Conformity Assessment Procedure for Recreational Craft and Personal Watercraft

Status (as of January 18, 2017)

Placing products on the market Prior
to the entry into force of Act No. 90/2016 Coll. (on the conformity assessment of specified products when placed on the market) and its implementing Government Regulation No. 96/2016 Coll. (on recreational craft and personal watercraft), the placing of recreational craft and personal watercraft on the market was governed primarily by Act No. 22/1997 Coll. (on technical requirements for products), and its implementing regulation was Government Regulation No. 174/2005 Coll. (laying down technical requirements for recreational craft, partially completed recreational craft and selected parts thereof, personal watercraft, and propulsion engines for recreational craft and personal watercraft). The legal framework of Act No. 22/1997 Coll. did not provide sufficient scope for the proper transposition of directives developed in accordance with the NLF principles; therefore, it was necessary to transfer these directives under the new Act on Conformity Assessment.

Act No. 22/1997 Coll., on technical requirements for products, which was simultaneously amended by Act No. 91/2016 Coll., remains in force alongside the new Act No. 90/2016 Coll. on conformity assessment. Government Regulation No. 96/2016 Coll. (implementing regulation to Act No. 90/2016 Coll.) On April 15, 2016, it repealed and replaced Government Regulation No. 174/2005 Coll. At the same time, a transitional period has been established, allowing Government Regulation No. 174/2005 Coll. to remain in effect until January 18, 2017, or, for trailer-mounted gasoline engines with a power output of less than 15 kW placed on the market by small and medium-sized enterprises, until January 18, 2020:

Products that meet the requirements of Government Regulation No. 174/2005 Coll., as amended prior to the effective date of Government Regulation No. 96/2016 Coll., may continue to be supplied to the market if they were placed on the market or put into service before January 18, 2017; or put into service, provided they were placed on the market before January 18, 2017.

Government Regulation No. 174/2005 Coll. transposed Directive 94/25/EC of the European Parliament and of the Council (on the approximation of the laws, regulations, and administrative provisions of the Member States relating to recreational craft (Recreational Craft Directive)) into Czech law. Directive No. 94/25/EC (RCD) was repealed and replaced by the new Directive No. 2013/53/EU, effective January 18, 2016, which establishes a transitional period during which both directives apply: until January 18, 2017, or until 2020 for outboard spark-ignition engines with a power output of 15 kW or less, placed on the MSP market.

The manufacturer shall carry out the conformity assessment procedure for the product against the essential technical requirements of the Directive and issue an EU Declaration of Conformity. A product that meets the essential technical requirements and for which compliance with these requirements has been verified through the conformity assessment procedure shall bear the CE marking. By affixing the CE marking to the product, the manufacturer declares that the product complies with all applicable requirements and assumes full responsibility for this.

The products subject to conformity assessment pursuant to Government Regulation No. 96/2016 Coll. are
: a) recreational craft, partially completed recreational craft, and recreational craft that has undergone major modifications;
b) personal watercraft, partially completed personal watercraft, and personal watercraft that has undergone major modifications;
c) a vessel component placed on the market separately, namely

equipment protecting inboard and outboard gasoline engines and fuel tanks against unwanted ignition,
equipment for preventing the start of an outboard motor with the gear engaged,
a steering wheel, steering mechanism and control cable system,
a fuel tank intended for permanent installation and a fuel hose, or
a skylight and a prefabricated hatch (installed or intended for installation on or inside a vessel, or installed on or inside a vessel and subject to major modifications)

EU Declaration of Conformity
: The requirements for the EU Declaration of Conformity are set forth in Annex No. 3 to Government Regulation No. 96/2016 Coll. A copy of the EU Declaration of Conformity shall be attached to all products, with the exception of partially completed vessels. A product (with the exception of a partially completed vessel) that meets the essential technical requirements and for which compliance with these requirements has been verified through a conformity assessment procedure shall bear the CE marking.

The EU Declaration of Conformity shall contain the following
information: a) the product number, type
, batch, or series; b) the name and address of the manufacturer, its authorized representative, or private importer; and, if the EU Declaration of Conformity is issued by an authorized representative, also the name and address of the manufacturer;
c) a statement that this declaration of conformity is issued under the sole responsibility of the manufacturer, the private importer, or the person referred to in Section 34(2) or (3) of the Act,
d) identification of the product, including a photograph if applicable,
e) a reference to the relevant European Union harmonization regulations with which the product complies,
f) references to the relevant harmonized standards that were applied or to other technical specifications on the basis of which conformity is declared,
g) the name and number of the notified body, if it participated in the conformity assessment, a description of the intervention it performed during the conformity assessment procedure, and the date of issuance of the corresponding certificate,
h) a statement by the manufacturer of the propulsion engine or the person modifying the propulsion engine that

the exhaust emission limit values of the propulsion engine in accordance with Part B, Section 5 of Annex 1 to this Regulation correspond to the values stated by the manufacturer and to Directive 2013/53/EU, Directive 97/68/EC or Regulation (EC) No 595/2009; provided that the propulsion engine is installed in the vessel in accordance with the instructions provided by the manufacturer or the person modifying the propulsion engine,
the propulsion engine shall not be put into service on a vessel for which a declaration of conformity with the essential technical requirements has not been issued, where required, and
the propulsion engine was placed on the market during the additional transitional period set out in Article 55(2) of Directive 2013/53/EU, provided that the conformity assessment was carried out in accordance with Part B, point 2.1, of Annex 1 to this Regulation,

(i) the name of the person issuing the EU declaration of conformity and their signature; and
(j) the place and date of issue of the EU declaration of conformity.

The declaration by the manufacturer or importer of a partially completed vessel shall contain
: a
) the name and address of the manufacturer; b) the name and address of the manufacturer’s authorized representative established in the European Union or, where applicable, the person responsible for placing the partially completed vessel on the market;
c) a description of the partially completed vessel;
d) a declaration that the partially completed vessel

complies with the essential technical requirements applicable to the stage of completion of the vessel, including a list of the harmonized standards used, the references to which have been published in the Official Journal of the European Union, or the specifications on the basis of which conformity is declared at the given stage of completion of the vessel, and
is intended to be completed by another manufacturer.

Adaptation of products to the
new directive: Types and models currently in production that were assessed under the “old” European Union Directive 94/25/EC will have to undergo an inspection by January 17, 2017, to verify compliance with the requirements of the “new” Directive 2013/53/EU.

Key changes in the new directive
- alignment with the new legislative framework, the so-called NLF;
- any economic operator who either places a product on the market under their own name or trademark, or modifies it in a way that may affect compliance with applicable requirements, should be considered a manufacturer and should assume the obligations of a manufacturer;
- ensuring product traceability throughout the supply chain facilitates market surveillance authorities’ task of tracing economic operators who have supplied a non-compliant product to the market;
- additional testing and product records in cases where the manufacturer or importer suspects that the product poses a risk after being placed on the market;
- Transfer of the power to adopt acts to the European Commission (the Commission, following prior consultation, will be able to include test cycles for hybrid engines and introduce test fuels blended with biofuels into the table of test fuels as soon as these test fuels are internationally recognized);
- good visibility for all types of watercraft (previously only for motorized watercraft);
- a user manual must be provided with every specified product (previously only for watercraft);

- the Watercraft Identification Number (WIN) was previously referred to as the Craft Identification Code (CIN);
- after falling overboard, means for reboarding the vessel must be accessible or usable by a person in the water without assistance;
- requirements regarding the post-construction assessment (PCA) of recreational craft have been clarified - private importers only;
- Engine exhaust emissions have been reduced;
- Newly defined obligations and responsibilities for all economic operators;

Conformity assessment procedures (see the nlfnorm portal for a description of the modules)

Note:

It is necessary to distinguish whether the standard is harmonized with the “old” Government Regulation No. 174/2005 Coll. (implementing Directive 94/25/EC) or with the “new” Government Regulation No. 96/2016 Coll. (implementing Directive 2013/53/EU). Standards that were harmonized with the old Government Regulation No. 174/2005 Coll. (publication: 2016/C/174/3) and are not listed in the new publication (i.e., 2016/C/209/1) may continue to be used as a harmonized standard only in relation to the old Government Regulation No. 174/2005 Coll.

For the assessment of a product’s conformity with the essential technical requirements (pursuant to Government Regulation No. 96/2016 Coll. ), the following shall apply:
1) manufacturer – conformity assessment according to selected modules (listed in Part II of Annex No. 2 )

following the procedure in Part I of Annex No. 2 and, at the same time, the procedure in accordance with the specific requirements set out in Part II of Annex No. 2.

2) The conformity assessment procedure specified in Part III of Annex No. 2 to Government Regulation No. 96/2016 Coll. shall apply in the case of

a) a major modification of a vessel,
b) a major modification of a propulsion engine,
c) a vessel that has become a product subject to conformity assessment due to a change in its intended use,
d) a vessel manufactured for personal use that was placed on the market within 5 years of its entry into service, or
e) a vessel, its component, or propulsion engine that is put into service by a private importer and for which conformity has not been assessed by the manufacturer.

Re 1) Conformity assessment according to modules

	Category	Wind force (Beaufort scale)	Significant wave height, m	Product type	Module	Specific requirements for conformity assessment
Structural category	1. Recreational craft	A	Over 8	Over 4	Recreational craft 2.5 m – 12 m	A1 B+ (C, D, E, or F) G or H	A1 for craft: a) stability test b) buoyancy characteristics test A1 for recreational craft equipped with an inboard or stern drive engine without an integrated exhaust system , a noise emission test shall be conducted under the responsibility of the notified body (in relation to one or more craft). A1 for personal watercraft: a noise emission test (in relation to one or more vessels) shall be conducted under the responsibility of the notified body. A1 for outboard propulsion engines or stern drive propulsion engines with an integrated exhaust system: A noise emission test shall be conducted under the responsibility of the notified body (in relation to one or more propulsion engines from each group of propulsion engines). If more than one propulsion engine from a group of engines is tested, a statistical method shall be used to assess the conformity of the tested model. B – Type examination of the production type and design type shall be carried out: The production type may include multiple product variants, provided that the differences between the variants do not affect the level of safety and other requirements concerning the functionality of the product, and the product variants are listed in the corresponding type examination certificate, if necessary through amendments to the original certificate. C for exhaust emissions: If the manufacturer does not use the quality system described in Module H, the notified body shall carry out product checks at random intervals to verify the quality of the internal product control. If the quality level appears unsatisfactory or if it is necessary to verify the validity of the data provided by the manufacturer, a power train shall be selected from the series and subjected to a test regarding the technical requirements for exhaust emissions from power trains (Part B of Annex 1). The engine(s) tested shall be partially or fully run-in in accordance with the manufacturer’s instructions. If the specific exhaust emissions of a power train engine taken from the series exceed the limit values set out in Part B of Annex 1, the manufacturer may request that measurements be carried out on a sample of power train engines taken from the series, including the originally selected power train engine. A statistical method shall be used to verify the conformity of the sample of propulsion engines with the essential requirements. If A1 or C1 is applied: Accredited in-house bodies may not participate in the conformity assessment. For exhaust emissions or noise emissions: A sample of propulsion engines shall be drawn from the series of propulsion engines for the purpose of assessing the conformity of the group of propulsion engines with the essential requirements. The manufacturer shall determine the sample size in consultation with the notified body. A statistical method shall be used.
					Recreational craft 12 m – 24 m	B+ (C, D, E, or F) G or H
		B	Up to and including 8	Up to and including 4	Recreational craft 2.5 m – 12 m	A1 B+ (C, D, E, or F) G or H
					Recreational craft 12 m – 24 m	B+ (C, D, E, or F) G or H
		C	Up to and including 6	Over 2 inclusive	Recreational craft 2.5 m – 12 m	hEN: A1 B+ (C, D, E, or F) G or H
						not hEN: B+ (C, D, E, or F) G or H
					Recreational craft 12 m – 24 m	B+ (C, D, E, or F) G or H
		D	Up to and including 4	Up to and including 0.3	Recreational craft 2.5 m – 12 m	A, A1 B+ (C, D, E, or F) G or H
	2. water scooters	-	-	-	-	A, A1 B+ (C, D, E, or F) G or H
	3. components	-	-	-		-		B+ (C, D, E, or F) G or H
Exhaust emissions	-		-	-	-	-			Tests according	to hEN: B+ (C, D, E, or F) G or H
									Tests without hEN: B + C1 or G
Noise emissions	-	-	-	-	Recreational craft	Tests according to hEN: A1, G, H
						tests without hEN: G
						According to a procedure based on the Froude number and determination of the power-to-pressure ratio: A, G, or H
					personal watercraft	tests according to hEN: A1, G, H
						tests without hEN: G

ad 2) Persons placing these products on the market or putting them into service shall affix the CE marking to the product before it is placed on the market or put into service. The notified body that performed the conformity assessment shall affix its identification number to the CE marking; alternatively, the person placing the product on the market or putting
it into service shall affix it in accordance with the notified body’s instructions (pursuant to Section 34 of the Act and Annex No. 2, Part 3 of the Government Regulation). The EU declaration of conformity specifies the product for which this declaration was drawn up. If the product under assessment is a vessel, the person placing the vessel on the market or putting it into service shall affix to the vessel a manufacturer’s label containing the words “post-construction assessment” and the vessel’s identification number.

Technical Documentation

The retention period for technical documentation is 10 years from the date the product is placed on the market or, in the case of a private importer, 10 years from the date the product is put into service.

a) a description of the product,

b) technical data on the product, in particular the conceptual design, results of calculations related to the product design, drawings and diagrams of components, subassemblies, and circuits,

c) descriptions and explanatory notes necessary for the assessment of drawings, diagrams, and the functioning of the product,

d) a list of harmonized standards referenced in the Official Journal of the European Union, if these standards have been applied in whole or in part, and a description of the technical solutions chosen to meet the technical requirements, if these standards have not been applied,

e) the results of the checks carried out and other relevant data regarding the procedure for verifying the product’s conformity with the essential technical requirements,

f) test reports or calculations concerning the vessel’s stability (i.e., the vessel has sufficient stability and freeboard corresponding to the vessel’s design category and the maximum load recommended by the manufacturer) and buoyancy (i.e., the vessel is designed to ensure buoyancy characteristics corresponding to the vessel’s design category and the maximum load recommended by the manufacturer; multi-hull recreational vessels—have sufficient buoyancy to remain afloat in an overturned position; Vessels with a hull length of less than 6 meters—are equipped with suitable buoyancy aids to prevent sinking in the event of flooding.),

g) exhaust emission test reports demonstrating compliance with Part B, Section 2 of Annex 1 to this Regulation,

h) noise emission test reports demonstrating compliance with Part C, Section 1 of Annex 1 to this Regulation; and

i) other data necessary to demonstrate the product’s compliance with the essential technical requirements.Vessel

Identification Number

Each vessel shall be marked with a vessel identification number comprising the following information:
a) the code of the country in which the manufacturer is established,
b) the manufacturer’s unique code,
c) the product’s unique serial number, and
e) the model year.

Identification of the propulsion engine Each propulsion
engine is clearly marked, and this marking includes the following information:

a) the name of the propulsion engine manufacturer, registered trade name or registered trademark, and contact address; where applicable, also the name and contact address of the person modifying the propulsion engine,

b) the type of propulsion engine, or, where applicable, the propulsion engine group specified by the manufacturer, the design of which assumes similar characteristics regarding exhaust emissions and noise emissions;

c) the unique serial number of the propulsion engine; and

d) the CE marking in accordance with Section 15 of the Act.

Vessel Manufacturer’s Label A manufacturer’s
label shall be permanently affixed to each vessel, located separately from the vessel identification number, and this label shall contain at least the following information:
a) the name or registered trademark and mailing address,
In the case of post-construction assessment, the information under point (a) shall include details of the notified body that carried out the conformity assessment.
b) the CE marking,
c) the design category of the vessel,
d) the maximum load recommended by the manufacturer in accordance with Section 3.6, excluding data on the weight of the contents of fixed tanks
, ande) the number of persons recommended by the manufacturer for which the vessel is designed.

User
Manual The user manual contains all information necessary for the safe use of the product, with particular attention paid to adjustment, maintenance, proper operation, risk prevention, and risk management.

Placing Products into Service

The conditions for placing vessels into service in the Czech Republic are governed by Act No. 114/1995 Coll., on inland navigation. The eligibility of vessels for operation on inland waterways is established by Ministry of Transport Decree No. 223/1995 Coll. Annex 1 lists specific requirements for recreational craft, and for recreational craft newly placed in service that are subject to Government Regulation No. 174/2005 Coll., binding technical eligibility conditions applicable to the placing of recreational craft on the EC market are specified. For more details on the procedure for putting vessels into service and on the market, please visit the websites of the State Navigation Administration and the Association of the Shipbuilding Industry, where you can obtain further information regarding the adaptation of products to Directive 2013/53/EU, such as the handbook prepared by the International Council of Marine Industry Associations (ICOMIA) and the European Boating Industry, titled the EU RCD Guide.