The Recreational Craft Regulations 2017

[^key-73f6e63686e4ddba4a2ccfea782fdf58]: Word in Sch. 5 para. 4.2 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 46(6)(c)(i) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-bb51f3ec3aa57ecb5bd0a1ab3b91282e]: Words in Sch. 5 para. 4.2 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 46(6)(c)(ii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2c40ea4eebb01e0e502044661d708fc1]: Word in Sch. 5 para. 4.2 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 46(6)(c)(iii) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ba4ef3d289d6796563fae9396048447f]: Words in Sch. 5 para. 4.2 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 46(6)(c)(iv) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-47eca32497bf7ed83b76f584eebc6d9a]: Words in Sch. 5 para. 4.3 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 46(6)(d) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-106d8f1ed71c6ffe841816e63cc006ef]: Word in Sch. 5 para. 5 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 46(7) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b6140a464e11e58fb28d3ea7a8499d85]: Words in Sch. 5 para. 3 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 15 para. 7(b)

[^key-25651ab4eb823ab0d31f39b035f59b42]: Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 47(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-817bc1fe46067ad2808aa2529e4e167d]: Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 47(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c670ca29162a3af68fb8016b916e1aab]: Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 47(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-cc210378bf2a105eb4c5216ef398c1bc]: Word in Sch. 7 para. 1 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 48 (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1916a330f9613e82578c4a40216815ed]: Words in Sch. 8 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 49(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-dbc166e6c8af7af2ec6447c25128127c]: Words in Sch. 8 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 49(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-8ad9e89810961dcf0b6a8dcc8968efc7]: Words in Sch. 8 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 49(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-576c93e488bb02e18d22de677b7f7625]: Words in Sch. 8 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 49(d) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2a747546dcebe85a78d2c9b268c2347c]: Words in Sch. 9 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 50(a) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c6bf2538e3d5c24fecef77f926265ca3]: Words in Sch. 9 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 50(b) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6c6ec3196e054f64bd010999af9ab235]: Words in Sch. 9 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 28 para. 50(c) (with Sch. 28 para. 41) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-86b2d2efd0f4937110bd05260215715f]: Words in reg. 21(2)(a)(ii) substituted (E.W.S.) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 4, Sch. 3

[^key-6e701baa69690ff2eb7f02d73fad8e10]: Words in reg. 54(1A) substituted (E.W.S) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 3, Sch. 2

[^key-b42a973c5d7433bd3c137c2dc401a53a]: Sch. 11 para. 1 substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024 (S.I. 2024/504), regs. 1(2), 14

[^key-cdcd90028da45315fea0f8dcc159414b]: Words in reg. 2(1) omitted (E.W.S.) (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 19(2) (with reg. 23)

[^key-bc8e3826bae48d7746ea16a30eca1b26]: Words in reg. 40A(8) substituted (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 19(3) (with reg. 23)

[^key-04926cd07559ea1ef6c3e120a7e40657]: Reg. 40C substituted (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 19(4) (with reg. 23)

[^key-1dffe8bd0ac37b9fea2d5f759d65a4ed]: Reg. 89A(4)-(8) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 19(5) (with reg. 23)

Duty not to make a product available on the market where a distributor suspects that it is not in conformity

Designated standard

2A

• (1) Subject to paragraphs (6) and (7), in these Regulations, a “designated standard” means a technical specification which is—

• (a) adopted by a recognised standardisation body or an international standardising body, for repeated or continuous application, with which compliance is not compulsory; and

• (b) designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate.

• (2) For the purposes of paragraph (1), a “technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following—

• (a) the characteristics required of a product, including—

• (i) levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and

• (ii) the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; and

• (b) production methods and processes relating to the product, where these have an effect on the characteristics of the product.

• (3) For the purposes of this regulation, a “recognised standardisation body” means any one of the following organisations—

• (a) the European Committee for Standardisation (CEN);

• (b) the European Committee for Electrotechnical Standardisation (Cenelec);

• (c) the European Telecommunications Standards Institute (ETSI);

• (d) the British Standards Institution (BSI).

• (3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

• (4) When considering whether the manner of publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard.

• (5) Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with such technical specifications adopted by the other recognised standardisation bodies or by international standardising bodies as the Secretary of State considers to be relevant..

• (6) The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b).

• (7) Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.

• (8) The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies.

• (9) Regulations made under paragraph (8) are to be made by statutory instrument.

• (10) A statutory instrument containing regulations made under paragraph (8) is subject to annulment in pursuance of a resolution of either House of Parliament.

Scope

Exclusions

Exhibition at trade fairs

Declaration of conformity and UK marking

Prohibition on improper use of UK marking

Obligations that are met by complying with obligations in the Directive

40A

• (1) In this regulation—

• (a) any reference to an Article or an Annex is a reference to an Article of or Annex to the Directive;

• (b) “CE marking” has the meaning given in Article 3(28);

• (c) “harmonised standard” has the meaning given in Article 3(20).

• (2) For the purposes of this regulation, references to the requirements set out in Article 4(1) and Annex I are to be read as if they include a requirement that the owner's manuals referred to in point 2.5 of Part A of Annex I and point 4 of Part B of that Annex must be in English (instead of in a language or languages which can be easily understood by consumers and other end-users, as determined by the member State concerned).

• (3) Where a product meets the requirements set out in Article 4(1) and Annex I—

• (a) the requirements of regulation 6(a) and (b) are to be treated as being satisfied;

• (b) regulation 2(2)(a) applies subject to the modification set out in paragraph (15)(c).

• (4) Subject to paragraphs (8) and (9), paragraph (5) applies where, before placing a product on the market, the manufacturer—

• (a) ensures that the product has been designed and manufactured in accordance with the requirements set out in Article 4(1) and Annex I;

• (b) draws up the technical documentation in accordance with Article 25;

• (c) carries out the conformity assessment procedure applicable to the product in accordance with Articles 19 to 22 and 24 or has it carried out;

• (d) ensures that the technical documentation and any other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;

• (e) affixes a CE marking to the product in accordance with Articles 16 to 18;

• (f) draws up an EU declaration of conformity in accordance with Article 15; and

• (g) ensures that the EU declaration of conformity is prepared in or translated into English.

• (5) Where this paragraph applies—

• (a) the requirements of regulations 8, 9 and 10(1), (2), (3) and (5) are to be treated as being satisfied;

• (b) regulations 10(4), 11, 12(2), 39(3) and 40 apply subject to the modifications set out in paragraph (15);

• (c) Part 3 (except for regulations 43(2) and (3) and 48) does not apply;

• (d) regulation 71 does not apply.

• (6) Subject to paragraphs (8) and (9), paragraph (7) applies where, before placing a product on the market, the importer ensures that—

• (a) the conformity assessment procedure applicable to the product in accordance with Articles 19 to 22 and 24 has been carried out;

• (b) the manufacturer has drawn up the technical documentation in accordance with Article 25; and

• (c) the product bears the CE marking in accordance with Articles 16 to 18.

• (7) Where this paragraph applies—

• (a) the requirements of regulation 19(1)(a), (b) and (c)(i) are to be treated as being satisfied;

• (b) regulations 18, 19(2), 20, 23 and 25 apply subject to the modifications set out in paragraph (15).

• (8) This paragraph applies where there is no designated standard or part of a designated standard that corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Article 20 or 22.

• (9) Where paragraph (8) applies, paragraphs (4)(c) and (6)(a) of this regulation are to be read as requiring—

• (a) in respect of products referred to in Article 20(1)(b)(i), one of the conformity assessment procedures (combination of procedures) referred to in the second indent of Article 20(1)(b)(i);

• (b) in respect of exhaust emissions for products referred to in points (d) and (e) of Article 2(1), one of the conformity assessment procedures (or combinations of procedures) referred to in Article 21(b);

• (c) in respect of noise emissions for products referred to in Article 22(1)—

• (i) the conformity assessment procedure referred to in Article 22(1)(b); or

• (ii) where applicable in accordance with Article 22(1)(c), one of the conformity assessment procedures referred to in Article 22(1)(c);

• (d) in respect of noise emissions for products referred to in Article 22(2), the conformity assessment procedure referred to in Article 22(2)(b).

• (10) Paragraph (11) applies where, before making a product available on the market, the distributor ensures that the product bears the CE marking in accordance with Articles 16 to 18.

• (11) Where this paragraph applies—

• (a) the requirement of regulation 28(1)(a)(i) is to be treated as being satisfied;

• (b) regulations 19(2) (which contains the definition of “required documents” for the purposes of regulation 28), 29 and 30 apply subject to the modifications set out in paragraph (15).

• (12) Paragraph (13) applies where the private importer—

• (a) ensures before putting a product into service that the product has been designed and manufactured in accordance with the requirements set out in Article 4(1) and Annex I; and

• (b) ensures that the name and postal address of the notified body that carried out the conformity assessment procedure applicable to the product in accordance with Articles 19 to 22 and 24 is marked on the product.

• (13) Where this paragraph applies, the requirements of regulation 36(1)(a) and 36(4) are to be treated as being satisfied.

• (14) Where, before placing a product on the market or putting a product into service, a person applies the procedure referred to in Article 23 to the product, the requirements of regulation 43 are to be treated as being satisfied.

• (15) The modifications referred to in paragraphs (3)(b), (5)(b), (7)(b) and (11)(b) are that—

• (a) any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;

• (b) any reference to “designated standard” is to be read as a reference to a harmonised standard;

• (c) any reference to “essential requirements” is to be read as a reference to the requirements set out in Article 4(1) and Annex I (as modified by paragraph (2));

• (d) any reference to “UK marking” is to be read as a reference to the CE marking;

• (e) any reference to “relevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedures that apply to the product in accordance with Articles 19 to 22 and 24;

• (f) any reference to “technical documentation” is a reference to the technical documentation referred to in Article 25.

Conformity assessment procedure obligation which is met by complying with the Directive

40B

• (1) In this regulation any reference to an Article or an Annex is a reference to an Article of or Annex to the Directive.

• (2) Paragraph (3) applies where—

• (a) Articles 20 or 21 provide that the conformity assessment procedure referred to as Module B in those Articles may be carried out in relation to a product; and

• (b) prior to the manufacture of a product, the manufacturer ensures that—

• (i) the product has been designed in accordance with the essential requirements set out in Annex I to the Directive;

• (ii) the conformity assessment procedure referred to as Module B in Articles 20 and 21 has been carried out in relation to that product, in accordance with those Articles and with Article 24(1).

• (3) Where this paragraph applies—

• (a) the requirement in regulation 42 to apply the conformity assessment procedure referred to in regulations 44 and 45 as Module B is to be treated as being satisfied in relation to that product;

• (b) any reference to “relevant conformity assessment procedure” in regulations 9, 10(1), 19(1)(a), 36(4), 40(1)(b) and 53(b) is to be read as including the conformity assessment procedure referred to in Articles 20, 21 and 24 as Module B; and

• (c) any reference to “technical documentation” in regulations 9(b), 11, 19(1)(b), 25(b) and 36(3) is to be read as including the technical documentation relating to the design of the product referred to in Article 25 of the Directive;

• (d) the reference to “approved body” in regulation 36(4) is to be read as the body that undertook the conformity assessment procedure referred to as Module B in Articles 20 or 21.

Expiry of regulations 40A and 40B

40C

• (1) In this regulation—

• (a) unless otherwise specified, any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

• (b) “harmonised standard” has the meaning given in Article 3(20).

• (2) For the purposes of this regulation, references to requirements set out in Article 4(1) and Annex I are to be read as if they include a requirement that the owner’s manual referred to in point 2.5 of Part A of Annex I and point 4 of Part B of that Annex must be in English.

• (3) Where a product meets the requirements set out in Article 4(1) and Annex I—

• (a) the requirements of regulation 6(a) and (b) are to be treated as being satisfied;

• (b) regulation 2(2)(a) applies subject to the modification in paragraph (8).

• (4) Subject to paragraphs (6) and (7), paragraph (5) applies where, before placing a product on the market, a manufacturer—

• (a) ensures that the product has been designed and manufactured in accordance with the essential requirements set out in Article 4(1) and Annex I;

• (b) draws up the technical documentation in accordance with Article 25;

• (c) carries out the conformity assessment procedure applicable to the product in accordance with Articles 19 to 22 and 24 or has it carried out; and

• (d) ensures that the technical documentation and any other records or correspondence relating to the conformity assessment procedure are prepared in or translated into English.

• (5) Where this paragraph applies—

• (a) regulations 8 and 9 are to be treated as being satisfied;

• (b) except for regulations 53 and 54(1) to (3), Part 3 does not apply;

• (c) regulations 2(2)(a), 11, 12, 18, 20, 23, 25, 29, 30, 39, 40 and 71 apply subject to the modifications in paragraph (8);

• (d) regulations 10, 19, 53, 54 and Schedule 4 apply subject to the modifications in paragraphs (8) and (9).

• (6) This paragraph applies where there is no designated standard or part of a designated standard that corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Articles 20 to 22.

• (7) Where paragraph (6) applies, paragraph (4)(c) is to be read as requiring the manufacturer to carry out or have carried out—

• (a) in respect of products referred to in Article 20(1)(b)(i), one of the conformity assessment procedures (or combination of procedures) referred to in the second indent of Article 20(1)(b)(i);

• (b) in respect of exhaust emissions for products referred to in points (d) and (e) of Article 2(1), one of the conformity assessment procedures (or combination of procedures) referred to in Article 21(b);

• (c) in respect of noise emissions for products referred to in Article 22(1)—

• (i) the conformity assessment procedure referred to in Article 22(1)(b); or

• (ii) where applicable in accordance with Article 22(1)(c), one of the conformity assessment procedures referred to in Article 22(1)(c);

• (d) in respect of noise emissions for products referred to in Article 22(2), the conformity assessment procedure referred to in Article 22(2)(b).

• (8) The modifications referred to in paragraphs (3)(b) and (5)(c) and (d) are that—

• (a) any reference to “essential requirements” is to be read as a reference to the essential requirements set out in Article 4(1) and Annex I (as modified by paragraph (2));

• (b) any reference to “designated standard” is to be read as a reference to a “harmonised standard”;

• (c) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Article 25.

• (9) The modifications referred to in paragraph (5)(d) are that—

• (a) in regulation 10(5) the references to “enactment” are to be read as including the Directive;

• (b) in regulation 19(2)(b) the reference to “Schedule 1” is to be read as a reference to Annex I (as modified by paragraph (2)) (and the reference to regulation 19(2) in regulation 28 is to be construed accordingly);

• (c) in regulation 53 the reference to regulations 44 to 47 is to be read as a reference to Articles 20 to 22;

• (d) in regulation 54 the reference to Schedule 15 is to be read as a reference to Annex II to Decision No 768/2008/EC;

• (e) in Schedule 4—

• (i) the reference to “approved body” is to be read as a reference to the conformity assessment body that undertook the relevant conformity assessment procedure in accordance with Articles 19 to 22 and 24;

• (ii) the reference to “relevant statutory requirements” is to be read as including a reference to the Directive.

• (10) Paragraph (11) applies where before putting a product into service, the private importer ensures that—

• (a) the product has been designed and manufactured in accordance with the essential requirements set out in Article 4(1) and Annex I;

• (b) either—

• (i) the conformity assessment procedures applicable to the product in accordance with Articles 19 to 22 and 24 have been carried out; or

• (ii) the procedure set out in Article 23 has been carried out in relation to the product;

• (c) the technical documentation is drawn up in accordance with Article 25; and

• (d) the name and address of the conformity assessment body that carried out the relevant conformity assessment procedures in accordance with Articles 19 to 22 and 24 is marked on the product.

• (11) Where this paragraph applies—

• (a) regulation 36(1)(a) and (4) is treated as being satisfied;

• (b) regulation 43(1) is either—

• (i) disapplied, where the private importer has ensured compliance with paragraph (10)(b)(i); or

• (ii) treated as being satisfied, where the private importer has ensured compliance with paragraph (10)(b)(ii);

• (c) except for regulations 53 and 54(1) to (3), Part 3 does not apply.

• (12) Where, before placing a product referred to in regulation 43(2)(a) or (b) or (3) on the market or putting such product into service, a person applies the procedure referred to in Article 23 to the product, the requirements of regulation 43(2) and (3) are treated as being satisfied.

Qualifying Northern Ireland Goods

40D

• (1) Where paragraph (2) applies a product is to be treated as being in conformity with Part 2.

• (2) This paragraph applies where—

• (a) a product—

• (i) is in conformity with Part 2, as that Part applies in Northern Ireland; and

• (ii) is qualifying Northern Ireland goods; and

• (b) an importer has complied with the obligations set out in paragraph (3).

• (3) The obligations referred to in paragraph (2)(b) are that, before placing the product on the market, the importer—

• (a) complies with regulation 21;

• (b) ensures that—

• (i) the relevant conformity assessment procedure has been carried out in relation to the product;

• (ii) the manufacturer has drawn up the technical documentation; and

• (iii) the product bears the CE marking.

• (4) In this regulation—

• “CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

• “qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

• “relevant conformity assessment procedure” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

• “technical documentation” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland.

Declaration of conformity

UK marking

UK(NI) indication

54A

• (1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the product, in accordance with this regulation.

• (2) The UK(NI) indication must be affixed—

• (a) visibly, legibly and indelibly; and

• (b) before a product is placed on the market in Northern Ireland.

• (3) The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 54.

• (4) The UK(NI) indication must be affixed by—

• (a) the manufacturer; or

• (b) the manufacturer's authorised representative.

• (5) When placing a product on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.

Register of notified bodies established in the United Kingdom

54B

• (1) The Secretary of State must ensure that—

• (a) each notified body established in the United Kingdom is assigned an identification number; and

• (b) there is a register of—

• (i) notified bodies established in the United Kingdom;

• (ii) their notified body identification number;

• (iii) the activities for which they have been notified;

• (iv) any restrictions on those activities.

• (2) The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.

• (3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).

Approved bodies

Approval of conformity assessment bodies

Presumption of conformity of approved bodies

Monitoring of approved bodies

Restriction, suspension or withdrawal of approval

Notice of proposed restriction, suspension or withdrawal of approval

Operational requirements of approved bodies

Subsidiaries and contractors

Register of approved bodies

Authorisation of UK national accreditation body

Penalty in relation to the UK(NI) indication

74A

A person guilty of an offence under regulation 73(2) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Defence of due diligence

Liability of persons other than the principal offender

Service of documents

Recovery of expenses of enforcement

Action by enforcing authority

Appeals against notices

Appropriate court for appeals against notices

Time limit for commencement of proceedings

Compensation

PART 5A — POWERS OF THE SECRETARY OF STATE

Power to amend Schedules

83A

• (1) The Secretary of State may by regulations amend any of the provisions specified in paragraph (2) where the Secretary of State considers it necessary to do so in order to take into account technical progress and new scientific evidence.

• (2) The provisions referred to in paragraph (1) are—

• (a) in Schedule 1—

• (i) points 2.3, 2.4, 2.5 and Section 3 of Part B;

• (ii) Section 3 of Part C;

• (b) Schedule 7;

• (c) Schedule 9.

• (3) The Secretary of State may by regulations amend Schedule 5 where the Secretary of State considers it necessary to do so in order to take into account technical progress, the adequacy of ensuring equivalent conformity and new scientific evidence.

• (4) Regulations made under this regulation may—

• (a) make different provisions for different cases; and

• (b) make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate.

• (5) Regulations made under this regulation are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Power to make provision for application of conformity assessments and of Schedule 1

83B

• (1) Where one or both of the conditions in paragraph (2) is met, the Secretary of State may by regulations make provision about—

• (a) detailed procedures for the operation of regulations 50 to 52 and paragraph 2 of Module B (as set out in Schedule 15), taking into account the specific conformity assessment needs of the products covered by these Regulations;

• (b) the application of the watercraft design categories set out in point 1 of Part A of Schedule 1, including on the use of weather terminology and measurement scales used in those categories;

• (c) the information on the builder's plate set out in point 2.2 of Part A of Schedule 1;

• (d) the application of the Regulations on navigation lights set out in point 5.7 of Part A of Schedule 1;

• (e) arrangements for discharge prevention, in particular as regards operation of holding tanks, set out in point 5.8 of Part A of Schedule 1;

• (f) the installation and testing of gas appliances and permanently installed gas systems on watercraft, as referenced in point 5.5 of Part A of Schedule 1.

• (2) The conditions referred to in paragraph (1) are that the Secretary of State considers it necessary to make such provision in order to—

• (a) take into account the progress of technical knowledge; and

• (b) ensure that these Regulations are applied in a uniform manner.

• (3) Before making regulations under this regulation, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

• (4) Regulations made under this regulation may—

• (a) make different provisions for different cases; and

• (b) make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate.

• (5) Regulations made under this regulation are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Transitional provisions in relation to EU Exit

89A

• (1) In this regulation, “pre-exit period” means the period beginning on the commencement date and ending immediately before IP completion day.

• (2) Subject to paragraph (3), where a product was made available on the market or put into service during the pre-exit period, despite the amendments made by Schedule 28 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.

• (3) Paragraph (2) does not apply to—

• (a) any obligation of any enforcing authority to inform the European Commission or a member State of any matter; or

• (b) any obligation to take action outside of the market in respect of the product.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations and savings

Design category	Wind force(Beaufort scale)	Significant wave height(H ⅓, metres)
A	exceeding 8	exceeding 4
B	up to, and including, 8	up to, and including, 4
C	up to, and including, 6	up to, and including, 2
D	up to, and including, 4	up to, and including, 0,3

Explanatory notes:

Each watercraft shall be marked with an identification number including the following information:

Detailed requirements for the identification number referred to in the first paragraph are set out in the relevant harmoniseddesignated standard.

Each watercraft shall carry a permanently affixed plate mounted separately from the watercraft identification number, containing at least the following information:

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

Watercraft shall be designed to minimise the risks of falling overboard and to facilitate reboarding. Means of reboarding shall be accessible to or deployable by a person in the water unaided.

For recreational craft, the main steering position shall give the operator, under normal conditions of use (speed and load), good all-round visibility.

Each product shall be provided with an owner’s manual in accordance with Article 7(7) and Article 9(4) including the instructions and safety information referred to in regulations 15 and 22. That manual shall provide all the information necessary for safe use of the product drawing particular attention to set up, maintenance, regular operation, prevention of risks and risk management.

The choice and combination of materials and its construction shall ensure that the watercraft is strong enough in all respects. Special attention shall be paid to the design category in accordance with Section 1, and the manufacturer’s maximum recommended load in accordance with point 3.6.

The watercraft shall have sufficient stability and freeboard considering its design category in accordance with Section 1 and the manufacturer’s maximum recommended load in accordance with point 3.6.

The watercraft shall be constructed as to ensure that it has buoyancy characteristics appropriate to its design category in accordance with Section 1 and the manufacturer’s maximum recommended load in accordance with point 3.6. All habitable multihull recreational craft susceptible of inversion shall have sufficient buoyancy to remain afloat in the inverted position.

Watercraft of less than 6 metres in length that are susceptible to swamping when used in their design category shall be provided with appropriate means of flotation in the swamped condition.

Openings in hull, deck(s) and superstructure shall not impair the structural integrity of the watercraft or its weather tight integrity when closed.

Windows, port lights, doors and hatch covers shall withstand the water pressure likely to be encountered in their specific position, as well as point loads applied by the weight of persons moving on deck.

Through hull fittings designed to allow water passage into the hull or out of the hull, below the waterline corresponding to the manufacturer’s maximum recommended load in accordance with point 3.6, shall be fitted with a means of shutoff which shall be readily accessible.

All watercraft shall be designed so as to minimise the risk of sinking.

Where appropriate, particular attention shall be paid to:

The manufacturer’s maximum recommended load (fuel, water, provisions, miscellaneous equipment and people (in kilograms)) for which the watercraft was designed, shall be determined in accordance with the design category (Section 1), stability and freeboard (point 3.2) and buoyancy and flotation (point 3.3).

All recreational craft of design categories A and B, and recreational craft of design categories C and D longer than 6 metres shall be provided with one or more stowage points for a life raft (life rafts) large enough to hold the number of persons the recreational craft was designed to carry as recommended by the manufacturer. Life raft stowage point(s) shall be readily accessible at all times.

All habitable multihull recreational craft susceptible of inversion shall be provided with viable means of escape in the event of inversion. Where there is a means of escape provided for use in the inverted position, it shall not compromise the structure (point 3.1), the stability (point 3.2) or buoyancy (point 3.3) whether the recreational craft is upright or inverted.

Every habitable recreational craft shall be provided with viable means of escape in the event of fire.

All watercraft, taking into account their design category and their characteristics, shall be fitted with one or more strong points or other means capable of safely accepting anchoring, mooring and towing loads.

The manufacturer shall ensure that the handling characteristics of the watercraft are satisfactory with the most powerful propulsion engine for which the watercraft is designed and constructed. For all propulsion engines, the maximum rated engine power shall be declared in the owner’s manual.

All inboard mounted engines shall be placed within an enclosure separated from living quarters and installed so as to minimise the risk of fires or spread of fires as well as hazards from toxic fumes, heat, noise or vibrations in the living quarters.

Engine parts and accessories that require frequent inspection and/or servicing shall be readily accessible.

The insulating materials inside the engine compartment shall not sustain combustion.

The engine compartment shall be ventilated. The ingress of water into the engine compartment through openings must be minimised.

Unless the engine is protected by a cover or its own enclosure, exposed moving or hot parts of the engine that could cause personal injury shall be effectively shielded.

Every outboard propulsion engine fitted on any watercraft shall have a device to prevent the engine being started in gear, except:

Personal watercraft shall be designed either with an automatic propulsion engine cut-off or with an automatic device to provide reduced speed, circular, forward movement when the driver dismounts deliberately or falls overboard.

Tiller-controlled outboard propulsion engines shall be equipped with an emergency stopping device which can be linked to the helmsman.

The filling, storage, venting and fuel-supply arrangements and installations shall be designed and installed so as to minimise the risk of fire and explosion.

Fuel tanks, lines and hoses shall be secured and separated or protected from any source of significant heat. The material the tanks are made of and their method of construction shall be in accordance with their capacity and the type of fuel.

Petrol fuel tank spaces shall be ventilated.

Petrol fuel tanks shall not form part of the hull and shall be:

Diesel fuel tanks may be integral with the hull.

Electrical systems shall be designed and installed so as to ensure proper operation of the watercraft under normal conditions of use and shall be such as to minimise risk of fire and electric shock.

All electrical circuits, except engine starting circuits supplied from batteries, shall remain safe when exposed to overload.

Electric propulsion circuits shall not interact with other circuits in such a way that either would fail to operate as intended.

Ventilation shall be provided to prevent the accumulation of explosive gases which might be emitted from batteries. Batteries shall be firmly secured and protected from ingress of water.

Steering and propulsion control systems shall be designed, constructed and installed in order to allow the transmission of steering loads under foreseeable operating conditions.

Every sailing recreational craft and single-propulsion engine non-sailing recreational craft with remote-controlled rudder steering systems shall be provided with emergency means of steering the recreational craft at reduced speed.

Gas systems for domestic use shall be of the vapour-withdrawal type and shall be designed and installed so as to avoid leaks and the risk of explosion and be capable of being tested for leaks. Materials and components shall be suitable for the specific gas used to withstand the stresses and exposures found in the marine environment.

Each gas appliance intended by the manufacturer for the application for which it is used shall be so installed in accordance with the manufacturer’s instructions. Each gas-consuming appliance must be supplied by a separate branch of the distribution system, and each appliance must be controlled by a separate closing device. Adequate ventilation must be provided to prevent hazards from leaks and products of combustion.

All watercraft with a permanently installed gas system shall be fitted with an enclosure to contain all gas cylinders. The enclosure shall be separated from the living quarters, accessible only from the outside and ventilated to the outside so that any escaping gas drains overboard.

In particular, any permanently installed gas system shall be tested after installation.

The type of equipment installed and the layout of the watercraft shall take account of the risk and spread of fire. Special attention shall be paid to the surroundings of open flame devices, hot areas or engines and auxiliary machines, oil and fuel overflows, uncovered oil and fuel pipes and routing of electrical wiring in particular away from heat sources and hot areas.

Recreational craft shall be supplied with fire-fighting equipment appropriate to the fire hazard, or the position and capacity of fire-fighting equipment appropriate to the fire hazard shall be indicated. The craft shall not be put into service until the appropriate fire-fighting equipment is in place. Petrol engine compartments shall be protected by a fire extinguishing system that avoids the need to open the compartment in the event of fire. Where fitted, portable fire extinguishers shall be readily accessible and one shall be so positioned that it can easily be reached from the main steering position of the recreational craft.

Where navigation lights, shapes and sound signals are fitted, they shall comply with the 1972 COLREG (The International Regulations for Preventing Collisions at Sea) or CEVNI (European Code for Interior Navigations for inland waterways) Regulations as appropriate.

Watercraft shall be constructed so as to prevent the accidental discharge of pollutants (oil, fuel, etc.) overboard.

Any toilet fitted in a recreational craft shall be connected solely to a holding tank system or water treatment system.

Recreational craft with installed holding tanks shall be fitted with a standard discharge connection to enable pipes of reception facilities to be connected with the recreational craft discharge pipeline.

In addition, any through-the-hull pipes for human waste shall be fitted with valves which are capable of being secured in the closed position.

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

The marks referred to in point 1.1 must be durable for the normal life of the engine and must be clearly legible and indelible. If labels or plates are used, they must be attached in such a manner that the fixing is durable for the normal life of the engine, and the labels/plates cannot be removed without destroying or defacing them.

The marks must be secured to an engine part necessary for normal engine operation and not normally requiring replacement during the engine life.

The marks must be located so as to be readily visible after the engine has been assembled with all the components necessary for engine operation.

Propulsion engines shall be designed, constructed and assembled so that when correctly installed and in normal use, emissions shall not exceed the limit values obtained from point 2.1, Table 1 and point 2.2, Tables 2 and 3:

Values applying for the purposes of Article 55(2) and Table 2 of point 2.2:

(g/kWh)	(g/kWh)	(g/kWh)	(g/kWh)	(g/kWh)	(g/kWh)	(g/kWh)	(g/kWh)	(g/kWh)
Type	Carbon monoxide$CO=A+ B∕PnN$	Carbon monoxide$CO=A+ B∕PnN$	Carbon monoxide$CO=A+ B∕PnN$	Hydrocarbons$HC=A+ B∕PnN$	Hydrocarbons$HC=A+ B∕PnN$	Hydrocarbons$HC=A+ B∕PnN$	Nitrogen oxidesNOx	ParticulatesPT
	A	B	n	A	B	n
Two-stroke spark ignition	150,0	600,0	1,0	30,0	100,0	0,75	10,0	Not applicable
Four-stroke spark ignition	150,0	600,0	1,0	6,0	50,0	0,75	15,0	Not applicable
Compression ignition	5,0	0	0	1,5	2,0	0,5	9,8	1,0

Where A, B and n are constants in accordance with the table, PN is the rated engine power in kW.

Values applying from 18 January 2016:

Alternatively, compression-ignition engines with rated engine power at or above 37 kW and below 75 kW and with a swept volume below 0,9 L/cyl shall not exceed a PT emission limit of 0,20 g/kWh and a combined $HC+ NOx$ emission limit of 5,8 g/kWh.	Alternatively, compression-ignition engines with rated engine power at or above 37 kW and below 75 kW and with a swept volume below 0,9 L/cyl shall not exceed a PT emission limit of 0,20 g/kWh and a combined $HC+ NOx$ emission limit of 5,8 g/kWh.	Alternatively, compression-ignition engines with rated engine power at or above 37 kW and below 75 kW and with a swept volume below 0,9 L/cyl shall not exceed a PT emission limit of 0,20 g/kWh and a combined $HC+ NOx$ emission limit of 5,8 g/kWh.	Alternatively, compression-ignition engines with rated engine power at or above 37 kW and below 75 kW and with a swept volume below 0,9 L/cyl shall not exceed a PT emission limit of 0,20 g/kWh and a combined $HC+ NOx$ emission limit of 5,8 g/kWh.
Any compression-ignition engine shall not exceed a Carbon monoxide (CO) emission limit of 5,0 g/kWh.	Any compression-ignition engine shall not exceed a Carbon monoxide (CO) emission limit of 5,0 g/kWh.	Any compression-ignition engine shall not exceed a Carbon monoxide (CO) emission limit of 5,0 g/kWh.	Any compression-ignition engine shall not exceed a Carbon monoxide (CO) emission limit of 5,0 g/kWh.
Swept VolumeSV(L/cyl)	Rated Engine Power PN(kW)	ParticulatesPT(g/kWh)	Hydrocarbons + Nitrogen Oxides$HC+ NOx$(g/kWh)
$SV< 0,9$	$PN< 37$	The values referred to in table 1	The values referred to in table 1
$SV< 0,9$	$37≤ PN< 75$[^f00019]	0,3	4,7
$SV< 0,9$	$75≤ PN<3700$	0,15	5,8
$0,9≤ SV< 1,2$	$PN<3700$	0,14	5,8
$1,2≤ SV< 2,5$	$PN<3700$	0,12	5,8
$2,5≤ SV< 3,5$	$PN<3700$	0,12	5,8
$3,5≤ SV< 7,0$	$PN<3700$	0,11	5,8
Type of engine	Rated EnginePower PN(kW)	Carbon monoxideCO(g/kWh)	Hydrocarbons + Nitrogen Oxides$HC+ NOX$(g/kWh)
---	---	---	---
Stern-drive and inboard engines	$PN≤ 373$	75	5
Stern-drive and inboard engines	$373< PN≤ 485$	350	16
Stern-drive and inboard engines	$PN> 485$	350	22
Outboard engines and PWC engines	$PN≤ 4,3$	$500−5,0× PN$	30
Outboard engines and PWC engines	$4,3< PN≤ 40$	$500−5,0× PN$	$15,7+50PN0,9$
Outboard engines and PWC engines	$PN> 40$	300	$15,7+50PN0,9$

Test cycles:

Test cycles and weighting factors to be applied:

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

For variable speed CI engines test cycle E1 or E5 shall be applied or alternatively, above 130 kW, test cycle E3 may be applied. For variable speed SI engines test cycle E4 shall be applied.

Cycle E1, Mode number	1	2	3	3	4	5
Speed	Rated speed	Rated speed	Intermediate speed	Intermediate speed	Intermediate speed	Low-idle speed
Torque, %	100	75	75	75	50	0
Weighting factor	0,08	0,11	0,19	0,19	0,32	0,3
Speed	Rated speed	Rated speed	Intermediate speed	Intermediate speed	Intermediate speed	Low-idle speed
Cycle E3, Mode number	1	1	2	3	4
Speed, %	100	100	91	80	63
Power, %	100	100	75	50	25
Weighting factor	0,2	0,2	0,5	0,15	0,15
Cycle E4, Mode number	1	1	2	3	4	5
Speed, %	100	100	80	60	40	Idle
Torque, %	100	100	71,6	46,5	25,3	0
Weighting factor	0,06	0,06	0,14	0,15	0,25	0,4
Cycle E5, Mode number	1	1	2	3	4	5
Speed, %	100	100	91	80	63	Idle
Power, %	100	100	75	50	25	0
Weighting factor	0,08	0,08	0,13	0,17	0,32	0,3

Notified Approved bodies may accept tests carried out on the basis of other tests cycles as specified in a harmonised designated standard and as applicable for the engine duty cycle.

The engine manufacturer shall be responsible for defining those engines from his range which are to be included in an engine family.

A parent engine shall be selected from an engine family in such a way that its emissions characteristics are representative for all engines in that engine family. The engine incorporating those features that are expected to result in the highest specific emissions (expressed in g/kWh), when measured on the applicable test cycle, should normally be selected as the parent engine of the family.

The test fuel used for exhaust emission testing shall meet the following characteristics:

Petrol Fuels	Petrol Fuels	Petrol Fuels	Petrol Fuels	Petrol Fuels
Property	RF-02-99Unleaded	RF-02-99Unleaded	RF-02-03Unleaded	RF-02-03Unleaded
	min	max	min	max
Research Octane Number (RON)	95	—	95	—
Motor Octane Number (MON)	85	—	85	—
Density at 15 oC (kg/m³)	748	762	740	754
Initial boiling point (°C)	24	40	24	40
Mass fraction of sulphur (mg/kg)	—	100	—	10
Lead content (mg/l)	—	5	—	5
Reid vapour pressure (kPa)	56	60	—	—
Vapour pressure (DVPE) (kPa)	—	—	56	60
Diesel Fuels	Diesel Fuels	Diesel Fuels	Diesel Fuels	Diesel Fuels
Property	RF-06-99	RF-06-99	RF-06-03	RF-06-03
	min	max	min	max
Cetane number	52	54	52	54
Density at 15 oC (kg/m³)	833	837	833	837
Final boiling point (°C)	—	370	—	370
Flash point (°C)	55	—	55	—
Mass fraction of sulphur (mg/kg)	To be reported	300 (50)	—	10
Mass fraction of ash (%)	To be reported	0,01	—	0,01

Notified Approved bodies may accept tests carried out on the basis of other tests fuel as specified in a harmonised designated standard.

The manufacturer of the engine shall supply engine installation and maintenance instructions, which if applied should mean that the engine in normal use will continue to comply with the limits set out in points 2.1 and 2.2 throughout the normal life of the engine and under normal conditions of use.

This information shall be obtained by the engine manufacturer by use of prior endurance testing, based on normal operating cycles, and by calculation of component fatigue so that the necessary maintenance instructions may be prepared by the manufacturer and issued with all new engines when first placed on the market.

The normal life of the engine is as follows:

Each engine shall be provided with an owner’s manual in a language or languages which can be easily understood by consumers and other end-users, as determined by the relevant state in which the engine is to be marketed English.

The owner’s manual shall:

Recreational craft with inboard or stern drive engines without integral exhaust, personal watercraft and outboard engines and stern drive engines with integral exhaust shall comply with the essential requirements for noise emissions set out in this Part.

Rated Engine Power(single engine)In kW	Maximum Sound Pressure Level = LpASmaxIn dB
$PN≤ 10$	67
$10< PN≤ 40$	72
$PN> 40$	75

where PN = rated engine power in kW of a single engine at rated speed and LpASmax = maximum sound pressure level in dB.

For twin-engine and multiple-engine units of all engine types an allowance of 3 dB may be applied.

As an alternative to sound measurement tests, recreational craft with inboard engine configuration or stern drive engine configuration, without integral exhaust, shall be deemed to comply with the noise requirements set out in point 1.1 if they have a Froude number of ≤ 1,1 and a Power to Displacement ratio of ≤ 40 and where the engine and exhaust system are installed in accordance with the engine manufacturer’s specifications.

$Fn=Vg. lwl$

‘Power to Displacement ratio’ shall be calculated by dividing the rated engine power PN (in kW) by the recreational craft’s displacement D (in tonnes)

$Power to Displacement ratio=PND$

For recreational craft with inboard engine or stern drive engines without integral exhaust and personal watercraft, the owner’s manual required under point 2.5 of Part A, shall include information necessary to maintain the recreational craft and exhaust system in a condition that, insofar as is practicable, will ensure compliance with the specified noise limit values when in normal use.

For outboard engines and stern drive engines with integral exhaust, the owner’s manual required under Section 4 of Part B shall provide the instructions necessary to maintain the engine in a condition, that insofar as is practicable, will ensure compliance with the specified noise limit values when in normal use.

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

The declaration by the manufacturer or the importer established in the Union referred to in Article 6(2) established in the United Kingdom referred to in regulation 7(1)(b) shall contain the following: