Directive 94 /25/EC of the European Parliament and of the Council of 16 June on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft, adopted for the harmonization of the various national laws in this field with the aim of eliminating obstacles to trade and the unequal conditions of competition in 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 certain components of the same with effect on the safety of navigation. It also regulates 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 regulates the requirements, characteristics and conditions of the CE marking of such products.

On the other hand, Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy, establishes, in its article 6, the consideration of Marina Mercante of the activities of management and control of the Spanish civil fleet, of maritime safety, safety of navigation and human life at sea, technical and operational inspection of ships and the protection of the marine environment; and it recognises, in Article 74, between the objectives of the Merchant Marine policy in the framework of the powers assigned to the General Administration of the State in Article 149.1 of the Constitution, the protection of maritime safety, navigation and human life at sea, and protection of the marine environment. In addition, Article 86.5 of the aforementioned Law establishes the competence of the Ministry of Public Works for the ordination and execution of inspections and technical, safety and pollution prevention controls, of Spanish vessels, and includes in the the scope of such management and inspection the approvals and approvals of the equipment and elements of the ship; finally, the specified article provides for the possibility that the effective implementation of the inspections and controls above to be carried out through collaborative entities in the terms that they regulate establish.

Consequently, it is necessary to adapt the Spanish legislation to the provisions of the aforementioned Directi va 94 /25/EC and to regulate the safety requirements for the design and construction of the pleasure boats, the boats of semi-finished recreation and its components, as well as the placing on the market and putting into service of such products.

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 February 27, 1998,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. Object.

1. The purpose of this Royal Decree is to determine the safety requirements for the design and construction of recreational craft, semi-finished recreational craft and the components referred to in the Article next, for marketing and putting into service in Spain.

2. The regulation which is the subject of this Royal Decree shall be without prejudice to the rules governing navigation in certain waters in order to protect the environment and the structure of the waterways and to ensure the safety of the waterways, provided that it does not require modification of the vessels that comply with this Royal Decree.

Article 2. Scope.

1. The scope of the Royal Decree covers the following products:

(a) Recreational craft, with such effect as those of any kind, irrespective of their means of propulsion, having a hull length of between 2,5 and 24 metres, measured in accordance with the rules Harmonised applicable and projected for sporting or recreational purposes. These classes of vessels are also subject to this Royal Decree in cases where they may be used for chartering purposes or for recreational boating training, provided that they have been marketed for recreational purposes.

(b) Semi-finished pleasure craft, with the same limits as set out in the previous paragraph.

(c) The components listed in Annex II, whether they are released or are installed.

2. They are excluded from the scope of this Royal Decree:

(a) Ships intended exclusively for regattas, including rowing boats and rowing training vessels, known as the builder.

b) Canoes and kayaks, gondolas and pedals.

c) The sailing tables.

d) The "surf" boards with motor, individual boats and other similar mills, with motor.

e) The old boats and their reproductions designed before 1950, reconstructed essentially with the original materials and thus named by the builder.

(f) Experimental vessels, provided that they are not subsequently placed on the Community market.

g) Ships constructed for personal use, provided that they are not subsequently placed on the Community market for a period of five years.

(h) Ships specifically intended to be manned and to carry passengers for commercial purposes, without prejudice to the provisions of paragraph 1 of this Article; and inland waterway vessels, with independence of the number of passengers.

i) The submersibles.

j) Vehicles with air mattress.

k) Hydrogliders.

Article 3. Requirements for the placing on the market and putting into service in Spain of pleasure boats and their components. 1. For marketing and commissioning in Spain, recreational craft and the components included in the scope of this Royal Decree must meet the basic safety requirements for design and construction. are set out in Annex I.

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

3. May be placed on the market and put into service in Spain, and shall be deemed to comply with the basic safety requirements referred to in paragraph 1 above:

(a) Recreational craft bearing the "EC" conformity marking referred to in Article 7, provided that they have a written declaration of conformity made by the manufacturer or his authorised representative established in the European Union, according to Annex XV.

(b) Semi-finished pleasure craft, when accompanied by a written declaration of conformity made by the manufacturer, his authorised representative established in the European Union, or the person responsible for his/her placing on the market, stating that the vessel concerned is intended to be completed by a third party, as referred to in paragraph (a) of Annex III.

(c) The components covered by this Royal Decree bearing the "CE" marking referred to in Annex IV, where those components are intended to be incorporated into the recreational craft referred to in that Annex. precept, provided that they accompany the written declaration of conformity 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 who markets the component on the Community market, according to paragraph (b) of Annex III.

4. Where the products falling within the scope of this Royal Decree apply to them other regulatory standards in respect of other aspects in which the affixing of the CE marking is also available, the latter shall indicate that the products comply with this Regulation. also the relevant provisions of those other rules.

5. Where the products falling within the scope of this Royal Decree are presented at trade fairs, exhibitions, demonstrations, etc., and do not comply with the requirements laid down therein, they must have a visible sign indicating clearly that they cannot be placed on the market or put into service in Spain until their conformity is established.

Article 4. Limitations on the marketing and putting into service of the products.

1. The products covered by this Royal Decree shall be placed on the market only and shall be put into service for use in order to ensure that they are not at risk for the safety and health of persons and property, or for the environment if they have been built and maintained correctly.

2. Where it is found that a vessel or component subject to this Royal Decree, marked 'EC', is still correctly constructed, installed, maintained and used in accordance with its intended purpose, it may endanger security and health of persons, property or the environment, the Directorate General of the Merchant Navy shall take the necessary precautionary measures to ensure that the said product is withdrawn from the market or prohibited or restricted to placing it on the market. The European Commission shall be informed immediately of such measures.

3. Where it is found that a product subject to this Royal Decree bears the "CE" marking without complying with the basic requirements of conformity, the Maritime Administration shall adopt the sanction resolution corresponding to the provisions of the Title IV of Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy, being informed by the Commission and the other Member States of the European Union.

CHAPTER II

Compliance Assessment

Article 5. Procedures for conformity assessment.

Before producing and marketing the products covered by this Royal Decree, the manufacturer or his authorised representative established in the European Union must complete the following evaluation procedures conformity, according to the category of design of the vessels referred to in paragraph 1 of Annex I:

1. For categories A and B:

(a) Vessels less than 12 metres in length: Annex VI, "Internal production control, more tests" (module A).

b) Boarding between 12 and 24 metres of hull length: one of the following:

1.o Annex VII, "EC" type "examination" (module B); followed by Annex VIII, "Conformity with type" (module C).

2.o Annex VII, "EC" type "examination" (module B); and Annex IX, "Production quality assurance" (module D).

3.o Annex VII, "EC" type "examination" (module B); and Annex X, "Product verification" (module F).

4.o Annex XI, "Verification by Units" (module G).

5.o Annex XII, "Total quality assurance" (module H).

2. For category C:

a) Embarations between 2.5 and 12 meters of hull length:

1.o If the harmonised standards relating to points 3.2 ("Stability and freeboard") and 3.3 ("Flotability") are met : Annex V, 'Internal production control' (module A).

2.o If the specified harmonised standards are not met: Annex VI, "Internal production control plus tests" (module A).

b) Boarding between 12 and 24 metres of hull length: one of the following:

1.o Annex VII, "EC" type "examination" (module B); followed by Annex VIII, "Conformity with type" (module C).

2.o Annex VII, "EC" type "examination" (module B); and Annex IX, "Production quality assurance" (module D).

3.o Annex VII, "EC" type "examination" (module B); and Annex X, "Product verification" (module F).

4.o Annex XI, "Verification by Units" (module G).

5.o Annex XII, "Total quality assurance" (module H).

3. For category D: vessels between 2,5 and 24 metres in length of hull: Annex V, 'Internal production control' (module A).

4. For components, one of the following procedures:

Annex VII, "Type" EC "examination" (module B); followed by Annex VIII, "Type-conformity" (module C).

Annex VII, "EC" type "examination" (module B); and nexus IX, "Production quality assurance" (module D).

Annex VII, "EC" type "examination" (module B); and Annex X, "Product verification" (module F).

Annex XI, "Verification by Units" (module G).

Annex XII, "Total Quality Assurance" (Module H).

Article 6. Bodies responsible for conformity assessment procedures.

To perform specific tasks in the tasks corresponding to the conformity assessment procedures referred to in the previous article, the General Directorate of the Merchant Navy, under the terms of the Article 86.5 of the Law of Ports of the State and of the Merchant Navy, shall designate the competent bodies, after accreditation of the criteria laid down in Annex XIV. The European Commission shall be notified of such designations for publication in the list of notified bodies.

It will be an essential condition for the validity of the authorization granted to these agencies the fulfilment at all times of the requirements and conditions that were required for their granting. Failure by such bodies to comply with any such requirements or conditions shall result in the invalidity of the authorisation, immediately informing the Commission and the other Member States of the European Union of the decision. corresponding.

CHAPTER III

CE Conformity Marking

Article 7. Requirements, characteristics and conditions of the CE marking.

1. All products considered to be in conformity with the basic safety requirements for the design and construction of recreational craft, regulated in Article 2 of this Royal Decree, must be carried out at the time of their marketing. 'EC' conformity marking.

2. The CE conformity marking, as reproduced in Annex IV, must be visible, legibly and indelibly on the sheet of the builder of the pleasure craft, as set out in paragraph 2.2 of Annex I, and on the components falling within the scope of this Royal Decree and/or its packaging.

CE conformity marking shall be accompanied by the identification number of the notified body responsible for the implementation of the conformity assessment procedures provided for in Annexes VI ("Internal control"). the production plus tests "), IX (" Quality guarantees of production "), X (" Verification of products "), XI (" Verification by units, and XII ("Total quality assurance").

3. In the recreational craft and in the components regulated in this Royal Decree and in their packaging, any other mark may be affixed provided that the visibility and legibility of the CE marking is not reduced.

4. The placing of marks or inscriptions which may mislead third parties in relation to the meaning or graphic design of the CE marking shall be prohibited.

If the affixing of the CE marking is proven, and without prejudice to the application of Article 4 of this Royal Decree, the manufacturer or his authorised representative established in the European Union must put the immediate end to that infringement. In the event that this persists, all precise measures shall be taken to restrict or prohibit the placing on the market of the product or to ensure that the product is withdrawn from the market.

Additional disposition first. Harmonisation of national rules with European standards.

1. For the purposes of Article 3 (2) of this Royal Decree, the national rules adopted in accordance with the European harmonised standards are those listed in Annex XVI.

2. The Minister for Public Works shall regularly publish, duly updated, the list of national rules referred to in the previous paragraph.

Additional provision second. Provisions not applicable to the content of this Royal Decree.

The assumptions included in the scope of this Royal Decree are excepted from the application of the following provisions:

(a) Chapter II of the Regulation adopted by Decree 3384/1971 of 28 October on the revision of the Regulation on the Recognition of Goods and Merchandise.

(b) Articles 13 (1) (a) and 34 to 43 of Royal Decree 1027/1989 of 28 July 1989 on flag-bearer, vessel 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 Application of the International Convention for the Safety of Life at Sea, 1974, and its 1978 Protocol, to merchant vessels and vessels national.

Single transient arrangement. Time limit for placing products on the market.

Products regulated in this Royal Decree manufactured in accordance with the implementing regulations upon their entry into force may be placed on the market and put into service until 16 June 1998.

Single end disposition. Power of regulatory compliance.

The Minister of Public Works is authorized to adapt the technical conditions of this Royal Decree when they are applicable to rules of Community law and to dictate, in the field of their jurisdiction, the provisions of the necessary for the development and implementation of this Royal Decree.

Given in Madrid on February 27, 1998.

JOHN CARLOS R.

The Minister of Development,

RAFAEL ARIAS-SALGADO MONTALVO

ANNEX I

Basic security requirements for the design

and the construction of recreational craft

1. Categories of craft design

Significant Height

of the waves (H 1/3 meters)/Strength of the wind

(Beaufort Scale)/Design Category

Boats designed for navigation:

A. "Ocean"/Over 8/Over 4.

B. "On the high seas"/Up to 8 included/Up to 4 included.

C. "In coastal waters"/Up to 6 inclusive/Up to 2 inclusive.

D. "In protected waters"/Up to 4 inclusive/Up to 0,5 inclusive.

Definitions:

A. Oceanic: boats designed for long journeys in which the winds can overcome force 8 (Beaufort scale) and waves the significant height of 4 meters or more, and which are self-sufficient vessels to a great extent.

B. On the high seas: boats designed for high seas trips where winds of up to force 8 and waves of significant height of up to 4 meters 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 2 meters can be found.

D. In protected waters: boats designed for trips in small lakes, rivers and canals, in which winds of up to strength 4 and waves of significant height of up to 0.5 meters can be found.

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 characteristics of manageability.

2. General requirements

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

1. Hull identification: any vessel shall bear the identification number of the hull, which shall include the following information: the builder's code, the country of construction, a unique serial number, the year of production, the year of the 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 according to paragraph 3.6, number of persons, recommended by the manufacturer, that the vessel is intended to be carried 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 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 360o.

5. Owner's manual: each vessel must have an owner's manual in the official Community language (s) which may be determined in accordance with the provisions of the Treaty by the Member State in which it is placed on the market. 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 relating to integrity

and build features

1. Structure: the materials chosen, their combination and construction shall ensure the necessary firmness of the vessel, in all respects, taking particular account of 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 must be designed in such a way as to provide sufficient buoyancy to remain afloat in an inverted position.

Vessels of less than 6 metres in length shall be equipped with suitable flotation means to be able to float in the event of a massive inflow of water, when used in accordance with their design category.

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 windscreens, 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 travelling on 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 shipwreck.

As appropriate, special attention will be given to the water and the wells, which must be self-achable or to have other means to prevent water from penetrating the vessel, to the ventilation systems, to the achique of the water by means of the water. appropriate pumps or other means.

6. Maximum load recommended by the manufacturer: the load recommended by the manufacturer (fuel, water, provisions, miscellaneous equipment and persons in kilograms), marked on the builder's plate, and for which the vessel has been designed, determine 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 6 metres, shall have one or more sites to stretch one or more life rafts with sufficient capacity for the number of persons recommended by the manufacturer for which the vessel has been designed. This site/s should be easily accessible at all times.

8. Evacuation: any multi-hull vessel of more than 12 metres in length shall be provided with effective means of escape in the event of a rollover.

Every inhabitable vessel must have effective means of evacuation in case of fire.

9. Anchorage, mooring and towing: all craft, taking into account their category of design, shall be fitted with one or more anchorages or other means of anchorage, without prejudice to the safety, anchorage, mooring or towing charges.

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 rules.

5. Requirements for equipment and their installation

1. Engines and engine compartments:

1.o Untraborda motors: any untraborda motor shall be installed inside a closed compartment and isolated from the room area and in such a way as to minimise the danger of fire or fire spreading to the 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.

The insulating materials inside the engine enclosure will be non-combustible.

2.o Ventilation: The engine compartment will be ventilated. Any inlet of water to such compartment shall be prevented by any of the vents.

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

4.o Booting of the outboard engines: any vessel with an outboard engine 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 that allows the thrust to be limited to 500 N at the time of the engine start-up.

2. Fuel:

1.o Generalities: 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.o Fuel deposits: fuel tanks, tubes and pipes shall be firmly fixed and removed 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.

Liquid fuel with a flash point of less than 55 oC shall 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) Isolated from the enablement zone.

Liquid fuel with a flash point equal to or greater than 55 oC 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 circuits powered by batteries except engine start-up, will 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 the 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.o Emergency devices: sailboats and single-engine vessels incorporated with a remote-controlled rudder shall be provided with an emergency means to govern them at 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 appliance shall have an independent closure device. A suitable ventilation system shall be installed to avoid the risks of 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.o Generalities: the danger of fire and spread of fire will be taken into account when installing the equipment and when deciding the internal layout of the vessel. 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.o Fire equipment: vessels shall be equipped with fire equipment appropriate to the risk of fire. The compartments of petrol engines shall be protected by a fire extinguishing system which avoids the need to open the compartment in the event of fire. Portable fire extinguishers shall be placed in easily accessible places and one of them shall be in such a position that it can be reached without difficulty from the main government post 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 dumping: 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 either with deposits or installations which may contain deposits temporarily, in zones or for uses in which there are limitations of the dumping of human organic waste.

In addition, pipes intended for the discharge of human organic waste passing through the hull shall be fitted with valves which can be hermetically closed.

ANNEX II

Components

1. Fire protection in intra-and intra-force engines.

2. A mechanism that prevents the start of the engines from force when any of the gears are engaged.

3. Rudders, steering mechanisms and cable assemblies.

4. Fuel tanks and hoses.

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 EU referred to in Article 3.3.a) (semi-finished vessels) shall include the following data: name and address of the manufacturer; name and the address of the authorised representative established in the Community or, if applicable, of the person responsible for placing the vessel on the market; description of the semi-finished vessel; declaration that the semi-finished vessel is intended for completion by third parties; which meets the basic requirements for that stage of construction.

(b) The statement of the manufacturer, his authorised representative established in the EU or the person responsible for placing the product on the market referred to in Article 3.3.b) (components) shall include the following particulars: name and address of the manufacturer; 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 relevant components; 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 extension of the marking, the proportions as they appear 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 5 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, and of the last two digits of the year in which the CE marking is affixed.

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 EU 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 ten 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 Royal 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:

In one or more of the vessels representative of the manufacturer's production, this or someone on its behalf shall carry out one or more of the following tests, equivalent calculations or controls: test of stability of agreement with paragraph 3.2 of the basic requirements, the buoyancy test in accordance with paragraph 3.3 of the basic requirements.

These tests, calculations or controls must be carried out under the responsibility of a notified body chosen by the manufacturer. The manufacturer shall affix, under the responsibility of the notified body, the identification number of the notified body during the construction process.

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 EU, 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 the Royal Decree. Whenever necessary for such assessment, it shall relate to the design, construction and operation of the product (see Annex XIII).

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) as referred to in Article 3.2, 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 3.2 have not been applied, the solutions adopted by the manufacturer comply with the requirements laid down in Article 2. basic requirements of the 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 the 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 the Royal Decree, the notified body shall issue to the applicant an 'EC type' examination certificate. This certificate shall contain the name and address of the manufacturer, the conclusions of the examination, the conditions of validity of the certificate and 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 application for a type certificate refused, the notified body shall give detailed reasons for its decision.

6. The applicant shall inform the notified body which has the technical documentation concerning the 'EC type' certificate in its possession of any modification of the approved product which is to be approved for further approval when such amendments 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.

(*) A type could 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.

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 EU, ensures and declares 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 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 written in the EC type-examination certificate and with the relevant requirements of the Royal 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).

ANNEX IX

Production Quality Assurance

(Module D)

1. The manufacturer who complies with 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 the Royal Decree. The manufacturer or his authorised representative established in the EU 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 request will include:

-All significant information according to the category of products in question.

-The documentation on the quality system.

-The technical documentation of the approved type and a copy of the "EC type" examination certificate (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.; the 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 conformity with these requirements as regards quality systems which 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 his authorised representative, shall keep the notified body which has approved the quality system informed of any intended action.

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 with the 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 be available to the national authorities for a period of at least 10 years from the last date of manufacture of the product: the documentation referred to in the second indent 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 the products

(Module F) 1. This module describes the procedure by which the manufacturer or his authorised representative established in the EU checks and declares that the products subject to paragraph 3 are in conformity with the type described in the certificate of 'EC type' examination and comply with the applicable requirements of the 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 the 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 the Royal Decree, either by examination and testing of each product, as specified in paragraph 4, either by applying a statistical procedure for examining and testing the products, as detailed in paragraph 5, at the choice of the manufacturer.

3 bis. 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.

4. Verification by examination and testing of each product:

1. 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 3.2

or equivalent tests shall be carried out to verify their conformity with the type described in the 'EC type' examination certificate and with the applicable requirements of this Royal Decree.

2. 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.

3. 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.

5. Statistical verification:

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

2. 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 (s) referred to in Article 9, or equivalent tests, for the purpose of ensuring compliance with them. relevant requirements of this Royal Decree and determine whether the lot should be accepted or rejected.

3. The statistical procedure shall consist of the following elements: the statistical method to be used, the sampling plan with its operational characteristics.

4. 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 of the lot may be marketed except for those products which have failed to comply.

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.

5. 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

Verifying 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 the Royal Decree. The manufacturer or his authorised representative established within the Community 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 3.2 or equivalent tests in order to ensure that the product is compliant. with the relevant requirements of the Royal Decree.

The notified body shall affix or affix its identification number to 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 the 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 whereby the manufacturer who fulfils the obligations laid down in paragraph 2 ensures and declares that the products in question meet the relevant requirements of the Royal Decree. The manufacturer or his authorised representative established in the U. E. 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.

The request will include:

-All relevant information for the category of products concerned.

-The documentation on the quality system.

b) The quality system will ensure the conformity of the products with the requirements of the 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 3.2 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 frequency; the quality records, such as inspection reports and test data, the calibration data; reports on the qualification of the staff concerned, etc.; the means to monitor the procurement of 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 will of course comply with those requirements in the case of quality systems which develop the corresponding 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 audit visit to the premises of the manufacturer.

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 to adapt it.

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

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 out of the approved quality system.

(b) The manufacturer shall allow the notified body access, for audit 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 provided for in the part of the quality system relating to manufacturing, such as inspection and testing data, calibration data, 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 audits without prior notice to the manufacturer. In the course of these tests, 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 audit report as well as the tests where the tests have been carried out.

5. The manufacturer shall be available to the national authorities for a period of at least 10 years from the last date of manufacture: the documentation referred to in the second indent of the second subparagraph of paragraph 3 (a); referred to in 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 present

the builder or manufacturer

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

The technical documentation shall permit the understanding of the design, manufacture and operation of the product, as well as the conformity assessment of the product with the basic requirements.

To the extent necessary for the assessment, the documentation shall contain: a general description of the type; drawings and schemes of the components, the assembled subassemblies, the circuits, etc., for the design phase and the manufacture; the descriptions and explanations necessary for the understanding of such plans and schemes for the operation of the product; a list of the rules referred to in Article 9, applied in part or in full, and descriptions of the solutions adopted in the event that the rules have not been applied referred to in Article 9; the results of the design calculations carried out, the examinations carried out, etc.; the reports of the tests or calculations, in particular of stability according to paragraph 3.2 of the basic requirements for buoyancy according to paragraph 3.3 of the above basic requirements.

ANNEX XIV

Minimum criteria to be taken into account for notification of organisms

1. The body, its director and the personnel responsible for carrying out the tests may not be the designer, the manufacturer, the supplier, the installer of the vessel or the components he inspects, or the representative of the of any of these people. They may not intervene directly or as representatives in the design, construction, marketing or maintenance of such machines. This does not preclude the possibility of an exchange of technical data between the builder and the body.

2. 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.

3. The body must have sufficient 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 necessary equipment. for exceptional checks.

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

5. 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.

6. The body must take out civil liability insurance, unless that liability is covered by the State in accordance with its national law, or the Member State is responsible for carrying out the checks directly.

7. The staff of the body shall be obliged to keep the professional secrecy in respect of all the information to which he/she has access in the performance of his/her duties (except in respect of the authorities of the competent administration in which he/she carries out his/her activities). fixed to this Royal Decree or any provision that develops it.

ANNEX XV

Written Declaration of Compliance

1. The written declaration in accordance with the provisions of the Royal Decree must accompany: the pleasure craft and must be attached to the owner's manual (paragraph 2.5 of Annex I); to the components listed in Annex II.

2. The written declaration of conformity shall include the following data (1): name and address of the manufacturer or his authorised representative established in the EU (2); description of the recreational craft (3); references to the relevant harmonised standards used or references to the specifications in respect of the which is declared conformity; where appropriate, reference to the 'EC type' certificate issued by a notified body; where appropriate, the name and address of the notified body; identification of the signatory who has received powers to require the manufacturer or his authorised representative established in the EU.

ANNEX XVI

Relationship of UNE rules within the scope of this Royal Decree

UNE-EN ISO 7840/Fire-resistant Mangueras for fuels.

UNE-EN ISO 8469/Non-fire-resistant Mangueras for fuels.

UNE-EN ISO 8665/Motors and marine propulsion systems. Measurement and declaration of power.

UNE-EN 28847/Government Mechanisms. Metallic cable system and pulley.

UNE-EN ISO 9097/Electric fans.

UNE-EN ISO 10087/Helmets identification. Coding systems.

UNE-EN ISO 10240/Owner's Manual.

UNE-EN ISO 10592/Government hydraulic systems.

UNE-EN ISO 11547/Boot protection devices with gear gear.

(1) And be written in the language or languages mentioned in paragraph 2.5 of Annex I.

(2) Social reason, full address; in case of authorised representative, also indicating the social reason and the address of the manufacturer.

(3) Description of the product in question: mark, type and serial number (if applicable).