S.I. No. 65/2017 - European Union (Recreational Craft and Personal Watercraft) Regulations 2017

• (3) Where, having carried out an evaluation and assessment referred to in paragraph (1), and having conducted a risk assessment, the market surveillance authority finds that the product presents a serious risk to the health or safety of persons, to property or to the environment, it shall notify its finding without delay to the relevant economic operator concerned, or the private importer, as the case may be.

• (4) Where the market surveillance authority has reason to believe that immediate action is required to prevent a serious risk to the health and safety of persons, to property or to the environment it may decide to give a prohibition notice stating that opinion, having regard to the nature of the risk referred to in paragraph (1), to—

• (a) the economic operator or operators concerned, requiring the economic operator to do one or more of the following—

• (i) refrain from placing the product on the market,

• (ii) refrain from making the product available on the market in the State,

• (iii) withdraw the product from the market in the State, or

• (iv) recall the product from the market in the State,

or

• (b) the private importer concerned, requiring the private importer to—

• (i) refrain from putting the product into service in the State, or

• (ii) where the product has been put into service in the State, refrain from use of the product.

• (5) The market surveillance authority may take any other measures it considers appropriate including prohibiting a product from being placed on the market, seizing a product, destroying a product or rendering a product inoperable where it finds the product presents a serious risk referred to in paragraph (3) and it considers those measures to be necessary and proportionate.

• (6) An economic operator shall comply with measures taken under paragraph (5).

• (7) Notwithstanding subparagraph (a) or (b) of paragraph (4) a prohibition notice given under paragraph (4) may be given to any person the market surveillance authority has reasonable grounds for believing is in a position to take the action specified in the notice.

• (8) Regulations 43, 44 and 45 apply to a prohibition notice given under paragraph (4) and to any measures taken by the market surveillance authority under paragraph (5).

Formal non-compliance

• (b) The findings referred to in paragraph (a) are:

• (i) the CE marking has been affixed in contravention of Regulation 16, 17 or 18;

• (ii) the CE marking, as referred to in Regulation 17, has not been affixed;

• (iii) the EU declaration of conformity or the declaration referred to in Annex III has not been drawn up;

• (iv) the EU declaration of conformity or the declaration referred to in Annex III has not been drawn up correctly;

• (v) the technical documentation is either not available or not complete;

• (vi) the information referred to in Regulation 7(2)(g) or 9(2)(h) is absent, false or incomplete;

• (vii) any other administrative requirement provided for in Regulation 7 or 9 is not fulfilled.

• (2) The economic operator or the private importer, as the case may be, shall ensure that corrective action is taken in respect of all products that are found to be non-compliant under paragraph (1).

• (3) Regulation 42 applies to a compliance notice given under paragraph (1).

• (4) Where the non-compliance referred to in paragraph (1) persists, the market surveillance authority may decide to give a prohibition notice, as it considers necessary—

• (a) in respect of an economic operator—

• (i) to restrict or prohibit the product being made available on the market in the State, or

• (ii) to ensure that it is recalled or withdrawn from the market in the State,

or

• (b) in respect of a private importer, to restrict or prohibit the use of the product in the State.

• (5) Regulations 43, 44 and 45 apply to a prohibition notice given under paragraph (4).

PART 7 Inspections and Surveillance

Inspections and surveillance

• (a) on their entry into the State (where the State is their place of entry into the Union), or

• (b) at the storage or manufacturing sites of such products.

• (2) The market surveillance authority shall organise and perform appropriate surveillance of products made available on the market or put into service, taking due account of the presumption of the conformity of products bearing a CE marking.

Appointment of authorised officers

• (2) The Minister may terminate the appointment of an authorised officer appointed by him or her, whether or not the appointment was for a fixed period.

• (3) An appointment as an authorised officer ceases—

• (a) if it is terminated under paragraph (2),

• (b) if it is for a fixed period, on the expiry of that period, or

• (c) if the person appointed is an officer of the Minister, upon the person ceasing to be such an officer.

• (4) Nothing in paragraph (3) is to be construed so as to prevent the Minister from reappointing as an authorised officer a person to whom that paragraph relates.

• (5) An authorised officer shall be furnished with a warrant of his or her appointment and shall, when exercising any power conferred on him or her under these Regulations, if requested by a person affected, produce the warrant of appointment or a copy of it to that person.

Powers of authorised officers

• (a) subject to paragraph (4), at all reasonable times enter and examine any place, at which there are reasonable grounds to believe that a product is being kept or has been manufactured, stored, distributed, supplied, placed on the market, made available on the market or put into service or that records relating to the product are kept, and search and inspect the place, any process being carried out and any product or records found at that place;

• (b) secure for later inspection a place referred to in subparagraph (a) or part of that place, or a product or records kept at that place and require that the place, part thereof, product or records or any other thing kept at that place as the authorised officer considers appropriate having regard to his or her functions is or are left undisturbed for so long as is reasonably necessary for the purpose of any search, examination, investigation, inspection or inquiry;

• (c) require any person in charge of, or employed in, a place referred to in subparagraph (a) to produce to the authorised officer such books, documents or records (and in the case of such information in a non-legible form to reproduce it in a permanent legible form) that are in the person’s power, possession or control or to give to the authorised officer such information as the officer may reasonably require in relation to any entries in such records;

• (d) inspect and take copies of or extracts from any such books, documents or records (including in the case of information in non-legible form a copy of or extract from such information in a permanent legible form) or require that such a copy be provided;

• (e) require a person at a place referred to in subparagraph (a) by whom or on whose behalf a computer is or has been used to produce or store records or any person having control of, or otherwise concerned with the operation of the computer, to afford the authorised officer access thereto and such reasonable assistance as the authorised officer may require;

• (f) remove and detain, where the officer has reasonable cause to suspect that there has been a contravention of these Regulations, a product or records (including documents stored in a non-legible form) and any copies taken for such period as the authorised officer considers reasonably to be necessary for further examination or until the conclusion of any legal proceedings;

• (g) require that records at a place referred to in subparagraph (a) be maintained for such period as the authorised officer considers reasonably to be necessary;

• (h) require any person to give the authorised officer such information in relation to a product or part thereof or any article or substance or process used in the manufacture of a product as the authorised officer may reasonably require for the purposes of any search, examination, investigation, inspection or inquiry under these Regulations;

• (i) require by notice, at a time and place specified in the notice, any person (including the person in charge) to give the authorised officer any information that the authorised officer may reasonably require in relation to such place, any product or part of the place, activity, installation or procedure at such place, and to produce to the authorised officer any records that are in that person’s power, possession or control;

• (j) examine any person whom the authorised officer reasonably believes to be able to give to the authorised officer information relevant to any search, examination, investigation, inspection or inquiry under these Regulations and require the person to answer such questions as the authorised officer may ask relative to the search, examination, investigation, inspection or inquiry and to sign a declaration of the truth of the answers;

• (k) where appropriate, install, use and maintain at a place referred to in subparagraph (a) monitoring instruments or systems or take any measurements or photographs or make any tape, electronic or other recordings that the authorised officer considers necessary for the purposes of any search, examination, investigation, inspection or inquiry under these Regulations;

• (l) as regards any product or any article or substance used in the manufacture of a product the authorised officer finds at a place referred to in subparagraph (a), require any person in charge of the place, or any person who appears to the authorised officer to be in possession of the product or the article or substance, to supply without charge or payment, for test, examination or analysis sufficient samples thereof;

• (m) take samples of air, soil, water or waste at or near such place;

• (n) take possession of and detain any product or part thereof or any article or substance used in the manufacture of a product kept at a place referred to in subparagraph (a) which appears to the authorised officer to be in contravention of these Regulations for so long as is necessary for all or any of the following purposes, namely:

• (i) to examine or arrange for the examination, testing or analysis of it under subparagraph (o);

• (ii) to ensure that it is not tampered with before the examination, testing or analysis of it is completed;

• (iii) to ensure that it is available for use as evidence in any proceedings;

• (o) cause any product or part thereof or any article or substance used in the manufacture of a product found at a place referred to in subparagraph (a) which appears to the authorised officer to be in contravention of these Regulations to be dismantled or subjected to any process, test or analysis (but not so as to damage or destroy it unless this is in the circumstances necessary for the purposes of these Regulations) and where an authorised officer proposes to exercise this power in the case of a product or an article or substance used in the manufacture of a product found at a place referred to in subparagraph (a), the authorised officer shall, if so requested by a person who at the time is present at or in, and has responsibilities in relation to, that place, and if it is practicable and safe to do so, cause anything which is to be done by virtue of that power to be done in the presence of that person;

• (p) require any person to afford the authorised officer such facilities and assistance within the person’s power, control or responsibilities as are reasonably necessary to enable the authorised officer to exercise any of the powers conferred on him or her by these Regulations.

• (2) Before exercising the power conferred by paragraph (1)(n) or (o) in respect of any product, article or substance, an authorised officer shall, in so far as it is reasonably practicable to do so, consult such persons as appear to him or her to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he or she proposes to do under that power.

• (3) Where, under the power conferred by paragraph (1)(n) or (o), an authorised officer takes possession of any product, article or substance found at or in any place, the authorised officer shall, if it is practicable for him or her to do so, take a sample thereof and give to a responsible person at the place a portion of the sample marked by the authorised officer in a manner sufficient to identify it.

• (4) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under paragraph (6) authorising such entry.

• (5) Where an authorised officer in the exercise of his or her powers under this Regulation is prevented from entering any place, an application may be made to the District Court under paragraph (6) for a warrant authorising such entry.

• (6) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there is information required by an authorised officer under this Regulation held in any place or any part thereof, or that there is a product which an authorised officer requires to inspect for the purposes of these Regulations, and that such inspection is likely to disclose evidence of a contravention of these Regulations, the judge may issue a warrant authorising an authorised officer, accompanied by such other authorised officers or members of the Garda Síochána as may be necessary at any time or times within one month from the date of issue of the warrant, on production of the warrant, if requested, to enter the place, if necessary by reasonable force, and perform the functions or exercise all or any of the powers conferred on an authorised officer under these Regulations.

• (7) An application under paragraph (6) shall be made to the judge of the District Court in whose District Court district the place is situated.

• (8) A person shall not—

• (a) obstruct or interfere with an authorised officer or a member of the Garda Síochána in the exercise of the powers conferred on him or her by these Regulations or a warrant under paragraph (6),

• (b) without reasonable excuse fail or refuse to comply with a request from or requirement of or to answer a question asked by an authorised officer or such member pursuant to a power conferred by these Regulations, or

• (c) make a statement or give information to an authorised officer or such member that the person knows is false or misleading in a material respect.

• (9) A statement or admission made by a person pursuant to a requirement under subparagraph (h), (i) or (j) of paragraph (1) shall not be admissible in proceedings brought against that person for an offence (other than an offence under paragraph (10)).

• (10) A person who contravenes paragraph (8) shall be guilty of an offence.

• (11) A person who falsely represents himself or herself to be an authorised officer shall be guilty of an offence.

• (12) Where any measure has been taken or notice issued by the market surveillance authority under this Regulation or Regulation 36, 37, or 38, the costs of any removal, detention, seizure, destruction, rendering inoperable or disposal for the purposes of these Regulations may be charged to the economic operator, the manager of the place where the product was found or the private importer, where known.

• (13) In this Regulation and in Regulations 42 and 43 “place” means any structure, premises, land or other location or part of such place, and includes any container, railway wagon, vessel, aircraft, motor or other vehicle.

• (14) In this Regulation—

(a)“person in charge” means, in relation to a place—

• (i) the person under whose direction and control the activities at that place are being conducted, or

• (ii) the person whom the authorised officer has reasonable grounds for believing is in control of that place;

(b)“record” includes any memorandum, book, report, statement, register, plan, chart, map, drawing, specification, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form in which data (within the meaning of the Data Protection Acts 1988 and 2003) are held, any form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically, and anything that is a part or copy, in any form, of any of, or any combination of, the foregoing.

Compliance notice

• (2) Where an authorised officer is of the opinion that a provision of these Regulations is not being or has not been complied with, the authorised officer shall give a notice (referred to in these Regulations as a “compliance notice”) stating that opinion to one or more than one of the following persons, as the case may be, to whom the notice relates:

• (a) the relevant economic operator;

• (b) the private importer of the product;

• (c) the person referred to in Regulation 5(4) who has adapted an engine referred to in subparagraph (b) or (c) of Regulation 5(3);

• (d) the person who has carried out a major engine modification referred to in subparagraph (a) of Regulation 19(3) or a major craft conversion referred to in subparagraph (b) of Regulation 19(3);

• (e) the person referred to in Regulation 19(4);

• (f) the person referred to in Regulation 19(5).

• (3) A compliance notice shall—

• (a) state the reason for the opinion of the authorised officer referred to in paragraph (2),

• (b) identify the provision of these Regulations in respect of which that opinion is held,

• (c) require the person to whom it is given to take such action as is specified in the notice, including but not limited to—

• (i) bringing the product into compliance with the requirements of these Regulations, and

• (ii) taking all appropriate action to remedy the non-compliance or suspected non-compliance,

• (d) inform the person of the requirement to confirm compliance with the notice as referred to in paragraph (6),

• (e) inform the person of the right to appeal the notice and the requirements of paragraph (9),

• (f) include an address for service of an appeal,

• (g) be signed and dated by the authorised officer, and

• (h) state that if the person to whom it is given fails to comply with the notice the person shall be guilty of an offence and shall be liable on conviction to the penalty referred to in Regulation 47(5).

• (4) A compliance notice shall be complied with within such period as may be specified in the notice which period shall not be less than 14 days after the date of the notice.

• (5) A compliance notice may include directions—

• (a) as to the action to be taken to bring the product into compliance with the requirements of these Regulations or to remedy the non-compliance to which the notice relates, and

• (b) to bring the notice to the attention of any person who may be affected by the non-compliance or to the notice of the public generally.

• (6) A person to whom a compliance notice has been given shall confirm in writing to the authorised officer concerned that the compliance notice has been complied with, as soon as practicable after complying with the notice, and in any case, not later than 7 days after the date specified in the notice by which it is to be complied with.

• (7) Where a person to whom a compliance notice has been given so confirms in writing under paragraph (6) that the compliance notice has been complied with, the authorised officer concerned shall, on being so satisfied, within one month of receipt of such confirmation, give notice to the person concerned of compliance with the compliance notice.

• (8) A person aggrieved by a compliance notice may, not later than 14 days after the notice is given to the person, appeal against the notice to a judge of the District Court in the District Court district in which the person bringing the appeal ordinarily resides or carries on business, and, in determining the appeal the judge may confirm, vary or revoke the notice.

• (9) Notice of an appeal shall contain a statement of the grounds upon which the appeal is made and shall be given by the appellant to the authorised officer who gave the compliance notice at the address provided in the notice not later than 48 hours before the hearing of the appeal and the authorised officer shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

• (10) A person bringing an appeal shall lodge a copy of the notice of appeal with the District Court Clerk concerned not later than 48 hours before the hearing of the appeal.

• (11) Where an appeal is made, the person to whom the compliance notice was given shall comply with the notice by the later of—

• (a) the day immediately after the end of the period of 14 days after the date of the determination of the appeal and the confirmation of the notice,

• (b) the date of the withdrawal of the appeal, or

• (c) the day specified in the compliance notice.

• (12) Where no appeal is made, the person to whom the compliance notice was given shall comply with the notice by the later of—

• (a) the day immediately after the end of the period within which an appeal may be made, or

• (b) the day specified in the compliance notice.

• (13) An authorised officer may, where he or she considers it appropriate to do so, by notice in writing to the person to whom a compliance notice was given, withdraw the compliance notice.

• (14) A person to whom a compliance notice has been given who fails to comply with, or causes or permits another person to contravene, the notice shall be guilty of an offence.

• (15) Where a person fails to comply with a compliance notice the authorised officer may apply to the judge of the District Court in whose District Court district the person ordinarily resides or carries on business for an order requiring the person to comply with the terms of the notice and the Court may make an order directing the person to comply with the notice.

• (16) A person to whom a compliance notice has been given shall not—

• (a) pending the determination of an appeal, deal with a product, place, machinery, equipment or other thing to which the notice relates, other than in accordance with the terms of the compliance notice, or

• (b) if the notice is confirmed or varied on appeal, deal with a product, place, equipment, machinery or other thing to which the notice relates other than in accordance with the terms of the compliance notice as confirmed or varied.

• (17) A person who fails to comply with paragraph (16) shall be guilty of an offence.

• (18) This Regulation shall not operate to prevent or restrict—

• (a) the entitlement of any person to bring proceedings for the purpose of securing compliance with these Regulations, Regulation (EC) No. 765/2008 or the Decision, or

• (b) the bringing or prosecuting of any proceedings for an offence under these Regulations.

Procedures for prohibition notices and restriction measures

• (2) A prohibition notice under paragraph (1) may be given to one or more than one of the following persons, as the case may be, to whom the notice relates:

• (a) the relevant economic operator;

• (b) the private importer of the product;

• (c) the person referred to in Regulation 5(4) who has adapted an engine referred to in subparagraph (b) or (c) of Regulation 5(3);

• (d) the person who has carried out a major engine modification referred to in subparagraph (a) of Regulation 19(3) or a major craft conversion referred to in subparagraph (b) of Regulation 19(3);

• (e) the person referred to in Regulation 19(4);

• (f) the person referred to in Regulation 19(5).

• (3) A prohibition notice shall—

• (a) state the reason for the opinion referred to in paragraph (1),

• (b) identify the provision of these Regulations in respect of which that opinion is held,

• (c) specify the action to be taken in respect of the product by the person to whom it is given, within the period specified in the notice,

• (d) inform the person of the requirement to confirm compliance with the notice as referred to in paragraph (9),

• (e) inform the person of the right to appeal the notice under Regulation 45,

• (f) include an address for service of an appeal,

• (g) be signed and dated by the market surveillance authority, and

• (h) state that if the person to whom it is given fails to comply with the notice the person shall be guilty of an offence and shall be liable on conviction to the penalty referred to in Regulation 47(5).

• (4) A prohibition notice may require that the action required to bring the non-compliance to an end be undertaken—

• (a) immediately, because of the urgency of the matter,

• (b) by a specified date, or

• (c) between specified dates.

• (5) A prohibition notice may include directions as to—

• (a) the action to be taken to bring the product into compliance with the requirements of these Regulations, and

• (b) the bringing of the notice to the attention of any person who may be affected by the non-compliance or to the notice of the public generally.

• (6) A person to whom a prohibition notice has been given may appeal the notice under Regulation 45.

• (7) Where, in the opinion of the market surveillance authority—

• (a) urgent action is required which is justified, in particular, by public health or safety requirements, and

• (b) it is necessary, because of the gravity of the non-compliance with the requirements of these Regulations, to immediately give the person a prohibition notice,

the authority may, notwithstanding paragraphs (1) and (2), give the person a prohibition notice.

• (8) Where paragraph (7) applies, the market surveillance authority shall give the person to whom the prohibition notice is given the opportunity to make representations to it in writing as soon as may be after the giving of the prohibition notice.

• (9) A person to whom a prohibition notice has been given shall, as soon as practicable after so complying, and in any case not later than 7 days after the date specified in the notice by which it is to be complied with, notify the market surveillance authority in writing that the prohibition notice has been complied with.

• (10) The market surveillance authority shall, within one month of receiving a notification under paragraph (9), confirm in writing to the person concerned compliance with the prohibition notice where the authority is satisfied that the prohibition notice has been complied with.

• (11) The market surveillance authority may, where it considers it appropriate to do so, by notice in writing to the person to whom a prohibition notice was given, withdraw a prohibition notice.

• (12) A prohibition notice shall, subject to Regulation 45(5) and (6), take effect on the date specified in the notice.

• (13) The market surveillance authority shall cause the Commission to be notified of the giving of a prohibition notice.

• (14) A person to whom a prohibition notice has been given who fails to comply with, or causes or permits another person to contravene, the notice shall be guilty of an offence.

• (15) Where a person fails to comply with a prohibition notice the market surveillance authority may apply to the judge of the District Court in whose District Court district the person resides or carries on business for an order requiring the person to comply with the notice and the Court may make an order directing the person to comply with the notice.

• (16) A person to whom a prohibition notice has been given shall not—

• (a) pending the determination of an appeal, deal with a product, place, machinery, equipment or other thing to which the notice relates, other than in accordance with the terms of the prohibition notice, or

• (b) if the notice is confirmed or varied on appeal, deal with a product, place, equipment, machinery or other thing to which the notice relates other than in accordance with the terms of the prohibition notice as confirmed or varied.

• (17) A person who fails to comply with paragraph (16) shall be guilty of an offence.

• (18) This Regulation shall not operate to prevent or restrict—

• (a) the entitlement of any person to bring proceedings for the purpose of securing compliance with these Regulations, Regulation (EC) No. 765/2008 or the Decision, or

• (b) the bringing or prosecuting of any proceedings for an offence under these Regulations.

Publication of information relating to prohibition notices and restriction measures

• (a) prohibition notices given, or

• (b) measures taken by it to—

• (i) restrict products from being made available on the market or put into service, or

• (ii) recall or withdraw products which have been made available on the market or put into service.

Right of appeal against prohibition notices and restriction measures

“appeal” means an appeal under paragraph (2);

“appropriate court” means—

• (a) in case the estimated value of the product or products to which the prohibition notice relates does not exceed €15,000, or such other amount as may stand specified for the time being by law as that Court’s jurisdiction in tort, the District Court,

• (b) in case the estimated value of the product or products to which the prohibition notice relates does not exceed €75,000, or such other amount as may stand specified for the time being by law as that Court’s jurisdiction in tort, the Circuit Court, and

• (c) in any other case, the High Court.

• (2) A person may appeal to the appropriate court against—

• (a) a prohibition notice,

• (b) the giving of a direction under a prohibition notice, or

• (c) any measures taken by the market surveillance authority under Regulation 36(5) or 37(5).

• (3) Notice of an appeal shall contain a statement of the grounds upon which the appeal is made and shall be lodged by the appellant with the appropriate office of the court concerned by the appellant not later than 14 days after the date upon which the prohibition notice was given to him or her or the measure was taken.

• (4) A copy of the notice by which a person makes an appeal shall be given by the appellant to the market surveillance authority not later than 48 hours before the hearing of the appeal and the authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal and at the hearing of any application referred to in paragraph (6).

• (5) Upon the hearing of an appeal the appropriate court may confirm, vary or revoke the prohibition notice, the direction or the measure, as the case may be.

• (6) The bringing of an appeal shall not have the effect of suspending the operation of the notice, direction or measure, as the case may be, but the appropriate court to which the appeal has been made, may, on application to it by an appellant, suspend its operation.

• (7) An appeal to the District Court shall be determined by the judge of the District Court for the District Court district in which the appellant ordinarily resides or carries on business.

• (8) An appeal to the Circuit Court shall be determined by the judge of the Circuit Court for the circuit in which the appellant ordinarily resides or carries on business.

Giving of documents

• (a) by delivering it to the person;

• (b) by leaving it at the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, at that address;

• (c) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address;

• (d) where there is a facility for receiving the text of the notice by electronic means at the address at which the person carries on business or ordinarily resides, by transmitting the text of the notice by such means to such address, provided that the notice is also delivered in any of the other ways referred to in this paragraph;

• (e) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the notice relates to a premises, by delivering it to the premises or by affixing it in a conspicuous position on or near the premises.

• (2) Where a notice under these Regulations is to be given to a person who is the owner or occupier of land or property and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”.

• (3) For the purposes of this Regulation, a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

• (4) Where an opinion, finding, statement or decision of the competent authority or the market surveillance authority is contained in a document which—

• (a) purports to have been made by or at the direction of the competent authority or the market surveillance authority, as the case may be, and

• (b) is produced in evidence by an officer of the competent authority or the market surveillance authority, as the case may be, or by an authorised officer in any proceedings,

such document shall be admissible in evidence and shall be evidence of any such opinion, finding, statement or decision in such proceedings without further proof.

Offences and penalties

• (a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 3 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €300,000 or to imprisonment for a term not exceeding 12 months or both.

• (2) A person guilty of an offence under Regulation 4(3) or 43(14) shall be liable—

• (a) on summary conviction, to a class A fine, or

• (b) on conviction on indictment, to a fine not exceeding €300,000.

• (3) A person who fails to comply with a requirement of Regulation 5(4), 7, 9 (other than paragraph (5)), 10 (other than paragraph (1)), 12(a), 18(10), (11) or (12), 19 or 27(7) shall be guilty of an offence and shall be liable—

• (a) on summary conviction, to a class A fine, or

• (b) on conviction on indictment, to a fine not exceeding €300,000.

• (4) An authorised representative who fails to comply with a requirement of these Regulations, specified in a mandate referred to in Regulation 8(1), the failure to comply with which is an offence under another provision of this Regulation, shall be guilty of an offence and shall be liable—

• (a) on summary conviction, to a class A fine, or

• (b) on conviction on indictment, to a fine not exceeding €300,000.

• (5) A person guilty of an offence under Regulation 41(10) or (11), 42(14) or (17) or 43(17) shall be liable on summary conviction to a class A fine.

• (6) A person who fails to comply with a requirement of Regulation 9(5), 12(b), (c) or (d), 13, 15 (other than paragraph (3)), 16(1) or 18(1), (2), (3), (4), (5), (6), (7) or (8) shall be guilty of an offence and shall be liable on summary conviction to a class B fine.

Forgery

• (a) a CE marking,

• (b) any document required for the purposes of these Regulations, or

• (c) a notice or certificate issued, granted or given under these Regulations,

(inthis Regulation referred to as a "forged document") shall be guilty of an offence.

• (2) A person who alters with intent to defraud or deceive, or utters knowing it to be so altered—

• (a) a CE marking,

• (b) any document required for the purposes of these Regulations, or

• (c) a notice or certificate issued, granted or given under these Regulations,

(in this Regulation referred to as an “altered document”) shall be guilty of an offence.

• (3) A person who, without lawful authority, has in his or her possession a forged document or an altered document shall be guilty of an offence.

• (4) A person guilty of an offence under this Regulation shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months or both.

Offence by body corporate

• (2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

Forfeiture and seizure

• (2) Where an order is made under paragraph (1), the market surveillance authority may, for the purpose of giving effect to it, seize and detain the product where it has not already been seized under these Regulations.

Costs of prosecutions

• (2) An order for costs and expenses referred to in paragraph (1) shall be in addition to and not instead of any fine or penalty the court may impose.

Prosecution of offences

PART 8 Miscellaneous and Transitional Provisions

Transitional provisions

• (a) complies with stage I exhaust emission limits specified in point 2.1 of Part B of Annex I,

• (b) was manufactured by a small or medium-sized enterprise, and

• (c) is placed on the market before 18 January 2020.

Continuance of Regulations of 1998

• (2) A person may, at any time, make available on the market a product referred to in paragraph (1).

• (3) Notwithstanding their revocation under Regulation 55, the Regulations of 1998 shall continue to apply to a product specified in the Regulations of 1998 which is—

• (a) placed on the market or put into service in accordance with paragraph (1), or

• (b) made available on the market in accordance with paragraph (2).

• (4) A person who, immediately before the coming into operation of these Regulations, was an authorised officer under the Regulations of 1998 shall be deemed to be an authorised officer appointed under these Regulations and, accordingly, paragraph (3) of Regulation 40 shall apply in respect of that person.

Revocations

• (a) the European Communities (Recreational Craft) Regulations 1998 ( S.I. No. 40 of 1998 );

• (b) the European Communities (Recreational Craft) (Amendment) Regulations 2004 ( S.I. No. 422 of 2004 ).

SCHEDULE

Regulation 27

Minimum Criteria for Notification as a Notified Body in the State

• (a) personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks, and

• (b) descriptions of procedures in accordance with which conformity assessment is carried out ensuring the transparency and ability of reproduction of those procedures.

• (a) sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified,

• (b) satisfactory knowledge of the requirements of the assessments they carry out and adequate authority to carry out those assessments,

• (c) appropriate knowledge and understanding of the essential requirements, the applicable harmonised standards, the relevant Union harmonisation legislation and Irish legislation implementing those requirements, and

• (d) the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.

GIVEN under my Official Seal,

3 March 2017.

SHANE ROSS,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations give effect to Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft.

The Regulations outline the obligations of the manufacturer, importer, private importer and distributor when making recreational craft and personal watercraft available on the market and they prohibit a person from placing any watercraft on the market unless it satisfies the essential safety requirements, has been subject to conformity assessment procedures, has had the CE marking affixed to it, and when used for its intended purpose, does not endanger the health and safety of persons.

The Regulations also make provision for the notification of conformity assessment bodies.

The Regulations revoke the European Communities (Recreational Craft) Regulations 1998 ( S.I. No. 40 of 1998 ), and the European Communities (Recreational Craft) (Amendment) Regulations 2004 ( S.I. No. 422 of 2004 ). These Regulations do not impede the making available on the market, or putting into service, (1) products which comply with the Regulations of 1998 and which are placed on the market or put into service before 18 January 2017, and (2) outboard spark ignition propulsion engines with power equal to or less than 15kW which—

• (a) comply with stage I exhaust emission limits specified in point 2.1 of Part B of Annex I,

• (b) were manufactured by a small or medium-sized enterprise, and

• (c) are placed on the market before 18 January 2020.

The Regulations designate the Marine Survey Office as the market surveillance authority and the competent authority in the State for the purposes of the Directive.

Footnotes