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 the safety requirements of (a) a new legal framework for the provision of services for the purposes of the law of the Member State in which it is established, and which is the subject of a law of the Member State in which it is established; its components.

On 16 June 2003, Directive 2003 /44/EC of the European Parliament and of the Council amending Directive 94 /25/EC, extending the scope of Directive 94 /25/EC, was adopted by extending the scope of Directive 94 /25/EC to motor vehicles and their engines. for the propulsion of recreational craft and exhaust emissions and the noise emissions of such engines. The Directive gave rise to the approval of Royal Decree 2127/2004 of 29 October 2004 on the safety requirements for recreational craft, nautical motorbikes, their components and exhaust and noise emissions. of its engines, which incorporated the abovementioned Directive into Spanish law, maintaining those aspects which had not been amended by Directive 94 /25/EC of the European Parliament and of the Council of 16 June 1994.

Directive 2013 /53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and jet skis, and repealing Directive 94 /25/EC, lays down new requirements for the marketing and technical equipment applicable to sports vessels and to nautical motorcycles, as well as to their components, to the pair which regulates the performance of the agents that are commercially involved in the market for boats and motorbikes nautical, repealing Directive 94 /25/EC. It is, therefore, a directive which has as its fundamental object the management of a specific market, in such a way that the aspects related to maritime safety, navigation and human life at sea, as well as Maritime pollution is tangential for the purposes of its content, since its regulation affects the management of a market.

In any case, it is necessary to incorporate the content of Directive 2013 /53/EU of the European Parliament and of the Council of 20 November into the Spanish legal order by means of the relevant standard, which requires repeal Royal Decree 2127/2004, of 29 October, intended to be achieved with this royal decree.

The operative part of this royal decree is structured in thirteen chapters whose content is as follows: Chapter I contains general provisions, definitions, technical essential requirements, designation of authority Chapter II refers to the general rules on freedom of marketing; Chapters III to VIII respectively lay down the obligations of the manufacturers, their authorised representatives, the importers, the distributors, who are given in cases of concurrency of activities and the right to the economic operators, as defined by this royal decree; Chapter IX, referring to the conformity of the product, to the presumption of conformity of the product, to the declaration of conformity of the European Union and to the regulatory standards of the CE marking, Chapter X sets out the general rules for the conformity assessment of the products covered by this royal decree, in addition to the specific rules on their design, construction, exhaust and noise emissions, and on the assessment after the manufacture of these products; Chapter XI, which regulates the notified bodies; the Chapter XII, on market surveillance, control of products entering the market and the procedure to be followed if a product regulated by this royal decree poses a risk at national level or a phenomenon of non- compliance and safeguard procedures, and Chapter XIII on the sanctioning regime.

The royal decree is supplemented by an additional provision on the regime applicable to sports vessels employing gas (LPG) as fuel, a transitional provision, a derogation provision and four final provisions, respectively concerning the incorporation of European Union law operated by this royal decree, to the title of competence which protects it, to the regulatory clearance it establishes and, the fourth, to its date of entry into

In addition, according to the directive that is incorporated, this royal decree includes nine annexes relating to the essential technical requirements for the design and construction of the products by that regulated; the components of the vessels; the content of the declaration by the manufacturer or importer of the semi-finished vessels; the content and structure of the declaration of conformity; the equivalent conformity on the basis of an assessment after the manufacture of the product; the additional requirements in the case of using certain procedures internal control of production and testing; the conformity assessment with respect to noise and exhaust emissions; the additional procedure in the framework of conformity with the type, based on internal control of production; and last, an annex on technical documentation.

During the processing of the standard, in accordance with the provisions of article 24.1.c) of Law 50/1997 of 27 November, the Government has submitted to the most representative entities in the sectors professionals related to the construction and marketing of recreational craft, nautical motorcycles and their components. It has also been subject to a report from the Autonomous Communities. Pursuant to Article 24.1.b) of Law 50/1997, a report has been obtained from the Ministries of Economy and Competitiveness, Industry, Energy and Tourism, Health, Social Services and Equality; and Agriculture, Food and the Environment Environment and the Ministry of Finance and Public Administrations, pursuant to Article 24 (3) of that Law.

This royal decree is issued under the provisions of Article 149.1.10. of the Spanish Constitution, which confers exclusive competence on the State in matters of foreign trade, in its article 149.1.13. The Ministry of Public Works, the Ministry of Public Works, the Ministry of Public Works, the Ministry of Public Works, and the Ministry of Public Works. exercise of those relating to the general management of maritime navigation and of the civil fleet, as set out in Article 263 of the recast text of the Law on Ports of the State and the Merchant Navy, approved by Royal Decree-Law 2/2011 of 5 September.

In its virtue, on the proposal of the Minister of Public Works, after the approval of the Minister of Finance and Public Administration, according to the State Council and after deliberation by the Council of Ministers at its meeting on March 2016,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

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

Article 2. Scope.

This royal decree will apply to:

(a) Recreational craft and semi-finished recreational craft.

(b) Nautical motorcycles and semi-finished nautical motorcycles.

(c) The components of the vessels, which are listed in Annex II to this royal decree, when they are placed on the market separately.

(d) propulsion engines installed or intended specifically to be installed outside or within recreational craft or nautical motorbikes.

e) propulsion engines installed outside or within vessels where a major modification of the engine is performed.

f) Ships that are the subject of a major modification.

Article 3. Exclusions.

Excluded from the scope of this royal decree:

1. The design, manufacture, and construction of:

(a) Sports vessels intended exclusively for regattas, including rowing boats and rowing training vessels, referred to by the manufacturer.

b) Canoes and kayaks designed so that they can be driven solely by human strength, gondolas and pedals.

c) The sail boards designed solely to be able to be driven by the force of the wind and managed by one or more people in standing position.

d) The surfboards, including engine ones.

e) The original historical craft and the individual reproductions of historic vessels designed before 1950, essentially reconstructed with the original materials and so named by the manufacturer.

(f) Experimental vessels as long as they are not placed on the European Union market.

(g) Ships constructed directly by the same persons concerned for personal use, provided that they are not subsequently placed on the Union market for a period of 5 years from the date of their entry into force. service.

(h) Ships specifically intended to be manned by professional personnel and to carry passengers for commercial purposes without prejudice to paragraph 4, and irrespective of the number of passengers.

i) Submersibles, batiscafos and submarines.

j) Vehicles with air mattress.

k) Hydrogliders.

l) External combustion steam vessels using coal, coke, wood, oil or gas as fuel.

m) Amphibious vessels and vehicles.

2. The exhaust emission requirements set out in Part B of Annex I shall not apply to:

(a) propulsion engines installed or specifically intended for installation on the vessels referred to in points (a), (f), (h), (i), (j), (k) and (m) of the previous paragraph.

(b) The originals and each 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 points (d) and (h) of the Previous section.

(c) propulsion engines constructed by the person concerned directly for their personal use, provided that they are not placed on the market of the European Union for a period of five years from the putting into service of the vessel.

3. The noise emission requirements laid down in Annex I, Part C, shall not apply to:

(a) All vessels referred to in paragraph 2 (a).

(b) Ships constructed for personal use directly by the person concerned not being placed on the market of the European Union for a period of 5 years from the entry into service of the vessel.

4. The fact that the same vessel may also be used for the purposes of chartering or of sports and recreational training shall not prevent its inclusion in the scope of this royal decree when it is introduced on the domestic or the market. European Union for recreational purposes.

Article 4. Definitions.

For the purposes of this royal decree, you will understand:

1. Boat: All recreational craft or nautical bike.

2. Recreational craft: Any craft of any kind, except for nautical motorcycles, irrespective of their means of propulsion, the hull of which is in length between 2,5 and 24 metres, measured according to the criteria laid down in the rules Harmonised applicable, intended for sporting or recreational purposes.

3. Nautical motorbike: Embaration intended for sport or recreational purposes less than 4 metres in length which uses a propulsion engine with a water jet pump as a main source of propulsion, designed to be operated by one or more people sitting, standing or on their knees over the boundaries of a helmet and not inside them.

4. Hydroglider: Any craft that moves over the water sheet, using supporting elements that slide into the water.

5. Amphibious boats and vehicles: All boats or motor vehicles on wheels or caterpillars that allow them to move both on land and in water.

6. Boat built for personal use: Every boat built, for the most part, by its future user for personal use.

7. Propulsion engine: All internal combustion engine, spark-ignition or compression-ignition engine, used directly or indirectly for propulsion purposes, including intraborda, mixed (inside and outboard) engines, with or without integrated exhaust and outboard.

LPG engines are included, considered as any intra-or outboard engine that uses liquefied petroleum gas.

8. Major engine modification: Any modification of a propulsion engine that can result in the emission limit values set out in Annex I Part B being exceeded or the rated engine power is increased by more than 15%.

Normal replacement of engine components that do not alter the emission characteristics or power limits set in the previous paragraph are not considered to be major engine modifications.

9. Important conversion of the vessel: Any conversion of an existing vessel which modifies the means of propulsion of the vessel, leads to an important modification of the engine or alters the vessel in such a way that the requirements are not met security and environmental protection essentials set out in this royal decree.

10. Means of propulsion: Any system intended to boost the craft, including systems such as water jets, powered by mechanical traction.

11. Engine family: All grouping of similar design engines produced by the manufacturer having similar characteristics as to their exhaust or noise emissions, adjusted to the requirements of this royal decree.

12. Marketing: Any supply, paid or free of any product covered by this royal decree, for distribution, consumption or use in the market of Spain or the European Union through a commercial activity.

13. Market Introduction: The first marketing of a product in the markets mentioned above.

14. Putting into service: The first use of a vessel, a nautical bike or a motor regulated in this royal decree by its end user in Spain or in the European Union.

15. Manufacturer: Any natural or legal person who manufactures a product or who has designed or manufactured a product from those regulated by this royal decree, in order to market it under his name or mark on the national or European Union market.

16. Authorised representative: Any natural or legal person with an open establishment in Spain or in other countries of the Union which has received the written mandate of a manufacturer to act on behalf of the manufacturer in respect of compliance with the requirements of the obligations arising from the provisions of this royal decree.

17. Importer: Any natural or legal person established in Spain or the European Union who places a product of those regulated by this royal decree from a third country on the Spanish market.

18. Private importer: Any natural or legal person who, in the course of a non-commercial activity, imports a product from those regulated in this royal decree, from a third country, to put it in service for its own use in Spain.

19. Distributor: Any natural or legal person in the supply chain, other than the manufacturer or importer, who places a product on the market in Spain.

20. Economic agents: The manufacturers, authorised representatives, importers and distributors as defined in this Article.

21. European standard: Technical specification of repeated application or continuous enforcement that is not mandatory, which has been adopted by a European standardisation organisation.

22. Harmonised standard: European standard adopted following a request from the Commission to implement the harmonisation legislation of the European Union as defined in Article 2 (1) (c) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council European and the Council of 9 July on European standardisation.

23. Accreditation: Declaration, by a national accreditation body, that a conformity assessment body complies with the requirements set out in accordance with harmonised standards and, where appropriate, additional requirements, including established in the relevant sectoral schemes, for the purpose of carrying out specific conformity assessment activities, as defined in point (10) of Article 2 of Regulation (EC) No 765/2008 of the European Parliament and of the Council Council, setting out the requirements for accreditation and market surveillance relating to the placing on the market of the products.

24. National accreditation body: As provided for in Article 2 (11) of Regulation (EC) No 765/2008 European Parliament and of the Council of 9 July 2008, the only body of a Member State with public authority to carry out accreditations.

25. Notifying Authority: Authority referred to in Article 6, which is responsible for the establishment and implementation of the procedures necessary for the assessment and notification of conformity assessment bodies, as well as for the supervision of conformity assessment bodies. notified bodies and compliance with how many other obligations this royal decree attributes to it.

26. Conformity assessment: Procedure by which it is demonstrated that the requirements of this royal decree have been met, as provided for in Chapter X.

27. Conformity assessment body: Any inspection body which has submitted a responsible declaration to the competent authority, as laid down in Article 15 of Law 21/1992 of 16 July 1992 on Industry, which it carries out conformity assessment activities, including calibration, testing, certification or inspection among others.

28. Notified body: A conformity assessment body which, in compliance with the requirements referred to in Article 42, has requested and obtained, by means of the application and the procedure described in Articles 45 and 46, the notification of the General Direction of the Merchant Navy that enables you to carry out the conformity assessment activities regulated in this royal decree.

29. Recovery: Any action or measure to obtain the return of a product already made available to the end user.

30. Withdrawal: Any action or measure intended to prevent the placing on the market of a product in the supply chain.

31. Market surveillance: The set of activities aimed at ensuring that the products covered by this royal decree comply with the requirements of the same and those established by the European Union harmonisation legislation and that entailing a risk to health, safety or other aspects related to the protection of the public interest. The competition to develop these activities corresponds to the Ministries of Development, Industry, Energy and Tourism and Economy and Competitiveness, as well as to the Autonomous Communities.

32. CE marking: The marking by which the manufacturer indicates that the product is in conformity with all the requirements applicable to the products covered by this royal decree laid down by the Union harmonisation legislation providing for its affixing.

33. Harmonisation legislation: Any legislation of the European Union which harmonises the marketing conditions.

Article 5. Essential requirements.

1. Products falling within the scope of this royal decree may be placed on the market or put into service only if they fulfil the following conditions:

a) Do not pose any danger to the health and safety of people and property, nor to the environment.

(b) Your maintenance and use is carried out correctly, in accordance with the purpose to which they are intended.

c) Meet the applicable essential requirements set out in Annex I.

2. The Directorate General of the Merchant Navy, the bodies with competence on market surveillance of the Ministries of Industry, Energy and Tourism and of Economy and Competitiveness, as well as the corresponding organs of the autonomous communities, in their respective areas of competence shall ensure that the products referred to in the previous paragraph are not placed on the market or put into service unless they comply with the requirements laid down in that paragraph.

3. Products falling within the scope of this royal decree which do not comply with the requirements of this Directive may be the subject of exhibition and exhibition at trade fairs, exhibitions, trade shows or other similar events. which are held in Spain provided that, with clearly visible graphic support and acoustic means, it is stated in an express manner that such products do not conform to those requirements and that they may not be used in Spain until their compliance.

Article 6. Notifying authority.

For the purposes of this royal decree, the General Directorate of the Merchant Navy will have the character of the notifying authority.

CHAPTER II

Free movement of products

Article 7. Freedom of marketing.

The marketing of products subject to the scope of this royal decree will be carried out in accordance with the principles of market freedom throughout the Spanish territory, without prejudice to the provisions of the Article 5.

Article 8. Marketing of semi-finished vessels.

The marketing of semi-finished vessels will, in any case, require the manufacturer or importer to declare that the vessels are intended to be completed by a third party. This declaration shall in any case accompany each semi-finished vessel and shall include the content set out in Annex III.

Article 9. Marketing of components.

The placing on the market and putting into service of the components listed in Annex II, intended to be installed on a vessel, shall require the declaration of the manufacturer or the importer, subject to the provisions of the Article 29.1.

Article 10. Marketing of engines.

The following propulsion engines may be placed on the market and put into service:

1. The engines, installed or not on a vessel, that are in conformity with the provisions of this royal decree.

2. Engines fitted to vessels and approved under Order IET/1105/2014 of 26 June 2014, amending Annexes I and II to Royal Decree 2028/1986 of 6 June 1986 on rules for the application of certain Directives of the European Parliament and of the Council the EEC, concerning the type-approval of motor vehicles, trailers, semi-trailers, motorcycles, mopeds and agricultural vehicles, as well as parts and parts of such vehicles which are in conformity with the exhaust emission limits stages III A, III B or IV in compression ignition engines used in applications different from the propulsion of inland waterway vessels, locomotives and railcars, as set out in Annex I, which are in conformity with this royal decree, excluding the exhaust emission requirements referred to in Annex I, part B.

3. Engines fitted to vessels and approved in accordance with Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on the approval of motor vehicles and engines with regard to motor vehicles emissions from heavy vehicles (Euro VI) and access to information on vehicle repair and maintenance and amending Regulation (EC) No 715/2007 and Directive 2007 /46/EC and repealing Directives 80 /1269/EEC, 2005 /55/EC and 2005 /78/EC which are in conformity with this royal decree, excluding the emission requirements of Escape referred to in Annex I, Part B.

4. Numbers 2 and 3 shall be subject to the condition that, when an engine is adapted to be installed on a vessel, the person carrying out the adaptation shall ensure that it is carried out in full on the basis of data and information. available from the engine manufacturer, in order to ensure that, if the engine is installed in accordance with the installation instructions provided by the person performing the engine adaptation, the engine shall continue to comply with the the requirements for the exhaust emissions of Directive 97 /68/EC or Regulation (EC) No 595/2009, in accordance with the declared by the engine manufacturer. The engine adaptation person shall declare, in accordance with Article 15, that the engine is to continue to comply with the exhaust emission requirements of Directive 97 /68/EC or Regulation (EC) No 595/2009, with the engine manufacturer, if this is installed in accordance with the installation instructions provided by the person performing the engine adaptation.

CHAPTER III

Obligations of manufacturers

Article 11. Obligations of manufacturers.

1. Manufacturers shall ensure that the products falling within the scope of this royal decree, which they are to introduce on the Spanish market, have been designed and manufactured in accordance with the requirements laid down in Article 5.1. and in Annex I.

2. For the purposes of the preceding paragraph, manufacturers shall draw up the technical documentation required by Article 41 and shall apply or send the relevant conformity assessment procedure in accordance with the provisions of Article 41. Articles 33 to 38 and 40.

3. Once demonstrated, in accordance with the procedure described above, the conformity of a product with the requirements required by this royal decree, manufacturers shall make the declaration referred to in Article 29 and shall carry out and affix the the CE marking in accordance with Articles 31 and 32.

Article 12. Preservation of documentation.

The manufacturers shall keep the technical documentation and a copy of the declaration for a period of 10 years from the date on which the product was manufactured, on any medium, including the telematic , accepted in law.

Article 13. Serial manufacturing.

1. Manufacturers shall ensure that a control procedure is in place to ensure that in series production of the products their conformity with the requirements of this royal decree is maintained.

2. To this end, they shall take into account any modifications that may occur in the design or the characteristics of the products and the changes in the harmonised standards for which the conformity of the product was declared.

Article 14. Lack of compliance and product risks.

1. Manufacturers established in Spain, or their authorised representatives if they have them, who consider or have reason to believe that a product which they have placed on the market is not in accordance with the provisions of this royal decree immediately the corrective measures required to be compliant, to withdraw it or to proceed to recovery.

In addition, in order to protect the health and safety of consumers and maritime safety, navigation and human life at sea and the prevention of pollution of the marine environment, manufacturers established in Spain, or its authorised representatives if they have them, provided that they consider that there may be a risk caused by the characteristics or use of a product, shall carry out samples of the products placed on the market, the precise measures, depending on the results of the tests, in order to guarantee the the safety of the products and shall immediately inform the Directorate-General of the Merchant Marine, as well as the competent national authorities of the other Member States in which they have introduced the product, giving details, in particular, on the lack of conformity and the corrective measures taken.

2. In any event, the manufacturer established in Spain, or his authorised representative if he has it, must inform the distributors of the products at the national level and the agents who are responsible for the risks and the measures taken. market these products in the field of the European Union market.

3. In the event of complaints or complaints made by the users of the products, in relation to the suitability of the same for the activity to which they are intended and with the fulfilment of the requirements demanded in this royal decree, the manufacturers established in Spain, or their authorised representatives if they have them, shall consider that there are grounds for thinking that the product to which the complaint or complaint relates is not in accordance with the provisions of this royal decree and shall apply measures for the purpose referred to in paragraph 1 and, where appropriate, in paragraph 2 of this Article.

4. For the purposes of monitoring the activities referred to in the preceding paragraphs, the manufacturer established in Spain, or his representative if he has it, must keep a record of the complaints which may be made by the users of the products. defective products, as referred to in paragraph 1, of defective products manufactured by the same and products which are withdrawn from the market or are modified for marketing purposes.

Article 15. Identification and marking of products.

1. Manufacturers shall ensure that the products they manufacture in addition to the CE marking, in accordance with Articles 31 and 32, include a type number, batch number or any other element enabling their identification and facilitating the traceability of the product or, in cases where the size or nature of the product or its components does not allow it, that the required information is contained in the packaging or document accompanying the product.

2. In addition to the extremes provided for in the preceding paragraph, manufacturers shall record in the product their name, trade name or registered trade mark and their contact address. Such data, if it is not possible to incorporate them into the product, must be included in a document accompanying the product.

Article 16. Documentation and technical instructions.

The manufacturers shall attach, on an individual basis, to each product an instruction manual, including information relating to safety in their use, which can be easily understood by consumers and other users. final, and written in one or more languages, one of them being Spanish or Spanish.

Article 17. Information and cooperation of manufacturers.

1. Manufacturers shall, upon a reasoned request from the competent Spanish authorities or a competent national authority of a Member State of the European Union, provide it with all the information and documentation necessary to demonstrate the conformity of the its products with the provisions of this royal decree, in the Spanish language, in the case of requests from competent Spanish authorities, or, in the case of requests from a competent national authority of another Member State, in the language which that authority can easily understand.

2. Likewise, at the request of any competent national authority or of those of other Member States of the European Union, the manufacturers shall carry out the actions that are precise in order to cooperate in any action undertaken by (a) to avoid the risks posed by the products which they have placed on the market, including the identification of the economic operators involved in the market and the withdrawal of the products.

CHAPTER IV

Authorized Representatives

Article 18. Designation of authorised representatives.

Manufacturers may designate an authorised representative, by means of a written mandate for any valid document in law, specifying the taxative and explicit extension of the powers of representation which are grant.

Article 19. Obligations of authorised representatives.

1. The representatives, duly authorised, shall develop the activities specified in the mandate received.

2. In no case shall the obligations referred to in Article 11.1 or the preparation of the technical documentation of the product be the subject of the mandate of representation.

3. Irrespective of the above, the term of office shall entitle at least the following tasks to be carried out:

(a) Keep a copy of the declaration of conformity, referred to in Article 29 and Annex III, as well as the technical documentation, at the disposal of the competent public administrations, for a period of ten years from the date of product introduction to the market.

(b) Provide competent public administrations with all the information and documentation necessary for the purpose of demonstrating the conformity of a product, upon a reasoned request.

c) Co-operate with the relevant public administrations in any action aimed at eliminating the risks posed by products regulated by this royal decree.

CHAPTER V

Obligations of importers

Article 20. Obligations of importers.

1. Importers may only introduce into the domestic market products which comply with the requirements of this royal decree.

2. Importers, before introducing a product into the Spanish market, shall verify the following aspects:

a) That the manufacturer has performed the due conformity assessment.

b) The existence of the corresponding "CE marking" in the product, in accordance with the provisions of this royal decree.

(c) The manufacturer has drawn up the technical documentation and the product is accompanied by the documentation referred to in Articles 15, 16, 29 and 41, as well as in point 2.5 of Part A, in Section 4 of Part B and in Section 2 of Part C of Annex I.

3. Importers shall indicate their name, trade name and registered mark in their case and a contact address in the product and, in the case of components where it is not possible to incorporate such data, the same shall appear in the packaging or in the documentation that accompanies the components.

4. As long as they are responsible for a product, importers shall ensure that the conditions of storage or transport of a product do not compromise the fulfilment of the requirements for the product, required in this royal decree.

Article 21. Obligations of importers in the field of risks.

1. Importers, provided that there is a risk arising from a product or where they consider it appropriate, in order to ensure the protection of health, safety of consumers, safety of navigation and of human life at sea or in the preservation of the marine environment, will carry out the following actions:

(a) Test samples of the products placed on the market.

b) They will investigate, where appropriate, the causes that motivated the possible risks.

2. In any event, the importers shall keep a record of the claims, the products which do not comply or which contravene the provisions of this royal decree, the recoveries and the returns of products, and shall keep the distributors informed of the that follow-up.

3. In any event, in the case of defective products or which do not comply with the requirements of this royal decree, or where they may cause any of the risks referred to in the preceding paragraph of this Article, the importers:

(a) They shall immediately take the necessary measures to ensure that the product meets the requirements of this royal decree or, if not, they shall be withdrawn from the market or recovery.

(b) Where technical reasons exist in order to consider that a product carries a risk or does not comply with the provisions of this royal decree, importers shall immediately inform the Directorate-General of the Merchant Navy, both with regard to the disfunctionalities or risks identified and with respect to the measures taken, in accordance with point (a) above.

(c) They shall inform distributors, as well as manufacturers if they deem it appropriate, of the risks of the products and of the actions taken in accordance with the provisions of this Article.

Article 22. Cooperation with public administrations.

1. Importers shall keep a copy of the declaration of conformity and of the declaration in accordance with Annex III for a period of 10 years from the date of introduction of the product on the domestic market. a reasoned request from the competent public administrations.

2. Importers shall, on the basis of a reasoned request from the competent public authorities, provide all the information and documentation necessary to demonstrate the conformity of their products with the provisions of this royal decree and shall cooperate with them. Public administrations in all activities aimed at avoiding risks arising from the introduction of products on the market.

CHAPTER VI

Distributors ' obligations

Article 23. Actions relating to the placing on the market of the product.

1. When marketing a product the distributors will act with due diligence in order to comply with the requirements demanded by this royal decree.

2. Distributors shall also ensure theis accompanied by the CE marking and the documentation referred to in Articles 15, 16, 29, 41 and point 2.5 of Part A of Annex I, in Section 4 of Part B of the Annex. Annex I and Section 2 of Part C of Annex I.

3. In addition, distributors will ensure that the storage and transport conditions of the products are suitable for the proper maintenance of the products in a way that meets the conditions required by the Article 6 and Annex I.

4. When a distributor finds technical reasons founded to consider that a product does not conform to the requirements required by this royal decree or may pose a risk, it will not market it until it is compliant. In addition, if the product presents a risk, the distributor shall inform the manufacturer or the importer, as well as the General Directorate of the Merchant Navy.

CHAPTER VII

Activity concurrency

Article 24. Application obligations to importers and distributors.

Importers and distributors will have the consideration of manufacturers for the purposes of this royal decree, and will be subject to the obligations set out in Chapter III when any of the following occur circumstances:

a) Introduce a product on the market with your name or brand.

(b) Modify a product which has already been placed on the market in such a way as to affect its conformity.

c) Modify a product already placed on the market in such a way that, even if all the technical and compliance requirements demanded by this royal decree are met, the modification will allow to consider that this is a new product.

Article 25. Unification of activities.

When the activities of the manufacturer, importer and distributor are in the same natural or legal person, the legal regime required by Chapters III, V and VI of this royal decree shall apply.

CHAPTER VIII

Private importers and economic agents

Article 26. Obligations of private importers.

1. In the event that a manufacturer does not comply with the product conformity requirements required by this royal decree, the private importers, before putting the product into service, shall ensure that the product has been designed and manufactured compliance with the requirements laid down in Article 5 and Annex I and shall comply with the obligations of the manufacturers set out in Chapter III.

2. If the manufacturer does not provide the required technical documentation, the private importer must make it use of the appropriate knowledge or take it up to a body or entity which, by its field of activity, ensures the suitability of the documentation.

3. In any event, the private importer shall ensure theand address of the notified body which has carried out the conformity assessment are listed on the product or on its packaging.

Article 27. Economic operators.

1. Economic operators shall communicate to public administrations with competence in the field of market surveillance, upon request, the following data:

(a) Any economic operator who has supplied them with a product.

(b) The corresponding to any economic operator to whom they have supplied a product.

2. For the purpose of completing the provisions of the preceding paragraph, operators shall keep the relevant documentation for a period of 10 years from the date on which they were supplied with the product and in the they would have supplied the product.

3. The private importers shall inform the market surveillance authorities, upon request, of the data of the economic operator who has supplied them with the product and must be in a position to present the information indicated in the the first subparagraph for a period of 10 years from the date on which the product was supplied to them.

CHAPTER IX

Product Compliance

Article 28. Presumption of conformity.

It is presumed that products manufactured in accordance with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, comply with the requirements laid down by those rules and by that royal decree.

Article 29. EU declaration of conformity.

1. The EU declaration of conformity shall state that compliance with the requirements specified in Article 5 (1) and Annex I or those referred to in Article 10 (2) or (3) has been demonstrated.

2. The EU declaration of conformity shall conform to the model set out in Annex IV and shall contain the elements specified in the relevant modules set out in Annex II to Decision No 768 /2008/EC of the European Parliament and of the Council, on 9 July 2008 on a common framework for the marketing of products and repealing Council Decision 93 /465/EEC, as well as Annex V, and shall be kept permanently up to date and must be transcribed in the language Castellana.

3. When drawing up the EU declaration of conformity, the manufacturer, the private importer or the person who adapts the engines referred to in Article 10.4 shall assume responsibility for the conformity of the product.

4. The EU declaration of conformity referred to in paragraph 3 shall accompany the following products when placed on the market or put into service:

a) Embarks.

(b) Components that are placed on the market separately.

c) Propulsion engines.

5. The declaration by the manufacturer or the importer, set out in Annex III for the semi-finished craft, shall contain the elements detailed in the Annex and accompany the semi-finished vessels and must be transcribed in the Spanish language.

Article 30. General principles of the CE marking.

The CE marking shall be subject to the general principles laid down in Article 30 of Regulation (EC) No 765/2008 of the European Parliament and of the Council laying down the requirements for accreditation and surveillance of the market for the marketing of the products.

Article 31. Products subject to CE marking.

The following products shall be subject to the CE marking when placed on the market or put into service:

a) Embarations;

(b) Components that are placed on the market separately;

c) Propulsion engines.

Article 32. Rules and conditions for affixing the CE marking.

1. The CE marking shall be affixed to the products referred to in the preceding Article in a visible, legible and indelible manner. In the case of components, where this is not possible or is not justified due to the size or nature of the product, it shall be placed on the packaging and accompanying documents. In the case of vessels, the CE marking shall be affixed to the manufacturer's plate fitted separately from the vessel's identification number. In the case of propulsion engines, the CE marking shall be affixed to the engine.

2. The CE marking shall be affixed before the product has been placed on the market or put into service. The CE marking and the identification number referred to in paragraph 3 may be followed by a pictogram or any other mark indicating a special risk or use in the manufacturer's judgment.

3. The CE marking shall be followed by the identification number of the notified body when it is involved in the production control phase or in the post-construction assessment.

4. The identification number of the notified body shall be affixed by the body itself or in accordance with its instructions by the manufacturer or his representative or the persons referred to in paragraphs 2 to 4 of the following Article.

CHAPTER X

Compliance Assessment

Article 33. General rules for conformity assessment.

1. Before placing the products listed in Article 2 on the market, the manufacturer shall apply the procedure laid down in the following Articles of this Chapter.

2. Private importers shall apply the procedure referred to in Article 39 before the putting into service of a product referred to in the preceding paragraph, in the event that the manufacturer has not carried out the conformity assessment. of the product concerned.

3. Any person who places on the market or puts into service a propulsion engine or a vessel that has undergone a significant modification or conversion of the engines or the vessel, as well as any person changing the purpose of the engine or vessel intended for a vessel not falling within the scope of this royal decree, in such a way as to be considered a pleasure craft, shall apply the procedure referred to in Article 39 before the product is placed on the market or put it into service.

4. Persons placing on the market vessels built for their own use, before the 5-year period referred to in Article 3.1.g) shall apply the procedure referred to in Article 39 before proceeding to the introduction. This 5-year period shall be counted from the date of final registration of the vessel.

Article 34. Assessment procedure.

1. Before putting into service any product falling within the scope of this royal decree, manufacturers or their authorised representatives shall apply the procedures which are the subject of the following Articles.

2. The assessment of a recreational craft after its manufacture, in the event that neither the manufacturer nor its representatives are responsible for it, must be taken over by those who place it on the market or put into service, under its self-responsibility, submitting a post-construction report application to a notified body.

Article 35. Design and construction of recreational craft.

The design and construction of the recreational craft shall be subject to the provisions of Annex II to Decision 768 /2008/EC, in accordance with the following rules:

1. For design categories A and B referred to in Section 1 of Part A of Annex I, it shall apply to:

(a) Recreational craft with an overall length of more than 2,5 metres and less than 12 metres:

1. ° A1 Module (internal control of the most supervised production of the products).

2. Module B (EU type examination) along with module C, D, E or F.

3. º Module G (compliance based on unit verification).

4. Module H (compliance based on full quality assurance).

(b) In recreational craft with a length of between 12 metres and 24 metres, any of the following modules:

1. Module B (EU type examination) along with module C, D, E, or F.

2. º Module G (compliance based on unit verification).

3. H Module H (compliance based on full quality assurance).

2. For the design category C referred to in Section 1 of Part A of Annex I.

(a) In recreational craft with an overall length of 2,5 metres or more and less than 12 metres, any of the following modules:

1. ° If the harmonised standards relating to Annex I, Part A, points 3.2 and 3.3 are complied with: module A (internal production control), module A1 (internal control of the production plus supervised test of the products), Module B (EU type examination) together with module C, D, E or F, Module G (compliance based on unit verification) or Module H (compliance based on full quality assurance).

2. No If the harmonised standards relating to Annex I, Part A, points 3.2 and 3.3 are not met: Module A1 (internal control of the production plus supervised test of the products), module B (EU type examination) together with module C, D, E o F; module G (compliance based on unit verification), or module H (compliance based on full quality assurance).

(b) In recreational craft with a length of between 12 metres and 24 metres, any of the following modules:

1. Module B (EU type examination) along with module C, D, E, or F.

2. º Module G (compliance based on unit verification).

3. H Module H (compliance based on full quality assurance).

(c) For the design category D referred to in Section 1 of Part A of Annex I: in recreational craft with a length of between 2.5 metres and 24 metres, any of the following modules:

1. Module A (internal production control).

2. ° A1 Module (internal control of the most supervised production of the products).

3. Module B (EU type examination) along with module C, D, E or F.

4. G Module (compliance based on unit verification).

5. Module H (compliance based on full quality assurance).

Article 36. Design and construction of nautical motorcycles and components.

1. As regards the design and construction of nautical motorcycles, any of the procedures set out in Annex II to Decision No 768 /2008/EC shall apply:

a) Module A (internal production control module A).

b) Module A1 (internal control of the most supervised production of the products).

c) Module B (EU type examination) along with module C, D, E or F.

d) Module G (compliance based on unit verification).

e) Module H (compliance based on full quality assurance).

2. As regards the design and construction of components, any of the procedures set out in Annex II to Decision No 768 /2008/EC shall apply:

a) Module B (EU type examination) along with module C, D, E or F.

b) Module G (compliance based on unit verification).

c) Module H (compliance based on full quality assurance).

Article 37. Exhaust emissions.

With regard to exhaust emissions, for the products referred to in Article 2 (d) and (e), the engine manufacturer shall apply the following procedures set out in Annex II to the Decision No 768 /2008/EC:

1. Where the tests are carried out using the harmonised standard, any of the following modules:

a) Module B (EU type examination) along with module C, D, E or F.

b) Module G (compliance based on unit verification).

c) Module H (compliance based on full quality assurance).

2. Where the tests are carried out without using the harmonised standard, any of the following modules:

a) Module B (EU type examination) along with module C1.

b) Module G (compliance based on unit verification).

Article 38. Noise emissions.

1. With regard to noise emissions in recreational craft with a mixed engine of propulsion without integrated exhaust or with propulsion engine fitted on board, and recreational craft with a mixed propulsion engine without integrated exhaust or with propulsion engine installed on board which are the subject of an important conversion and are subsequently placed on the market within a period of five years after conversion, the manufacturer shall apply the following established procedures in Annex II to Decision No 768 /2008/EC:

(a) When the tests are performed using the harmonised sound measurement standard, any of the following modules:

1. ° A1 Module (internal control of the most supervised production of the products);

2. G Module (compliance based on unit verification);

3. H Module H (compliance based on full quality assurance).

b) When the tests are performed without using the harmonised sound measurement standard, the G module (conformity based on unit verification).

c) When the Froude number and the power/displacement coefficient method are used for the assessment, any of the following modules:

1. Module A (internal production control);

2. G Module (compliance based on unit verification);

3. H Module H (compliance based on full quality assurance).

2. With regard to the noise emissions of motor vehicles and propulsion engines with integrated exhaust intended to be installed on a recreational craft, the manufacturer of the motor vehicle shall apply the following procedures: set out in Annex II to Decision No 768 /2008/EC, as follows:

(a) When the tests are performed using the harmonised sound measurement standard, any of the following modules:

1. ° A1 Module (internal control of the most supervised production of the products).

2. G Module (compliance based on unit verification);

3. H Module H (compliance based on full quality assurance).

b) When the tests are performed without using the harmonised sound measurement standard, the G module (conformity based on unit verification).

Article 39. Post-manufacturing evaluation.

The post-manufacturing assessment referred to in Article 33 (2), (3) and (4) shall be carried out as set out in Annex V.

Article 40. Additional requirements.

1. Where module B of Annex II to Decision No 768 /2008/EC is used, the EU type examination shall be carried out in the manner specified in the second indent of point 2 of that module.

A production type mentioned in module B may include different variants of the product as long as:

(a) The differences between the variants do not affect the level of security and the other requirements concerning the operation of the product, and

(b) The variants of the product are marked in the relevant EU-type examination certificate, if any, through a modification of the original certificate.

2. When module A1 of Annex II to Decision No 768 /2008/EC is used, the checks on the products shall be carried out on one or more of the vessels representative of the manufacturer's production and the additional requirements shall apply. set out in Annex VI to this royal decree.

3. The possibility of using the accredited internal bodies referred to in modules A1 and C1 of Annex II to Decision No 768 /2008/EC shall not apply.

4. Where module F of Annex II to Decision No 768 /2008/EC is used, the procedure described in Annex VII to this Directive shall apply for the assessment of compliance with exhaust emission requirements.

5. Where module C of Annex II to Decision No 768 /2008/EC is used, as regards the assessment of conformity with the exhaust emission requirements of this royal decree, and in case the manufacturer does not apply a system of quality as described in Module H of Annex II to Decision No 768 /2008/EC, a notified body chosen by the manufacturer shall perform or cause the product controls to be carried out at random intervals determined by the manufacturer. that body in order to check the quality of the internal control of the product. In the event that the quality level is unsatisfactory or the validity of the data submitted by the manufacturer is deemed necessary, the procedure set out in Annex VIII shall apply.

Article 41. Technical documentation.

1. The technical documentation referred to in Article 11 (2) shall include all relevant details and details of the product satisfying the requirements laid down in Article 5 (1) and Annex I. In particular, it shall include: relevant documents as set out in Annex IX.

2. The technical documentation shall ensure that the design, construction, operation and conformity assessment are clearly understood.

CHAPTER XI

Notified Bodies

Article 42. Requirements for conformity assessment bodies to be notified.

1. For the purposes of the notification under this royal decree, the conformity assessment bodies shall comply with the requirements laid down in Articles 15, 16 and 17 of the Industry Act and the implementing legislation of the the same. The said bodies shall comply with the provisions set out in the following paragraphs.

2. Conformity assessment bodies shall be established in accordance with the Spanish legal order and shall have legal personality.

3. Conformity assessment bodies shall be independent of the organisation or the product they assess.

A body belonging to a trade association or a professional federation representing companies involved in the design, manufacture, supply, assembly, assembly, or trade association may be considered as an assessment body. the use or maintenance of the products it evaluates, provided that its independence and the absence of conflicts of interest are guaranteed.

4. The conformity assessment bodies, their top management and the staff responsible for carrying out the conformity assessment tasks may not be the designer, the manufacturer, the supplier, the installer, the buyer, the owner, the user or the person in charge of the maintenance of the products to be assessed, or the representative of any of them. This does not prevent the use of the products assessed as necessary for the operation of the conformity assessment body or for the use of the products for personal purposes.

5. The conformity assessment bodies, their top management and the staff responsible for carrying out the conformity assessment tasks shall not be directly involved in the design or manufacture, the placing on the market, the installation, use or maintenance of these products, or represent the parties involved in these activities. They shall not engage in any activity that may conflict with their independence of criteria or their integrity in relation to the conformity assessment activities for which they have been notified. This shall apply in particular to advisory services.

6. Conformity assessment bodies shall ensure that the activities of their subsidiaries or subcontractors do not affect the confidentiality, objectivity and impartiality of their conformity assessment activities.

7. The conformity assessment bodies and their staff shall carry out the conformity assessment activities with the highest level of professional integrity and with the required technical competence for the specific field, and shall be free of any pressure or incentive, in particular of a financial nature, which may influence its assessment or the outcome of its conformity assessment activities, in particular by persons or groups of persons who have any interest in the results of these activities.

8. The conformity assessment bodies shall be capable of carrying out all the conformity assessment tasks assigned to them in accordance with Articles 33 to 41 and for which they are to be notified, irrespective of the to carry out the tasks of the conformity assessment bodies themselves or are carried out on their own and under their responsibility.

9. Conformity assessment bodies shall, at all times, provide for each assessment procedure and for each type or category of products for which they have been notified, of the following resources:

(a) The necessary personnel with sufficient technical knowledge and experience and appropriate for the conformity assessment tasks.

(b) The descriptions of procedures under which conformity assessment is carried out, ensuring the transparency and the possibility of reproduction of those procedures.

c) The appropriate policies and procedures to distinguish between the tasks to be performed as a notified body and any other activity.

(d) The procedures for carrying out their activities taking due account of the size of the companies, the sector in which they operate, their structure, the degree of complexity of the technology of the product concerned and the mass or serial character of the production process.

e) The means to perform the technical and administrative tasks related to compliance assessment activities appropriately.

f) Access to all equipment or installations that they need.

10. The personnel carrying out the conformity assessment activities shall have:

(a) Good technical and professional training to carry out all the conformity assessment activities corresponding to the area for which the conformity assessment body is to be notified;

b) A satisfactory knowledge of the requirements of the assessments it makes and the authority necessary to perform such operations;

(c) adequate knowledge and understanding of the essential requirements, of the applicable harmonised standards, of the applicable Union harmonisation legislation, and of the relevant national legislation;

d) The capacity required for the preparation of certificates, records and reports demonstrating that evaluations have been carried out.

11. Conformity assessment bodies shall ensure the impartiality of their senior management and assessment staff.

The remuneration of the maximum managers and the assessment staff of the conformity assessment body shall not depend on the number of assessments carried out or on the results of such assessments.

12. Conformity assessment bodies shall ensure that their liability is covered by insurance or other financial collateral.

13. The staff of the conformity assessment bodies shall observe the professional secrecy concerning all the information collected in the course of their duties, in accordance with Articles 33 to 41 or any provision of such information. application, except in relation to the competent Spanish authorities. In any event, industrial property rights shall be protected in accordance with the provisions of the applicable sectoral legislation.

14. The conformity assessment bodies shall participate in the relevant standardisation activities and in the activities of the coordination group of the notified body established in accordance with Article 52, or shall ensure that their staff are the assessment is informed in this respect, and shall apply in the form of general guidelines the decisions and administrative documents resulting from the work of the group.

Article 43. Presumption of conformity.

A conformity assessment body is presumed to comply with the requirements set out in the previous Article when it demonstrates that it meets the criteria laid down in the applicable harmonised standards for which references are have been published in the Official Journal of the European Union and to the extent that those harmonised standards cover the requirements of Article 42.

Article 44. Request for notification.

1. The conformity assessment bodies established in Spain shall submit a request for notification to the General Directorate of the Merchant Navy.

2. The application referred to in paragraph 1 shall be accompanied by a description of the conformity assessment activities, the conformity assessment module (s) and the product (s) for which the conformity assessment body (s) is to be considered. competent as well as a certificate of accreditation, if any, issued by a national accreditation body stating that the conformity assessment body complies with the requirements laid down in Article 42.

3. If the conformity assessment body in question is unable to provide an accreditation certificate, it shall provide the General Directorate of the Merchant Navy with all the documentary evidence necessary to verify, recognise and monitor regularly meeting the requirements laid down in Article 42.

Article 45. Notification procedure.

1. The General Directorate of the Merchant Navy may only notify conformity assessment bodies that they have satisfied the requirements laid down in Article 42.

2. The Directorate-General of the Merchant Navy shall notify the Commission and the other Member States of the electronic notification system developed and managed by the Commission.

3. The notification shall include details of the conformity assessment activities, the module (s) of assessment of the conformity assessment, the product (s) in question and the corresponding certification of the conformity assessment (s). competence.

4. If the notification is not based on the accreditation certificate referred to in Article 45.2, the Directorate-General of the Merchant Navy shall transmit to the Commission and the other Member States documentary evidence demonstrating the competence of the the conformity assessment body and the existing provisions to ensure that the body is regularly monitored and that the body will continue to meet the requirements laid down in Article 42.

5. The body covered by the notification may only carry out the activities of a notified body if no objection has been raised by the Commission or the other Member States within two weeks of the notification, in the event that the notified body is use an accreditation certificate, or two months from the notification, in the event that the accreditation is not used.

Only that body will be considered a notified body for the purposes of this royal decree.

6. The Commission and the other Member States shall be informed of any relevant changes after the notification.

Article 46. Identification numbers and lists of notified bodies.

The Merchant Marine Directorate-General shall assign an identification code to the notified bodies which have been authorised by it or by other notifying authorities of the European Union to carry out assessments of the Subsequent to the manufacture of the product.

Article 47. Changes to notifications.

1. If the Directorate-General of the Merchant Navy finds or is informed that a notified body no longer complies with the requirements laid down in Article 42 or is failing to comply with its obligations, it shall restrict, suspend or revoke the notification, as appropriate, in the light of the seriousness of the non-compliance with those requirements or obligations and shall immediately inform the other Member States and the Commission thereof.

2. In the event of a restriction, suspension or revocation of the notification, or if the notified body has ceased its activity, the Directorate General of the Merchant Navy shall take appropriate measures to ensure that the files of that body are processed by another notified body or made available to the responsible notifying and market surveillance authorities where they so request.

Article 48. Operational obligations of notified bodies.

1. Notified bodies shall carry out conformity assessments in accordance with the conformity assessment procedures laid down in Articles 33 to 41

2. Conformity assessments shall be carried out in a proportionate manner, avoiding unnecessary burdens on economic operators and private importers. The conformity assessment bodies shall carry out their activities taking due account of the size of the undertakings, the sector in which they operate, their structure, the degree of complexity of the product technology and the mass or in series of the production process.

To do so, they will in any case respect the degree of rigour and the level of protection required for the product to comply with the provisions of this royal decree.

3. If a notified body finds that a manufacturer or a private importer has failed to comply with the requirements laid down in Article 5 (1) and Annex I or in the relevant harmonised standards, it shall ask the manufacturer or the importer (a) to take appropriate corrective action and not to issue the certificate of conformity.

4. If, in the course of the supervision of conformity following the issue of the certificate, a notified body finds that the product is no longer compliant, it shall require the manufacturer to take the appropriate corrective measures and, if necessary, suspend or revoke the certificate.

5. If no corrective action is taken or the corrective action is not taken, the notified body shall restrict, suspend or revoke any certificate, as appropriate.

Article 49. Reporting obligations of notified bodies.

1. Notified bodies shall communicate to the Directorate-General of the Merchant Navy:

a) Any denial, restriction, suspension, or revocation of certificates;

b) Any circumstances affecting the scope and conditions of notification;

(c) Any request for information that they have received from market surveillance authorities in relation to conformity assessment activities;

(d) Upon request, the conformity assessment activities carried out within the scope of its notification and any other activities carried out, including cross-border activities and subcontracting.

2. The notified bodies shall provide the other notified bodies in accordance with this royal decree and the notified bodies existing in other Member States of the European Union in accordance with their respective legislation, to carry out similar conformity assessment activities and to evaluate the same products, any relevant information on issues related to negative results and positive results of the conformity assessment, prior to request.

Article 50. Resources.

The decisions of the notified bodies may be challenged before the competent regional authorities, in accordance with the procedure laid down in Articles 16.2 of the Industry Law, and subject to the provisions of the Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, and in the sectoral legislation, which are applicable.

Article 51. Coordination of notified bodies.

The Autonomous Communities and the Directorate General of the Merchant Navy will ensure that, for the convenient management and proper coordination and cooperation between the notified bodies under this royal decree, in form group or sectoral groups of notified bodies, the notified bodies participate in the activities of the groups which, for this purpose, exist at the level of the European Union.

They shall ensure that the bodies they have notified participate in the work of these groups, either directly or through designated representatives.

Article 52. Subcontracting and subsidiaries of notified bodies.

1. The notified body which subcontracts specific tasks relating to conformity assessment or recourse to a subsidiary shall ensure that the subcontractor or the subsidiary complies with the requirements laid down in Article 42 and shall inform consequently to the General Directorate of the Merchant Navy.

2. The notified body shall assume full responsibility for the tasks performed by the subcontractors or the subsidiaries, irrespective of where they are based.

3. Activities may only be subcontracted or delegated to a subsidiary, subject to the consent of the client.

4. The notified body shall keep the relevant documents on the assessment of the qualifications of the subcontractor or the subsidiary, as well as the work carried out by them in accordance with Article 3, at the disposal of the Directorate-General of the Merchant Navy. Articles 33 to 41 of this royal decree.

CHAPTER XII

Market surveillance, product control and safeguard procedure

Article 53. Control of products entering the European Union market.

The surveillance of products entering the market shall be governed by the provisions of Articles 15 (3) and 16 to 29 of Regulation (EC) No 765/2008 of the European Parliament and of the Council laying down the requirements for of market accreditation and market surveillance relating to the placing on the market of the products, and the provisions of the following Articles of this Chapter.

Article 54. Procedure in the case of products posing a national risk.

1. When the Spanish market surveillance authorities other than the Directorate General of the Merchant Navy have sufficient grounds to consider that a product of those regulated by this royal decree poses a risk to the health or the the safety of the persons, for the goods or the environment, shall immediately communicate it to the General Directorate of the Merchant Navy, which will have an evaluation of the product, in accordance with the requirements to the effect established in this royal decree, for which the economic operators or the private importer of the product shall cooperate with the surveillance authorities.

2. If in the course of the evaluation the General Direction of the Merchant Navy finds that the product does not meet the requirements demanded by this royal decree referring to the marketing of a product will ask the economic agent to (a) it has made the necessary corrective measures to adapt the product to the requirements referred to above or to withdraw or recall it within a reasonable period of time, proportionate to the nature of the risk involved; authority to point.

3. If in the course of the evaluation the General Direction of the Merchant Navy finds that the product does not meet the requirements demanded by this royal decree referring to its import will inform the private importer of the measures appropriate corrective action to be taken by the product to comply with those requirements, consisting of the suspension of the placing in service of the product or the suspension of its use, in a manner proportionate to the nature of the risk, informing the relevant notified body accordingly.

4. In any event, Article 21 of Regulation (EC) 765/2008 shall apply to the measures referred to in paragraphs 2 and 3.

5. Where the Directorate-General of the Merchant Navy considers that the non-conformity is not limited to the national territory, it shall inform the Commission and the other Member States of the Union of the results of the assessment and of the measures imposed on the corresponding economic operator. The information shall be submitted by means of the immediate communication referred to in Article 19 of Royal Decree 1801/2003 of 26 December 2003 on general product safety.

6. Economic operators and importers shall ensure that the corrective measures referred to in the preceding paragraphs in relation to products which they have placed on the market or imported are taken.

7. If the economic operators or private importers do not take appropriate corrective action within the time period that would have been indicated, the competent surveillance authorities shall take the necessary provisional measures for, as appropriate, prohibit or restrict the placing on the market of the product, to withdraw it from the market or to recall it, and to prohibit the placing on the market or use of the product, by informing the Commission and the Member States of such measures. members.

8. The measures referred to in this Article must be adapted, subject to formal notice and hearing, to the person concerned, who may make all the arguments he considers relevant, in accordance with the legislation of the common administrative procedure.

9. The information referred to in paragraph 7 shall include all the details available with a special mention of the data necessary for the identification of the product and its origin, the nature of the alleged non-conformity and the the risk posed and the nature and duration of the measures taken, as well as a copy of the claims made by the economic operator or the private importer referred to in paragraph 1.

10. In addition to the information referred to in the above paragraph, specific mention should be made of whether the lack of conformity is due to one of the following reasons:

(a) that the product does not meet the requirements related to the health or safety of the persons or the requirements for the protection of the goods or the environment, established in this royal decree.

(b) There are deficiencies in the harmonised standards referred to in Article 28 which attribute a presumption of conformity.

11. If, within three months, after receipt of the information referred to in paragraph 4 and following, no Member State of the European Union or the Commission shall object to the provisional measures taken by the Commission. Spanish authorities, such measures shall be considered justified and shall be valid for full validity.

Article 55. No formal compliance.

1. Without prejudice to the provisions of the foregoing Article, the competent market surveillance authorities shall require the economic operator or the private importer to remedy the non-conformity of the product when they are found to produce one of the following: the following conditions.

(a) That the affixing of the CE marking infringes the provisions of Articles 30, 31 and 32.

(b) The CE marking has not been affixed in accordance with the provisions of Article 32.

c) That the declaration of conformity or the declaration in Annex III has not been established or that these declarations have not been made correctly.

d) That the technical documentation is not available or incomplete.

e) That the information that is the object of Article 11 and 20 has been omitted, false, or incomplete.

f) That the remaining administrative requirements for manufacturers and importers are not met.

2. If the lack of conformity referred to in the preceding paragraph persists, the competent surveillance authorities of the market shall take all necessary measures to restrict or prohibit the placing of the product on the market, as appropriate. or to ensure that it is recovered or withdrawn from the market and, in the case of imported products for its own use by a private importer, that such use is prohibited or restricted.

Article 56. Market surveillance, product control and safeguard procedures.

The General Directorate of the Merchant Navy, in addition to its obligations under the previous Article, as well as those inherent in its status as a notifying authority referred to in Article 6, shall assume responsibility for the following obligations in particular to market surveillance:

a) If you check that any of the products included in the scope of this royal decree, which complies with the requirements demanded by it and which is used according to the purpose for which it has been manufactured, can endangering the health or safety of persons, property, maritime safety, navigation or human life at sea, or the integrity of the marine environment, the Directorate-General of the Merchant Navy shall adopt the measures in question precise to prevent their use in waters where Spain exercises sovereignty, sovereign rights or jurisdiction and, where appropriate, to be withdrawn from the market or restricted to placing it on the market.

b) If you check that a product of those regulated by this royal decree incorporates the CE marking without complying with the essential safety requirements, the General Direction of the Merchant Navy will initiate the corresponding procedure administrative sanctioning, in accordance with the provisions of Title IV, of book III, of the recast text of the Law of State Ports and the Merchant Navy.

(c) If the Directorate-General of the Merchant Marine, or other Spanish market surveillance authority, considers that the harmonised standards referred to in Article 28 do not fully comply with the essential requirements to which it is refers to Article 5.1, which shall give the European Commission a reasoned notification.

CHAPTER XIII

Sanctioning Regime

Article 57. Rules applicable in the sanctioning field.

The administrative offences to which this royal decree has taken place shall be sanctioned by the Autonomous Communities, in accordance with their specific legislation, without prejudice to the sanctioning powers established in the Title V of the Law on Industry with respect to those conduct which constitute offences established in that Law. However, the violations that occur within the scope of article 56 or affect the management of the marine traffic, to the marine safety, the navigation, the human life in the sea and the prevention of the pollution of the marine environment shall be sanctioned in accordance with the provisions of Title IV of book III of the recast text of the Law of State Ports and the Merchant Navy.

Single additional disposition. Vessels with LPG fuel engines.

1. Recreational craft with engines adapted to the use of LPG fuels shall be governed by the provisions of this royal decree.

2. The periodic inspections of these vessels shall be carried out in accordance with the provisions of Royal Decree 1434/1999 of 10 September establishing the recognition and inspection of recreational craft to ensure the the safety of human life at sea and the conditions to be met by the collaborating entities for inspection.

Single transient arrangement. Transitional period.

1. The products covered by Royal Decree 2127/2004 of 29 October 2004 governing the safety requirements of recreational craft, nautical motorbikes, their components and their components may be placed on the market and put into service. exhaust and noise emissions from engines, provided that the products have been placed on the market or put into service before 18 January 2017.

2. Likewise, the placing on the market or the putting into service of propulsion engines of spark-ignition outboard, of a power equal to or less than 15 kW, which respect the emission limits for stage I escapes set out in the Annex, shall not be prevented. I, Part B, point 2.1 and which have been manufactured by small and medium-sized enterprises as defined in Commission Recommendation 2003 /361/EC and introduced into the market before 18 January 2020.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree. In particular, the Royal Decree 2127/2004 of 29 October 2004 on the safety requirements for recreational craft, nautical motorbikes, their components and the exhaust and noise emissions of their products is hereby repealed. engines.

Final disposition first. Incorporation of European Union law.

This royal decree incorporates into Spanish law the Directive 2013 /53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and jet skis, which is repealed Directive 94 /25/EC.

Final disposition second. Competence title.

This royal decree is issued under Articles 149.1.10. and 149.1.13. of the Spanish Constitution, which attribute to the State exclusive competence, respectively, on foreign trade and on the bases and coordination of the general planning of economic activity. Furthermore, the regulation of the technical and safety requirements of nautical motorcycles, sports boats and their components is covered by Article 149.1.20. of the Constitution, which establishes the exclusive powers of the State in matters of merchant marine.

Final disposition third. Regulatory enablement.

1. The Minister of Public Works is empowered to lay down detailed rules for the development and application of the provisions of this royal decree, as well as to introduce any amendment to the Annexes, provided that the latter is of a purely technical and/or recommended by a legal instrument of the European Union.

2. The Minister for Development is hereby authorised to develop the technical and inspection arrangements for recreational craft with engines adapted to the use of LPG fuel.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on March 11, 2016.

FELIPE R.

The Minister of Development,

ANA MARIA PASTOR JULIAN

ANNEX I

Essential Requirements

A) Essential requirements for the design and construction of the products referred to in Article 2

1. Categories of vessel design

Design Category

Wind Force (Beaufort Scale)	Height significant wave (H, metros)
	A	Superior to 8.	Superior to 4.
B	Up to 8 included.
	Up to 6 included.	Up to 2 included.
D	Up to 4 included.	Up to 0.3 included.

Explanatory notes:

A. A recreational craft belonging to the design category A is considered to be designed for winds that can exceed force 8 (Beaufort scale) and waves of a significant height of 4 m or more, excluding abnormal situations such as: storms, storms, hurricanes, tornadoes and extreme sea conditions or giant waves.

B. A recreational craft belonging to the design category B is considered to be designed for winds of up to and including force 8 and waves of significant height up to and including 4 m.

C. A recreational craft belonging to the design category C is considered to be designed for winds of up to and including force 6 and waves of significant height up to and including 2 m.

D. A recreational craft belonging to the design category D is considered to be designed for winds of up to and including force 4 and waves of significant height up to and including 0,3 m, and occasionally waves of 0,5 m of maximum height.

In each design category, the craft must be designed and constructed to withstand these parameters with regard to the stability, buoyancy and other essential requirements listed in this Annex and must have good manageability characteristics.

2. General requirements

2.1 Identification of vessels. Each vessel shall bear an identification number which shall contain the following information:

a) the manufacturer's country code;

(b) the unique code of the manufacturer assigned by the competent Spanish authority or by an authority of a Member State;

c) a single serial number;

d) the month and year of production;

e) the model year.

The detailed requirements for the identification number referred to in the first subparagraph shall be laid down in the relevant harmonised standard.

2.2 Chapa of the boat manufacturer. Each vessel shall carry a sheet mounted permanently and separately from the vessel identification number, which shall include at least the following information:

a) The name of the manufacturer and its registered trade name or registered trademark as well as its contact address.

(b) CE marking as provided for in Articles 30 to 32.

c) Boat design category in accordance with Section 1.

(d) Maximum load recommended by the manufacturer according to paragraph 3.6, excluding the weight of the contents of the filled fixed tanks;

e) Number of people recommended by the manufacturer for which the craft is designed.

In the case of post-manufacturing assessment, the contact details and requirements referred to in point (a) shall include those of the notified body which has carried out the conformity assessment.

2.3 Prevention of fall by the board and means to climb back on board. The vessel shall be designed in such a way as to minimise the danger of falling overboard and in such a way as to facilitate the person who has fallen on board to be brought back on board. The person who is in the water must, without assistance, be able to access means that allow him to return on board, or to be able to deploy them.

2.4 Visibility from the main government post. In the case of recreational craft, the person who governs them, from the main government post and under normal conditions of use (speed and load), shall have a good visibility of 360 °.

2.5 Manual of instructions. Any product shall have an instruction manual in accordance with Article 16. This manual shall contain all the information necessary for the safe use of the product, with particular emphasis on assembly, maintenance, normal operation, risk prevention and risk management.

3. Requirements regarding integrity and construction characteristics

3.1 Structure. The materials chosen and 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 Section 1 and the maximum recommended load for the vessel. manufacturer in accordance with point 3.6.

3.2 Stability and Francobordo. The vessel shall have sufficient stability and freeboard taking into account its design category in accordance with Section 1 and the maximum load recommended by the manufacturer according to paragraph 3.6.

3.3 Flotability. The vessel shall be constructed in such a way as to ensure adequate buoyancy characteristics according to its design category according to Section 1, and the maximum load recommended by the manufacturer according to paragraph 3.6. All habitable multi-hull recreational craft capable of being flown shall be designed in such a way that they have sufficient buoyancy to remain afloat in the inverted position.

Ships of less than six metres in length which can be flooded when used according to their design category shall be equipped with suitable flotation means in order to float in the event of a massive inflow of water.

3.4 Aberts in the hull, the cover and the superstructure. Once closed, the openings in the hull, deck or decks and the superstructure shall not endanger the structural integrity of the vessel or its tightness.

Windscreens, hammers, doors and hatch covers will withstand the foreseeable pressure of water in their specific positions, as well as the point loads produced by the weight of people who are 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 Point 3.6, shall be provided with easily accessible closing elements.

3.5 Mass water input. Each vessel must be designed in such a way as to minimise the risk of shipwreck.

If applicable, special attention should be paid:

(a) To bathtubs and wells, which must be self-driving or have other means to prevent water from penetrating the watercraft.

b) To the ventilation systems.

c) To the achique of water by suitable pumps or other means.

3.6 Maximum load recommended by the manufacturer. The maximum load recommended by the manufacturer [fuel, water, provisions, miscellaneous equipment and persons (in kilograms)], for which the vessel has been designed, shall be determined in accordance with its design category (section 1), stability and freeboard (point 3.2) and buoyancy (point 3.3).

3.7 Estiba of life rafts. Any recreational craft of design categories A and B, and any recreational craft of design 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 capacity sufficient for the number of persons recommended by the manufacturer for which the recreational craft has been designed. The point or stowage points of life rafts must be easily accessible at all times.

3.8 Evacuation. Any multi-case habitable recreational craft capable of being turned over shall be provided with effective means of escape in case of a rollover. If an effective means of disposal is available to enable the vessel to be placed in an inverted position, it shall not compromise the structure (point 3.1), the stability (point 3.2) or the buoyancy (point 3.3) whether the vessel is recreation is adrized as in inverted position.

All habitable recreational craft shall be provided with effective means of evacuation in the event of fire.

3.9 Fondeo, tie and trailer. Each vessel, taking into account its design and characteristics category, shall be fitted with one or more anchorage points or other means of anchorage, without prejudice to the safety, anchorage, mooring or trailer of loads.

4. Handling features

The builder will ensure that the handling characteristics of the vessel are suitable for the most powerful of the propulsion engines for which the vessel is designed and constructed. The maximum rated power of all propulsion engines shall be declared in the instruction manual in accordance with the harmonised standard.

5. Requirements for equipment and their installation

5.1 Engine engines and compartments.

5.1.1 Engines installed on board. Any engine fitted on board shall be placed inside a closed enclosure and isolated from the room area and shall be installed in such a way as to minimise the danger of fire or fire spread in the rooms and the risk of fire. exposure to toxic exhaust fumes, heat, noise, or vibrations in the room area.

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

The insulating materials within the engine compartment shall be non-combustible.

5.1.2 Ventilation. The engine compartment shall be ventilated. The water inlet to said compartment is minimized by the openings.

5.1.3 Parts uncovered. 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 can cause bodily injury shall be adequately protected.

5.1.4 Booting of the propulsion engine. Any propulsion engine fitted to a craft shall be fitted with a device which prevents the engine from being started with a gear, except:

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

5.1.5 Nautical modes in operation without a driver. Nautical motorcycles shall be designed either with an automatic power-off device of the propulsion engine, or with an automatic mechanism that produces a circular motion and progress at reduced speed when the driver descends voluntarily or fall into the water.

5.1.6 Cane-controlled outboard propulsion engines shall be equipped with an emergency stop device that can be connected to the helmsman.

5.2 Fuel.

5.2.1 Generalities. The filling, storage, ventilation and fuel supply devices and installations shall be designed and installed in such a way as to minimise the fire and explosion hazards.

5.2.2 Fuel deposits. 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 gasoline deposits will be ventilated.

Petrol tanks will not be part of the hull and must:

(a) Be protected against the risk of fire of any engine or any other source of inflammation.

b) Be isolated from the room zone.

Diesel fuel tanks may form part of the hull.

5.3 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 electrical circuits, except for the start of the engine, powered by batteries, shall remain safe even if they are subject to overload.

Propulsion electrical circuits shall not interact with other circuits so that none of them stops functioning as it should.

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

5.4 Governance system.

5.4.1 Generalities. The government control and propulsion systems shall be designed, constructed and installed in such a way as to enable the transmission of the load of government under foreseeable operating conditions.

5.4.2 Emergency devices. Any sailing craft and any non-sailing recreational craft with a single propeller propulsion engine equipped with remote steering gear systems shall be provided with emergency means for the government of the recreational craft to reduced speed.

5.5 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 leakage. The materials and components shall be suitable for the gas used and to withstand the forces and aggressions of the marine environment.

Any gas appliance that the manufacturer has intended for the application for which it is used shall be installed in accordance with the manufacturer's instructions. 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. An adequate 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 will have ventilation to the outside, so that any gas escape goes overboard.

In particular, permanently installed gas appliances will be tested after installation.

5.6 Fire protection.

5.6.1 Generalities. Account shall be taken of the danger of fire and spread of fire when the equipment is installed 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.

5.6.2 Fire equipment. Recreational craft shall be fitted with fire equipment appropriate to the risk of the fire, or the position and capacity of the fire equipment appropriate to the risk of the fire shall be indicated. 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. 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 pleasure craft.

5.7 Lights, marks and acoustic navigation signals. In the event of lamps, markings and acoustic signs of navigation being installed, they shall comply with the rules of the Convention on the International Regulations for the Prevention of Collisions At 1972 (COLREG 1972) or, if appropriate, of the European Code of the Vies of Inland Navigation (CEVNI).

5.8 Prevention of discharges and facilities 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.

Any toilet installed on a recreational craft shall be connected exclusively to a system of retention or treatment of waste water.

Recreational craft with holding tanks shall have a universal connection to land that allows the conduit of the reception facilities to be coupled to the discharge line of the recreational craft.

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

B) Essential requirements for exhaust emissions from propulsion engines

Propulsion engines shall comply with the essential requirements for exhaust emissions set out in this Part.

1. Identification of the propulsion engine

1.1 Each engine will clearly bear the following information:

a) Name, registered trade name or registered trademark and contact address of the engine manufacturer and, if applicable, name and contact address of the person who has adapted the engine.

b) Type of engine and, if applicable, family.

c) A single serial number of the engine.

(d) CE marking as provided for in Article 32.

1.2 The marking of the information referred to in point 1.1 shall be resistant during the normal life of the engine and shall 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.

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

1.4 Such markings shall be positioned so as to be easily visible once 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 point 2.1, Table 1, and point 2.2, tables 2 and 3.

2.1 Securities applicable for the purposes of paragraph 2 of the single transitional arrangement and in point 2.2, table 2:

Table 1

(g/kWh)
Type	Monoxide Carbon CO = A + B/PN n			Hydrocarbons HC = A + B/P N n			Oxides Nitrogen NOx
A	B	n	A	B	n
	Two spark-on times.	150.0	600,0	1.0	30.0	100.0	0.75	10.0	No object.
Four spark-on times.	150.0	600,0	1.0	6.0	50.0	0.75	15.0	No object.
	5.0	0	0	1.5	2.0	0.5	9.8	1.0

A, B and n are constants according to the table, P_N is the rated power in kW.

2.2 Values applicable from the entry into force of this royal decree:

Table 2. Limit values for exhaust emissions from compression-ignition (CI) engines⁽²⁾

cylindrical SV (L/cyl)	Nominal power of the engine PN (kW)	Particles PT (g/kWh)	Hydrocarbons + oxides Nitrogen HC + NOX (g/kWh)
SV < 0.9	PN < 37	The values mentioned in the Table 1
	37 ≤ PN < 75	0.30	4.7
	75 ≤ PN < 3700	0.15	5.8
≤ SV < 1,2	N < 3700	0.14	5.8
≤ SV < 2.5		5.8
2.5 ≤ SV < 3.5		0.12	5.8
3.5 ≤ SV < 7.0		0.11	5.8

(*) Alternatively, compression-ignition engines with a maximum rated power of 37 kW or more and less than 75 kW and the cylinder capacity of which is less than 0,9 l/cylinder shall not exceed an emission limit Particulate matter (PT) of 0,20 g/kWh and a combined emission limit of hydrocarbons and nitrogen oxides (HC + NO_x) of 5,8 g/kWh.

(**) No compression-ignition engine must exceed a carbon monoxide (CO) emission limit of 5.0 g/kWh.

Table 3. Limit values for the exhaust emissions of spark-ignition engines (SI)

Type	Engine nominal power PN (kW)	Carbon Monoxide CO (g/kWh)	Hydrocarbons + Nitrogen oxides (g/kWh)
engines and installed on board.	PN ≤ 373	75	5
	373 < PN ≤ 485	350	16
	N > 485	350	22
Motoring engines and nautical motorcycle engines.	PN ≤ 4.3	500-(5.0 × PN)	30
	4.3 < PN ≤ 40	500-(5.0 × PN)
	N > 40	300

2.3 Test cycles. Test cycles and weighting factors to be applied:

The following requirements of ISO 8178-4:2007 shall be used, taking into account the values set out in the table below.

For compression ignition engines with variable speed the E1 or E5 test cycle shall be applied, or alternatively, for power engines greater than 130 kW, the E3 test cycle may be applied. For spark-ignition engines with variable speed, the E4 test cycle shall be applied.

Cycle E1, mode number

1	2	3	4	5
Speed	Nominal Speed		Speed intermediate		Ralenti
(%)	100	75	75	50	0

Weight Factor

Factor	0.08	0.11	0.19		0.32	0.3
	Nominal speed		Ralti
cycle, number mode	2			3	4		4
Speed, in%	100		91	80	63
			75	50	50	50	50	25
Factor	0.2		0.5	0.15	0.15
Cycle E4, mode number	1		2	3	4	5
Speed, in%	100		80	60	40	Ralenti
(%)	100		71.6	46.5
0.06		0.14	0.15	0.25
Cycle E5, Number Mode	1				4	5
			80	80	100	80	80	63	Ralti
Power, in%	100		75	50	25
0.08			0,13	0,13	0.17	0.32	0.3

Notified bodies may allow tests performed in accordance with other test cycles that are specified in a harmonised standard that are applicable to the engine operating cycle.

2.4 Application of the propulsion engine family and choice of the reference propulsion engine. The engine manufacturer shall be responsible for defining the engines of its range to be included in an engine family.

A parent engine of an engine family must be selected in such a way that its characteristics are representative of all engines of that family. The engine incorporating those characteristics which are expected to be translated into the higher specific emissions (expressed in g/kWh), when measured in the applicable test cycle, should be selected as the family reference engine.

2.5 Test fuel. The test fuel used to assess the exhaust emissions shall have the following characteristics:

Gasolines

40

Property	RF-02-99 No Lead		RF-02-03 No
		Min.	Max.	Min.	Max.
RON octane index	95	-	95	-
85		-	85	85	85	85	-
Density at 15 ° C (kg/m3)	748	762	740	754
Initial Boiling Point (in ° C)	24	40	24	40
		100	-	10

Gasolines

Property	RF-02-99 No Lead		RF-02-03 No
Content (mg/l)	-		-	5
vapor pressure (in kPa)	56	60	-	-
Pressure (DVPE) (in kPa)	-		60
56

Gasoils

Property	RF-06-99		RF-06-03
	Min.	Max.	Min.	Max.
cetane Index	52	54	52	54
Density at 15 ° C (kg/m3)	833	837	833	837
End Boiling Point (in ° C)	-	370	-	370
Inflammation point (in ° C)	55	-	-
-
Sulfide Mass Fraction (mg/kg)	Indicate	-	10
Mass Fraction (%)	Indicate	0.01	-	0.01

Notified bodies may accept tests carried out with other test fuels specified in a harmonised standard.

3. Durability

The engine manufacturer shall provide instructions for the installation and maintenance of the engine, the application of which must assume that the normal service engine continues to comply with the limits set out in paragraphs 2.1 and 2.2. during the normal life of the engine 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 for all new engines when they are first introduced into the market.

The normal engine life period is as follows:

(a) in compression-ignition engines: 480 hours of operation or ten years, whichever occurs first;

b) in spark-ignition engines installed on board or mixed with or without integrated exhaust:

i. In category P engines_N ≤ 373 kW: 480 hours of operation or ten years, whichever occurs first.

ii. In engines of category 373 < P_N ≤ 485 kW: 150 hours of operation or three years, whichever occurs first.

iii. In category P engines_N > 485 kW: 50 hours of operation or one year, whichever occurs first;

(c) in motor vehicle engines: 350 hours of operation or five years, whichever occurs first;

d) in outboard engines: 350 hours of operation or ten years, whichever occurs first.

4. Instruction Manual

Each engine shall be accompanied by an instruction manual in the Spanish or English language.

The instruction manual must:

(a) Provide instructions for the installation, use and maintenance necessary to ensure the proper functioning of the engine in compliance with the requirements set out in Section 3 (Durability).

b) Specify the power of the calculated engine according to the harmonised standard.

C. Essential requirements for noise emissions

Recreational craft with an engine installed on board or mixed without integrated exhaust, nautical motorcycles, outboard engines and mixed engines with integrated exhaust shall comply with the essential requirements for emissions sound set out in this Part.

1. Sound emission levels

1.1 Recreational craft with engines fitted on board or mixed without integrated exhaust, nautical motorbikes, outboard engines and mixed exhaust engines shall be designed, constructed and assembled in a manner the noise emissions do not exceed the limit values set out in the table below:

power (single engine) in kW	Maximum sound pressure level = LpASmax in dB
PN ≤ 10	67
10 < PN ≤ 40
PN > 40	75

Being:

P_N = Nominal power of a single engine in kW at nominal speed.

L_pASmax = 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.

1.2 As an alternative to noise measurement tests, recreational craft with configurations of engines installed on board or mixed without integrated exhaust shall be deemed to comply with the requirements of established noise in point 1.1 if its Froude number is ≤ 1,1 and its power/displacement ratio is ≤ 40 and the engine and exhaust system are installed in accordance with the specifications of the engine manufacturer.

1.3 The "Froude number" F_n will be calculated by dividing the maximum speed of the recreational craft V (m/s) by the square root of the length at the lwl (m) flotation line, multiplied by the gravitational constant of the acceleration given, g of 9.8 m/s²:

The 'power/displacement coefficient' shall be calculated by dividing the nominal power of the engine P_N (in kW) by the displacement of the recreational craft D (in tonnes):

Power Coefficient/offset = P_N /D

2. Instruction Manual

For recreational craft with engines installed on board or mixed with or without integrated exhaust and nautical motorcycles, the instruction manual required in Part A, point 2.5, shall include the information necessary to maintain the recreational craft and the exhaust system under conditions which, in so far as it is practicable, ensure, in the context of normal use, compliance with the specified sound limit values.

For outboard engines and mixed engines with integrated exhaust, the instruction manual required in Section 4 of Part B shall provide the instructions necessary to maintain the engine under conditions which, in so far as where it is feasible, ensure that, in the context of normal use, compliance with the specified sound limit values.

3. Durability

The durability provisions set out in Section 3 of Part B shall apply mutatis mutandis to compliance with the noise emission requirements set out in Section 1 of this Part.

ANNEX II

Ship components

1. Fire protection in engines fitted on board and mixed petrol engines and in areas intended for petrol tanks.

2. A mechanism that prevents the start of the outboard engines when some of the gears are 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 from the manufacturer or importer of semi-finished vessels

The statement of the manufacturer or importer established in the Union referred to in Article 8 shall include the following data:

a) Name and address of the manufacturer.

(b) Name and address of the manufacturer's representative established in the Union or, where applicable, the person responsible for placing on the market.

c) Description of the semi-finished vessel.

(d) Declaration that the semi-finished vessel complies with the essential requirements for that stage of construction; references to the relevant harmonised standards used or references to the specifications for which conformity is declared at that stage of the construction; it shall also be specified that the vessel is intended to be terminated by other natural or legal persons in strict compliance with the provisions of the This Directive.

ANNEX IV

EU Declaration of Conformity n.^or xxxxx⁽¹⁾

(1) It is optional to attribute a number to the compliance declaration.

1. N. xxxxx (Product: product, batch, type, or serial number).

2. Name and address of the manufacturer or his authorised representative [in case of an authorised representative, also indicate the social reason and address of the manufacturer] or the private importer.

3. This declaration of conformity is issued under the sole responsibility of the manufacturer or the private importer or persons referred to in Article 33 (3) and (4) of this royal decree, and Article 19 (3) and (4). to Directive 2013 /53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and jet skis and repealing Directive 94 /25/EC.

4. Purpose of the declaration (identification of the product allowing traceability; may include a photo if applicable.

5. The purpose of the declaration described in point 4 is in accordance with the relevant Union harmonisation legislation.

6. References to the relevant harmonised standards used, or references to the other technical specifications for which conformity is declared.

7. If applicable, the notified body ... (Name, number) ... has carried out ... (description of the intervention) ... and issues the certificate.

8. Identification of the person empowered to sign on behalf of the manufacturer or his authorised representative.

9. Additional information. The EU declaration of conformity shall include a declaration by the manufacturer of the propulsion engine and the person who has adapted an engine in accordance with Article 10 (2), (3) and (4) that:

(a) The engine, once installed on a vessel according to the installation instructions provided with it, shall comply with:

i. The exhaust emission requirements of this Royal Decree.

ii. The limits of Directive 97 /68/EC as regards engines approved in accordance with Directive 97 /68/EC which are in conformity with the exhaust emission limits of stages III A, III B or IV in compression ignition engines used in applications other than the propulsion of inland waterway vessels, locomotives and railcars, as set out in point 4.1.2 of Annex I to that Directive, or

iii. The limits of Regulation (EC) 595/2009 as regards engines approved in accordance with that Regulation.

(b) The engine may not be put into service until the vessel in which it is to be installed is declared as necessary, if necessary, with the relevant provision of this Directive.

If the engine has been placed on the market in the additional transitional period provided for in paragraph 2 of the single transitional arrangement, the EU declaration of conformity shall indicate this.

Signed by and on behalf of

(Place and date of issue)

(Name, Charge) (Signature)

ANNEX V

Equivalent compliance on the basis of post-build assessment (EPF Module)

1. The assessment of the post-manufacturing conformity is the procedure for assessing the equivalent conformity of a product where the manufacturer has not taken the responsibility for the conformity of the product with the In this royal decree, and by which a natural or legal person under Article 34 of it, which introduces the product to the market or puts it in service under its own responsibility, assumes responsibility for conformity equivalent of the product. That person shall comply with the obligations laid down in points 2 and 4 and shall ensure and declare under his sole responsibility that the product concerned, which complies with the provisions of point 3, is in conformity with the requirements laid down by this royal decree.

2. The person who places the product on the market or puts it into service shall submit to a notified body a request for a post-manufacturing report and shall provide the notified body with the documents and information. The technical requirements for the conformity of the product with the requirements required by this royal decree and any information available on the use of the product after its first entry into service.

The person who places the product on the market or puts it into service shall keep the technical information at the disposal of the competent authorities for a period of 10 years after the product has been evaluated. on its equivalent conformity in accordance with the post-manufacturing assessment procedure.

3. The notified body shall examine the product individually and shall carry out the calculations, tests and other evaluations required to ensure that the equivalent conformity of the product with the relevant requirements of this royal decree has proven.

The notified body shall draw up and issue a certificate and the corresponding conformity report for the assessment carried out and shall keep a copy of the certificate and the report of conformity at the disposal of the competent authorities for a period of 10 years from the date on which those documents were issued.

The notified body shall affix its identification number to the CE marking side of the approved product, or make it placed under its responsibility.

Where the product assessed is a vessel, the notified body must also have placed, under its responsibility, the vessel identification number referred to in point 2.1 of Part A of Annex I; the The country of establishment of the notified body shall be used to indicate the country of establishment of the notified body, and the fields provided for the unique code of the manufacturer assigned to it by the national authority of the Member State, for indicate the identification code of the post-manufacturing assessment assigned to the reporting body, followed by the serial number of the post-manufacturing assessment certificate. The fields of the identification number intended for the month and year of production and for the year of the model shall be used to indicate the month and year of the post-manufacturing assessment.

4. CE marking and EU declaration of conformity.

4.1 The person who places the product on the market or puts the product into service shall affix the CE marking and, under the responsibility of the notified body referred to in Section 3, the latter's identification number to the the product in respect of which the notified body has assessed and certified its equivalent conformity with the relevant requirements of this royal decree.

4.2 The person who places the product on the market or puts it into service shall make an EU declaration of conformity and keep it at the disposal of the national authorities for a period of 10 years from the date of issue of the post-manufacturing assessment certificate. The EU declaration of conformity shall identify the product for which it has been established.

A copy of the EU declaration shall be provided in accordance with the competent authorities requesting it.

Where the product assessed is a vessel, the person who places it on the market or puts it into service shall affix the manufacturer's plate as described in point 2.2 of Part A of Annex I to Annex I. shall contain the words 'post-manufacturing assessment' and the vessel identification number as described in point 2.1 of Part A of Annex I, in accordance with the provisions of Section 3.5. The notified body shall inform the person who places the product on the market or puts it in service of its obligations under that post-manufacturing assessment procedure.

ANNEX VI

Additional requirements in case of use of the internal control of production and supervised production tests provided for in Module A1 (Article 40 (2)

Design and Construction. In one or more of the vessels representative of the manufacturer's production, this or other person on behalf of the manufacturer shall carry out one or more of the following tests, equivalent calculations or controls:

a) Stability test according to Annex I, Part A, point 3.2.

b) Buoyancy test according to Annex I, Part A, point 3.3.

Noise emissions. In the case of recreational craft fitted with engines fitted on board or mixed without integrated exhaust and for nautical motorcycles, the manufacturer of the vessel or other person on behalf of the vessel shall carry out the tests on noise emissions. set out in Part C of Annex I to one or more vessels representative of their production and under the responsibility of a notified body chosen by the manufacturer.

With regard to outboard engines and mixed engines with integrated exhaust, the engine manufacturer or other person on behalf of the engine shall carry out the sound emission tests set out in Part C of Annex I to the Directive. several engines of each engine family representative of their production and under the responsibility of a 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 VII shall be applied to ensure the conformity of the sample.

ANNEX VII

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 shall be deemed to conform to the requirements ("approval decision") if the following condition is met:

X + k.S ≤ L

S is the standard deviation, where:

S² (x-X)² /(n-1).

X = the arithmetic mean of the results obtained from the sample.

x = the individual results obtained from the sample.

L = the corresponding limit value.

n = the number of engines in the sample.

k = n-dependent statistical factor (see table below).

n

0.613

12

k
2	3
	4	0.489
	5	0.421
6	0.376
7	0,342
8	0.317
9	0.296
10	0.279
11	0.265
0.253
13	0.242
		0.233
15	0.224
16	0.216
17	0.210
18	0.203
		0.198

If n ≥ 20, then k 80860/n.

ANNEX VIII

Additional procedure applicable in the framework of conformity with type based on internal control of production (module c)

In the cases referred to in Article 40 (5), where the quality level is unsatisfactory, the following procedure shall apply:

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

ANNEX IX

Technical documentation

To the extent necessary for the assessment, the technical documentation referred to in Article 11 (2) and Article 41 shall contain the following elements:

a) A general description of the model.

b) Design and manufacturing plans, as well as the schemas of the relevant components, subassemblies, circuits and other data.

(c) the 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 28, applied in part or in full; as well as descriptions of the solutions adopted to meet the essential requirements in case the standards referred to in Article 28 have not been applied.

d) The results of the design calculations performed, the controls performed and other relevant data.

(e) Reports of tests or calculations, in particular of stability according to Annex I, Part A, point 3.2, and buoyancy according to Annex I, Part A, point 3.3.

(f) The test reports on exhaust emissions that demonstrate compliance with Section 2 of Part B of Annex I.

g) Reports of sound emission tests demonstrating compliance with Section 1 of Part C of Annex I.