Regulation (2016:98) On Recreational Craft And Personal Watercraft

Original Language Title: Förordning (2016:98) om fritidsbåtar och vattenskotrar

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2016:98

Scope and content



section 1 of this Regulation shall apply to products covered by the law (2016:96) on recreational craft and personal watercraft.

The regulation also contains provisions on market surveillance which is complementary to the European Parliament and Council Regulation (EC) no 765/2008 of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93. Terms and expressions used in the Act on recreational craft and personal watercraft have the same meaning in this regulation.



section 2 of the Swedish Transport Agency may announce further provisions concerning the equipment of recreational craft and personal watercraft, when equipment is placed separately, to be covered by the Act (2016:96) on recreational craft and personal watercraft.



The Transport Board may provide for the recreational craft, personal watercraft and other products which act on recreational craft and personal watercraft are not to be applied.



Basic safety and environmental requirements



paragraph 3 of the Transport Board may provide for the basic safety and environmental requirements to be met by the products covered by the law (2016:96) on recreational craft and personal watercraft when the products are made available on the market or put into service.



The Swedish Transport Agency may provide that products referred to in paragraph 5 of the law on recreational craft and personal watercraft may be exempted from the requirements of the Act and laying down the procedures for the exceptions.



Conformity assessment



section 4 of the Swedish Transport Agency may provide for the procedure for assessment of conformity with the essential safety and environmental requirements, and the content of the technical documentation that can be used as a basis for the assessment of conformity.



Declaration of conformity and other assurance



5 § the Swedish Transport Agency may provide the form and content of the Declaration of conformity and other assurance that accompanies a product.



CE-marking



section 6 of the Transport Board may announce details relating to the CE marking of products covered by this regulation.



Documentation supplied with the product



section 7 of the Transport Board may provide for the information and documentation referred to in article 9 of the Act (2016:96) on recreational craft and personal watercraft.



Loss prevention obligations



section 8 Transport Board may provide for manufacturers ' and importers ' obligations to conduct injury prevention in order to get knowledge of the risks of the products they have supplied.



Identification of actors



9 § Transport Board may provide for the information manufacturers, manufacturers representatives, importers, distributors and privatimportörer should be able to leave to a market supervisory authority with regard to the identification of actors who have delivered or received a product.



Transfer of manufacturers ' obligations to another operator

section 10 of the Transport Board may provide for requirements on the content and scope of a written power of attorney where a manufacturer appoints a representative to perform the tasks specified in the mandate.



section 11 of the Transport Board may provide for the procedure for the assessment of conformity with the requirements when the products referred to in section 24 of Act (2016:96) on recreational craft and personal watercraft are placed on the market or put into service.



Market surveillance and other information



section 12 of the Swedish Transport Agency exercising market supervision according to the law (2016:96) on recreational craft and personal watercraft and to be a market supervisory authority in accordance with Regulation (EC) no 765/2008 relating to products covered by the law on recreational craft and personal watercraft. The Swedish Transport Agency to apply Regulation (EC) no 765/2008, within this area of responsibility, perform the tasks arising from article 18(2), 20-22, 23(2) and 24.4.



The Swedish Transport Agency may also destroy or otherwise make the products covered by the law on recreational craft and personal watercraft unusable in accordance with article 29, paragraph 4 of the same regulation.



Provisions on information and cooperation between agencies with regard to market surveillance are in Regulation (2014:1039) if market surveillance of products and other related market surveillance.



section 13 Transport Board shall when appropriate and for Sweden's count to object to a decision that a market surveillance authority of a Member State has taken on the ban, limited supply, withdrawal or recall from the market of recreational craft, personal watercraft and other products of the market surveillance authority is deemed to be a risk at national level. Transportation Board shall promptly inform the Government on the opposition and the reasons for it.



Transportation Board shall at the request of the European Commission shall consult with the Commission and the other Member States as regards decisions on products deemed to pose a risk at national level of the Transport Board or of a market surveillance authority in another Member State.



section 14 of the Swedish Transport Agency responsible for assigning a unique code that identifies the manufacturer of recreational craft and personal watercraft and to assign the identifier for the bodies that have been approved by a notifying authority to carry out assessment of the completed product.



Fees



15 § the Swedish Transport Agency may provide for fees pursuant to section 29 of the Act (2016:96) on recreational craft and personal watercraft and regulations on fees for the issue of a manufacturer code and the identification code of the notified body referred to in section 14. Such fees may be charged by the operators is responsible for ensuring that the product meets prescribed requirements when product provided or placed on the market or put into service. The fees shall be determined up to full cost recovery.



Appeal



section 16 of the 22 AOF the Administrative Procedure Act (1986:223) provides for appeal to the General Administrative Court. Other decisions under this regulation than the Transportation Board's decision in accordance with the regulations made by virtue of section 15 may not be appealed.