Law (2016:96) On Recreational Craft And Personal Watercraft

Original Language Title: Lag (2016:96) om fritidsbåtar och vattenskotrar

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2016:96

General provisions



The law's content and purpose



section 1 of this Act is to protect human health and safety and environmental and consumer protection through provisions on the design and manufacturing requirements for products under this Act.



The scope of the law



section 2 of this Act shall apply to the following products as they are provided or placed on the market or put into service for sports and leisure purposes:



1. recreational craft and partly completed recreational craft,



2. personal watercraft and partially completed water scooters,



3. equipment of recreational craft and personal watercraft when the equipment is placed separately on the Union market;



4. propulsion engines which are installed or specifically intended for installation on or in recreational craft or personal watercraft, even when the engines undergo extensive changes, and



5. recreational craft and personal watercraft that is undergoing extensive reconstruction.



The Government or the authority that the Government may announce further provisions about what equipment to be covered by the law.



The Government or the authority that the Government may provide for the recreational craft, personal watercraft and other products that the law should not be applied.



To the extent that law shall be applied, should not ship safety Act (2003:364) applied.



Expression in law



section 3, for the purposes of this law



1. recreational craft: any type of water craft, regardless of the means of propulsion, which is intended for sports and leisure purposes of hull length and has a 2.5-24 m, with the exception of personal watercraft,



2. personal watercraft: a water craft intended for sports and leisure purposes whose hull length less than 4 metres, the primary power source is a propulsion engine with a water jet pump, which is designed to be operated by a person or persons sitting, standing or kneeling on a hull rather than inside,



3. propulsion engine: any internal combustion engines that are directly or indirectly intended for propulsion and who work according to spark or compression ignition,



4. extensive modification of the motor: changes to a propulsion engine that can make the engine exceeds established emission limit values for exhaust gases or which increases the rated engine power of more than 15%,



5. extensive remodeling of vessel: such a reconstruction of a water craft that change its means of propulsion, involves a major engine modification or change to such an extent that it possibly does not meet the relevant essential safety and environmental requirements set out in this Act;



6. "making available on the market: the supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;



7. the placing on the market ' means the first making available of a product on the EU market,



8. ' putting into service ' means the first time a product covered by this law used in the European Union by the end user,

9. "manufacturer" means any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under his name or trademark;



10. the manufacturer's representative: any natural or legal person established in the European Union who has received a written mandate from a manufacturer to the manufacturer's site to perform specified tasks, 11. "importer" means a natural or legal person established in the European Union and who places a product from a third country on the Union market;



12. privatimportör: a natural or legal person established in the European Union in connection with non-commercial imports a product from a third country to the Union in order to put it to use for its own benefit,



13. "distributor" means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market,



14. "harmonised standard" means a harmonised standard as defined in article 2(1)(c) of Regulation (EU) no 1025/2012 of 25 October 2012 on European standardisation, amending Council Directive 89/686/EEC and 93/15/EEC and European Parliament and Council Directive 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC, repealing Council decision 87/95/EEC and European Parliament and Council decision 1673/2006/EC,



15. recall: a measure aimed at achieving the return of a product that has already been made available to the end user,



16. withdrawal: a measure aimed at preventing a product in the supply chain from being made available on the market,



17. market surveillance "means the activities carried out and measures taken by the authorities to ensure that the products comply with the requirements set out in the relevant European Union harmonisation legislation and do not endanger health, safety or other aspects of public interest protection;



18. CE marking: marking by which the manufacturer indicates that the product complies with the relevant requirements of EU harmonisation legislation which stipulates that this mark shall be affixed;



19. "conformity assessment" means the process demonstrating whether the requirements of this Act and the regulations in connection with the law relating to a product has been met.



Requirements on recreational craft, personal watercraft and equipment Basic requirements



section 4 of the Products covered by this law shall only be made available on the market or put into service only if they, properly maintained and used in accordance with the intended purpose of the device, do not endanger the health and safety of persons, property or the environment and only on condition that they comply with the essential safety and environmental requirements.



The Government or the authority that the Government may provide for the basic safety and environmental requirements to be met.



section 5 of the Government or the authority that the Government may provide for the following products may be exempted from the requirements of this Act and on detailed conditions for exceptions:



1. partly completed recreational craft and personal watercraft;



2. equipment intended to form part of a recreational craft or personal watercraft,



3. propulsion engines which comply with the requirements of other legislation, and



4. products displayed at trade fairs, exhibitions, demonstrations, and similar events.



Presumption of conformity



section 6, a product that is in conformity with a harmonised standard or parts of a standard to which have been published in the official journal of the European Union, shall be presumed to be in conformity with the essential requirements referred to in paragraph 4 and the regulations that have been issued in connection with this provision, to the extent the requirements covered by the standard.



Declaration of conformity



paragraph 7 of a product covered by this law and made available on the market or put into service shall be accompanied by a declaration of conformity or of another declaration that the product complies with the applicable requirements.



The Government or the authority that the Government may provide for the form and content of a declaration of conformity and other assurances.



CE marking



section 8 a product covered by this law shall be CE-marked if it is offered on the market and put into service.



Provisions for the CE marking, see 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.



The Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution notify details relating to the CE marking of products covered by this law.



Documentation supplied with the product



§ 9 the Government or the authority that the Government may provide for obligations regarding information and documentation should be provided on or accompanying the product and relating to



1. the manufacturer and the notified body's identification labelling of the product,



2. the identity of the manufacturer and the importer, and



3. instructions and safety information the manufacturer and the importer shall ensure that the product is accompanied by.



Obligations of various actors



The manufacturer's specific obligations



section 10 When a manufacturer placing their product on the market, it shall ensure that the product complies with the essential requirements referred to in paragraph 4 and the regulations that have been issued in connection with the provision, carry out or have carried out the assessment of conformity. The manufacturer shall draw up technical documentation that can be the basis for the assessment of conformity.



The Government or the authority that the Government may provide for the procedure for the assessment of conformity and of the content of the technical documentation.



section 11 Of the conformity assessment indicates that the product complies with the applicable essential requirements, the manufacturer shall draw up a declaration under section 7 and the CE marking. The manufacturer is responsible, therefore, that the product is in conformity with the requirements.



The manufacturer shall keep the technical documentation and a copy of the declaration under section 7 for ten years after


product on the market.



section 12 of The manufacturers shall ensure that procedures are in place so that the primary requirements within the meaning of section 4 and the provisions made in connection with that provision are fulfilled at all manufacturing of the product.



The importer's specific obligations section 13 Before an importer places a product on the market shall ensure that the manufacturer has fulfilled its obligations under paragraphs 10 and 11 as well as the regulations issued in connection with § 9.



If the importer considers or has reason to believe that the product is not in conformity with the essential requirements referred to in paragraph 4 and the regulations issued in connection with the provision, he shall not place the product on the market until it meets the requirements. If the product is deemed to pose a risk, the manufacturer and the market surveillance authority shall be informed.



section 14 of an importer, for a market surveillance authority of the European Union to present a copy of the declaration under section 7 and, upon request, ensure that the authority has access to the technical documentation for a period of 10 years after the product has been placed on the market.



Distributor's specific obligations



section 15 Before a distributor makes a product available on the market, it shall verify that the product is CE marked according to § 8, accompanied by a declaration under section 7 and that the manufacturer and importer to fulfil its obligations under the regulations issued in connection with § 9.



If the Distributor considers or has reason to believe that the product is not in conformity with the essential requirements referred to in paragraph 4 and the regulations issued in connection with the provision, he shall not make the product available on the market until it meets the requirements. If the product is deemed to pose a risk, the manufacturer or importer and the market surveillance authority shall be informed.



The importer and the Distributor's obligations during storage and transport



section 16 of an importer or a Distributor, as long as he/she has the responsibility for a product, ensure that the storage or transport conditions do not jeopardise its compliance with the essential requirements referred to in section 4 and the provisions made in connection with that provision.



Manufacturer's and importer's loss prevention duties section 17 a manufacturer or an importer shall conduct an injury prevention in order to become aware of the risks of the products they made.



The Government or the authority that the Government may provide for manufacturers ' and importers ' obligations under the first subparagraph.



The manufacturer's, importer's or distributor's obligations for non-conformity of production



18 § a manufacturer or an importer considers or has reason to believe that a product which they have placed on the market is not in conformity with the requirements provided for in this Act or in the regulations announced in connection with the law, shall immediately take the corrective measures necessary to bring that product into conformity or, if appropriate, to withdraw it or recall it.



A withdrawal or a withdrawal of the product should have the content as set out in paragraphs 15 to 18, the product safety Act (2004:451). What is said there about withdrawal from the distributor shall instead refer to the withdrawal.



A distributor considers or has reason to believe that a product which they have made available on the market is not in conformity with the requirements provided for in this Act or in the regulations announced in connection with the Act shall ensure that the necessary corrective measures to bring that product into conformity or, if appropriate, to withdraw it or recall it.



section 19 of a manufacturer, an importer or a distributor considers or has reason to believe that a product which they have placed or made available on the market constitutes a risk shall immediately inform the competent market surveillance authorities in the Member States of the European Union where they made the product available to that effect, giving details, the shortcomings and the corrective measures taken.



Obligation to identify stakeholders



section 20 of the Government or the authority that the Government may provide for the information that manufacturers, manufacturers representatives, importers, distributors and privatimportörer shall submit to a market supervisory authority in respect of the identification of the operator who has supplied or received a product.



Situations where the manufacturer's obligations and duties are transferred or is transferred to another operator



section 21 of a manufacturer may, by a written mandate, appoint an agent who shall perform the tasks specified in the mandate.



The Government or the authority that the Government may provide for requirements on the content and scope of the mandate.



section 22 where an importer or a distributor makes a product available on the market under his name or trademark, takes over the importer or distributor the manufacturer's obligations set out in this Act and the regulations that have been issued in connection with the Act. The same is true for an importer or a Distributor, who modifies a product already placed on the market in such a way that compliance with the requirements of this Act and the regulations issued in connection to the Act can be affected.



section 23 if a manufacturer fails to fulfil his obligation for the conformity of the product with the requirements of this Act and the regulations in connection with the Act, to be a privatimportör before using this product to ensure that the product complies with the essential requirements referred to in paragraph 4 and the regulations issued in connection with the provision, as well as take over the manufacturer's obligations set out in sections 10 and 11 and rules given in connection with § 9 3.



section 24 of The placing on the market or putting into service of a product that has undergone a substantial change or upgrade, or whoever makes a product that is excluded from the scope of the act falls within the scope of the law, shall ensure that the product complies with the requirements of this Act and the regulations that have been issued in connection with the Act.



The Government or the authority that the Government may provide for the procedure for assessment of conformity with the requirements of the case referred to in the first subparagraph.



Notified bodies



section 25 of the regulations on conformity assessment can be found in the law (2011:791) on accreditation and technical control, and in the regulations announced in conjunction with the Act.



Such a body referred to in the first subparagraph may perform conformity assessment of products which are the subject of this Act only if the European Commission or any Member State of the European Union has not notified objections within two weeks after such notification referred to in paragraph 9, the law on accreditation and technical control has taken place.



Market control



Market surveillance authority



section 26 of the Provisions on market surveillance, see article 15(3) and 16 to 29 of Regulation (EC) no 765/2008.



Market surveillance shall be exercised by the Government authority determines.



Help from 27 of the Police at the request of the police authorities, the market surveillance authority shall give the necessary assistance when the market surveillance authority to take action under article 19 of Regulation (EC) no 765/2008, in the original wording, if



1. the particular circumstances give reason to suspect that the operation can not be performed without a police man's special powers under section 10 of the law on police (1984:387) need be resorted to, or 2. There are serious reasons.



Injunctions and prohibitions



section 28 of the market surveillance authority may notify the injunctions and prohibitions as needed to this Act and the regulations that have been issued in connection with the act as well as directly applicable legal acts which have been granted with the support of the European Parliament and Council Directive 2013/53/EU of 20 December 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC shall be complied with.



An injunction or prohibition referred to in the first subparagraph or a decision on the action referred to in article 19 of Regulation (EC) no 765/2008, in the original wording, to unite with the penalty unless for special reasons is unnecessary.



Market surveillance authorities may decide that its decision pursuant to the first subparagraph, and article 19 of Regulation (EC) no 765/2008, in the original wording, to take effect immediately.



Fees



section 29 of the Government or the authority that the Government may provide for fees for market surveillance under this law and in accordance with regulations issued under the law, as well as charges for market surveillance under Regulation (EC) no 765/2008, in the original wording.



Penalty



section 30 of the manufacturer, the manufacturer's representative, importer, distributor or privatimportör shall be required to pay a penalty if he or anyone acting on his behalf, either intentionally or negligently, have infringed any of paragraphs 10 to 19 or section 23, or against regulations given in connection with these paragraphs.



Penalty provided for in the first subparagraph for a privatimportör


may only be imposed if there are serious reasons.



Penalty shall not be imposed on someone for a violation of a prohibition or for a failure to comply with an order that has been joined with a penalty.



Otherwise, in terms of penalty, paragraph 37 and 39 to 43 of the product safety Act (2004:451).



Appeal



section 31 of the market surveillance authority decision on injunctions and prohibition under section 28 of the first paragraph may be appealed to the administrative court. Other decision under this Act of the market surveillance authority may not be appealed.



Leave to appeal is required for an appeal to the administrative court.





Transitional provisions



2016:96



1. this law shall enter into force on 1 March.



2. by law repeals Act (1996:18) if certain safety and environmental requirements for pleasure craft.



3. Products are compatible with the requirements of the repealed Act (1996:18) if certain safety and environmental requirements for pleasure craft and the regulations issued in connection to the Act may continue to be made available on the market or put into service until 18 January 2017.



4. the requirements for exhaust emissions in the repealed Act (1996:18) if certain safety and environmental requirements for pleasure craft and the regulations issued in connection with the Act shall continue to apply to the outboard motors that operate according to spark and comply with the following:



(a)) have a power not exceeding 15 kW,



b) was manufactured by small and medium-sized enterprises as defined in Commission recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, and



(c)) has been placed on the market before 18 January 2020.



5. Injunctions and prohibitions which have been issued under the repealed Act (1996:18) if certain safety and environmental requirements for pleasure craft shall still apply.