking to be affixed to the product, accompanied by the distinguishing number of the relevant notified body.

2. With regard to the design and construction of products referred to in Article 2.1.a), the manufacturer of the vessel or its authorised representative established within the European Union shall apply the following procedures for categories A, B, C and D of design of vessels mentioned in Annex I.A. 1:

a) For categories A and B:

1. "Embarations whose hull is in length between 2,5 and 12 metres: internal control of production, more tests (module A) referred to in Annex VI, or" EC type " examination (module B), as described in the Annex VII, supplemented by conformity with the type (module C) referred to in Annex VIII, or any of the following modules: B + D, B + E, B + F, G or H.

2. "Embarations" with a length of between 12 and 24 metres in length: the "EC type" examination (module B) referred to in Annex VII, supplemented by the type (module C) referred to in Annex VIII, or any of the following modules: B + D, B + E, B + F, G or H.

b) For category C:

1. Vessels Whose Hull is in length between 2.5 and 12 metres:

If the harmonised standards relating to paragraphs 3.2 and 3.3 of Part A of Annex I are complied with: internal production control (Module A), referred to in Annex V, or internal production control, plus tests (module A bis) referred to in Annex VI, or the 'EC type' examination (module B), as described in Annex VII, supplemented by conformity with the type (module C) referred to in Annex VIII, or any of the following modules: B + D, B + E, B + F, G or H.

If the harmonised standards relating to paragraphs 3.2 and 3.3 of Part A of Annex I are not complied with: internal production control, more tests (module A) as referred to in Annex VI, or the 'EC type' examination (module B), described in Annex VII, supplemented by conformity with the type (module C) referred to in Annex VIII, or any of the following modules: B + D, B + E, B + F, G or H.

2. "Embarations" with a length of between 12 and 24 metres in length: the "EC type" examination (module B) referred to in Annex VII, supplemented by the type (module C) referred to in Annex VIII, or any of the following modules: B + D, B + E, B + F, G or H.

(c) For category D: vessels with a hull length of between 2,5 and 24 metres: internal production control (module A) referred to in Annex V, or internal production control, plus tests (module A) A bis) referred to in Annex VI, or the 'EC type' examination (module B) described in Annex VII, supplemented by conformity with the type (module C) referred to in Annex VIII, or any of the following modules: B + D, B + E, B + F, G or H.

(d) For nautical motorcycles: internal production control (module A) referred to in Annex V, or internal production control, more tests (module A) referred to in Annex VI, or the 'EC type' examination (module B) described in Annex VII, supplemented by conformity with the type (module C) referred to in Annex VIII, or any of the following modules: B + D, B + E, B + F, G or H.

e) For the components mentioned in Annex II: any of the following modules: B + C, B + D, B + F, G or H.

3. Exhaust emissions: for the products referred to in Article 2.1.b), the engine manufacturer or his authorised representative established within the European Community shall apply the 'EC type' examination (module B) as described in Annex VII, supplemented for conformity with the type (module C) referred to in Annex VIII, or any of the following modules: B + D, B + E, B + F, G or H.

4. Noise emissions:

(a) For the products referred to in Article 2.1.c) .1 and 2. the manufacturer of the vessel or its authorised representative established in the European Union shall apply:

1. In the case where the tests are carried out using the EN ISO 14509 sound measurement standard, when harmonised: either internal production control, more tests (module A) referred to in Annex VI, or verification by units (module G) referred to in Annex XI, either the total quality assurance (module H) referred to in Annex XII.

2. º When the number of Froude and the method of the power/displacement of water are used for the assessment: either the internal control of the production (module A) referred to in Annex V, or the internal control of the production, more testing (module A) referred to in Annex VI, either the unit verification (module G) referred to in Annex XI or the total quality assurance (module H) referred to in Annex XII.

3. In the case where certified data from the reference vessel, established in accordance with paragraph 1. are used for the assessment: either the internal control of the production (module A) referred to in Annex V or the internal production control, plus additional requirements (module A) referred to in Annex VI, either the unit verification (module G) referred to in Annex XI, or the total quality assurance (module H) referred to in Annex XII.

(b) For the products referred to in Article 2.1.c) .3. and 4. the manufacturer of the aquatic or motor bike or his authorised representative established in the European Union shall apply: internal control of production, more additional requirements referred to in Annex VI (module A bis) or modules G or H.

Article 7. Bodies competent in conformity assessment procedures.

To perform specific tasks in the tasks related to the conformity assessment procedures related to the previous article, the General Directorate of the Merchant Navy will authorize the agencies subject to the accreditation of the criteria set out in Annex XIV and in compliance with the general requirements for authorisations. In any case, such bodies must be specialised and have a proven technical capacity and with qualified personal means. The bodies which have been authorised for publication in the relevant list shall be notified to the European Commission.

It will be an indispensable condition for the effectiveness of the authorization granted to these agencies the fulfillment at all times of the requirements and conditions that were required for their granting. Failure by the abovementioned bodies of any of those requirements or conditions shall result in the withdrawal of the authorisation, and the European Commission and the other Member States of the European Union shall be informed immediately. the corresponding resolution.

CHAPTER III

CE Conformity Marking

Article 8. Requirements, characteristics and conditions of the CE marking.

1. At the time of their placing on the market, they must bear the CE marking in accordance with the following products:

(a) The recreational craft, the nautical motorcycles and the components referred to in Annex II which are considered to be in conformity with the relevant basic requirements set out in Annex I.

(b) The outboard engines are deemed to meet the basic requirements set out in paragraphs B and C of Annex I.

(c) Mixed engines with integrated exhaust that are deemed to comply with the basic requirements set out in paragraphs B and C of Annex I.

2. The CE conformity marking, as reproduced in Annex IV, must be affixed visibly, legibly and indelibly to the watercraft or to the nautical bike in accordance with Annex I.A. 2.2, as well as to the components referred to in Annex II or its packaging, in outboard engines and mixed engines with integrated exhaust according to Annex I.B. 1.1.

The CE marking shall be accompanied by the identification number of the body responsible for carrying out the procedures referred to in Annexes IX, X, XI, XII and XVI.

3. It is prohibited to place marks or inscriptions on the products covered by this royal decree which may mislead third parties in relation to the meaning or form of the CE marking. Any other mark may be affixed on the products to which this royal decree or packaging applies, provided that they do not reduce the visibility and legibility of the CE marking.

4. Where the affixing of the 'EC' marking is established, and without prejudice to the application of Article 5, the manufacturer or his authorised representative established within the European Union shall immediately put an end to that practice. In case it persists, all precise measures will be taken to avoid the use of the product.

ADDITIONAL PROVISIONS

First. Harmonisation of national standards with European standards.

1. For the purposes of Article 4.2, the national rules adopted in accordance with the European harmonised standards are those listed in Annex XVIII.

2. The Director-General of the Merchant Navy shall make public, on a regular basis, the list of standards referred to in the previous paragraph, duly updated.

Second. Rules not applicable.

Recreational craft, nautical motorcycles and their engines falling within the scope of this royal decree are exempted from the application of the following provisions:

(a) Chapter II of the Regulation adopted by Decree 3384/1971 of 28 October 1971 on the revision of the Regulation on the recognition of merchant vessels and vessels, partially repealed by Royal Decree 1837/2000 of 10 December 1993. November, for which the Regulation on the inspection and certification of civil ships is approved.

(b) Article 13 (1) (a) and Articles 34 to 43 of Royal Decree 1027/1989 of 28 July 1989 on flag-bearer, ship registration and maritime registration.

(c) Chapter II-2 of the Supplementary Rules of the International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1978, which is annexed to the Order of the Minister for Transport, Tourism and Communication of 31 January 1986 on amendments to the Supplementary Rules for the implementation of the International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1978, to merchant vessels and vessels national.

TRANSIENT DISPOSITION

Unica. Time limit for placing products on the market.

1. The products regulated in this royal decree that comply with the regulations in force on 27 August 2003 may be marketed and put into service until the dates set out below:

(a) Until 31 December 2005, products classified in accordance with Article 2.1.a).

b) Until December 31, 2005, the four-stroke compression and spark-ignition engines.

c) Until December 31, 2006, two-stroke spark-ignition engines.

2. For the products referred to in paragraph (a) (2) and (b) and (c) of Article 2 (1), the provisions of this royal decree shall apply only from the date of their first placing on the market or putting into service, as from 27 August 2003.

REPEAL PROVISION

Unica. Regulatory repeal.

Royal Decree 297/1998 of 27 February 1998 governing the safety requirements for recreational craft, semi-finished recreational craft and their components is hereby repealed in application of the Directive. 94 /25/EC, as well as how many provisions of the same or lower rank object to the provisions of this royal decree.

FINAL PROVISIONS

First. Competence title.

This royal decree is approved under the jurisdiction that Article 149.1.20 of the Constitution attributes to the State in the field of merchant marine.

Second. Regulatory enablement.

The Minister of Public Works is authorised to make, in the field of his powers, the necessary provisions for the development and implementation of this royal decree and to introduce into its annexes the necessary amendments to to bring their content into line with Community rules.

Third. Entry into force.

This royal decree will enter into force on January 1, 2005.

Given in Madrid, 29 October 2004.

JOHN CARLOS R.

The Minister of Development,

MAGDALENA ALVAREZ ARZA

ANNEX I

Basic requirements (For the purposes of this Annex, the term "watercraft" shall be understood as referring to recreational craft and nautical motorcycles)

A. BASIC SAFETY REQUIREMENTS FOR THE DESIGN AND CONSTRUCTION OF VESSELS

1. Design category

	Category	Wind Force (Beaufort Scale)	Significant Height of Waves (H 1/3; meters)
A "Ocean"	More than 8.	More than 4.
	Up to 4 included.		Up to 4 included		C " coastal "	Up to 6 included.	Up to 2 inluido.
"In protected waters"	Up to 4 included.	Up to 0.3 included.

Definitions:

A. Oceanic: boats designed for long journeys in which the winds can overcome force 8 (Beaufort scale) and waves the height of four meters or more, excluding abnormal situations, and which are boats self-sufficient to a large extent.

B. Offshore: vessels designed for offshore travel where winds of up to force 8 and significant high waves of up to four metres can be found.

C. In coastal waters: boats designed for trips in coastal waters, large bays, large estuaries, lakes and rivers, in which winds of up to force 6 and waves of significant height of up to two meters can be found.

D. In protected waters: vessels designed for travel in protected coastal waters, small bays, small lakes, rivers and canals, where winds of up to strength 4 and significant waves of up to 0,3 m can be found; and occasionally waves of 0.5 m maximum height caused, for example, by the passage of vessels.

In each category, vessels must be designed and constructed to withstand these parameters as regards the stability, buoyancy and other basic requirements listed in Annex I and must have good handling characteristics.

2. General requirements

The products referred to in Article 2.1.a shall comply with the basic requirements to the extent that they are applicable to them.

1. Identification of the vessel: any vessel shall bear the identification number, which shall include the following information: the builder's code, the country of construction, a unique serial number, the year of production and the year of the vessel. model.

The relevant harmonised standard will detail these requirements.

2. Manufacturer's plate: any vessel shall carry a sheet mounted permanently and separately from the hull identification number, which shall include the following information: name of the manufacturer, marking 'EC' (see Annex IV), design category of the vessel in accordance with paragraph 1, the maximum load recommended by the manufacturer in accordance with paragraph 3.6 (excluding the weight of the contents of the filled fixed tanks) and the number of persons recommended by the manufacturer that the vessel is intended to be transported according to the design.

3. Prevention of falling overboard and means to climb back on board: according to the category of design, the vessel will be designed in such a way as to minimize the danger of falling overboard and in such a way that it is easier to climb back to on board.

4. Visibility from the main government post: in the case of motor boats, the pilot, from the main government post and under normal conditions of use (speed and load), must have a visibility of 360. º

5. Owner's manual: each vessel must have a owner's manual in Spanish. The instruction manual shall pay particular attention to the risks of fire and mass water entry and shall contain the information referred to in paragraphs 2.2, 3.6 and 4, as well as the weight in kilograms of the waterless vessel.

3. Requirements regarding integrity and construction characteristics

1. Structure: the materials chosen, their combination and construction, taking particular account of the necessary firmness of the vessel, in all respects its design category in accordance with paragraph 1 and the maximum recommended load by the manufacturer in accordance with paragraph 3.6.

2. Stability and freeboard: the vessel shall have sufficient stability and freeboard taking into account its design category in accordance with paragraph 1 and the maximum load recommended by the manufacturer in accordance with paragraph 3.6.

3. Buoyancy: the hull of the vessel shall be constructed in such a way as to ensure the appropriate buoyancy characteristics for its design category in accordance with paragraph 1 and the maximum load recommended by the manufacturer according to the paragraph 3.6. All habitable multi-hull vessels shall be designed in such a way as to provide sufficient buoyancy to remain afloat in an inverted position.

Vessels of less than six metres shall be equipped with suitable flotation means to be able to float in the event of a massive inflow of water, when used according to their category of design.

4. Openings in the hull, the cover and the superstructure: once closed, the openings in the hull, the cover or covers and the superstructure shall not endanger the structural integrity of the vessel or its tightness.

The windows, hammers, doors and hatch covers shall withstand the foreseeable pressure of the water in their specific positions, as well as the point loads produced by the weight of the persons transiting the deck.

The devices that pass through the hull to allow the passage of water into or out of the hull, below the waterline corresponding to the maximum load recommended by the manufacturer according to the paragraph 3.6, shall be provided with easily accessible closing elements.

5. Mass water entry: any vessel must be designed in such a way as to minimise the risk of sinking.

Special attention will be given, as appropriate, to bathtubs and wells, which must be self-driving or have other means to prevent water from penetrating the watercraft, ventilation systems and water from the water through appropriate pumps or other means.

6. Manufacturer's recommended maximum load: the maximum recommended load by the manufacturer (fuel, water, provisions, miscellaneous equipment and persons (in kilograms)), and for which the vessel has been designed, shall be determined in accordance with its Design category (paragraph 1), stability and freeboard (paragraph 3.2) and buoyancy (paragraph 3.3).

7. Stowage of life raft: any vessel of categories A and B, and any vessel of categories C and D whose length is greater than six metres, shall have one or more sites to stretch one or more life rafts with capacity sufficient for the number of persons recommended by the manufacturer for which the vessel has been designed. Such sites shall be easily accessible at all times.

8. Evacuation: any multi-hull vessel of more than 12 m in length shall be provided with effective means of escape to allow for the removal of the vessel.

Any habitable vessel must have effective means of evacuation in the event of fire.

9. Anchorage, mooring and towing: any vessel, taking into account its design and characteristics category, shall be fitted with one or more strengths or other means which, without prejudice to the safety, anchorage, mooring and/or safety charges, are capable of being trailer.

4. Handling features

The builder will ensure that the handling characteristics of the vessel are suitable for the most powerful of the engines for which it is designed and built. The maximum rated power of all engines for recreational maritime use shall be declared in the owner's manual in accordance with the harmonised standard.

5. Requirements for equipment and their installation

1. Engines and enclosures for engines:

1. Motor installed on board: any engine fitted on board shall be placed inside a closed enclosure and isolated from the room area and in such a way as to limit to the maximum the danger of fires or fire spread in Room areas and the risk of exposure to toxic exhaust fumes, heat, noise or vibration in the room area.

Engine parts and accessories requiring frequent inspections or checks must be easily accessible.

insulating materials within the engine enclosure shall be non-combustible.

2. º Ventilation: the engine compartment will be ventilated. Any dangerous entry of water into that compartment by any of the ventilation hydrants shall be prevented.

3. Undiscovered parts: when the engine or engines are not protected by a lid or by its own enclosure, the hot or mobile parts of the engine that are exposed and liable to cause bodily injury shall be duly protected.

4. Start of the outboard engines: any vessel with a motor force shall have a device to prevent the engine from being started with a running gear, except:

a) When the engine has a static thrust less than 500 N.

(b) When the engine has an acceleration limiting device to limit the thrust to 500 N at the time of the engine start up.

5. Non-conductive nautical modes: nautical motorcycles must be designed either with an automatic engine power-off device, or with an automatic mechanism that produces a circular and forward motion to the engine. reduced speed when the driver descends voluntarily or falls into the water.

2. Fuel:

1. No General: The filling, storage, ventilation and fuel supply devices and facilities shall be designed and installed in such a way as to minimise the fire and explosion hazards.

2. Deposits of fuel: the fuel tanks, tubes and pipes shall be firmly fixed and separated or protected from any major source of heat. The material and method of construction of the tanks shall be in line with their capacity and the type of fuel. All areas occupied by deposits shall be ventilated.

Gasoline will be stored in tanks that are not part of the hull and are:

a) Isolated from the engine compartment and any other source of inflammation.

b) Separated from the room area.

Diesel fuel may be stored in tanks integrated into the hull.

3. Electrical system: electrical systems shall be designed and installed in such a way as to ensure the proper functioning of the vessel under normal conditions of use and to minimise the danger of fire and electrocution.

All battery-powered circuits, other than those of engine start-up, shall have an overload protection and short circuits.

ventilation shall be provided to prevent the accumulation of gases from the batteries. The batteries will be firmly fixed and protected from water.

4. Governance System:

1. º Generalities: government systems shall be designed, constructed and installed in such a way as to permit the transmission of the load of government under foreseeable operating conditions.

2. "Emergency devices" means the sailing vessels and the vessels of a single untraborda motor fitted with an operating system at a distance from the rudder shall be provided with an emergency means to govern them; reduced speed.

5. Gas appliances: gas appliances for domestic use shall be equipped with vapours and shall be designed and installed in such a way as to prevent leakage and the danger of explosion and to carry out checks to detect potential leaks. The materials and components shall be suitable for the gas used and to withstand the forces and aggressions of the marine environment.

Each apparatus shall be equipped with a flame-off detector device in each of the burners. Any apparatus operating with gas shall be supplied with an independent branch of the distribution system, and each apparatus shall have an independent closing device. A suitable ventilation system shall be installed to avoid the risks arising from leakage and combustion products.

Vessels with permanent installation gas appliances shall have an enclosure for storing gas cylinders. The enclosure will be isolated from the habitable areas, it will be accessible only from the outside and with ventilation to the outside, so that any gas escape goes overboard. The permanent gas appliances shall be tested after installation.

6. Fire protection:

1. General: The danger of fire and spread of fire will be taken into account when installing the equipment and when deciding on the vessel's internal layout. Special attention shall be paid to areas adjacent to the open flame apparatus, hot zones or engines and auxiliary machinery, to oil and fuel spills, to oil and fuel pipelines discovered, and shall be avoided. the presence of electrical cables above the hot zones of the machines.

2. Fire equipment: vessels shall be fitted with fire equipment appropriate to the fire risk or, failing that, the position and capacity of the fire equipment appropriate to the risk of fire shall be indicated. fire. The vessel shall not be put into service before the appropriate fire equipment has been fitted to it. Petrol engine compartments shall be protected by a fire extinguishing system which avoids the need to open the compartment in the event of fire. When the vessel is equipped with portable fire extinguishers, they will be placed in easily accessible places and one of them will be in such a position that it can be reached without difficulty from the main post of government of the vessel.

7. Navigation lamps: if navigation lights are installed, they must comply with the rules of the COL REG 1972, as subsequently amended, or from the CEVNI, as appropriate.

8. Prevention of discharges and installations to facilitate the discharge of waste to land: vessels shall be constructed in such a way as to avoid accidental discharges of pollutants (oil, fuel, etc.) into the water.

Vessels equipped with toilets must be provided with either tanks or installations that may contain deposits.

The vessel that has permanently installed deposits shall be provided with a universal grounding connection that allows the conduit of the reception facilities to be coupled to the discharge duct of the vessel. vessel.

In addition, pipes intended for the discharge of human organic waste passing through the hull will have valves that can be closed and sealed.

B. BASIC REQUIREMENTS FOR EXHAUST EMISSIONS FROM PROPULSION ENGINES

Propulsion engines shall meet the following basic requirements for exhaust emissions.

1. Engine identification

1. Each engine must clearly bear the following information: registered trademark or commercial name of the engine manufacturer, engine type, engine family, if applicable, a single engine identification number, marking 'CE', if required on the basis of Article 8.

2. The marking of the information referred to above shall withstand the normal life of the engine and be clearly legible and indelible. If labels or sheets are used, they must be subjected in such a way that they are placed during the normal life of the engine and the labels or sheets cannot be removed without destroying or disfiguring them.

3. Such marks must be placed in a part of the engine which is necessary for normal operation and which does not normally require replacement during the life of the engine.

4. Such markings shall be so easily visible to any person after the engine has been mounted with all the components necessary for its operation.

2. Requirements for exhaust emissions

Propulsion engines shall be designed, constructed and assembled so that, when properly installed and in normal service, emissions do not exceed the limit values obtained from the following table:

TABLE 1

g/kWh

Type

Carbon Monoxide CO = A + B/PnN			Hydrocarbons HC = A + B/PnN			NoXOxides	PT Particles
A	B	C	A	B	C
-time spark-ignition.	150.0	600,0	1.0	30.0	100.0	0.75	10,0	Not applicable
	150.0	600,0	1.0	6.0	50.0	0.75	15.0	Not applicable
Compression power-on.	5.0	0	0	1.5	2.0	0.5	9.8	1,0

A, B and n are constant according to the table, P_N is the rated power in kW and the exhaust emissions are measured according to EN ISO 8178, when harmonised.

For engines with a power greater than 130 kW, the use cycles E3 (IMO) or E5 (recreational maritime use) may be used.

The reference fuels to be used in emission tests with petrol engines and diesel engines, as well as emissions tests with liquefied petroleum gas engines, shall be as specified in Annex I of Order CTE/1612/2002 of 25 June.

3. Durability

The engine manufacturer shall provide instructions for the installation and maintenance of the engine, the application of which shall mean that the engine in normal service shall continue to comply with the limits established during the period of normal engine life and under normal conditions of use.

The engine manufacturer shall obtain this information by means of prior stress tests, based on normal operating cycles, and by calculating the fatigue of the components, so that the manufacturer can prepare and publish the necessary maintenance instructions with all new engines when they begin to be marketed.

By normal engine life period, the following is understood:

a) Unlocked or mixed engines with or without integrated exhaust: 480 hours or 10 years, whichever occurs first.

b) Motorcycle motor engines: 350 hours or five years, whichever is first.

c) Force forces: 350 hours or 10 years, whichever occurs first.

4. Owner's Manual

Each engine must be accompanied by an owner's manual in the official Community language or languages, which may be determined by the Member State in which it is used. This manual shall contain instructions for the installation and the necessary maintenance to ensure the proper operation of the engine in compliance with the requirements set out in paragraph 3 (durability), and to specify the engine power calculated according to the harmonised standard.

C. BASIC REQUIREMENTS FOR NOISE EMISSIONS

Recreational craft with an integrated or non-exhaust integrated engine, nautical motorcycles, outboard engines and mixed exhaust engines shall comply with the following basic emission requirements. sound.

1. Sound emission levels

1. Recreational craft with unworked or intermixed engines without integrated exhaust, nautical motorbikes, outboard engines and mixed exhaust engines shall be designed, constructed and assembled in such a way that noise emissions are not exceed the limit values given in the table below, calculated according to the tests defined in the UNE EN ISO 14509 standard when harmonised.

TABLE 2

	engine power in kW	Maximum sound pressure level = = LpASmax in dB
PN ≤ 10	67
N ≤40	72
N > 40	75

P_N = rated power in kW at nominal speed, and

LpASmax = maximum sound pressure level in dB.

For dual-engine and multi-engine units composed of all engine types, a tolerance margin of 3 dB may be applied.

2. As an alternative to noise measurement tests, recreational craft with inboard or mixed engine configurations without integrated exhaust shall be deemed to conform to the present noise requirements if their 'Froude number' is ≤ 1,1 and its power/displacement ratio is ≤ 40, and provided that the engine and exhaust system are installed in accordance with the engine manufacturer's specifications.

3. The 'Froude number' shall be calculated by dividing the maximum speed of the vessel V (m/s) by the square root of the length on the flotation line Lfl (m) multiplied by the given gravitational constant (g = 9,8 m/s²).

vF =

V

The "power/displacement coefficient" shall be calculated by dividing the engine power P (kW) by the displacement of the vessel:

(t) =	P
	D

4. As an additional alternative to noise measurement tests, recreational craft with inboard or mixed engine configurations without integrated exhaust shall be considered to be in compliance with the present noise requirements if their parameters Design fundamentals are the same as those of a certified reference vessel with the tolerance margins specified in the harmonised standard, or compatible with those parameters.

5. A certified reference vessel is a specific combination helmet/motor or mixed non-exhaust engine which is considered to be in conformity with the noise emission requirements, calculated in accordance with paragraph 1.1 above, and whose Relevant key design parameters and noise level measurements shall be included in the list of certified reference vessels to be published in the future.

2. Owner's Manual

For recreational craft with inboard or mixed engines with or without integrated exhaust and nautical motorcycles, the owner's manual required in accordance with paragraph 2.5 of Part A of Annex I shall include the information necessary to maintain the vessel and the exhaust system under conditions which, to the extent practicable, ensure, in the context of normal use, compliance with the specified noise limit values.

For outboard engines, the owner's manual required in accordance with paragraph 4 of Part B of Annex I shall provide the instructions necessary to maintain the engine outboard under conditions which, in so far as it is feasible to ensure compliance with the specified noise limit values in the framework of normal use.

ANNEX II

Components

1. Anti-flagrant protective equipment for inboard engines and mixed engines (sterndrive) .

2. A mechanism that prevents the start of the outboard engines when any gear is engaged.

3. Rudders, steering mechanisms and cable assemblies.

4. Fuel tanks for fixed installations and fuel pipelines

5. Precast hatches and hammers.

ANNEX III

Statement by the builder, his authorised representative established in the European Union (EU) or the marketing officer

(a) The declaration of the manufacturer or his authorised representative established in the European Union referred to in Article 4.3.b (semi-finished craft) shall include the following particulars: name and address of the manufacturer. Manufacturer; name and address of the authorised representative established in the EU or, if applicable, of the person responsible for placing the product on the market; description of the semi-finished vessel; declaration that the semi-finished vessel is intended for use by third parties and that it complies with the basic requirements for that stage of the construction.

(b) The declaration of the manufacturer, his authorised representative established in the European Union or the person responsible for placing the product on the market referred to in Article 4.3.c (components) shall include the following particulars: the manufacturer's address; name and address of the authorised representative of the manufacturer established in the EU or, if applicable, of the person responsible for placing the product on the market; description of the components; declaration that the components comply with the corresponding basic requirements.

ANNEX IV

CE Marked

The CE marking of conformity shall be constituted by the initials "CE" according to the following graphic:

In case of reduction or expansion of the marking, the proportions as shown in the graduated graphics shown on this page must be respected.

The various elements of the CE marking must have the same vertical dimension, which shall not be less than five mm.

The CE marking shall be followed by the identification number of the notified body, provided that the notified body is involved in the control of production.

ANNEX V

Internal production control (Module A)

1. The manufacturer, or his authorised representative established in the EU, who takes charge of the obligations set out in paragraph 2, shall ensure and declare that the products concerned satisfy the relevant requirements of this royal decree. The manufacturer or his authorised representative established in the European Union shall affix the CE marking to each product and draw up a written declaration of conformity (see Annex XV).

2. The manufacturer shall draw up the technical documentation described in paragraph 3, and he or his authorised representative established in the EU shall keep it at the disposal of the relevant national authorities for inspection purposes for a period of at least 10 years.

When neither the manufacturer nor his authorised representative is established in the EU, the obligation to keep the technical documentation available will be on the person who places the product on the EU market.

3. The purpose of the technical documentation is to allow the conformity of the product with the requirements of this royal decree. To the extent that it is relevant for the assessment, such documentation shall relate to the design, manufacture and operation of the product (see Annex XIII).

4. The manufacturer or his authorised representative shall keep a copy of the declaration of conformity together with the technical documentation.

5. The manufacturer shall take all necessary measures to ensure that the manufacturing process ensures the conformity of the products manufactured with the technical documentation referred to in paragraph 2 and with the relevant requirements of this real decree.

ANNEX VI

Internal production control, more tests (Module A, option 1)

This module consists of module A, as shown in Annex V, plus the following additional requirements:

A. Design and construction: In one or more of the vessels representative of the manufacturer's production, this or other person on its behalf shall carry out one or more of the following tests, equivalent calculations or controls: stability test Paragraph 3.2 of the basic requirements of Part A of Annex I, the buoyancy test in accordance with paragraph 3.3 of the basic requirements of Part A of Annex I.

These tests, calculations or controls must be carried out under the responsibility of a notified body chosen by the manufacturer.

B. Noise emissions: For recreational craft equipped with non-exhaust or integrated interlock engines and for nautical motorcycles: in one or more of the vessels representative of the production of the craft manufacturer, this or another person on his behalf shall carry out the sound emission tests set out in Part C of Annex I, under the responsibility of the notified body chosen by the manufacturer.

For outboard engines and mixed engines with integrated exhaust: in one or more engines of each engine family representative of the engine manufacturer's production, this or other person on its behalf shall carry out the tests. on the noise emissions set out in Part C of Annex I, under the responsibility of the notified body chosen by the manufacturer.

In case more than one engine belonging to an engine family is tested, the statistical method described in Annex XVII shall be applied to ensure the conformity of the sample.

ANNEX VII

CE type examination (Module B)

1. A notified body shall verify and certify that a representative of the production concerned complies with the relevant provisions of this royal decree.

2. The manufacturer, or his authorised representative established in the European Union, shall submit the application for the type examination to the notified body of his choice.

The application shall include: the name and address of the manufacturer, and if the application is submitted by the authorised representative, including the name and address of the authorised representative; a written declaration specifying that the name and address of the manufacturer the application has not been submitted to any other notified body; the technical documentation referred to in paragraph 3.

The applicant shall make available to the notified body a copy of the product representative of the production concerned, hereinafter referred to as 'type' (*). The notified body may request other copies if required by the test programme.

3. The technical documentation shall enable the conformity of the product to be assessed with the requirements of this royal decree. Whenever necessary for such assessment, it shall relate to the design, construction and operation of the product (see Annex XIII).

(*) A type may cover different variants of the product in so far as the differences between the variants do not affect the level of safety and the other requirements concerning the operation of the product.

4. The notified body:

(a) Examine the technical documentation, verify that the type has been manufactured in accordance with the technical documentation and determine the elements that have been designed in accordance with the applicable provisions of the (a) the provisions referred to in Article 4.2, as well as the components which have been designed without applying the relevant provisions of those rules.

(b) It shall carry out the appropriate examinations and tests necessary to check whether, in the event that the standards referred to in Article 4.2 have not been applied, the solutions adopted by the manufacturer comply with the requirements laid down in Article 4 (2). basic requirements of this royal decree.

(c) It shall carry out the appropriate examinations and tests necessary to verify, in the case where the manufacturer has chosen to apply the relevant standards, the effective application of these tests.

d) Decide, by common agreement with the applicant, the place where the examinations and tests will be carried out.

5. If the type complies with the provisions of this royal decree, the notified body shall issue to the applicant an 'EC type' examination certificate. This certificate shall include the name and address of the manufacturer, the examination findings, the conditions of validity of the certificate, as well as the data necessary to identify the approved type.

A list of the significant parts of the technical documentation shall be attached to the technical certificate, and a copy shall be kept by the notified body.

If the manufacturer sees his or her application for a type certificate denied, the notified body will give detailed reasons for its decision.

6. The applicant shall inform the notified body which has the technical documentation relating to the 'EC type' certificate concerning any modification of the approved product which is to receive a new approval when such modifications are made. may affect compliance with the basic requirements or the conditions laid down for the use of the product. This new approval shall be issued in the form of a supplement to the original "EC type" examination certificate.

7. Each notified body shall communicate to the other notified bodies the relevant information on the 'EC type' examination certificates, as well as their supplements, which have been issued or withdrawn.

8. The other notified bodies may receive copies of the EC type-examination certificates and/or their supplements. The Annexes to the certificates shall be made available to the other notified bodies.

9. The manufacturer or his authorised representative shall, together with the technical documentation, keep a copy of the EC type-examination certificates and their supplements for a period of at least 10 years from the last date of manufacture of the product.

Where neither the manufacturer nor his authorised representative is established in the EU, the obligation to keep the technical documentation available shall be the responsibility of the person responsible for placing the product on the EU market.

ANNEX VIII

Compliance with type (Module C)

1. The manufacturer, or his authorised representative established in the European Union, shall ensure and declare that the products in question are in conformity with the type described in the EC type-examination certificate and satisfy the relevant requirements of this certificate. royal decree. The manufacturer shall affix the CE marking to each product and make a written declaration of conformity (see Annex XV).

2. The manufacturer shall take all necessary measures to ensure that the construction process ensures the conformity of the products manufactured with the type described in the EC type-examination certificate and with the relevant requirements of this real decree.

3. The manufacturer or his authorised representative shall keep a copy of the declaration of conformity for a period of at least 10 years from the last date of manufacture of the product.

Where neither the manufacturer nor his authorised representative is established in the EU, the obligation to keep the technical documentation available shall be the responsibility of the person responsible for placing the product on the market in the EU. (see Annex XIII).

4. With regard to the assessment of conformity with the exhaust emission requirements of this royal decree and in case the manufacturer does not apply a quality system as described in Annex XII, a body Notified by the manufacturer may carry out or have carried out product inspections at random intervals. If the quality level is unsatisfactory or if it is considered necessary to verify the validity of the data submitted by the manufacturer, the following procedure shall be used:

An engine shall be taken from the series and shall be subjected to the test described in Part B of Annex I. The engines to be tested shall be rolled, partially or completely, in accordance with the manufacturer's specifications. If the specific exhaust emissions of the engine taken from the series exceed the limit values in accordance with Part B of Annex I, the manufacturer may request that measurements be made in a sample of engines taken from the series which include the engine that was initially taken. In order to ensure the conformity of the engine sample defined with the requirements of this royal decree, the statistical method described in Annex XVII shall be applied.

ANNEX IX

Production Quality Assurance (Module D)

1. The manufacturer who fulfils the obligations of paragraph 2 shall ensure and declare that the products concerned are in conformity with the type described in the EC type-examination certificate and satisfy the relevant requirements of this royal decree. The manufacturer or his authorised representative established in the European Union shall affix the CE marking to each product and make a written declaration of conformity (see Annex XV). The CE marking shall be accompanied by the identification number of the notified body responsible for the surveillance referred to in paragraph 4.

2. The manufacturer shall apply an approved quality system for the production, inspection of finished products and tests in accordance with paragraph 3, and shall be subject to the surveillance referred to in paragraph 3. paragraph 4.

3. Quality System:

(a) For the products concerned, the manufacturer shall submit an application for the assessment of his quality system to a notified body which he shall choose.

This application shall include all significant information according to the category of products concerned, the documentation on the quality system and the technical documentation of the approved type, as well as a copy of the certificate of 'EC type' examination (see Annex XIII).

(b) The quality system shall ensure the conformity of the products (with the type described in the EC type-examination certificate) and with the relevant requirements of this royal decree.

All elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner, in the form of written measures, procedures and instructions. The documentation of the quality system shall allow for a uniform interpretation of the programmes, the plan, the manuals and the quality records.

In particular, it shall contain an appropriate description of: the quality objectives, the organisation chart, the responsibilities and the powers of the management staff in relation to the quality of the products; processes and systematic procedures to be applied to the manufacture, quality control and quality assurance; the examinations and tests to be carried out before, during and after manufacture, as well as the frequency with which they are perform; quality records such as inspection reports and test data, calibration, reports on the qualification of the staff concerned, etc.; means to monitor the achievement of the required quality of the products and the effective functioning of the quality system.

(c) The notified body shall evaluate the quality system to determine whether it satisfies the requirements referred to in paragraph 3.b. it shall presume compliance with these requirements with regard to the quality systems that apply. the relevant harmonised standards.

The audit team shall have at least one member who has experience in the assessment of the technology of the product concerned. The assessment procedure shall include an inspection visit to the manufacturer's premises.

The notified body shall communicate its decision to the manufacturer. Such communication shall contain the findings of the examination and a reasoned assessment decision.

(d) The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it in such a way as to continue to be appropriate and effective.

The manufacturer, or its authorised representative, shall keep the notified body that has approved the quality system informed of any planned update of the quality system.

The notified body shall assess the proposed amendments and decide whether the modified quality system will continue to meet the requirements referred to in paragraph 3.b), or whether a new assessment is necessary.

The notified body shall communicate its decision to the manufacturer. Such communication shall contain the findings of the examination and a reasoned assessment decision.

4. Surveillance under the responsibility of the notified body:

(a) The purpose of the surveillance is to ensure that the manufacturer duly fulfils the obligations imposed on him by the approved quality system.

(b) The manufacturer shall allow access by the notified body to the places of manufacture, inspection and testing, as well as storage, for inspection purposes, and shall provide it with all the necessary information; in particular: the documentation on the quality system, the quality records, such as inspection reports and data on the tests, the calibration data, the reports on the qualification of the staff, etc.

(c) The notified body shall carry out periodic audits to ensure that the manufacturer maintains and applies the quality system, and shall provide the manufacturer's reports.

(d) In addition, the body may carry out inspection visits to the manufacturer without prior notice. During such visits, the notified body may carry out or carry out tests in order to verify, if deemed necessary, the proper functioning of the quality system. It shall submit to the manufacturer an inspection report and a test report if it has been carried out.

5. The manufacturer shall, for a period of at least 10 years from the last date of manufacture of the product, have at the disposal of the maritime administration the documentation referred to in the second subparagraph of paragraph 3 (a). updates referred to in the second subparagraph of paragraph 3.d); the decisions and reports of the notified body referred to in the last subparagraph of paragraph 3.d), and paragraphs 4 (c) and 4.d).

6. Each notified body shall communicate to the other notified bodies the relevant information concerning the approvals of the quality systems granted and withdrawn.

ANNEX X

Verifying products (Module F)

1. This module describes the procedure by which the manufacturer or his authorised representative established in the European Union checks and declares that the products subject to paragraph 3 are in conformity with the type described in the 'EC type' examination certificate and meet the applicable requirements of this royal decree.

2. The manufacturer shall take all necessary measures to ensure that the manufacturing process ensures the conformity of the products with the type described in the EC type-examination certificate and with the applicable requirements of this royal decree. It shall affix the CE marking to each product and draw up a declaration of conformity (see Annex XV).

3. The notified body shall carry out the appropriate examinations and tests to verify the conformity of the product with the requirements of this royal decree, either by examination and testing of each product, as specified in paragraph 5, applying a statistical procedure for examining and testing the products as detailed in paragraph 6, at the choice of the manufacturer.

4. The manufacturer or his authorised representative established in the EU shall keep a copy of the declaration of conformity for a period of at least 10 years from the last date of manufacture of the product.

5. Verification by examination and testing of each product:

(a) All products shall be individually examined and appropriate tests shall be carried out in accordance with the relevant standard or standards referred to in Article 4.2, or equivalent tests shall be carried out to verify their compliance with the type described in the "EC type" examination certificate and with the applicable requirements of this royal decree.

(b) The notified body shall affix or affix its identification number to each approved product and draw up a certificate of conformity for the tests carried out.

(c) The manufacturer or his authorised representative must be in a position to present the certificates of conformity of the notified body in case they are required.

6. Statistical verification:

(a) The manufacturer shall present its products in the form of homogeneous lots and shall take all necessary steps to ensure that the manufacturing process ensures the homogeneity of each batch produced.

(b) All products must be available for verification in the form of homogeneous lots. A random sample of each batch will be extracted. The products in the lot shall be examined one by one and the appropriate tests shall be carried out in accordance with the relevant standard or standards referred to in Article 4.2 or equivalent tests for the purpose of ensuring compliance with the requirements. relevant requirements of this royal decree and determine whether the lot should be accepted or rejected.

(c) The statistical procedure shall consist of the following elements: the statistical method to be used and the sampling plan with its operational characteristics.

For the assessment of compliance with exhaust emission requirements, the procedure set out in Annex XVII shall apply.

(d) In the case of accepted lots, the notified body shall affix or affix its identification number to each product and draw up a written certificate of conformity for the tests carried out. All products in the lot may be placed on the market, except for those products which have not been satisfied.

If a lot is rejected, the notified body or the competent authority shall take the necessary measures to prevent the marketing of the lot in question. Where a large number of lots is rejected, the notified body may suspend the statistical verification.

The manufacturer may place, under the responsibility of the notified body, the latter's identification number during the manufacturing process.

e) The manufacturer or his authorised representative must be in a position to present the certificates of conformity of the notified body, if required.

ANNEX XI

Verification by Units (Module G)

1. This module describes the procedure by which the manufacturer ensures and declares that the product concerned, which has obtained the certificate referred to in paragraph 2, complies with the relevant requirements of this royal decree. The manufacturer or his authorised representative established in the European Union shall affix the CE marking to each product and draw up a declaration of conformity.

2. The notified body shall examine each product separately and carry out appropriate tests in accordance with the applicable standard or rules referred to in Article 4.2 or equivalent tests, in order to ensure that the product is compliant. with the relevant requirements of this royal decree.

The notified body shall affix or place its identification number on the approved product and draw up a certificate of conformity concerning the tests carried out.

3. The technical documentation shall aim to enable the conformity of the product to be assessed with the requirements of this royal decree, as well as the understanding of its design, manufacture and operation (see Annex XIII).

ANNEX XII

Total Quality Assurance (Module H)

1. This module describes the procedure by which the manufacturer who fulfils the obligations laid down in paragraph 2 ensures and declares that the products in question meet the relevant requirements of this royal decree. The manufacturer or his authorised representative established in the European Union shall affix the CE marking to each product and draw up a written declaration of conformity. The CE marking shall be accompanied by the identification number of the notified body responsible for the surveillance referred to in paragraph 4.

2. The manufacturer shall apply an approved quality system for the design, manufacture as well as the final inspection and testing of the product, as specified in paragraph 3, and shall be subject to the surveillance referred to in paragraph 4.

3. Quality System:

(a) The manufacturer shall submit an application for the assessment of his quality system to a notified body, which shall include all relevant information for the category of products concerned, as well as the documentation on the quality system.

b) The quality system will ensure the conformity of the products with the requirements of this royal decree that apply to them.

All elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner, in the form of written measures, procedures and instructions. This documentation of the quality system will make it possible to understand the quality measures and procedures, such as programmes, manual plans and quality dossiers.

In particular, such documentation shall include an appropriate description of: the quality objectives and the organisation chart, as well as the responsibilities and powers of the management staff as regards the quality of the design and the the products; the technical specifications of the design, including the standards, to be applied, and where the standards referred to in Article 4.2 are not to be applied in full, the means to be used to ensure compliance of the basic requirements applicable to products; techniques, processes and activities systematic control and verification of the design to be applied when designing the products of the category of products concerned; the corresponding manufacturing techniques, processes and systematic activities, quality control and warranty quality; the tests and tests to be carried out before, during and after manufacture, as well as their frequency; the quality records, such as inspection reports and test data, the calibration data; reports on the qualifications of the staff concerned, etc.; the means to monitor the obtaining the required quality of design and products, as well as the effective functioning of the quality system.

c) The notified body shall evaluate the quality system to determine whether it complies with the requirements referred to in paragraph 3.b), it shall of course comply with those requirements in the case of quality systems which develop the relevant harmonised standards (EN 29001).

The team of auditors shall have at least one member who has experience as an advisor to the technology of the products concerned. The assessment procedure shall include an inspection visit to the manufacturer's premises.

The decision will be notified to the manufacturer. The notification to the manufacturer shall include the findings of the examination and the reasoned assessment decision.

(d) The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it in such a way as to continue to be appropriate and effective.

The manufacturer or his authorised representative shall keep the notified body that has approved the quality system informed of any project for the adaptation of the latter.

The notified body shall assess the proposed amendments and decide whether the modified quality system still complies with the requirements referred to in paragraph 3.b) or whether a new assessment is required.

The notified body shall notify the manufacturer of its decision. This notification shall include the findings of the examination and the reasoned assessment decision.

4. 'EC' surveillance under the responsibility of the notified body:

(a) The purpose of the surveillance is to ensure that the manufacturer duly fulfils the obligations arising from the approved quality system.

(b) The manufacturer shall allow the notified body access, for inspection purposes, to its design, manufacturing, inspection and testing facilities, as well as storage, and shall provide it with all the necessary information, in (a) the quality system; the quality records provided for in the quality system part of the design, such as the results of the analyses, calculations, tests, etc.; the quality records which are to be obtained from the quality system; are foreseen in the part of the quality system for manufacturing, such as the reports for inspection and testing data, calibration data, the qualification reports of the staff concerned, etc.

(c) The notified body shall carry out periodic audits to ensure that the manufacturer maintains and applies the quality system and shall submit an audit report to the manufacturer.

(d) In addition, the notified body may carry out inspection visits to the manufacturer without prior notice. In the course of such visits, the notified body may carry out or carry out tests to verify, where necessary, the proper functioning of the quality system. That body shall provide the manufacturer with an inspection report and a report on the tests where the tests have been carried out.

5. The manufacturer shall have at the disposal of the national authorities, for a period of at least 10 years from the last date of manufacture, the documentation referred to in the third subparagraph of paragraph 3 (b); the adaptations referred to in that the second subparagraph of paragraph 3.d); the decisions and reports of the accredited bodies referred to in the last subparagraph of paragraph 3.d) and in paragraphs 4 (c) and 4 (d).

6. Each notified body shall communicate to the other accredited bodies the relevant information concerning quality system approvals issued or withdrawn.

ANNEX XIII

Technical documentation to be submitted by the manufacturer

The technical documentation referred to in Annexes V, VII, VIII, IX, XI and XVI shall include all relevant data or means used by the manufacturer to ensure the conformity of the components or vessels with the applicable basic requirements.

The technical documentation shall allow for the understanding of the design, manufacture and operation of the product, as well as the assessment of its conformity with the requirements of this royal decree.

To the extent necessary for the assessment, the documentation shall contain a general description of the type; drawings of the design and manufacture and schemes of the components, subassemblies, circuits, etc.; descriptions and explanations necessary for the understanding of such drawings and schemes and the operation of the product; a list of the rules referred to in Article 4.2, applied in part or in full, as well as the descriptions of the solutions adopted to meet the basic requirements in the event that the standards referred to in Article 4.2; the results of the design calculations carried out, the examinations carried out, etc.; the reports of the tests or calculations, in particular of stability in accordance with paragraph 3.2 and those of buoyancy with pursuant to point 3.3 of the basic requirements (Part A of Annex I); the reports of the exhaust emission tests demonstrating compliance with paragraph 2 of the basic requirements (Annex I, Part B); the test reports on sound emissions or data relating to the reference vessel showing the compliance with paragraph 1 of the basic requirements (Part C of Annex I).

ANNEX XIV

Minimum criteria to be taken into account for notification of organisms

1. The body, its director and the staff responsible for carrying out the tests may not be the designer, the manufacturer, the supplier or the installer of the products referred to in Article 2 which they inspect, or the authorised representative of any of them. They may not intervene directly or as representatives in the design, construction, marketing or maintenance of such products. This does not preclude the possibility of an exchange of technical data between the manufacturer and the body.

2. The notified body shall be independent and shall not be subject to control by manufacturers or suppliers.

3. The body and the staff responsible for monitoring must carry out the tests with the greatest professional integrity and the greatest technical competence, and must be free from any pressure or incentive, especially in the economic order, which may influence their judgment or the results of their inspection, in particular those arising from persons or groups of persons interested in the results of the checks.

4. The body must have sufficient qualified staff and the necessary means to carry out the technical and administrative tasks relating to the performance of the checks in an appropriate manner; it must also have access to the material required for exceptional checks.

5. The staff responsible for the checks must have: good technical and professional training; satisfactory knowledge of the provisions relating to the tests carried out and a sufficient practice of such tests; to draw up the certificates, minutes and reports necessary to record the tests carried out.

6. The independence of the staff responsible for monitoring must be ensured. The remuneration of each staff member shall not depend on the number of tests carried out or on the results of such tests.

7. The body must take out civil liability insurance to cover liability for any damage that may arise from the action of that body.

8. The staff of the body shall be obliged to keep the professional secrecy on all the information to which it agrees in the exercise of its functions (except in respect of the maritime administration), as provided in this royal decree or any other disposition to develop it.

ANNEX XV

Written Declaration of Compliance

1. The written declaration in accordance with the provisions of this royal decree must always accompany:

(a) The recreational craft and the nautical bike and shall be attached to the owner's manual (paragraph 2.5 of Part A of Annex I).

(b) The components referred to in Annex II.

(c) To propulsion engines and shall be attached to the owner's manual (Annex I, Part B, paragraph 4).

2. The written declaration of conformity shall include the following data and be drawn up in accordance with the provisions of paragraph 2.5 of Annex I:

(a) Name, social reason and full address of the manufacturer or his authorised representative established in the EU. In the case of authorised representative, the authorised representative must also include the manufacturer's social reason and address.

b) Description of the product as defined in paragraph 1, including mark, type and serial number where applicable.

(c) References to the relevant harmonised standards used or references to the specifications for which conformity is declared.

d) References to other applied rules, if any.

e) The reference to the "EC type" examination certificate issued by a notified body, if applicable.

f) The name and address of the notified body, if any.

g) Identification of the person empowered to sign on behalf of the manufacturer or his authorised representative established in the European Union.

3. In the case of non-exhaust or integrated non-exhaust propulsion engines and engines approved in accordance with Annex I to Order CTE/1612/2002 of 25 June 2002, the declaration of conformity shall include, in addition to the information provided by the Commission, In paragraph 2, a manufacturer's declaration that the engine shall meet the exhaust emission requirements of this royal decree once installed on a recreational craft, in accordance with the instructions provided by the manufacturer, and that the engine may not be put into service until the recreational craft in which it is to be installed is declared as necessary, if necessary, with the relevant provision of this royal decree.

ANNEX XVI

Product Quality Assurance (Module E)

1. This module describes the procedure whereby the manufacturer who fulfils the obligations of paragraph 2 shall ensure and declare that the products in question are in conformity with the type described in the EC type-examination certificate and satisfy the requirements of the requirements of this royal decree to apply to them. The manufacturer or his authorised representative established in the European Union shall affix the CE marking to each product and make a written declaration of conformity. The 'CE marking' shall be accompanied by the identification symbol of the notified body responsible for the surveillance referred to in paragraph 4.

2. The manufacturer shall apply an approved quality system for the inspection of the finished products and the performance of the tests in accordance with paragraph 3 and shall be subject to the surveillance referred to in paragraph 4.

3. Quality System:

(a) For the products concerned, the manufacturer shall submit an application for the assessment of his quality system to the notified body of his choice.

(b) This application shall include: all relevant information concerning the product group concerned; the documentation relating to the quality system; the technical documentation of the approved type and a copy of the 'EC type' examination certificate, if applicable.

(c) In accordance with the quality system, each product must be examined and the tests carried out as described in the relevant standard or standards referred to in Article 4.2, or equivalent tests for the purpose, must be carried out. to ensure compliance with the relevant requirements of this royal decree. All elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner, in the form of written measures, procedures and instructions. The quality system documentation shall allow for a uniform interpretation of the quality programmes, plans, manuals and dossiers.

In particular, it must contain an appropriate description of: the quality objectives as well as the organisation chart, the responsibilities and the responsibilities of the management staff in relation to the quality of the products; tests to be carried out after manufacture; means to monitor the effective functioning of the quality system; quality records, such as inspection reports and test data, calibration data, reports on the quality of the test; qualification of the relevant staff, etc.

(d) The notified body shall evaluate the quality system to determine whether it meets the requirements referred to in paragraph 3.b.)

That body shall presume compliance with these requirements with regard to the quality systems that apply the relevant harmonised standard.

The audit team shall have at least one member who has experience in the assessment of the relevant product technology. The assessment procedure shall include an inspection visit to the premises of the manufacturer.

The decision must be notified to the manufacturer. The notification shall include the findings of the examination and the reasoned assessment decision.

e) The manufacturer shall undertake to comply with the obligations arising from the quality system as approved and to maintain it in a manner that continues to be appropriate and effective.

The manufacturer or his authorised representative shall keep the notified body that has approved the quality system informed of any planned update of the quality system.

The notified body shall assess the proposed amendments and decide whether the modified quality system will continue to comply with the requirements referred to in paragraph 3.b), or whether a new assessment is necessary.

You must notify the manufacturer of your decision. The notification shall include the findings of the examination and the reasoned assessment decision.

4. Surveillance under the responsibility of the notified body:

(a) The purpose of the surveillance is to ensure that the manufacturer duly fulfils the obligations imposed on him by the approved quality system.

(b) The manufacturer shall allow access to the manufacturing, testing and storage sites for the notified body for inspection purposes and shall provide it with all the necessary information, in particular: on the quality system; the technical documentation; quality records, such as inspection reports and data on tests, calibration data, reports on the qualification of the relevant staff, etc.

(c) The notified body shall carry out periodic audits to ensure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with the relevant report.

(d) In addition, the notified body may carry out inspection visits to the manufacturer without prior notice. During such visits, the notified body may carry out or request tests to verify, if deemed necessary, the proper functioning of the quality system. It shall submit to the manufacturer a report of the visit and, in the event of a test, the relevant report.

5. The manufacturer shall keep at the disposal of the maritime administration for a period of at least 10 years from the last date of manufacture of the product: the documentation referred to in the technical documentation of the approved type and a copy of the 'EC type' examination certificate referred to in paragraph 3.b); the updates referred to in the second subparagraph of paragraph 3.d), the decisions and reports of the notified body referred to in the last subparagraph of paragraph 3 (d). 3.d) and paragraphs 4.c) and 4.d).

6. Each notified body shall communicate to the other notified bodies the relevant information concerning the approvals of the quality systems granted and withdrawn.

ANNEX XVII

Assessment of the conformity of production with respect to noise and exhaust emissions

1. For the verification of the conformity of an engine family, a sample of engines of the series shall be taken. The manufacturer shall decide the size (n) of the sample, in accordance with the notified body.

2. The arithmetic mean X of the results obtained from the sample shall be calculated for each regulated component of the sound emission and exhaust emission. The production of the series must be considered to conform to the requirements ("approval decision") if the following conditions are met:

X + k. S ≤ L

S is standard deviation, where:

S² = (x-X)²/(n-1)

X = the arithmetic average of the results

x = the individual results of the sample

L = the corresponding limit value

n = the number of engines in the sample

k = n-dependent statistical factor (see table)

	2	3	4	5	6	7	8	9	10
K	0.613		0.489	0.421	0.489	0.376	0.342	0.317	0.296	0.279
	N	11	12	13	14	15	16	17	18
	0.265	0.253	0.242	0.233	0.224	0.210	0.203	0.198	0.198

If n ≤ 20 then k = 0,860 /urn

ANNEX XVIII

Harmonised UNE Rules Relationship

The harmonised UNE standards within the scope of this Royal Decree are as follows:

	Title
UNE-EN ISO 6185-1:2002.	Pneumatic vessels. Part 1: vessels with a maximum power engine of 4,5 kW (ISO 6185-1:2001)
UNE-EN ISO 6185-2:2002.	pneumatic vessels. Part 2: vessels with a maximum power engine of 4,5 kW, at 15 kW, both inclusive (ISO 6185-2:2001)
	EN ISO 6185-3:2002.	Pneumatic Embarations. Part 3: vessels with a maximum power engine of 1 5 kW and above (ISO 6185-3:2001)
UNE-EN ISO 7840 /1M: 2001.	recreation. Fire-resistant hoses for fuels (ISO 7840:1994)
UNE-EN ISO 8099:2001.	Recreational ships. Sanitary facility waste retention systems (toilets) (ISO 8099:2000)
UNE-EN ISO 8469 /1M: 2001.	Recreational ships. Non-fire-resistant hoses for fuels (ISO 8469:1994)
UNE-EN ISO 8665 /1M: 2001.	Recreational ships. Engines and marine propulsion systems. Power measurement and declaration (ISO 8665:1994)
UNE-EN ISO 9093-1:1998.	Recreational ships. Background taps and pasacascos. Part 1: Metal (ISO 9093-1:1994)
UNE-EN ISO 9097 /1M: 2001.	Recreational ships. Electric fans (ISO 9097:1991)
UNE-EN ISO 10087 /1M: 2001.	Recreational ships. Identification of helmets. Coding systems (ISO 10087:1990).
UNE-EN ISO 10088:2002.	Recreational ships. Permanently installed fuel systems and fixed fuel tanks (ISO 10088:2001)
UNE-EN ISO 10133:2001	The European Electrical systems. Current installations at very low voltage (ISO 10133:2000)
UNE-EN ISO 10239:2001.	Recreational ships. Liquefied petroleum gas (LPG) systems (ISO 10239:2000)
UNE-EN ISO 10240:1996.	Minor vessels. Owner's Manual (ISO 10240:1995).
UNE-EN ISO 10592 /1M: 2001.	Recreational ships. Government hydraulic systems (ISO 10592:1994)
UNE-EN ISO 11105:1997.	Minor ships. Ventilation of the petrol engine rooms and/or compartments for petrol tanks (ISO 11105:1997)
UNE-EN ISO 11547/A1:2001.	Recreational Embarations. Gear-up protection devices with gear gear (ISO 11547:1994)
UNE-EN ISO 11591:2001.	Motor recreation ships. Field of view from the position of the rudder (ISO 11591:2000).
UNE-EN ISO 11592:2002.	Less than eight metre length recreational craft Determination of the maximum rated propulsion power (ISO 11592:2001)
UNE-EN ISO 11812:2002.	Small ships. Watertight tubs and fast-flush tubs (ISO 11812:2001)
UNE-EN ISO 12215 -1:2001.	Recreational ships. Construction of hulls and armchairs. Part 1: Materials: thermosetting resins, fiberglass reinforcements, reference laminate (ISO 12215 -1:2000)
UNE-EN ISO 12215 -2:2003.	Recreational Embarations. Construction of hulls and armchairs. Part 2: Materials: filler materials for sandwich-type constructions, embedded materials (ISO 12215 -2:2002)
UNE-EN ISO 12215 -3:2003.	Recreational Embarations. Construction of hulls and armchairs. Part 3: Materials: steel, aluminum alloys, wood and other materials (ISO 12215 -3:2002)
UNE-EN ISO 12215 -4:2003.	recreation. Construction of hulls and armchairs. Part 4: Construction or manufacturing workshops (ISO 12215 -4:2002)
UNE-EN ISO 12216:2003.	Recreational ships. Windows, ox eyes, hatches, deck lights and doors. Resistance and tightness requirements (ISO 12216:2002).
UNE-EN ISO 12217-1:2002.	Recreational ships. Assessment and classification of stability. Part 1. Non-sailing vessels of length equal to or less than six metres (ISO 12217-1:2002)
UNE-EN ISO 12217-2:2002.	recreation. Assessment and classification of stability and buoyancy. Part 2. Sailing-propelled vessels of length equal to or less than six metres (ISO 12217-2:2002)
UNE-EN ISO 12217-3:2003.	Embarks The European Assessment and classification of stability and buoyancy. Part 3. Vessels of less than six metres in length (ISO 12217-3:2002)
UNE-EN ISO 13297:2001.	Recreational ships. Electrical systems. AC installations (ISO 13297:2000)
UNE-EN ISO 13929:2001.	Recreational ships. Mechanism of government. Gear transmission systems (ISO 13929:2001)
UNE-EN ISO 14946:2002.	Recreational ships. Maximum load capacity (ISO 14946:2001).
UNE-EN ISO 15584:2001.	Recreational ships. Untraborda petrol engines. Engine-mounted fuel and electrical components (ISO 15584:2001)
28846 /1M: 2001.	Recreational ships. Electrical equipment. Protection against inflammation of flammable gaseous environments (ISO 8846:1990)
28847:1992.	Minor vessels. Government mechanisms. Metallic cable and pulley systems (official version in 28847:1989) (ISO 8847:1987)
28848 /1M: 2001.	Recreational ships. Remote governance mechanisms (ISO 8848:1990)
28849 /1M: 2001.	Recreational ships. Power-driven bilge pumps (ISO 8849:1990)
UNE-EN ISO 29775 /1M: 2001.	Recreational ships. Remote governance mechanisms for single engines outboard power between 15 kW and 40 kW (ISO 9775:1990)
UNE-EN ISO 8666:2002.		UNE-EN ISO 15085:2003.
Prevention of men from falling overboard and upload on board.
UNE-EN ISO 9093-2:2002	Valves sea water intake and accessories that pass through the hull. Part 2: non-metallic.
UNE-EN ISO 15083:2003.	Sentine pumping systems
UNE-EN ISO 15084:2003.	Fondon, mooring, and trailer. Tie points
UNE-EN ISO 16147:2002.	Intraborda diesel engines. Fuel and electrical components mounted on the engine
UNE-EN ISO 9094-1:2003.	Fire protection. Part 1: vessels of less than or equal to 15 m
UNE-EN ISO 14895:2003.	Kitchen Hornillos powered by liquid fuel.
60092-507:2000.	Power installations of the ships. Part 507: recreational craft (IEC 60092-507:2000)