The Recreational Craft Regulations 2017

• Citation: S.I. 2017/737
• Sections: 213

Section 1 Citation and commencement

These Regulations may be cited as the Recreational Craft Regulations 2017 and come into force on 3rd August 2017 (“the commencement date”).

Section 2 Interpretation

(1) In these Regulations—

“the 1987 Act ” means the Consumer Protection Act 1987 ;

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“adaptor” means a person who adapts an engine for use in watercraft;

“ approved body ” has the meaning given to it in regulation 55 (approved bodies);

“authorised representative” means a person appointed in accordance with regulation 39;

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“Commission” means the Commission of the European Union;

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“components” means the components of watercraft listed in Schedule 2 when placed on the ... market separately and when intended for installation in watercraft;

“conformity assessment” means the process demonstrating whether the essential requirements relating to a product have been fulfilled;

“conformity assessment body” means a body that performs conformity assessment activities including calibration, testing, certification and inspection;

“ declaration of conformity ” means the declaration required to be drawn up in accordance with regulation 10;

“ designated standard ” has the meaning given to it in regulation 2A;

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the “Directive” means Directive 2013/53/EU of the European Parliament and of the Council on recreational craft and personal watercraft repealing Directive 94/25/EC ...;

“distributor” means a person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;

“district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 ;

“economic operator” means a manufacturer, an authorised representative, an importer or a distributor;

“enforcing authority” means any person enforcing these Regulations under regulation 66;

“engine family” means the manufacturer’s grouping of engines which, through their design, have similar exhaust or noise emission characteristics;

“essential requirements” means the requirements set out in regulation 6;

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“hull length” means the length of the hull measured in accordance with the designated standard;

“ importer ” means a person who—

is established in the United Kingdom and places a product from a country outside of the United Kingdom on the market; or

is established in Northern Ireland and places a product on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

“major craft conversion” means a conversion of a watercraft which—

changes the means of propulsion of the watercraft;

involves a major engine modification; or

alters the watercraft to such an extent that it may not meet the applicable essential requirements;

“major engine modification” means the modification of a propulsion engine which—

could potentially cause the engine to exceed the emissions limits set out in Part B of Schedule 1; or

increases the rated power of the engine by more than 15%;

“making available on the market” means any supply for distribution, consumption or use on the market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge and related expressions must be construed accordingly;

“manufacturer” means a person who—

manufactures a product or has such a product designed or manufactured; and

markets that product under that person’s name or trademark;

“market surveillance authority” has the meaning set out in regulation 65 (designation of market surveillance authorities);

“means of propulsion” means the method by which the watercraft is propelled;

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“personal watercraft” means a watercraft intended for sports and leisure purposes of less than 4 metres in hull length which uses a propulsion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull;

“placing on the market” means the first making available of a product on the market of Great Britain , and related expressions are to be construed accordingly;

“ private importer ” means a person who—

is established in the United Kingdom; and

imports in the course of a non-commercial activity a watercraft from a country outside of the United Kingdom into the United Kingdom with the intention of putting it into service for the person's own use;

“product” means a product to which these Regulations apply, in accordance with regulation 3;

“propulsion engine” means any spark or compression ignition internal combustion engine used directly or indirectly for propulsion purposes;

“putting into service” means the first use of a product in the market of Great Britain by its end-user and related expressions are to be construed accordingly;

“RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) 339/93 ;

“recall” means any measure aimed at achieving the return of a watercraft that has already been made available to the end-user and related expressions must be construed accordingly;

“recreational craft” means any watercraft of any type, excluding personal watercraft, intended for sports and leisure purposes of hull length from 2.5 metres to 24 metres, regardless of the means of propulsion;

“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 42 (applicable conformity assessment procedures);

“small or medium-sized enterprise” has the same meaning as in Commission Recommendation 2003/361/ EC ;

“technical documentation” has the meaning given in regulation 9 (technical documentation and conformity assessment);

“ technical specification ” means a document that prescribes technical requirements to be fulfilled by a product;

“ UK marking ” means the marking in the form set out in Annex 2 of RAMS;

“ UK national accreditation body ” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;

“watercraft” means any recreational craft or personal watercraft;

“watercraft built for own use” means any watercraft predominantly built by its future user for that user’s own use; and

“withdrawal” means any measure aimed at preventing a watercraft in the supply chain from being made available on the market and related expressions must be construed accordingly.

(2) In these Regulations, a reference to a product being “in conformity with Part 2” means that—

(a) the product is in conformity with the essential requirements;

(b) each economic operator has complied with the obligations imposed on them by Part 2 of these Regulations which must be satisfied at or before the time at which the product is made available on the market.

(3) In these Regulations, except regulation 34 (monitoring) and Schedule 1, “risk” means a risk to—

(a) human health;

(b) the safety of consumers; or

(c) the environment.

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

Section 2A Designated standard

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

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

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

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

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

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

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

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

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

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

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

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

(d) the British Standards Institution (BSI).

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

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

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

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

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

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

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

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

Section 3 Scope

(1) Subject to regulation 4 (exclusions) these Regulations apply to the following products—

(a) recreational craft and partly completed recreational craft;

(b) personal watercraft and partly completed personal watercraft;

(c) components;

(d) propulsion engines which are installed or specifically intended for installation on or in watercraft;

(e) propulsion engines installed on or in watercraft that are subject to a major engine modification;

(f) watercraft that have been subject to major craft conversion.

(2) A watercraft that can also be used for charter or for sports and leisure training is covered by these Regulations when it is placed on the market for recreational purposes.

Section 4 Exclusions

(1) The design and construction requirements set out in Part A of Schedule 1 do not apply to the following watercraft—

(a) watercraft intended solely for racing, including rowing racing boats and training boats, labelled as such by the manufacturer;

(b) canoes and kayaks designed to be propelled solely by human power, gondolas and pedalos;

(c) surfboards designed to be propelled by wind and to be operated by a person or persons standing;

(d) other surfboards;

(e) original historical watercraft and individual replicas thereof designed before 1950 built predominantly with the original materials and labelled as such by the manufacturer;

(f) experimental watercraft, unless they are placed on the market;

(g) watercraft built for own use, provided that such watercraft are not subsequently placed on the EU market for a period of five years beginning with the date on which the watercraft was put into service;

(h) watercraft specifically intended to be crewed and to carry passengers for commercial purposes, except when they fall within regulation 3(2), regardless of the number of passengers;

(i) submersibles;

(j) air cushion vehicles;

(k) hydrofoils;

(l) external combustion steam powered watercraft, fuelled by coal, coke, wood, oil or gas;

(m) amphibious vehicles, that is to say wheeled or track-laying motor vehicles, which are able to operate both on water and on solid land.

(2) The exhaust emission requirements set out in Part B of Schedule 1 do not apply to the following—

(a) propulsion engines installed or specifically intended for installation in the following products—

(i) watercraft intended solely for racing and labelled as such by the manufacturer;

(ii) experimental watercraft, unless they are placed on the market;

(iii) watercraft specifically intended to be crewed and to carry passengers for commercial purposes, except when they fall within regulation 3(2) regardless of the number of passengers;

(iv) submersibles;

(v) air cushion vehicles;

(vi) hydrofoils;

(vii) amphibious vehicles, that is to say wheeled or track-laying motor vehicles, which are able to operate on water and on solid land;

(b) original historical propulsion engines and individual replicas thereof, which are based on a pre-1950 design, not produced in series and fitted on watercraft referred to in paragraph 4(1)(e) or paragraph 4(1)(h) above;

(c) propulsion engines built for own use provided that such engines are not subsequently placed on the market for a period of five years beginning with the date on which the watercraft was put into service.

(3) The noise emission requirements referred to in Part C of Schedule 1 do not apply to—

(a) any watercraft referred to in paragraph (2); and

(b) watercraft built for own use, provided that they are not placed on the market for a period of five years beginning with the date on which the watercraft was put into service.

Section 5 Exhibition at trade fairs

Nothing in these Regulations prevents the showing of a watercraft which does not comply with Part 2 of these Regulations at a trade fair, exhibition or demonstration, provided that a visible sign clearly indicates —

(a) that the product is not in conformity with Part 2 of these Regulations; and

(b) that the product will not be made available on the market or be put into service until it has been brought into conformity.

Section 6 Essential requirements

A person may only make a product available on the market or put it into service if that product—

(a) complies with the requirements in Schedule 1; and

(b) does not endanger the health and safety of persons, property or the environment when correctly maintained and used in accordance with its intended purpose.

Section 7 Making available and putting into service

(1) Nothing in these Regulations prevents a person making available in the United Kingdom or putting into service in the United Kingdom—

(a) any watercraft in conformity with Part 2;

(b) any component which is in conformity with Part 2 and which is intended to be incorporated into any watercraft in accordance with the declaration completed by a manufacturer or importer in accordance with Schedule 3;

(c) any of the following propulsion engines—

(i) engines, whether or not installed in watercraft, that are in conformity with Part 2;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) engines installed in watercraft and type-approved in accordance with Regulation (EC) No 595/2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI ) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/ EEC , 2005/55/EC and 2005/78/EC complying with these Regulations, with the exclusion of the exhaust emission requirements set out in Part B of Schedule 1.

(2) Where an engine is adapted for installation in a watercraft, a person who so adapts that engine must—

(a) make a declaration, in accordance with Schedule 3, that the adapted engine will continue to meet the emission requirements of ... Regulation 595/2009, when installed in accordance with the installation instructions the adaptor has provided; and

(b) take full account of the data and other information available from the manufacturer, so that, when the adapted engine is installed in accordance with the installation instructions the adaptor provides, the adapted engine continues to meet the exhaust emission requirements in ... the Regulation referred to in paragraph (a), whichever is referred to in the declaration submitted in accordance with Schedule 3.

(3) Nothing in these Regulations prevents the making available in the United Kingdom of any partly completed watercraft where the manufacturer or the importer has declared, in accordance with Schedule 3, that the craft complies with the essential requirements at this stage in its construction and that the craft will be completed by others in full compliance with these Regulations.

Section 8 Duty to ensure products comply with the essential requirements

Before placing a product on the market, a manufacturer must ensure that it has been designed and manufactured in accordance with the essential requirements.

Section 9 Technical documentation and conformity assessment

Before placing a product on the market a manufacturer must—

(a) have a relevant conformity assessment procedure carried out; and

(b) draw up—

(i) the technical documentation referred to in Schedule 9; and

(ii) any other technical documentation required as part of the relevant conformity assessment procedure to demonstrate the means used by the manufacturer to ensure that the product complies with the essential requirements.

Section 10 Declaration of conformity and UK marking

(1) Where the conformity of a product with the essential requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the product on the market—

(a) draw up a declaration of conformity in accordance with regulation 53; and

(b) affix the UK marking in accordance with regulation 54.

(2) The declaration of conformity must follow the format set out in Schedule 4.

(3) But where a declaration of conformity relates to a partly-completed watercraft, the declaration must follow the format set out in Schedule 3.

(4) The manufacturer must keep the declaration of conformity up to date.

(5) Where a product is subject to more than one enactment requiring the drawing up of a declaration of conformity, the manufacturer must draw up a single declaration of conformity which identifies each enactment by its title.

Section 11 Duty of manufacturers to retain technical documentation and EU declaration of conformity

A manufacturer must keep the technical documentation and the EU declaration of conformity drawn up in respect of a product for a period of 10 years beginning with the day on which the product is placed on the market.

Section 12 Compliance procedures for series production

(1) The manufacturer of a product which is manufactured by series production must ensure that, before placing the product on the market, procedures are in place to ensure that any product so manufactured will be in conformity with the manufacturer’s obligations under Part 2.

(2) In doing so, the manufacturer must take adequate account of—

(a) any changes in the design or characteristics of a product; and

(b) any changes in the designated standard or in another technical specification by reference to which the ... declaration of conformity of the product was drawn up.

Section 13 Duty of manufacturers to ensure products are labelled

(1) Before placing a product on the market, a manufacturer must indicate on the product—

(a) a type, batch or serial number; or

(b) another element which identifies the manufacturer as the manufacturer of the product;

(2) Where, in the case of a component, it is not possible to indicate the information on the component because of the size or nature of the component, the manufacturer must provide the information specified in paragraph (1)—

(a) on the packaging; or

(b) in a document accompanying the component.

Section 14 Duty to provide information

(1) Before placing a product on the market, a manufacturer must ensure that the product is labelled with—

(a) the manufacturer’s name;

(b) their registered trade name or registered trade mark; and

(c) an address, which is the single point at which they can be contacted.

(2) Where it is not possible to provide the information referred to in paragraph (1) on the product, the manufacturer must ensure that the information is provided—

(a) on the packaging; or

(b) in a document accompanying the product.

Section 15 Instructions and safety information

(1) When placing a product on the market, a manufacturer must ensure that it is accompanied by instructions and safety information in English .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 16 Duty to take action in respect of product placed on the market which is considered not to be in conformity

(1) A manufacturer who considers or has reason to believe that a product that it has placed on the market is not in conformity Part 2, must immediately take the corrective measures necessary to—

(a) bring the product into conformity;

(b) withdraw the product from the market; or

(c) recall it.

(2) Where the product presents a risk, the manufacturer must immediately inform the market surveillance authority ... of the risk, giving details of—

(a) the reason why the product is not considered to be in conformity; and

(b) any corrective measures taken.

Section 17 Provision of information and co-operation

(1) A manufacturer must, following a reasoned request from an enforcing authority, provide it with all of the information and documentation necessary to demonstrate the conformity of the product with the requirements of this Part.

(2) The information and documentation referred to in paragraph (1) must be in a language that can be easily understood by the enforcing authority.

(3) The manufacturer must, at the request of the enforcing authority, co-operate with the authority on any action taken to eliminate the risks posed by a product that the manufacturer has placed on the market.

Section 18 Prohibition on placing products on the market

An importer must not place a product on the market unless it complies with the essential requirements.

Section 19 Requirements that must be satisfied before an importer places a product on the market

(1) Before placing a product on the market an importer must ensure that—

(a) a relevant conformity assessment procedure has been carried out by the manufacturer;

(b) the manufacturer has drawn up the technical documentation;

(c) the product—

(i) bears the UK marking; and

(ii) is accompanied by the required documents; and;

(d) the manufacturer has complied with the requirements of regulations 13 (duty of manufacturers to ensure products are labelled) and 14 (duty to provide information).

(2) In paragraph (1)(c)(ii) “required documents” means—

(a) the ... declaration of conformity; and

(b) the owner’s manual referred to in Schedule 1.

Section 20 Duty not to place a product on the market where an importer suspects that it is not in conformity

(1) Where an importer believes or has reason to believe that a product is not in conformity with the essential requirements, the importer must not place the product on the market.

(2) Where a product presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.

Section 21 Duty of importer to ensure products are labelled

(1) Before placing a product on the market, an importer must indicate on the product—

(a) the importer’s name, registered trade name or registered trade mark; and

(b) the address at which they can be contacted.

(2) Paragraph (1) does not apply where—

(a) either—

(i) in the case of a component, it is not possible to indicate the information specified in paragraph (1) on the component, or

(ii) the importer has imported the product from an EEA state and places it on the market within the period of seven years beginning with IP completion day, and

(b) before placing the product on the market, the importer indicates the information specified in paragraph (1)—

(i) in the case of component, in a document accompanying the product or on the packaging; or

(ii) in all other cases, in a document accompanying the product.

Section 22 Instructions and safety information

(1) When placing a product on the market, an importer must ensure that it is accompanied by instructions and safety information in English .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 23 Storage and transport

An importer must ensure that, while a product is the importer’s responsibility, its storage or transport conditions do not jeopardise its conformity with the essential requirements.

Section 24 Duty to take action in respect of product placed on the market which is considered not to be in conformity

(1) An importer who considers or has reason to believe that a product which the importer has placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—

(a) bring the product into conformity;

(b) to withdraw the product from the market; or

(c) recall it, if appropriate.

(2) Where the product presents a risk, the importer must immediately inform the market surveillance authority ... of the risk, giving details of—

(a) the reason or reasons why the product is not considered to be in conformity with Part 2; and

(b) any corrective measures taken.

Section 25 Duty of importers to retain technical documentation and EU declaration of conformity

An importer must, for the period of 10 years beginning on the day on which the product is placed on the market—

(a) keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities; and

(b) ensure that the technical documentation relating to that product can be made available to the market surveillance authorities upon request.

Section 26 Provision of information and co-operation

(1) An importer must, following a reasoned request from an enforcing authority, provide it with all of the information and documentation necessary to demonstrate the conformity of the product with the requirements of this Part.

(2) The information and documentation referred to in paragraph (1) must be in a language that can be easily understood by the enforcing authority.

(3) The importer must, at the request of the enforcing authority, co-operate with that authority on any action taken to eliminate the risks posed by a product that the importer has placed on the market.

Section 27 Duty to act with due care

When making a product available on the market, a distributor must act with due care to ensure the conformity of that product with Part 2.

Section 28 Making available on the market

(1) Before making a product available on the market, a distributor must verify that—

(a) the product—

(i) bears the UK marking;

(ii) is accompanied by the required documents;

(iii) is accompanied by the instructions and safety information in English ; and

(b) the manufacturer has complied with the requirements of—

(i) regulation 13 (duty of manufacturers to ensure products are labelled); and

(ii) regulation 14 (duty to provide information); and

(c) the importer has complied with the requirements of regulation 21 (duty of importers to ensure products are labelled).

(2) For the purposes of this regulation “required documents” has the same meaning as in regulation 19(2) (requirements that must be satisfied before an importer places a product on the market).

Section 29 Duty not to make a product available on the market where a distributor suspects that it is not in conformity

(1) Where a distributor considers or has reason to believe that a product is not in conformity with the essential requirements, the distributor must not make the product available on the market.

(2) Where a product presents a risk, the distributor must inform the manufacturer or importer, and the market surveillance authority ... of that risk.

Section 30 Storage and transport

A distributor must ensure that, while a product is the distributor’s responsibility, its storage or transport conditions do not jeopardise its conformity with the essential requirements.

Section 31 Duty to take action in respect of watercraft placed on the market which is considered not to be in conformity

(1) A distributor who considers or has reason to believe that a product that the distributor has made available on the market is not in conformity with Part 2 must ensure that corrective measures necessary are taken to—

(a) bring the product into conformity;

(b) to withdraw the product from the market; or

(c) recall it.

(2) Where the product presents a risk, the distributor must immediately inform the market surveillance authority ... of the risk, giving details of—

(a) the reason or reasons why the product is not considered to be in conformity; and

(b) any corrective measures taken.

Section 32 Provision of information and co-operation

(1) A distributor must, following a reasoned request from an enforcing authority, provide it with all of the information and documentation necessary to demonstrate the conformity of the product with the requirements of this Part.

(2) The information and documentation referred to in paragraph (1) must be in a language that can be easily understood by the enforcing authority.

(3) The distributor must, at the request of the enforcing authority, co-operate with the authority on any action taken to eliminate the risks posed by a product that the distributor has made available ... on the market.

Section 33 Cases in which the obligations of manufacturers apply to importers and distributors

An importer or a distributor (“A”) who—

(a) places a product on the market under A’s own name or trademark; or

(b) modifies a product already placed on the market in such a way that it may affect whether the product is in conformity with Part 2

is to be treated as the manufacturer of that product for the purposes of these Regulations and must comply with the obligations of a manufacturer set out in this Part.

Section 34 Monitoring

(1) Where appropriate with regard to the risks presented by the product to the health and safety of consumers the manufacturer or the importer must carry out monitoring to protect the health and safety of consumers by—

(a) carrying out sample testing of a product made available on the market;

(b) investigate any complaint that a product is not in conformity with Part 2; and

(c) keep a register of—

(i) complaints;

(ii) products that are not in conformity; and

(iii) the recall of any product.

(2) The manufacturer or the importer must keep distributors informed of monitoring carried out under this regulation.

(3) The manufacturer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Section 35 Translation of EU declaration of conformity

(1) For the purposes of regulation 10(2) and (3), where the product is to be made available on the market in Northern Ireland , the language required is English.

Section 36 Private importers

(1) If a manufacturer has not complied with the manufacturer’s obligations under this Part, a private importer must ensure, before putting a product into service, that—

(a) the product has been designed and manufactured in accordance with the essential requirements; and

(b) the obligations of the manufacturer under the following regulations have been met or carried out in relation to the product—

(i) regulation 9 (technical documentation and conformity assessment);

(ii) regulation 10 (declaration of conformity and UK marking) ;

(iii) regulation 11 (duty of manufacturers to retain technical documentation and ... declaration of conformity); and

(iv) regulation 22 (instructions and safety information).

(2) A private importer must also carry out or have carried out any obligation to provide information and co-operation imposed on a manufacturer pursuant to regulation 17 (provision of information and co-operation).

(3) Where the technical documentation is not available from the manufacturer, a private importer must have this documentation drawn up using appropriate expertise.

(4) The private importer must ensure that the name and postal address of the approved body that carried out the relevant conformity assessment procedure in relation to the product under regulation 9(1)(a) is marked on the product.

Section 37 Identification of economic operators

(1) An economic operator (“E”) who receives a request from the market surveillance authority before the end of the relevant period, must, within such period as the authority may specify, identify to the authority—

(a) any economic operator who has supplied E with a product; and

(b) any economic operator to whom E has supplied a product.

(2) The relevant period is—

(a) for information under paragraph (1)(a), a period of 10 years beginning on the day on which E was supplied with the product;

(b) for information under paragraph (1)(b) a period of 10 years beginning on the day on which E supplied the product.

Section 38 Obligations on private importers to identify economic operators

(1) A private importer who receives a request from the market surveillance authority before the end of the relevant period, must, within such period as the market surveillance authority may specify, identify to the market surveillance authority any economic operator which has supplied the private importer with a product.

(2) The relevant period is a period of 10 years beginning on the day on which the private importer was supplied with a product.

Section 39 Authorised representatives

(1) A manufacturer may by written mandate, appoint a person established in the United Kingdom as their authorised representative to perform specified tasks on their behalf.

(2) A manufacturer who has appointed an authorised representative to perform, on the manufacturer’s behalf, a task under these Regulations remains responsible for the proper performance of the task.

(3) The mandate must allow the authorised representative to do at least the following in relation to a product covered by the mandate—

(a) keep a copy of—

(i) the ... declaration of conformity; and

(ii) the technical documentation referred to in regulation 9 (technical documentation and conformity assessment)

at the disposal of the enforcing authority ..., for a period of 10 years beginning on the day on which the product is placed on the market;

(b) provide, following a reasoned request from an enforcing authority, all of the information and documentation necessary to demonstrate the conformity of a the product with the essential requirements; and

(c) co-operate with the enforcing authority , upon their request, on any action to eliminate the risks posed by a product covered by their mandate.

(4) The obligations in regulation 8 (duty to ensure watercraft comply with essential requirements) and regulation 9 (technical documentation and conformity assessment) must not form part of an authorised representative’s mandate.

(5) An authorised representative must comply with all the duties imposed on the manufacturer in relation to each obligation under these Regulations that the representative is appointed by the mandate to perform and accordingly—

(a) as far as those duties are concerned, as well as the penalties for failure to comply with those duties, a reference in these Regulations to the manufacturer (except in this regulation) is to be taken as including a reference to the authorised representative; and

(b) if the authorised representative contravenes or fails to comply with any of those duties, the authorised representative may be proceeded against as though the authorised representative were the manufacturer.

Section 40 Prohibition on improper use of UK marking

(1) An economic operator must not affix the UK marking to a product unless—

(a) the economic operator is the manufacturer; and

(b) the conformity of the product with the essential requirements has been demonstrated by the relevant conformity assessment procedure.

(2) An economic operator must not affix to a product a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the UK marking.

(3) An economic operator must not affix to a product any other marking if the visibility, legibility and meaning of the UK marking would be impaired as a result.

Section 40A Obligations that are met by complying with obligations in the Directive

(1) In this regulation—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) Where this paragraph applies—

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

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

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

(d) regulation 71 does not apply.

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

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

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

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

(7) Where this paragraph applies—

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

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

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

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

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

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

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

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

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

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

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

(11) Where this paragraph applies—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 40B Conformity assessment procedure obligation which is met by complying with the Directive

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

(2) Paragraph (3) applies where—

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

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

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

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

(3) Where this paragraph applies—

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

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

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

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

Section 40C Further use of UK marking

(1) In this regulation—

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

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

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

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

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

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

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

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

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

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

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

(5) Where this paragraph applies—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(e) in Schedule 4—

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

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

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

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

(b) either—

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

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

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

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

(11) Where this paragraph applies—

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

(b) regulation 43(1) is either—

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

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

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

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

Section 40D Qualifying Northern Ireland Goods

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

(2) This paragraph applies where—

(a) a product—

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

(ii) is qualifying Northern Ireland goods; and

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

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

(a) complies with regulation 21;

(b) ensures that—

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

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

(iii) the product bears the CE marking.

(4) In this regulation—

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

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

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

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

Section 41 Presumption of conformity

(1) A product which is in conformity with a designated standard (or part of such a standard) ... 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.

Section 42 Applicable conformity assessment procedures

Before placing a product on the market the manufacturer must apply the conformity assessment procedures set out in the modules set out in Schedule 15 and referred to in regulations 44 (design and construction) to 47 (noise emissions: personal watercraft).

Section 43 Duty to carry out the post construction assessment

(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.

Section 44 Design and construction

(1) With regard to the design and construction of recreational craft, the following conformity assessment procedures set out in Schedule 15 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 (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 (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 designated 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 ( 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 designated 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 ( 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 ( 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 ( 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 Schedule 15 apply—

(a) Module A (internal production control);

(b) Module A1 (internal production control plus supervised testing);

(c) Module B ( 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 Schedule 15 apply—

(a) Module B (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).

Section 45 Exhaust emissions

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 Schedule 15 —

(a) where the tests are conducted using the designated standard, any of the following modules—

(i) Module B (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 designated standard, either of the following modules—

(i) Module B (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).