Directive 94/25/EC of the European Parliament and of the Council of
16 June 1994 on the approximation of the laws, regulations and administrative
provisions of the Member States relating to recreational craft
Official Journal L 164 , 30/06/1994 P. 0015 -
0038
Finnish special edition: Chapter 13 Volume 26 P. 0098
Swedish
special edition: Chapter 13 Volume 26 P. 0098
DIRECTIVE 94/25/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 June 1994 on the approximation of the laws, regulations and administrative provisions
of the Member States relating to recreational craft THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in
particular Article 100a thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189b of the
Treaty (3), Whereas the internal market is to comprise an area without internal frontiers
in which the free movement of goods, persons, services and capital is
ensured; Whereas the laws, regulations and administrative provisions in force in the
various Member States relating to the safety characteristics of recreational
craft differ in scope and content; whereas such disparities are liable to create
barriers to trade and unequal conditions of competition within the internal
market; Whereas harmonization of national legislation is the only way in which to
remove these barriers to free trade; whereas this objective cannot be
satisfactorily achieved by the individual Member States; whereas this Directive
merely lays down the requirements vital to freedom of movement for recreational
craft; Whereas this Directive should cover only recreational craft of a minimum
length of 2,5 m and a maximum length of 24 m, derived from the ISO
standards; Whereas the removal of technical barriers in the field of recreational craft
and their components, to the extent that they cannot be removed by mutual
recognition of equivalence among all the Member States, should follow the new
approach set out in the Council resolution of 7 May 1985 (4) which calls for the
definition of essential requirements on safety and other aspects which are
important for the general well-being; whereas paragraph 3 of Article 100a
provides that, in its proposals, concerning health, safety, environmental
protection and consumer protection, the Commission will take as a base a high
level of protection; whereas the essential requirements constitute the criteria
with which recreational craft, partly completed craft and their components when
separate and when installed must comply; Whereas, therefore, this Directive sets out essential requirements only;
whereas, in order to facilitate the task of proving compliance with the
essential requirements, harmonized European standards are necessary for
recreational craft and their components as referred to in Annex II; whereas
harmonized European standards are drawn up by private bodies and must retain
their non-mandatory status; whereas, for this purpose, the European Committee
for Standardization (CEN) and the European Committee for Electrotechnical
Standardization (Cenelec) are recognized as the bodies competent to adopt
harmonized standards which follow the general guidelines for cooperation between
the Commission and those two bodies, signed on 13 November 1984; whereas, for
the purposes of this Directive, a harmonized standard is a technical
specification (European Standard or harmonization document) adopted by one or
other of those bodies, or by both, at the prompting of the Commission pursuant
to Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the
provision of information in the field of technical standards and regulations (5)
and pursuant to the general guidelines referred to above; Whereas, in view of the nature of the risks involved in the use of
recreational craft and their components, it is necessary to establish procedures
applying to the assessment of compliance with the essential requirements of the
Directive; whereas these procedures must be devised in the light of the level of
risk which may be inherent in recreational craft and their components; whereas,
therefore, each category of conformity must be supplemented by an appropriate
procedure or a choice between several equivalent procedures; whereas the
procedures adopted comply with Council Decision 93/465/EEC of 22 July 1993
concerning the modules for the various phases of the conformity assessment
procedures and the rules for the affixing and use of the CE conformity marking
which are intended to be used in the technical harmonization Directives (1); Whereas the Council has provided for the affixing of the CE marking by either
the manufacturer or his authorized representative within the Community; whereas
that mark means that the recreational craft and components comply with all the
essential requirements and assessment procedures provided for by the Community
law applying to the product; Whereas it is appropriate that the Member States, as provided for by Article
100a (5) of the Treaty, may take provisional measures to limit or prohibit the
placing on the market and the use of recreational craft or constituent products
thereof in cases where they present a particular risk to the safety of persons
and, where appropriate, domestic animals or property, provided that the measures
are subject to a Community control procedure; Whereas the recipients of any decision taken as part of this Directive must
be aware of the reasons behind that decision and the means of appeal open to
them; Whereas it is necessary to provide for a transitional arrangement enabling
recreational craft and their components manufactured in compliance with the
national regulations in force at the date of adoption of this Directive to be
marketed and placed in service; Whereas this Directive does not contain any provisions directed towards
limiting the use of the recreational craft after it has been put into
service; Whereas the construction of recreational craft may have an impact on the
environment to the extent that the craft may discharge polluting substances;
whereas it is therefore necessary to include provisions on the protection of the
environment in the Directive, in so far as those provisions concern the
construction of recreational craft from the point of view of its direct impact
on the environment; Whereas the provisions of this Directive should not affect Member States'
entitlement to lay down, in accordance with the Treaty, such requirements as
they may deem necessary concerning navigation on certain waters for the purpose
of protection of the environment, the fabric of waterways and ensuring safety on
waterways, provided that this does not mean that the recreational craft is
modified in a way not specified in this Directive, HAVE ADOPTED THIS DIRECTIVE: CHAPTER I Article 1 1. This Directive shall apply to recreational craft, partly completed boats
and components referred to in Annex II when separate and when installed. 2. 'Recreational craft' shall mean any boat of any type, regardless of the
means of propulsion, from 2,5 to 24 m hull length, measured according to the
appropriate harmonized standards intended for sports and leisure purposes. The
fact that the same boat could be used for charter or for recreational boating
training shall not prevent it being covered by this Directive when it is placed
on the market for recreational purposes. 3. The following shall be excluded from the scope of this Directive: (a) craft intended solely for racing, including rowing racing boats and
training rowing boats labelled as such by the manufacturer; (b) canoes and kayaks, gondolas and pedalos; (c) sailing surfboards; (d) powered surfboards, personal watercraft and other similar powered
craft; (e) original, and individual replicas of, historical craft designed before
1950, built predominantly with the original materials and labelled as such by
the manufacturer; (f) experimental craft, provided that they are not subsequently placed on the
Community market; (g) craft built for own use, provided that they are not subsequently placed
on the Community market during a period of five years; (h) craft specifically intended to be crewed and to carry passengers for
commercial purposes, without prejudice to paragraph 2, in particular those
defined in Directive 82/716/EEC of 4 October 1982 laying down technical
requirements for inland waterway vessels (2), regardless of the number of
passengers; (i) submersibles; (j) air cushion vehicles; (k) hydrofoils. Article 2 Placing on the market and putting into service 1. Member States shall take all necessary measures to ensure that the
products referred to in Article 1 (1) may be placed on the market and put into
service for use in accordance with their intended purpose only if they do not
endanger the safety and health of persons, property or the environment when
correctly constructed and maintained. 2. The provisions of this Directive shall not prevent Member States from
adopting, in compliance with the Treaty, provisions concerning navigation on
certain waters for the purpose of protection of the environment, the fabric of
waterways, and ensuring safety of waterways, providing that this does not
require modification to craft conforming to this Directive. Article 3 Essential requirements The products referred to in Article 1 (1) shall meet the essential safety,
health, environmental protection and consumer protection requirements set out in
Annex I. Article 4 Free movement of the products referred to in Article 1 (1) 1. Member States shall not prohibit, restrict or impede the placing on the
market and putting into service in their territory of the products referred to
in Article 1 (1) bearing the CE marking referred to in Annex IV, which indicates
their conformity with all provisions of this Directive, including the conformity
procedures set out in Chapter II. 2. Member States shall not prohibit, restrict or impede the placing on the
market of partly-completed boats where the builder or his authorized
representative established in the Community or the person responsible for the
placing on the market declares, in accordance with Annex IIIA, that they are
intended to be completed by others. 3. Member States shall not prohibit, restrict or impede the placing on the
market and putting into service of components referred to in Annex II and
bearing the CE marking referred to in Annex IV which indicates their conformity
with the relevant essential requirements where these components are intended to
be incorporated into recreational craft, in accordance with the declaration,
referred to in Annex IIIB, of the manufacturer, his authorized representative
established in the Community or, in the case of imports from a third country, of
any person who places those components on the Community market. 4. At trade fairs, exhibitions, demonstrations, etc., Member States shall not
create any obstacles to the showing of the products referred to in Article 1 (1)
which do not comply with this Directive, provided that a visible sign clearly
indicates that such products may not be marketed or put into service until they
have been made to comply. 5. Where the products referred to in Article 1 (1) are subject to other
Directives concerning other aspects and which also provide for the affixing of
the CE marking, the latter shall indicate that such products also fulfil the
provisions of those other Directives. However, should one or more of those
Directives allow the manufacturer, during a transitional period, to choose which
arrangements to apply, the CE marking shall indicate that the product fulfils
the provisions only of those Directives applied by the manufacturer. In this
case, the particulars of those Directives, as published in the Official Journal
of the European Communities, must be given in the documents, notices or
instructions required by those Directives and accompanying such products. Article 5 Member States shall presume compliance with the essential requirements
referred to in Article 3 of products referred to in Article 1 (1) which meet the
relevant national standards adopted pursuant to the harmonized standards the
references of which have been published in the Official Journal of the European
Communities; Member States shall publish the references of such national
standards. Article 6 1. Where a Member State or the Commission is of the opinion that the
harmonized standards referred to in Article 5 do not fully meet the essential
requirements referred to in Article 3, the Commission or the Member State shall
notify the committee set up under Directive 83/189/CEE, setting out its reasons.
The committee shall deliver an urgent opinion. In the light of the opinion of the committee, the Commission shall inform
Member States if the standards concerned should be withdrawn from the
publications referred to in Article 5. 2. The Commission may adopt any appropriate measure with a view to ensuring
that this Directive is applied practically in a uniform manner in pursuance of
paragraph 3. 3. The Commission shall be assisted by a Standing Committee composed of
representatives appointed by the Member States and chaired by a representative
from the Commission. The Standing Committee shall draw up its own rules of procedure. The representative of the Commission shall submit to the Committee a draft of
the measures to be taken. The Committee shall deliver its opinion on the draft
within a time limit which the chairman may lay down according to the urgency of
the matter, if necessary by taking a vote. The opinion shall be recorded in the minutes; in addition, each Member State
shall have the right to ask to have its position recorded in the minutes. The Commission shall take the utmost account of the opinion delivered by the
Committee. It shall inform the Committee of the manner in which its opinion has
been taken into account. 4. The Standing Committee may, in addition, examine any question concerning
the application of this Directive and raised by its chairman, either at the
chairman's initiative or at the request of a Member State. Article 7 Safeguard clause 1. Where a Member State ascertains that recreational craft or components
referred to in Annex II and bearing the CE marking referred to in Annex IV when
correctly constructed, installed, maintained and used in accordance with their
intended purpose may endanger the safety and health of persons, property or the
environment, it shall take all appropriate interim measures to withdraw them
from the market or prohibit or restrict their being placed on the market or put
into service. The Member State shall immediately inform the Commission of any such measure,
indicating the reasons for its decision, in particular where non-conformity is
the result of: (a) failure to comply with the essential requirements referred to in Article
3; (b) incorrect application of the standards referred to in Article 5, in so
far as it is claimed that those standards have been applied; (c) shortcomings in the standards referred to in Article 5 themselves. 2. The Commission shall enter into consultation with the parties concerned as
soon as possible. Where, after such consultation, the Commission finds that: - the measures are justified, it shall immediately so inform the Member State
which took the initiative and the other Member States; where the decision
referred to in paragraph 1 is attributed to shortcomings in the standards, the
Commission shall, after consulting the parties concerned, bring the matter
before the Committee referred to in Article 6 (1) within two months, if the
Member State which has taken the decision intends to maintain it, and shall
initiate the procedure referred to in Article 6 (1), - the measures are unjustified, it shall immediately so inform the Member
State which took the initiative and the manufacturer or his authorized
representative established in the Community. 3. Where a non-complying component referred to in Annex II or craft bears the
CE marking, the appropriate measures shall be taken by the Member State which
has authority over whomsoever affixed the marking; that Member State shall
inform the Commission and the other Member States thereof. 4. The Commission shall ensure that the Member States are kept informed of
the progress and outcome of this procedure. CHAPTER II Conformity assessment Article 8 Before producing and placing on the market products referred to in Article 1
(1), the manufacturer or his authorized representative established in the
Community shall apply the following procedures for boat design categories A, B,
C and D as referred to in Section 1 of Annex I. 1. For categories A and B: - for boats of less than 12 m hull length: the internal production control
plus tests (module Aa) referred to in Annex VI, - for boats from 12 m to 24 m hull length: the EC type-examination (module B)
referred to in Annex VII supplemented by module C (type conformity) referred to
in Annex VIII, or any of the following modules: B + D, or B + F, or G or H. 2. For category C: (a) for boats from 2,5 m to 12 m hull length: - where the harmonized standards relating to sections 3.2 and 3.3 of Annex I
are complied with: the internal production control (module A), referred to in
Annex V, - where the harmonized standards relating Sections 3.2 and 3.3 of Annex I are
not complied with: the internal production control plus tests (module Aa)
referred to in Annex VI. (b) for boats from 12 m to 24 m hull length: the EC type-examination (module
B) referred to in Annex VII followed by module C (type conformity) referred to
in Annex VIII, or any of the following modules: B + D, or B + F, or G or H. 3. For category D: For boats from 2,5 m to 24 m hull length: the internal production control
(module A) referred to in Annex V. 4. For components referred to in Annex II: any of the following modules: B +
C, or B + D, or B + F, or G or H. Article 9 Notified bodies 1. Member States shall notify the Commission and other Member States of the
bodies which they have appointed to carry out the tasks pertaining to the
conformity assessment procedures referred to in Article 8, together with the
specific tasks which these bodies have been appointed to carry out and the
identification numbers assigned to them beforehand by the Commission. The Commission shall publish a list of the notified bodies, together with the
identification numbers it has allocated to them and the tasks for which they
have been notified, in the Official Journal of the European Communities. It
shall ensure that the list is kept up to date. 2. Member States shall apply the criteria laid down in Annex XIV in assessing
the bodies to be indicated in such notification. Bodies meeting the assessment
criteria laid down in the relevant harmonized standards shall be presumed to
fulfil those criteria. 3. A Member State shall withdraw its approval from such a body if it is
established that the latter no longer satisfies the criteria referred to in
Annex XIV. It shall inform the Commission and the other Member States of its
action forthwith. CHAPTER III CE Marking Article 10 1. Recreational craft and components as referred to in Annex II which are
regarded as meeting the essential requirements referred to in Article 3 must
bear the CE marking of conformity when they are placed on the market. 2. The CE marking of conformity, as shown in Annex IV, must appear in a
visible, legible and indelible form on the recreational craft as in point 2.2 of
Annex I and on components as referred to in Annex II and/or on their
packaging. The CE marking shall be accompanied by the identification number of the
notified body responsible for implementation of the procedures set out in
Annexes VI, IX, X, XI and XII. 3. The affixing of markings or inscriptions on the craft which are likely to
mislead third parties with regard to the meaning or the form of the CE marking
shall be prohibited. Any other markings may be affixed to the recreational craft
and components as referred to in Annex II and/or on their packaging, provided
that the visibility and legibility of the CE marking is not thereby reduced. 4. Without prejudice to Article 7: (a) where a Member State establishes that the CE marking has been affixed
wrongly, the manufacturer or his authorized representative established in the
Community shall be obliged to end the infringement under conditions laid down by
the Member State; (b) where non-compliance continues, the Member State shall take all
appropriate measures to restrict or prohibit the placing on the market of the
product in question or to ensure that it is withdrawn from the market, in
accordance with the procedure laid down in Article 7. CHAPTER IV Final provisions Article 11 Detailed grounds shall be given for any decision taken pursuant to this
Directive leading to a restriction on the marketing and putting into service of
products referred to in Article 1 (1). The party concerned shall be informed of
the decision as soon as possible together with the means of redress available
under the laws in force in the Member State concerned and the periods within
which appeals must be lodged. Article 12 The Commission shall take the necessary measures to ensure that data
affecting all pertinent decisions concerning the management of this Directive
are made available. Article 13 1. Member States shall adopt and publish the laws, regulations and
administrative provisions necessary to comply with this Directive not later than
16 December 1995. They shall immediately inform the Commission thereof. Member States shall apply these provisions from 16 June 1996. The Standing Committee referred to in Article 6 (3) may assume its tasks from
the date of the entry into force of this Directive. Member States may take the
measures referred to in Article 9 of such date. When Member States adopt the provisions referred to in the first
subparagraph, these shall contain a reference to this Directive or shall be
accompanied by such a reference at the time of their official publication. The
procedure for such reference shall be adopted by Member States. 2. Member States shall communicate to the Commission the text of the
provisions of national law which they adopt in the field governed by this
Directive. 3. Member States shall accept the placing on the market and putting into
service of products referred to in Article 1 (1) which comply with the rules in
force in their territory on the date of adoption of this Directive during a
period of four years from that date. Article 14 This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities. Article 15 This Directive is addressed to the Member States. Done at Brussels, 16 June 1994. For the European Parliament The President E. KLEPSCH For the Council The President Y. PAPANTONIOU (1) OJ No C 123, 15. 5. 1992, p. 7. (2) OJ No C 313, 30. 11. 1992, p. 38. (3) Opinion of the European Parliament of 16 November 1992 (OJ No C 337, 21.
12. 1992, p. 17); Council common position of 16 December 1993 (OJ No C 137, 19.
5. 1994, p. 1); Decision of the European Parliament of 9 March 1994 (OJ No C 91,
28. 3. 1994). (4) OJ No C 136, 4. 6. 1985, p. 1. (5) OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by Directive
88/182/EEC (OJ No L 81, 26. 3. 1988, p. 75). (1) OJ No L 220, 30. 8. 1993, p. 23. (2) OJ No L 301, 28. 10. 1982, p. 1. ANNEX I ESSENTIAL SAFETY REQUIREMENTS FOR THE DESIGN AND CONSTRUCTION OF RECREATIONAL
CRAFT 1. BOAT DESIGN CATEGORIES >TABLE> Definitions: A. OCEAN: Designed for extended voyages where conditions may exceed wind
force 8 (Beaufort scale) and significant wave heights of 4 m and above, and
vessels largely self-sufficient. B. OFFSHORE: Designed for offshore voyages where conditions up to, and
including, wind force 8 and significant wave heights up to, and including, 4 m
may be experienced. C. INSHORE: Designed for voyages in coastal waters, large bays, estuaries,
lakes and rivers where conditions up to, and including, wind force 6 and
significant wave heights up to, and including, 2 m may be experienced. D. SHELTERED WATERS: Designed for voyages on small lakes, rivers, and canals
where conditions up to, and including, wind force 4 and significant wave heights
up to, and including, 0,5 m may be experienced. Boats in each Category must be designed and constructed to withstand these
parameters in respect of stability, buoyancy, and other relevant essential
requirements listed in Annex I, and to have good handling characteristics. 2. GENERAL REQUIREMENTS Recreational craft and components as referred to in Annex II shall comply
with the essential requirements in so far as they apply to them. 2.1. Hull identification Each craft shall be marked with a hull identification number including the
following information: - manufacturer's code, - country of manufacture, - unique serial number, - year of production, - model year. The relevant harmonized standard gives details of these requirements. 2.2. Builder's plate Each craft shall carry a permanently affixed plate mounted separately from
the boat hull identification number, containing the following information: - manufacturer's name, - CE marking (see Annex IV), - boat design category according to section 1, - manufacturer's maximum recommended load according to section 3.6, - number of persons recommended by the manufacturer for which the boat was
designed to carry when under way. 2.3. Protection from falling overboard and means of reboarding Depending on the design category, craft shall be designed to minimize the
risks of falling overboard and to facilitate reboarding. 2.4. Visibility from the main steering position For motor boats, the main steering position shall give the operator, under
normal conditions of use (speed and load), good all-round visibility. 2.5. Owner's manual Each craft shall be provided with an owner's manual in the official Community
language or languages which may be determined by the Member State in which it is
marketed in accordance with the Treaty. This manual should draw particular
attention to risks of fire and flooding and shall contain the information listed
in sections 2.2, 3.6 and 4 as well as the unladen weight of the craft in
kilograms. 3. INTEGRITY AND STRUCTURAL REQUIREMENTS 3.1. Structure The choice and combination of materials and its construction shall ensure
that the craft is strong enough in all respects. Special attention shall be paid
to the design category according to section 1, and the manufacturer's maximum
recommended load in accordance with section 3.6. 3.2. Stability and freeboard The craft shall have sufficient stability and freeboard considering its
design category according to section 1 and the manufacturer's maximum
recommended load according to section 3.6. 3.3. Buoyancy and flotation The craft shall be constructed to ensure that it has buoyancy characteristics
appropriate to its design category according to section 1.1, and the
manufacturer's maximum recommended load according to section 3.6. All habitable
multihull craft shall be so designed as to have sufficient buoyancy to remain
afloat in the inverted position. Boats of less than six 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. 3.4. Openings in hull, deck and superstructure Openings in hull, deck(s) and superstructure shall not impair the structural
integrity of the craft or its weathertight integrity when closed. Windows, portlights, doors and hatchcovers shall withstand the water pressure
likely to be encountered in their specific position, as well as pointloads
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 according to section 3.6, shall be fitted with shutoff means
which shall be readily accessible. 3.5. Flooding All craft shall be designed so as to minimize the risk of sinking. Particular attention should be paid where appropriate to: - cockpits and wells, which should be self-draining or have other means of
keeping water out of the boat interior, - ventilation fittings, - removal of water by pumps or other means. 3.6. Manufacturer's maximum recommended load The manufacturer's maximum recommended load (fuel, water, provisions,
miscellaneous equipment and people (in kilograms)) for which the boat was
designed, as marked on the builder's plate, shall be determined according to the
design category (section 1), stability and freeboard (section 3.2) and buoyancy
and flotation (section 3.3). 3.7. Liferaft stowage All craft of categories A and B, and craft of categories C and D longer than
six metres shall be provided with one or more stowage points for a liferaft
(liferafts) large enough to hold the number of persons the boat was designed to
carry as recommended by the manufacturer. This (these) stowage point(s) shall be
readily accessible at all times. 3.8. Escape All habitable multihull craft over 12 metres long shall be provided with
viable means of escape in the event of inversion. All habitable craft shall be provided with viable means of escape in the
event of fire. 3.9. Anchoring, mooring and towing All craft, 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. 4. HANDLING CHARACTERISTICS The manufacturer shall ensure that the handling characteristics of the craft
are satisfactory with the most powerful engine for which the boat is designed
and constructed. For all recreational marine engines, the maximum rated engine
power shall be declared in the owner's manual in accordance with the harmonized
standard. 5. INSTALLATION REQUIREMENTS 5.1. Engines and engine spaces 5.1.1. Inboard engine All inboard mounted engines shall be placed within an enclosure separated
from living quarters and installed so as to minimize 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 engine spaces shall be non-combustible. 5.1.2. Ventilation The engine compartment shall be ventilated. The dangerous ingress of water
into the engine compartment through all inlets must be prevented. 5.1.3. Exposed parts 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. 5.1.4. Outboard engines starting All boats with outboard engines shall have a device to prevent starting the
engine in gear, except: (a) when the engine produces less than 500 newtons (N) of static thrust; (b) when the engine has a throttle limiting device to limit thrust to 500 N
at the time of starting the engine. 5.2. Fuel system 5.2.1. General The filling, storage, venting and fuel-supply arrangements and installations
shall be designed and installed so as to minimize the risk of fire and
explosion. 5.2.2. Fuel tanks 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 according to their capacity and the type of
fuel. All tank spaces shall be ventilated. Liquid fuel with a flash point below 55 °C shall be kept in tanks which do
not form part of the hull and are: (a) insulated from the engine compartment and from all other source of
ignition; (b) separated from living quarters. Liquid fuel with a flash point equal to or above 55 °C may be kept in tanks
that are integral with the hull. 5.3. Electrical system Electrical systems shall be designed and installed so as to ensure proper
operation of the craft under normal conditions of use and shall be such as to
minimize risk of fire and electric shock. Attention shall be paid to the provision of overload and short-circuit
protection of all circuits, except engine starting circuits, supplied from
batteries. Ventilation shall be provided to prevent the accumulation of gases which
might be emitted from batteries. Batteries shall be firmly secured and protected
from ingress of water. 5.4. Steering system 5.4.1. General Steering systems shall be designed, constructed and installed in order to
allow the transmission of steering loads under foreseeable operating
conditions. 5.4.2. Emergency arrangements Sailboat and single-engined inboard powered motor boats with
remote-controlled rudder steering systems shall be provided with emergency means
of steering the craft at reduced speed. 5.5. Gas system 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 appliance shall be equipped with a flame failure device effective on all
burners. 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 craft 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. Any permanent gas system
shall be tested after installation. 5.6. Fire protection 5.6.1. General The type of equipment installed and the layout of the craft 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 avoiding electrical
wiring above hot areas of machines. 5.6.2. Fire-fighting equipment Craft shall be supplied with fire-fighting equipment appropriate to the fire
hazard. Petrol engine enclosures shall be protected by a fire extinguishing
system that avoids the need to open the enclosure 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 craft. 5.7. Navigation lights Where navigation lights are fitted, they shall comply with the 1972 Colreg or
CEVNI regulations, as appropriate. 5.8. Discharge prevention Craft shall be constructed so as to prevent the accidental discharge of
pollutants (oil, fuel, etc.) overboard. Craft fitted with toilets shall have either: (a) holding tanks; or (b) provision to fit holding tanks on a temporary basis in areas of use where
the discharge of human waste is restricted. In addition, any through-the-hull pipes for human waste shall be fitted with
valves which are capable of being sealed shut. ANNEX II COMPONENTS 1. Ignition-protected equipment for inboard and stern drive engines. 2. Start-in-gear protection devices for outboard engines. 3. Steering wheels, steering mechanisms and cable assemblies. 4. Fuel tanks and fuel hoses. 5. Prefabricated hatches and portlights. ANNEX III DECLARATION BY THE BUILDER OR HIS AUTHORIZED REPRESENTATIVE ESTABLISHED IN
THE COMMUNITY OR THE PERSON RESPONSIBLE FOR PLACING ON THE MARKET (Article 4 (2) and (3)) (a) The declaration by the builder or his authorized representative
established in the Community referred to in Article 4 (2) (partly completed
craft) shall contain the following: - the name and address of the builder, - the name and address of the representative of the builder established in
the Community or, if appropriate, of the person responsible for the placing on
the market, - a description of the partly completed craft, - a statement that the partly completed craft is intended to be completed by
others and that it complies with the essential requirements that apply at this
stage of construction. (b) The declaration by the builder, his authorized representative established
in the Community or the person responsible for placing on the market referred to
in Article 4 (3) (components) shall contain the following: - the name and address of the builder, - the name and address of the representative of the builder established in
the Community or, if appropriate, of the person responsible for the placing on
the market, - a description of the component, - a statement that the component complies with the relevant essential
requirements. ANNEX IV CE MARKING The CE conformity marking must consist of the initials 'CE' taking the
following form: >REFERENCE TO A GRAPHIC> If the marking is reduced or enlarged, the proportions given in the above
graduated drawing must be respected. The various elements of the CE marking must have about the same vertical
dimension, which shall not be less than 5 mm. The CE marking is followed by the identification number of the notified body,
if it intervenes in the control of production, as well as by the last two
figures of the year that the CE marking is affixed. ANNEX V INTERNAL PRODUCTION CONTROL (module A) 1. The manufacturer or his authorized representative established within the
Community, who carries out the obligations laid down in point 2, ensures and
declares that the products concerned satisfy the requirements of the Directive
that apply to them. The manufacturer or his authorized representative
established within the Community shall affix the CE marking to each product and
draw up a written declaration of conformity (see Annex XV). 2. The manufacturer shall establish the technical documentation described in
paragraph 3 and he or his authorized representative established within the
Community shall keep it for a period ending at least 10 years after the last
product has been manufactured at the disposal of the relevant national
authorities for inspection purposes. Where neither the manufacturer nor his authorized representative is
established within the Community, the obligation to keep the technical
documentation available shall be the responsibility of the person who places the
product on the Community market. 3. Technical documentation shall enable the conformity of the products with
the requirements of the Directive to be assessed. It shall, as far as relevant
for such assessment, cover the design, manufacture and operation of the product
(see Annex XIII). 4. The manufacturer or his authorized representative shall keep a copy of the
declaration of conformity with the technical documentation. 5. The manufacturer shall take all measures necessary in order that the
manufacturing process shall ensure compliance of the manufactured products with
the technical documentation referred to in point 2 and with the requirements of
the Directive that apply to them. ANNEX VI INTERNAL PRODUCTION CONTROL PLUS TESTS (module Aa, option 1) This module consists of module A, as referred to in Annex V, plus the
following supplementary requirements: On one or several boats 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: - test of stability according to point 3.2 of the Essential Requirements, - test of buoyancy characteristics according to point 3.3 of the Essential
Requirements Provisions common to both variations These tests or calculations or control shall be carried out on the
responsibility of a notified body chosen by the manufacturer. On the
responsibility of the notified body, the manufacturer shall affix the former's
distinguishing number during the manufacturing process. ANNEX VII EC TYPE-EXAMINATION (module B) 1. A notified body ascertains and attests that a specimen, representative of
the production envisaged, meets the provisions of the Directive that apply to
it. 2. The application for the EC type-examination shall be lodged by the
manufacturer or his authorized representative established within the Community
with a notified body of his choice. The application shall include: - the name and address of the manufacturer and, if the application is lodged
by the authorized representative, his name and address in addition, - a written declaration that the same application has not been lodged with
any other notified body, - the technical documentation, as described in point 3. The applicant shall place at the disposal of the notified body a specimen,
representative of the production envisaged and hereinafter called 'type'
(*). The notified body may request further specimens if needed for carrying out
the test programme. 3. The technical documentation shall enable the conformity of the product
with the requirements of the Directive to be assessed. It shall, as far as
relevant for such assessment, cover the design, manufacture and functioning of
the product (see Annex XIII). 4. The notified body shall: 4.1. examine the technical documentation, verify that the type has been
manufactured in conformity with the technical documentation and identify the
elements which have been designed in accordance with the relevant provisions of
the standards referred to in Article 5, as well as the components which have
been designed without applying the relevant provisions of those standards; 4.2. perform or have performed the appropriate examinations and necessary
tests to check whether, where the standards referred to in Article 5 have not
been applied, the solutions adopted by the manufacturer meet the Essential
Requirements of the Directive; 4.3. perform or have performed the appropriate examinations and necessary
tests to check whether, where the manufacturer has chosen to apply the relevant
standards, these have actually been applied; 4.4. agree with the applicant the location where the examinations and
necessary tests shall be carried out. 5. Where the type meets the provisions of the Directive, the notified body
shall issue an EC type-examination certificate to the applicant. The certificate
shall contain the name and address of the manufacturer, conclusions of the
examination, conditions for its validity and the necessary data for
identification of the approved type. A list of the relevant parts of the technical documentation shall be annexed
to the certificate and a copy kept by the notified body. If the manufacturer is denied a type certification, the notified body shall
provide detailed reasons for such denial. 6. The applicant shall inform the notified body that holds the technical
documentation concerning the EC type-examination certificate of all
modifications to the approved product which must receive additional approval
where such changes may affect the conformity with the essential requirements or
the prescribed conditions for use of the product. This additional approval is
given in the form of an addition to the original EC type-examination
certificate. 7. Each notified body shall communicate to the other notified bodies the
relevant information concerning the EC type-examination certificates and
additions issued and withdrawn. 8. The other notified bodies may receive copies of the EC type-examination
certificates and/or their additions. The annexes to the certificates shall be
kept at the disposal of the other notified bodies. 9. The manufacturer or his authorized representative shall keep with the
technical documentation copies of EC type-examination certificates and their
additions for a period ending at least 10 years after the last product has been
manufactured. Where neither the manufacturer nor his authorized representative is
established within the Community, the obligation to keep the technical
documentation available shall be the responsibility of the person who places the
product on the Community market. (*) A type may cover several versions of the product provided that the
differences between the versions do not affect the level of safety and the other
requirements concerning the performance of the product. ANNEX VIII CONFORMITY TO TYPE (module C) 1. The manufacturer or his authorized representative established within the
Community ensures and declares that the products concerned are in conformity
with the type as described in the EC type-examination certificate and satisfy
the requirements of the Directive that applies to them. The manufacturer shall
affix the CE marking to each product and draw up a written declaration of
conformity (see Annex XV). 2. The manufacturer shall take all measures necessary to ensure that the
manufacturing process assures compliance of the manufactured products with the
type as described in the EC type-examination certificate and with the
requirements of the Directive that apply to them. 3. The manufacturer or his authorized representative shall keep a copy of the
declaration of conformity for a period ending at least 10 years after the last
product has been manufactured. Where neither the manufacturer nor his authorized representative is
established within the Community, the obligation to keep the technical
documentation available shall be the responsibility of the person who places the
product on the Community market (see Annex XIII). ANNEX IX PRODUCTION QUALITY ASSURANCE (module D) 1. The manufacturer who satisfies the obligations of point 2 ensures and
declares that the products concerned are in conformity with the type as
described in the EC type-examination certificate and satisfy the requirements of
the Directive that apply to them. The manufacturer or his authorized
representative established within the Community shall affix the CE marking to
each product and draw up a written declaration of conformity (see Annex XV). The
CE marking shall be accompanied by the distinguishing number of the notified
body responsible for the monitoring as specified in point 4. 2. The manufacturer shall operate an approved quality system for production,
final product inspection and testing as specified in paragraph 3 and shall be
subject to monitoring as specified in point 4. 3. Quality system 3.1. The manufacturer shall lodge an application for assessment of his
quality system with a notified body of his choice, for the products
concerned. The application shall include: - all relevant information for the product category envisaged, - the documentation concerning the quality system, - where appropriate, the technical documentation of the approved type (see
Annex XIII) and a copy of the EC type-examination certificate. 3.2. The quality system shall ensure compliance of the products with the type
as described in the EC type-examination certificate and with the requirements of
the Directive that apply to them. All the elements, requirements and provisions adopted by the manufacturer
shall be documented in a systematic and orderly manner in the form of written
policies, procedures and instructions. The quality system documentation must
permit a consistent interpretation of the quality programmes, plan, manuals and
records. It shall contain in particular an adequate description of: - the quality objectives and the organizational structure, responsibilities
and powers of the management with regard to product quality, - the manufacturing, quality control and quality assurance techniques,
processes and systematic actions that will be used, - the examinations and tests that will be carried out before, during and
after manufacture, and the frequency with which they will be carried out, - the quality records, such as inspection reports and test data, calibration
data, qualification reports of the personnel concerned, etc., - the means to monitor the achievement of the required product quality and
the effective operation of the quality system. 3.3. The notified body shall assess the quality system to determine whether
it satisfies the requirements referred to in point 3.2. It shall presume
conformity with these requirements in respect of quality systems that implement
the relevant harmonized standard. The auditing team shall have at least one member with experience of
evaluation in the product technology concerned. The evaluation procedure shall
include an inspection visit to the manufacturer's premises. The decision shall be notified to the manufacturer. The notification shall
contain the conclusions of the examination and the reasoned assessment
decision. 3.4. The manufacturer shall undertake to fulfil the obligations arising out
of the quality system as approved and to uphold it so that it remains adequate
and efficient. The manufacturer or his authorized representative shall keep the notified
body that has approved the quality system informed of any intended updating of
the quality system. The notified body shall evaluate the modifications proposed and decide
whether the amended quality system will still satisfy the requirements referred
to in paragraph 3.2 or whether a reassessment is required. It shall notify its decisions to the manufacturer. The notification shall
contain the conclusions of the examination and the reasoned assessment
decision. 4. Surveillance under the responsibility of the notified 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. 4.2. The manufacturer shall allow the notified body entrance for inspection
purposes to the locations of manufacture, inspection and testing, and storage
and shall provide it with all necessary information, in particular: - the quality system documentation, - the quality records, such as inspection reports and test data, calibration
data, qualification reports of the personnel concerned, etc. 4.3. The notified body shall periodically carry out audits to make sure that
the manufacturer maintains and applies the quality system and shall provide an
audit report to the manufacturer. 4.4. Additionally the notified body may pay unexpected visits to the
manufacturer. During such visits the notified body may carry out, or cause to be
carried out, tests to verify that the quality system is functioning correctly,
if necessary. The notified body shall provide the manufacturer with a visit
report and, if a test has taken place, with a test report. 5. The manufacturer shall, for a period ending at least 10 years after the
last product has been manufactured, keep at the disposal of the national
authorities: - the documentation referred to in the second indent of the second
subparagraph of point 3.1, - the updating referred to in the second subparagraph of point 3.4, - the decision and reports from the notified body which are referred to in
the final subparagraph of point 3.4, point 4.3 and point 4.4. 6. Each notified body shall give the other notified bodies the relevant
information concerning the quality system approvals issued and withdrawn. ANNEX X PRODUCT VERIFICATION (module F) 1. This module describes the procedure whereby a manufacturer or his
authorized representative established within the Community checks and attests
that the products subject to the provisions of point 3 are in conformity with
the type as described in the EC type-examination certificate and satisfy the
requirements of the Directive that apply to them. 2. The manufacturer shall take all measures necessary in order that the
manufacturing process ensures conformity of the products with the type as
described in the EC type-examination certificate and with the requirements of
the Directive that apply to them. The manufacturer or his authorized
representative established within the Community shall affix the CE marking to
each product and shall draw up a declaration of conformity (see Annex XV). 3. The notified body shall carry out the appropriate examinations and tests
in order to check the conformity of the product with the requirements of the
Directive either by examination and testing of every product as specified in
point 4 or by examination and testing of products on a statistical basis, as
specified in point 5, at the choice of the manufacturer. 3a. The manufacturer or his authorized representative shall keep a copy of
the declaration of conformity for a period ending at least 10 years after the
last product has been manufactured. 4. Verification by examination and testing of every product 4.1. All products shall be individually examined and appropriate tests as set
out in the relevant standard(s) referred to in Article 5 or equivalent tests
shall be carried out in order to verify their conformity with the type as
described in the EC type-examination certificate and the requirements of the
Directive that apply to them. 4.2. The notified body shall affix, or cause to be affixed, its
distinguishing number to each approved product and draw up a written certificate
of conformity relating to the tests carried out. 4.3. The manufacturer or his authorized representative shall ensure that he
is able to supply the notified body's certificates of conformity on request. 5. Statistical verification 5.1. The manufacturer shall present his products in the form of homogeneous
lots and shall take all measures necessary in order that the manufacturing
process ensures the homogeneity of each lot produced. 5.2. All products shall be available for verification in the form of
homogeneous lots. A random sample shall be drawn from each lot. Products in a
sample shall be individually examined and appropriate tests as set out in the
relevant standard(s) referred to in Article 5, or equivalent tests, shall be
carried out to ensure their conformity with the requirements of the Directive
which apply to them and to determine whether the lot is accepted or
rejected. 5.3. The statistical procedure shall use the following elements: - the statistical method to be applied, - the sampling plan with its operational characteristics. 5.4. In the case of accepted lots, the notified body shall affix, or cause to
be affixed, its distinguishing number to each product and shall draw up a
written certificate of conformity relating to the tests carried out. All
products in the lot may be put on the market except those products from the
sample which were found not to be in conformity. If a lot is rejected, the notified body or the competent authority shall take
appropriate measures to prevent the putting on the market of that lot. In the
event of frequent rejection of lots the notified body may suspend the
statistical verification. The manufacturer may, under the responsibility of the notified body, affix
the latter's distinguishing number during the manufacturing process. 5.5. The manufacturer or his authorized representative shall ensure that he
is able to supply the notified body's certificates of conformity on request. ANNEX XI UNIT VERIFICATION (module G) 1. This module describes the procedure whereby the manufacturer ensures and
declares that the product concerned, which has been issued with the certificate
referred to in point 2, conforms to the requirements of the Directive that apply
to it. The manufacturer or his authorized representative established within the
Community shall affix the CE marking to the product and draw up a declaration of
conformity (see Annex XV). 2. The notified body shall examine the individual product and carry out the
appropriate tests as set out in the relevant standard(s) referred to in Article
5, or equivalent tests, to ensure its conformity with the relevant requirements
of the Directive. The notified body shall affix, or cause to be affixed, its distinguishing
number on the approved product and shall draw up a certificate of conformity
concerning the tests carried out. 3. The aim of the technical documentation is to enable conformity with the
requirements of the Directive to be assessed and the design, manufacture and
operation of the product to be understood (see Annex XIII). ANNEX XII FULL QUALITY ASSURANCE (module H) 1. This module describes the procedure whereby the manufacturer who satisfies
the obligations of paragraph 2 ensures and declares that the products concerned
satisfy the requirements of the Directive that apply to them. The manufacturer
or his authorized representative established within the Community shall affix
the CE marking to each product and draw up a written declaration of conformity
(see Annex XV). The CE marking shall be accompanied by the distinguishing number
of the notified body responsible for the surveillance as specified in point
4. 2. The manufacturer shall operate an approved quality system for design,
manufacture and final product inspection and testing as specified in point 3 and
shall be subject to surveillance as specified in point 4. 3. Quality system 3.1. The manufacturer shall lodge an application for assessment of his
quality system with a notified body. The application shall include: - all relevant information for the product cagetory envisaged, - the quality system's documentation. 3.2. The quality system shall ensure compliance of the products with the
requirements of the Directive that apply to them. All the elements, requirements and provisions adopted by the manufacturer
shall be documented in a systematic and orderly manner in the form of written
policies, procedures and instructions. This quality system documentation shall
ensure a common understanding of the quality policies and procedures such as
quality programmes, plans, manuals and records. It shall contain in particular an adequate description of: - the quality objectives and the organizational structure, responsibilities
and powers of the management with regard to design and product quality, - the technical design specifications, including standards, that will be
applied and, where the standards referred to in Article 5 will not be applied in
full, the means that will be used to ensure that the essential requirements of
the Directive that apply to the products will be met, - the design control and design verification techniques, processes and
systematic actions that will be used when designing the products pertaining to
the product category covered, - the corresponding manufacturing, quality control and quality assurance
techniques, processes and systematic actions that will be used, - the examinations and tests that will be carried out before, during and
after manufacture, and the frequency with which they will be carried out, - the quality records, such as inspection reports and test data, calibration
data, qualification reports of the personnel concerned, etc., - the means to monitor the achievement of the required design and product
quality and the effective operation of the quality system. 3.3. The notified body shall assess the quality system to determine whether
it satisfies the requirements referred to in point 3.2. It shall presume
compliance with these requirements in respect of quality systems that implement
the relevant harmonized standard (EN 29001). The auditing team shall have at least one member experienced as an assessor
in the product technology concerned. The evaluation procedure shall include an
assessment visit to the manufacturer's premises. The decision shall be notified to the manufacturer. The notification shall
contain the conclusions of the examination and the reasoned assessment
decision. 3.4. The manufacturer shall undertake to fulfil the obligations arising out
of the quality system as approved and to uphold it so that it remains adequate
and efficient. The manufacturer or his authorized representative shall keep the notified
body that has approved the quality system informed of any intended updating of
the quality system. The notified body shall evaluate the modifications proposed and decide
whether the amended quality system will still satisfy the requirements referred
to in paragraph 3.2 or whether a reassessment is required. It shall notify its decision to the manufacturer. The notification shall
contain the conclusions of the examination and the reasoned assessment
decision. 4. EC surveillance under the responsibility of the notified 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. 4.2. The manufacturer shall allow the notified body entrance for inspection
purposes to the locations of design, manufacture, inspection and testing, and
storage, and shall provide it with all necessary information, in particular: - the quality system documentation, - the quality records as foreseen by the design part of the quality system,
such as results of analyses, calculations, tests, etc., - the quality records as foreseen by the manufacturing part of the quality
system, such as inspection reports and test data, calibration data,
qualification reports of the personnel concerned, etc. 4.3. The notified body shall periodically carry out audits to make sure that
the manufacturer maintains and applies the quality system and shall provide an
audit report to the manufacturer. 4.4. Additionally the notified body may pay unexpected visits to the
manufacturer. At the time of such visits, the notified body may carry out tests
or have them carried out in order to check the proper functioning of the quality
system where necessary; it shall provide the manufacturer with a visit report
and, if a test has been carried out, with a test report. 5. The manufacturer shall, for a period ending at least 10 years after the
last product has been manufactured, keep at the disposal of the national
authorities: - the documentation referred to in the second indent of the second
subparagraph of point 3.1, - the updating referred to in the second subparagraph of point 3.4, - the decisions and reports from the notified body which are referred to in
the final subparagraph of point 3.4, point 4.3 and point 4.4. 6. Each notified body shall forward to the other notified bodies the relevant
information concerning the quality system approvals issued and withdrawn. ANNEX XIII TECHNICAL DOCUMENTATION SUPPLIED BY THE MANUFACTURER The technical documentation referred to in Annexes V, VII, VIII, IX and XI
must comprise all relevant data or means used by the manufacturer to ensure that
components or craft comply with the essential requirements relating to them. The technical documentation shall enable understanding of the design,
manufacture and operation of the product, and shall enable assessment of
conformity with the requirements of this Directive. The documentation shall contain so far as relevant for assessment: - a general description of the type, - conceptual design and manufacturing drawings and schemes of components,
sub-assemblies, circuits, etc., - descriptions and explanations necessary for the understanding of said
drawings and schemes and the operation of the product, - a list of the standards referred to in Article 5, applied in full or in
part, and descriptions of the solutions adopted to fulfil the essential
requirements when the standards referred to in Article 5 have not been
applied, - results of design calculations made, examinations carried out, etc., - test reports, or calculations namely on stability according to point 3.2 of
the Essential Requirements and on buoyancy according to point 3.3 of the
Essential Requirements. ANNEX XIV MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES FOR THE
NOTIFICATION OF BODIES 1. The body, its director and the staff responsible for carrying out the
verification tests shall not be the designer, manufacturer, supplier or
installer of boat or components which they inspect, nor the authorized
representative of any of these parties. They shall not become either involved
directly or as authorized representatives in the design, construction, marketing
or maintenance of the said products. This does not preclude the possibility of
exchanges of technical information between the manufacturer and the body. 2. The body and its staff shall carry out the verification tests with the
highest degree of professional integrity and technical competence and shall be
free from all pressures and inducements, particularly financial, which might
influence their judgment or the result of the inspection, especially from
persons or groups of persons with an interest in the result of
verifications. 3. The body shall have at its disposal the necessary staff and possess the
necessary facilities to enable it to perform properly the administrative and
technical tasks connected with verification; it shall also have access to the
equipment required for special verification. 4. The staff responsible for inspection shall have: - sound technical and professional training, - satisfactory knowledge of the requirements of the tests they carry out and
adequate experience of such tests, - the ability to draw up the certificates, records and reports required to
authenticate the performance of the tests. 5. The impartiality of inspection staff shall be guaranteed. Their
remuneration shall not depend on the number of tests carried out or on the
results of such tests. 6. The body shall take out liability insurance unless its liability is
assumed by the State in accordance with national law, or the Member State itself
is directly responsible for the tests. 7. The staff of the body shall be bound to observe professional secrecy with
regard to all information gained in carrying out its tasks (except vis-à-vis the
competent administrative authorities of the State in which its activities are
carried out) under the Directive or any provision of national law giving effect
to it. ANNEX XV WRITTEN DECLARATION OF CONFORMITY 1. The written declaration of conformity to the provisions of the Directive
must always accompany: - the recreational craft and be joined to the owner's manual (Annex I, point
2.5), - the components as referred to in Annex II. 2. The written declaration of conformity shall include the following (1): - name and address of the manufacturer or his authorized representative
established in the Community (2), - description of the recreational craft (3) or of the component (3), - references to the relevant harmonized standards used, or references to the
specifications in relation to which conformity is declared, - where appropriate, reference to the EC type-examination certificate issued
by a notified body, - where appropriate, the name and address of the notified body, - identification of the person empowered to sign on behalf of the
manufacturer or his authorized representative established within the
Community. (1) and be drawn up in the language(s) as foreseen under point 2.5 of Annex
I. (2) business name and full address; authorized representative must also give
the business name and address of the manufacturer. (3) description of the product make, type, serial number, where
appropriate.