The Recreational Craft Regulations 2017

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:

Design and construction

On one or several watercrafts representing the production of the manufacturer one or more of the following tests, equivalent calculation or control shall be carried out by the manufacturer or on his behalf:

Noise emissions

For recreational craft fitted with inboard or stern drive engines without integral exhaust and for personal watercraft, on one or several watercraft representing the production of the watercraft manufacturer, the sound emission tests defined in Part C of Annex I Schedule 1 shall be carried out by the watercraft manufacturer, or on his behalf, under the responsibility of a notified an approved body chosen by the manufacturer.

For outboard engines and stern drive engines with integral exhaust, on one or several engines of each engine family representing the production of the engine manufacturer, the sound emission tests defined in Part C of Annex I Schedule 1 shall be carried out by the engine manufacturer, or on his behalf, under the responsibility of a notified an approved body chosen by the manufacturer.

Where more than one engine of an engine family is tested, the statistical method described in Annex VII Schedule 7 shall be applied to ensure conformity of the sample.

If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.	If n ≥ 20 then $k=0,860∕n$.
n	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17	18	19
k	0,973	0,613	0,489	0,421	0,376	0,342	0,317	0,296	0,279	0,265	0,253	0,242	0,233	0,224	0,216	0,21	0,203	0,198

In the cases referred to in Article 24(5) regulation 52 when the quality level appears unsatisfactory, the following procedure shall apply:

An engine is taken from the series and subjected to the test described in Part B of Annex I Schedule 1. Test engines shall have been run in, partially or completely, in accordance with the manufacturer’s specifications. If the specific exhaust emissions of the engine taken from the series exceed the limit values in accordance with Part B of Annex I Schedule 1, the manufacturer may ask for measurements to be done on a sample of engines taken from the series and including the engine originally taken. To ensure the conformity of the sample of engines with the requirements of this Directive these Regulations, the statistical method described in Annex VII Schedule 7 shall be applied.

The technical documentation referred to in Article 7(2) and Article 25 shall, as far as it is relevant for the assessment, contain the following:

SCHEDULE 15 — Conformity assessment procedures

MODULE A — Internal production control

Internal production control

1

Internal production control is the conformity assessment procedure whereby the manufacturer—

• (a) fulfils the obligations set out in paragraphs 2 to 4; and

• (b) ensures and declares on the manufacturer's sole responsibility that the product concerned meets the essential requirements that apply to it.

Technical documentation

2

• (1) The manufacturer must draw up the technical documentation.

• (2) The technical documentation must—

• (a) make it possible to assess the product's conformity with the essential requirements that apply to it;

• (b) include an adequate analysis and assessment of any risks;

• (c) specify the essential requirements that apply to the product; and

• (d) cover, as far as relevant for the assessment, the design, manufacture and operation of the product.

• (3) The technical documentation must contain, where applicable, at least the following—

• (a) a general description of the product;

• (b) conceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits;

• (c) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product;

• (d) a list of the designated standards and other relevant technical specifications applied in full or in part (and where designated standards have been applied in part, the technical documentation must specify the parts which have been applied);

• (e) where designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements;

• (f) results of design calculations made and examinations carried out;

• (g) test reports.

Manufacturing

3

The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure compliance of the manufactured product with—

• (a) the technical documentation referred to in paragraph 2; and

• (b) the essential requirements that apply to it.

UK marking and declaration of conformity

4

• (1) The manufacturer must affix the UK marking to each individual product that meets the essential requirements that apply to it.

• (2) The manufacturer must draw up a declaration of conformity for each product model and keep it together with the technical documentation at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up.

• (3) The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request.

MODULE A1 — Internal production control plus supervised product testing

Internal production control plus supervised product testing

1

Internal production control plus supervised product testing is the conformity assessment procedure whereby the manufacturer—

• (a) fulfils the obligations set out in paragraphs 2 to 5; and

• (b) ensures and declares on the manufacturer's sole responsibility that the product concerned meets the essential requirements that apply to it.

Technical documentation

2

• (1) The manufacturer must draw up the technical documentation.

• (2) The technical documentation must—

• (a) make it possible to assess the product's conformity with the essential requirements that apply to it;

• (b) include an adequate analysis and assessment of any risks;

• (c) specify the essential requirements that apply to the product; and

• (d) cover, as far as relevant for the assessment, the design, manufacture and operation of the product.

• (3) The technical documentation must contain, where applicable, at least the following—

• (a) a general description of the product;

• (b) conceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits;

• (c) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product;

• (d) a list of the designated standards and other relevant technical specifications applied in full or in part (and where designated standards have been applied in part, the technical documentation must specify the parts which have been applied);

• (e) where designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements;

• (e) results of design calculations made and examinations carried out;

• (f) test reports.

Manufacturing

3

The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure compliance of the manufactured product with—

• (a) the technical documentation referred to in paragraph 2; and

• (b) the essential requirements that apply to it.

Product checks

4

• (1) For each individual product manufactured, one or more tests on one or more specific aspects of the product must be carried out on the manufacturer's behalf in order to verify the product's conformity with the essential requirements that apply to it.

• (2) The tests must be carried out under the responsibility of an approved body chosen by the manufacturer.

• (3) The manufacturer must, under the responsibility of the approved body, affix the approved body's identification number to the product during the manufacturing process.

UK marking and declaration of conformity

5

• (1) The manufacturer must affix the UK marking to each individual product that meets the essential requirements that apply to it.

• (2) The manufacturer must draw up a declaration of conformity for each product model and keep it together with the technical documentation at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up.

• (3) The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request.

MODULE B — Type examination

Type examination

1

Type examination is the part of a conformity assessment procedure in which an approved body—

• (a) examines the technical design of a product; and

• (b) verifies and attests that the technical design of the product meets the essential requirements that apply to it.

How type examination must be carried out, etc.

2

• (1) The conformity assessment procedure must include an assessment of the adequacy of the technical design of the product through examination of the technical documentation and supporting evidence referred to in paragraph 3, plus examination of specimens, representative of the production envisaged, of one or more critical parts of the product (combination of production type and design type).

• (2) The assessment referred to in sub-paragraph (1) may cover several versions of the product if—

• (a) the differences between the versions of the product do not affect the level of safety and the other requirements concerning the performance of the product; and

• (b) the different versions of the product are referred to in the corresponding type examination certificate, if necessary by means of amendments to the original certificate.

Application for type examination

3

• (1) The manufacturer must lodge an application for type examination with a single approved body of the manufacturer's choice.

• (2) The application must include—

• (a) the name and address of the manufacturer and, if the application is lodged by an authorised representative, the name and address of the authorised representative;

• (b) a declaration that the same application has not been lodged with any other approved body;

• (c) the technical documentation;

• (d) the specimens representative of the production envisaged; and

• (e) the supporting evidence for the adequacy of the technical design solution.

• (3) The manufacturer must, if requested by the approved body, provide further specimens if needed for carrying out the test programme.

• (4) The technical documentation referred to in sub-paragraph (2)(c) must—

• (a) make it possible to assess the product's conformity with the essential requirements that apply to it;

• (b) include an adequate analysis and assessment of any risks;

• (c) specify the essential requirements that apply to the product; and

• (d) cover, as far as relevant for the assessment, the design, manufacture and operation of the product.

• (5) The technical documentation referred to in sub-paragraph (2)(c) must contain, where applicable, at least the following—

• (a) a general description of the product;

• (b) conceptual design and manufacturing drawings and schemes of components, sub-assemblies and circuits;

• (c) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product;

• (d) a list of the designated standards and other relevant technical specifications applied in full or in part (and where designated standards have been applied in part, the technical documentation must specify the parts which have been applied);

• (e) where designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements;

• (f) results of design calculations made and examinations carried out;

• (g) test reports.

• (5) The supporting evidence for the adequacy of the technical design solution referred to in sub-paragraph (2)(e) must—

• (a) mention any documents that have been used, in particular where the relevant designated standards or technical specifications have not been applied in full; and

• (b) include, where necessary, the results of tests carried out by the appropriate laboratory of the manufacturer, or by another testing laboratory on the manufacturer's behalf and under the manufacturer's responsibility.

Examination, etc. by approved body

4

• (1) The approved body must examine the technical documentation and supporting evidence to assess the adequacy of the technical design of the product.

• (2) The approved body must—

• (a) verify that the specimen has been manufactured in conformity with the technical documentation, and identify the elements which have been designed in accordance with the applicable provisions of the relevant designated standards or technical specifications, as well as the elements which have been designed without applying the relevant provisions of those standards or specifications;

• (b) carry out appropriate examinations and tests, or have them carried out, to check whether, where the manufacturer has chosen to apply the solutions in the relevant designated standards or technical specifications, these have been applied correctly;

• (c) carry out appropriate examinations and tests, or have them carried out, to check whether, where the solutions in the relevant designated standards or technical specifications have not been applied, the solutions adopted by the manufacturer meet the essential requirements covered by the standards or specifications; and

• (d) agree with the manufacturer on a location where the examinations and tests will be carried out.

Evaluation report

5

The approved body must draw up an evaluation report that records the activities undertaken in accordance with paragraph 4 and their outcomes. Without prejudice to its obligations vis-à vis the Secretary of State, the approved body may release the content of the report, in full or in part, only with the agreement of the manufacturer.

Type examination certificate

6

• (1) Where the type meets the essential requirements that apply to the product concerned, the approved body must issue a type examination certificate to the manufacturer.

• (2) The certificate (which may have one or more annexes attached) must contain—

• (a) the name and address of the manufacturer;

• (b) the conclusions of the examination;

• (c) the conditions (if any) for its validity;

• (d) the necessary data for identification of the approved type; and

• (e) all relevant information to allow the conformity of manufactured products with the examined type to be evaluated and to allow for in-service control.

• (3) Where the type does not meet the essential requirements that apply to the product concerned, the approved body must refuse to issue a type examination certificate and must inform the applicant accordingly, giving detailed reasons for its refusal.

Changes

7

• (1) The approved body must keep itself apprised of any changes in the generally acknowledged state of the art which indicate that the approved type may no longer comply with the essential requirements that apply to the product concerned and must determine whether such changes require further investigation. If so, the approved body must inform the manufacturer accordingly.

• (2) The manufacturer must inform the approved body that holds the technical documentation relating to the type examination certificate of all modifications to the approved type that may affect the conformity of the product with the essential requirements that apply to it or the conditions for validity of the certificate. Such modifications require additional approval in the form of an addition to the original type examination certificate.

Approved body's duties in respect of type examination certificates

8

• (1) The approved body must inform the Secretary of State about the type examination certificates and any additions thereto which it has issued or withdrawn and must, periodically or upon request, make available to the Secretary of State a list of certificates and any additions thereto refused, suspended or otherwise restricted.

• (2) The approved body must inform the other approved bodies about the type examination certificates and any additions thereto which it has refused, withdrawn, suspended or otherwise restricted and, upon request, about such certificates and additions thereto which it has issued.

• (3) The approved body must, on request, provide the Secretary of State and other approved bodies with a copy of the type examination certificates and additions thereto which it has issued.

• (4) The approved body must, on request, provide the Secretary of State with a copy of the technical documentation and the results of the examinations carried out by the approved body.

• (5) The approved body must keep a copy of the type examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, until the expiry of the validity of the certificate.

Manufacturer's duties in respect of type examination certificates

9

The manufacturer must keep a copy of the type examination certificate, its annexes and additions together with the technical documentation at the disposal of the enforcing authority for 10 years after the product has been placed on the market.

MODULE C — Conformity to type based on internal production control

Conformity to type based on internal production control

1

Conformity to type based on internal production control is the part of a conformity assessment procedure whereby the manufacturer—

• (a) fulfils the obligations set out in paragraphs 2 and 3; and

• (b) ensures and declares that the product concerned is in conformity with the type described in the type examination certificate and meets the essential requirements that apply to it.

Manufacturing

2

The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured product with—

• (a) the approved type described in the type examination certificate; and

• (b) the essential requirements that apply to it.

UK marking and declaration of conformity

3

• (1) The manufacturer must affix the UK marking to each individual product thatis in conformity with the type described in the type examination certificate and meets the essential requirements that apply to it.

• (2) The manufacturer must draw up a declaration of conformity for each product model and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up.

• (3) The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request.

MODULE C1 — Conformity to type based on internal production control plus supervised product testing

Conformity to type based on internal production control plus supervised product testing

1

Conformity to type based on internal production control plus supervised product testing is the part of a conformity assessment procedure whereby the manufacturer—

• (a) fulfils the obligations set out in paragraphs 2 to 4; and

• (b) ensures and declares on the manufacturer's sole responsibility that the product concerned—

• (i) is in conformity with the type described in the type examination certificate; and

• (ii) meets the essential requirements that apply to it.

Manufacturing

2

The manufacturer must take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured product with—

• (a) the type described in the type examination certificate; and

• (b) the essential requirements that apply to it.

Product checks

3

• (1) For each individual product manufactured, one or more tests on one or more specific aspects of the product must be carried out on the manufacturer's behalf in order to verify the product's conformity with the essential requirements that apply to it.

• (2) The tests must be carried out under the responsibility of an approved body chosen by the manufacturer.

• (3) The manufacturer must, under the responsibility of the approved body, affix the approved body's identification number to the product during the manufacturing process.

UK marking and declaration of conformity

4

• (1) The manufacturer must affix the UK marking to each individual product thatis in conformity with the type described in the type examination certificate and meets the essential requirements that apply to it.

• (2) The manufacturer must draw up a declaration of conformity for each product model and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up.

• (3) The manufacturer must make a copy of the declaration of conformity available to the enforcing authority upon request.

MODULE D — Conformity to type based on quality assurance of the production process

Conformity to type based on quality assurance of the production process

1

Conformity to type based on quality assurance of the production process is the part of a conformity assessment procedure whereby the manufacturer—

• (a) fulfils the obligations set out in paragraphs 2 and 5; and

• (b) ensures and declares on the manufacturer's sole responsibility that the product concerned—

• (i) is in conformity with the type described in the type examination certificate; and

• (ii) meets the essential requirements that apply to it.

Manufacturing

2

The manufacturer—

• (a) must operate an approved quality system for production, final product inspection and testing of the products concerned as specified in paragraph 3; and

• (b) is subject to surveillance as specified in paragraph 4.

Quality system

3

• (1) The manufacturer must lodge an application for assessment of the manufacturer's quality system with the approved body of the manufacturer's choice for the products concerned.

• (2) The application must include—

• (a) the name and address of the manufacturer and, if the application is lodged by the authorised representative, the name and address of the authorised representative;

• (b) a declaration that the same application has not been lodged with any other approved body;

• (c) all relevant information for the product category envisaged;

• (d) the documentation concerning the quality system;

• (e) the technical documentation of the approved type and a copy of the type examination certificate.

• (3) The quality system must ensure that the products—

• (a) are in conformity with the type described in the type examination certificate; and

• (b) meet the essential requirements that apply to them.

• (4) All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions.

• (5) The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records and must, in particular, contain an adequate description of—

• (a) the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality;

• (b) the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;

• (c) the examinations and tests that will be carried out before, during and after manufacture and the frequency with which they will be carried out;

• (d) the quality records, such as inspection reports and test data, calibration data and qualification reports on the personnel concerned; and

• (e) the means of monitoring the achievement of the required product quality and the effective operation of the quality system.

• (6) The approved body must assess the quality system to determine whether it satisfies the requirements referred to in sub-paragraph (3). The approved body must presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant designated standard or technical specification.

• (7) For the purpose of the assessment referred to in sub-paragraph (6), the approved body must ensure that—

• (a) in addition to experience in quality management systems, the auditing team has at least one member with experience of evaluation in the relevant product field and product technology concerned and knowledge of the essential requirements that apply to the products;

• (b) the audit includes an assessment visit to the manufacturer's premises; and

• (c) the auditing team reviews the technical documentation referred to in sub-paragraph (2)(e) to verify the manufacturer's ability to identify the essential requirements that apply to the products and to carry out the necessary examinations with a view to ensuring compliance of the products with those requirements.

• (8) The approved body must notify its decision on whether the quality system satisfies the requirements referred to in sub-paragraph (3) to the manufacturer. The notification must contain the conclusions of the audit and the approved body's reasoned assessment.

• (9) The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.

• (10) The manufacturer must keep the approved body that approved the quality system informed of any intended change to the quality system, and if so informed, the approved body must evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in sub-paragraph (3) or whether a reassessment is necessary.

• (11) The approved body must notify the manufacturer of its decision. The notification must contain the conclusions of the examination and the approved body's reasoned assessment.

Surveillance under the responsibility of the approved body

4

• (1) The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

• (2) The manufacturer must, for assessment purposes, allow the approved body access to the manufacture, inspection, testing and storage sites and must provide it with all necessary information, in particular—

• (a) the quality system documentation;

• (b) the quality records, such as inspection reports and test data, calibration data, and qualification reports on the personnel concerned.

• (3) The approved body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and must provide the manufacturer with an audit report.

• (4) In addition, the approved body may pay unexpected visits to the manufacturer. During such visits the approved body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly. The approved body must provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

UK marking and declaration of conformity

5

• (1) The manufacturer must affix the UK marking and, under the responsibility of the approved body referred to in paragraph 3(1), the approved body's identification number to each individual product that is in conformity with the type described in the type examination certificate and meets the essential requirements that apply to it.

• (2) The manufacturer must draw up a declaration of conformity for each product model and keep it at the disposal of the enforcing authority for 10 years after the product has been placed on the market. The declaration of conformity must identify the product model for which it has been drawn up.