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1 DIRECTIVE 2013/53/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (Text with EEA relevance) CHAPTER I GENERAL PROVISIONS Article 1 Subject matter This Directive lays down requirements for the design and manufacture of products referred to in Article 2(1) and rules on their free movement in the Union. 1 Directive 2013/53/EU (Recreational Craft Directive, RCD or the Directive) is a full harmonisation Directive in the sense that it supersedes existing national legislation in the field covered: watercraft (recreational craft and personal watercraft), propulsion engines or designated components may only be placed on the market if they are in conformity with the Directive's requirements and, on the other hand, Member States may not impede free circulation or the marketing of compliant products. Recreational Craft Directive carries specific obligations for natural or legal persons who make the products in scope available on the market and/or puts into service be it the economic operator (manufacturers, authorized representatives, importers and distributors) or "non-economic operator" (private importers, persons who modifies or converts the products, builders of boat for own use). The Directive is applicable to all forms of supplying products intended to be made available on the Union market, regardless of the selling technique. So, it includes also distance selling and selling through electronic means (internet, e-commerce etc.). See Chapter 2.1 "product coverage" of the “The ‘Blue Guide’ on the implementation of EU 1 OJ L 354, 28.12.2013, p. 90. 2 product rules” for further guidance. http://ec.europa.eu/growth/tools- databases/newsroom/cf/itemdetail.cfm?item_id=7326 Chapter I. of the Directive introduces the general provisions of the Recreational Craft Directive which includes articles on scope, definitions, essential requirements and conditions of placing the products on the Union market or putting it into service and its free movement. Article 2 Scope 1. This Directive shall apply to the following products: (a) recreational craft and partly completed recreational craft; The scope and the objectives of the Directive remain unchanged from the previous Directive 94/25/EC, to ensure free movement of products in scope in the Union territory. Therefore, the RCD provides for harmonised requirements and procedures to establish compliance for products placed on the market or put into service, that are either products manufactured in the EU/EEA or products imported from a third country (irrespective whether new or second-hand). Recreational craft are defined in Article 3(2) of the Directive. Design and construction requirements for recreational craft and partly completed recreational craft are specified in Annex I.A of the Directive. Requirements for exhaust and noise emissions of recreational craft are provided by Annexes I.B and I.C of the Directive. A partly completed recreational craft is an incomplete craft consisting of a hull or a hull and fitted components (parts of the craft other than Annex II components). It might be possible that components, as referred to in Annex II of the Directive, are installed on a partly completed recreational craft. These Annex II components are subject to conformity assessment, as explained in the comments to Article 2(1) (c) below. Boat kits consisting of panels and parts to make the boat, including its hull, typically of wood or metal, may also be considered as partly completed recreational craft (see note on kit boats below). Partly completed recreational craft must fulfil all the relevant essential safety, health, environmental protection requirements of the Directive when made available on the market. It is destined to be completed by another party who will be regarded as the manufacturer and who will need to ensure that completed craft meet the essential requirements. The product becomes a completed recreational craft when placed on the market and/or put into service as a recreational craft. The final responsibility of this action lies with the one who places it on the market or puts it into service. 3 Watercraft, i.e. recreational craft and personal watercraft, which after their completion have been partly dismantled (e.g. having their propulsion engines taken out), and are placed on the market as such, cannot be considered as partly completed craft. For further clarification, see the comments to the provisions on post construction assessment under Article 23 and set out in Annex V of the Directive. Note: Kit Boats Kit boats are considered as partly completed watercraft purchased from a manufacturer where all parts necessary to complete the construction of the boat in compliance with the essential requirements of the Directive are provided. When the kit boat manufacturer has supplied all parts necessary for completion, as defined above, CE marking shall be fixed accordingly by the person placing the product on the market or putting it into service. Compliance with the Directive shall in these cases be ensured for all variations available from the manufacturer, especially those that would change the stability characteristics from the basic model e.g. variations in mast configuration and rigging. When a kit boat is bought by its end user, from the kit boat manufacturer, and completed not in accordance with the kit manufacturer's instructions but to the “desires” of the end user, the party that undertakes the completion of the kit boat is considered to assume the responsibility as manufacturer for the watercraft's conformity with the Directive before placing such watercraft on the market or putting it into service. The above does not absolve the kit manufacturer of his responsibilities, within the modular system, as detailed under Article 19 (1) of the Directive. (b) personal watercraft and partly completed personal watercraft; Personal watercraft (PWC) is defined in Article 3(3) of the Directive. Design and construction requirements for personal watercraft and partly completed personal watercraft are specified in Annex I.A of the Directive. Requirements for exhaust and noise emissions of personal watercraft are provided by Annexes I.B and I.C of the Directive. A partly completed personal watercraft is an incomplete craft consisting of a hull or a hull and fitted components (other than Annex II components). It might be possible that components, as referred to in Annex II, are installed on a partly completed personal watercraft. These Annex II components are subject to conformity assessment, as explained in the comments to Article 2(1)(c) below. Application of the actual harmonised standard EN ISO 13590 Personal watercraft – Construction and system installation requirements provides, in accordance with Article 14 of the Directive, the presumption of conformity with the Directive’s relevant design and construction requirements for personal watercrafts, in as far as those requirements are covered by this standard. Note however that the actual EN ISO 8666 4
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