41.—(1) A product which is in conformity with a harmonised standard (or part of such a standard) the reference to which has been published in the Official Journal of the European Union is to be presumed to be in conformity with the essential requirements covered by that standard (or that part of that standard).
(2) The presumption in paragraph (1) is rebuttable.
42. Before placing a product on the market the manufacturer must apply the conformity assessment procedures set out in the modules set out in Annex II of Decision 768/2008 and referred to in regulations 44 (design and construction) to 47 (noise emissions: personal watercraft).
43.—(1) Before putting a product into service a private importer must apply the procedure referred to in regulation 48 (requirements of the post-construction assessment) to that product if the manufacturer of the product has not already carried out the conformity assessment for the product concerned.
(2) Any person must, before placing or putting into service on the market—
(a)a propulsion engine or watercraft which has had a major engine modification or major craft conversion; or
(b)a watercraft which has had a change in its intended purpose so that it falls within scope of these Regulations
apply the procedure referred to in regulation 48 (requirements of the post-construction assessment).
(3) Any person placing on the market a watercraft built for own use before the end of the five-year period beginning on the day on which the watercraft was put into service, must apply the procedure referred to in regulation 48 before placing the watercraft on the market.
44.—(1) With regard to the design and construction of recreational craft, the following conformity assessment procedures set out in Annex II to Decision 768/2008/EC apply—
(a)for design categories A and B referred to in paragraph 1 of Part A of Schedule 1—
(i)for recreational craft of hull length from 2.5 metres to less than 12 metres, any of the following modules—
(aa)Module A1 (internal production control plus supervised product testing);
(bb)Module B (EU-type examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on product quality assurance) or Module F (conformity to type based on product verification);
(cc)Module G (conformity based on unit verification);
(dd)Module H (conformity based on full quality assurance);
(ii)for recreational craft of hull length from 12 metres to less than 24 metres, any of the following modules—
(aa)Module B (EU-type examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);
(bb)Module G (conformity based on unit verification);
(cc)Module H (conformity based on full quality assurance);
(b)for design category C referred to in paragraph 1 of Part A of Schedule 1—
(i)for recreational craft of hull length from 2.5 metres to less than 12 metres where the harmonised standards relating to paragraphs 3.2 and 3.3 of Part A of Schedule 1 are complied with, any of the following modules—
(aa)Module A (internal production control);
(bb)Module A1 (internal production control plus supervised product testing);
(cc)Module B (EU type-examination together with Module C (conformity to type based on internal production control)), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);
(dd)Module G (conformity based on unit verification);
(ee)Module H (conformity based on full quality assurance);
(ii)for recreational craft of hull length from 2.5 metres to less than 12 metres where the harmonised standards relating to paragraphs 3.2 and 3.3 of Part A of Schedule 1 are not complied with, any of the following modules—
(aa)Module A1 (internal production control plus supervised testing);
(bb)Module B (EU type-examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification;
(cc)Module G (conformity based on unit verification);
(dd)Module H (conformity based on full quality assurance);
(iii)for recreational craft of hull length from 12 metres to 24 metres, any of the following modules—
(aa)Module B (EU type-examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification;
(bb)Module G (conformity based on unit verification);
(cc)Module H (conformity based on full quality assurance);
(c)for design category D referred to in paragraph 1 of Part A of Schedule 1 for recreational craft of hull length of 2.5 metres to 24 metres, any of the following modules—
(i)Module A (internal production control);
(ii)Module A1 (internal production control plus supervised testing);
(iii)Module B (EU- type examination together with Module C (conformity to type based on internal production control)), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on product quality assurance) or Module F (conformity to type based on product verification);
(iv)Module G (conformity based on unit verification);
(v)Module H (conformity based on full quality assurance).
(2) With regard to the design and construction of personal watercraft, any of the following procedures set out in Annex II to Decision 768/2008/EC apply—
(a)Module A (internal production control);
(b)Module A1 (internal production control plus supervised testing);
(c)Module B (EU type-examination together with Module C conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);
(d)Module G (conformity based on unit verification);
(e)Module H (conformity based on full quality assurance).
(3) With regard to the design and construction of components any of the following procedures set out in Annex II to Decision 768/2008/EC apply—
(a)Module B (EU type-examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on quality product assurance) or Module F (conformity to type based on product verification);
(b)Module G (conformity based on unit verification);
(c)Module H (conformity based on full quality assurance).
45. With regard to exhaust emissions, for products referred to in regulation 3(1)(d) and (e), the engine manufacturer must apply the following procedures set out in Annex II to Decision 768/2008/EC—
(a)where the tests are conducted using the harmonised standard, any of the following modules—
(i)Module B (EU-type examination) together with Module C (conformity to type based on internal production control), Module D (conformity to type based on quality assurance of the production process), Module E (conformity to type based on product quality assurance) or Module F (conformity to type based on product verification);
(ii)Module G (conformity based on unit verification);
(iii)Module H (conformity based on full quality assurance);
(b)where the tests are conducted without using the harmonised standard, either of the following modules—
(i)Module B (the EU- type examination) together with Module C1 (conformity to type based on internal production control plus supervised product testing);
(ii)Module G (conformity based on unit verification).
46.—(1) The manufacturer must apply the relevant procedures in paragraphs (2) to (4) as set out in Annex II to Decision 768/2008/EC with regard to the noise emissions for recreational craft with—
(a)stern drive propulsion engines without integral exhausts or inboard propulsion engine installations; and
(b)stern drive propulsion engines without integral exhausts or inboard propulsion engine installations which are subject to major craft conversion and are subsequently placed on the market within the period of 5 years from the day on which that conversion was completed.
(2) Where tests are conducted using the harmonised standard for noise measurement, any of the following modules apply—
(a)Module A1 (internal production plus supervised product testing);
(b)Module G (conformity based on unit verification);
(c)Module H (conformity based on full quality assurance).
(3) Where tests are conducted without using the harmonised standard for noise measurement, Module G (conformity based on unit verification) applies.
(4) Where the Froude number of power displacement ratio method is used for assessment, any of the following modules apply—
(a)Module A (internal production control);
(b)Module G (conformity based on unit verification);
(c)Module H (conformity based on full quality assurance).
47.—(1) The personal watercraft or engine manufacturer must apply the relevant procedure in paragraphs (2) or (3) as set out in Annex II to Decision 768/2008/EC, with regard to noise emissions for—
(a)personal watercraft and outboard propulsion engines; and
(b)stern drive propulsion engines with integral exhausts intended for installation on recreational craft.
(2) Where the tests are conducted using the harmonised standard for noise measurement, any of the following modules apply—
(a)Module A1 (internal production control plus supervised product testing);
(b)Module G (conformity based on unit verification);
(c)Module H (conformity based on full quality assurance).
(3) Where the tests are conducted without using the harmonised standard for noise measurement, Module G (conformity based on unit verification) applies.
48. A post-construction assessment must be carried out in accordance with the process set out in Schedule 5.
49.—(1) Where an economic operator has a conformity assessment carried out on a product under Module B (EU-type examination) of Annex II to Decision 768/2008/EC in relation to a product, the conformity assessment must be carried out in the manner set out in Schedule 10.
(2) A production type may cover several versions of the assessed 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 EU-type examination certificate, if necessary by means of amendments to the original certificate.
(3) For the purposes of this regulation—
“production type” means an examination of the adequacy of the technical design of the watercraft through examination of the technical documentation specified in paragraph 3 of Schedule 10 and a specimen watercraft that is representative of the completed watercraft that is to be or has been produced by the manufacturer.
50.—(1) Where an economic operator has a conformity assessment carried out on a product under Module A1 (internal production control plus supervised product testing) of Annex II to Decision 768/2008/EC—
(a)the product checks must be carried out on at least one watercraft that is representative of the watercraft that is to be or has been produced by the manufacturer; and
(b)the requirements set out in Schedule 6 apply.
(2) The possibility, referred to in Modules A1 and C1 of Annex II of Decision 768/2008, of using an accredited in-house body to perform a conformity assessment under those modules is not applicable in relation to watercraft.
51. Where an economic operator has a conformity assessment carried out on a product under Module F (conformity to type based on product verification) of Annex II to Decision 768/2008/EC, the procedure set out in Schedule 7 applies.
52.—(1) This regulation applies where—
(a)an economic operator has a conformity assessment carried out on a watercraft under Module C (conformity to type based on internal production control) of Annex II of Decision 768/2008/EC;
(b)Module C is used to assess the conformity of the product with the exhaust emission requirements of these Regulations; and
(c)the manufacturer is not working under a relevant quality system as described in Module H of Annex II to Decision 768/2008/EC.
(2) A notified body chosen by the manufacturer must carry out product checks as required by Module C or have them carried out at random intervals to be determined by the notified body, in order to verify the quality of the internal checks on the product carried out under the manufacturer’s own checking measures.
(3) When the quality level appears unsatisfactory or when it seems necessary to verify the validity of the data presented by the manufacturer, the procedure set out in Schedule 8 applies.
53. The EU declaration of conformity for a product must—
(a)state that the product complies with the essential requirements;
(b)contain the elements specified in regulations 44 to 47 for the relevant conformity assessment in respect of the product; and
(c)be set out in accordance with the model structure set out in Schedule 4.
54.—(1) The CE marking must be affixed visibly, legibly and indelibly to the product.
(2) Where it is not possible or warranted, on account of the nature of a component to affix the CE marking in accordance with paragraph (1), the CE marking must be affixed to—
(a)the packaging; and
(b)the accompanying documents.
(3) Where the product referred to in paragraph (1)—
(a)is a watercraft, the CE marking must be affixed to the watercraft builder’s plate and mounted separately from the watercraft identification number; or
(b)is a propulsion engine, the CE marking must be affixed on the engine.
(4) The CE marking must be followed by the identification number of the notified body where—
(a)that body is involved in the production control phase of the conformity assessment under Modules A (internal production control), A1 (internal production control plus supervised product testing) or C (conformity to type based on internal production control) set out in Annex II of Decision 768/2008; or
(b)where a post construction assessment set out in Schedule 5 of these Regulations is being used.
(5) The identification number of the notified body must be affixed—
(a)by the notified body itself; or
(b)under the instructions of the notified body by the manufacturer.