UK Statutory Instrument SI 2017 United Kingdom

Recreational Craft Regulations 2017

These Regulations transpose Directive 2013/53/EU of the European Parliament and of the Council of 20th November 2013 on recreational watercraft and personal watercraft (OJ No L 354, 28.12.2013 p.90) (“the Directive”).The Directive repeals and replaces Directive 1994/25/EC as amended by Directive 2003/44/EC which was implemented in the United Kingdom by …

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
OPSS
Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Manufacturer39 Conformity Assessment Body13 Distributor6 Operator5 Any Person5

Plus 11 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Manufacturer — also bound by 502 other Acts
Conformity Assessment Body — also bound by 47 other Acts
Distributor — also bound by 182 other Acts
Operator — also bound by 746 other Acts
Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

GENERAL

0 of 6 sections shown
6 other sections in this Part — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation
s.002 Designated standard
s.003 Scope
s.004 Exclusions
s.005 Exhibition at trade fairs
Part 2

PLACING PRODUCTS ON THE MARKET

28 of 39 sections shown
s.010 Declaration of conformity and UK marking Regulated
  • Draw up declaration of conformity and affix UK marking before placing recreational craft on the marketManufacturer
s.011 Duty of manufacturers to retain technical documentation and EU declaration of conformity Regulated
  • Keep technical documentation and declaration of conformity for 10 yearsManufacturer
s.012 Compliance procedures for series production Regulated
  • Maintain procedures to ensure series production conformityManufacturer
s.013 Duty of manufacturers to ensure products are labelled Regulated
  • Label recreational craft with identifying mark before saleManufacturer
s.014 Duty to provide information Regulated
  • Label recreational craft with manufacturer name, trade mark, and contact addressManufacturer
s.015 Instructions and safety information Regulated
  • Provide instructions and safety information in the correct language for your marketManufacturer
s.016 Duty to take action in respect of product placed on the market which is considered not to be in conformity Regulated
  • Take corrective action if recreational craft product may be non-conformingManufacturer
s.017 Provision of information and co-operation Regulated
  • Provide conformity information and cooperate with enforcing authority upon requestManufacturer
s.018 Prohibition on placing products on the market Regulated
  • Importers must not place non-compliant products on the marketManufacturer
s.019 Requirements that must be satisfied before an importer places a product on the market Regulated
  • Importer must verify manufacturer compliance and product marking before placing on marketManufacturer
s.020 Duty not to place a product on the market where an importer suspects that it is not in conformity Regulated
  • Do not place product on market if you suspect non-conformityManufacturer
s.021 Duty of importer to ensure products are labelled Regulated
  • Label your imported recreational craft with your name and contact addressManufacturer
s.022 Instructions and safety information Regulated
  • Provide instructions and safety information in EnglishManufacturer
s.023 Storage and transport Regulated
  • Ensure storage and transport conditions maintain product complianceManufacturer
s.024 Duty to take action in respect of product placed on the market which is considered not to be in conformity Regulated
  • Take corrective action and notify authorities for non-conforming productsManufacturer
s.025 Duty of importers to retain technical documentation and EU declaration of conformity Regulated
  • Keep technical documents and declaration of conformity for 10 yearsManufacturer
s.026 Provision of information and co-operation Regulated
  • Provide information and co-operate with the regulator on requestManufacturer
s.027 Duty to act with due care Regulated
  • Distributors must take due care when making products available on the marketDistributor
s.028 Making available on the market Regulated
  • Verify recreational craft products before making them available on the marketDistributor
s.029 Duty not to make a product available on the market where a distributor suspects that it is not in conformity Regulated
  • Do not sell non-conforming recreational craft and report risksDistributor
s.030 Storage and transport Regulated
  • Store and transport recreational craft without jeopardising conformityDistributor
s.031 Duty to take action in respect of watercraft placed on the market which is considered not to be in conformity Regulated
  • Take corrective action for non-conforming watercraft and notify OPSS if riskDistributor
s.032 Provision of information and co-operation Regulated
  • Provide information and co-operate with enforcing authority on requestDistributor
s.033 Cases in which the obligations of manufacturers apply to importers and distributors Regulated
  • Meet manufacturer obligations if you put your brand on or modify recreational craftManufacturer
s.034 Monitoring Regulated
  • Monitor recreational craft products for safetyManufacturer
s.037 Identification of economic operators Regulated
  • Identify your supply chain when the market surveillance authority asksOperator
s.039 Authorised representatives Regulated
  • Ensure authorised representative mandate includes minimum powersManufacturer
s.040 Prohibition on improper use of UK marking Regulated
  • Do not misuse UK or CE markings on recreational craftOperator
11 other sections in this Part — procedural and definitional
s.006 Essential requirements
s.007 Making available and putting into service
s.008 Duty to ensure products comply with the essential requirements
s.009 Technical documentation and conformity assessment
s.035 Translation of EU declaration of conformity
s.036 Private importers
s.038 Obligations on private importers to identify economic operators
s.040 Obligations that are met by complying with obligations in the Directive
s.040 Conformity assessment procedure obligation which is met by complying with the Directive
s.040 Further use of UK marking
s.040 Qualifying Northern Ireland Goods
Part 3

CONFORMITY OF THE PRODUCT AND CONFORMITY ASSESSMENT PROCEDURES

7 of 16 sections shown
s.042 Applicable conformity assessment procedures Regulated
  • Carry out conformity assessment before placing recreational craft on the marketManufacturer
s.045 Exhaust emissions Regulated
  • Choose and apply correct exhaust emissions testing module for your enginesManufacturer
s.046 Noise emissions: recreational craft Regulated
  • Apply noise emission conformity assessment for certain recreational craftManufacturer
s.047 Noise emissions: personal watercraft Regulated
  • Apply the correct noise-testing conformity procedure for personal watercraftManufacturer
s.049 Conformity assessments carried out under Module B (EU-type examination) Regulated
  • Ensure EU-type examination follows Schedule 10 process and covers variants correctlyOperator
s.053 Declaration of conformity Regulated
  • Make a compliant declaration of conformity for each productManufacturer
s.054 UK(NI) indication Regulated
  • Affix UK(NI) indication alongside CE marking for products placed on the Northern Ireland marketManufacturer
9 other sections in this Part — procedural and definitional
s.041 Presumption of conformity
s.043 Duty to carry out the post construction assessment
s.044 Design and construction
s.048 Requirements of the post-construction assessment
s.050 Conformity assessments carried out under Module A1 (internal production control plus supervised product testing)
s.051 Conformity assessments carried out under Module F (conformity to type based on product verification)
s.052 Conformity assessments carried out under Module C (conformity to type based on internal production control)
s.054 UK marking
s.054 Register of notified bodies established in the United Kingdom
Part 4

APPROVAL OF CONFORMITY ASSESSMENT BODIES

3 of 10 sections shown
s.059 Restriction, suspension or withdrawal of approval Regulated
  • Approved bodies must hand over or keep records for 10 years if their status is removedConformity Assessment Body
s.062 Subsidiaries and contractors Regulated
  • Approved bodies must manage subcontractors and subsidiaries correctlyConformity Assessment Body
s.063 Register of approved bodies Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must publish and maintain a register of approved bodiesCrown / Minister / Government department
7 other sections in this Part — procedural and definitional
s.055 Approved bodies
s.056 Approval of conformity assessment bodies
s.057 Presumption of conformity of approved bodies
s.058 Monitoring of approved bodies
s.060 Notice of proposed restriction, suspension or withdrawal of approval
s.061 Operational requirements of approved bodies
s.064 Authorisation of UK national accreditation body
Part 5

MARKET SURVEILLANCE AND ENFORCEMENT

1 of 20 sections shown
s.071 Enforcement action in respect of formal non-compliance Regulated
Other duties (1) — Crown / regulator
  • Enforcing authority must require remedy of formal non‑compliance and act if unresolvedStatutory regulator
19 other sections in this Part — procedural and definitional
s.065 Designation of market surveillance authorities
s.066 Enforcement
s.067 Enforcement powers
s.068 Evaluation of a product presenting a risk
s.069 Enforcement action in respect of products that are not in conformity and which present a risk
s.070 EU Safeguard procedure
s.072 Restrictive measures
s.073 Offences
s.074 Penalties
s.074 Penalty in relation to the UK(NI) indication
s.075 Defence of due diligence
s.076 Liability of persons other than the principal offender
s.077 Service of documents
s.078 Recovery of expenses of enforcement
s.079 Action by enforcing authority
s.080 Appeals against notices
s.081 Appropriate court for appeals against notices
s.082 Time limit for commencement of proceedings
s.083 Compensation
Part 5

POWERS OF THE SECRETARY OF STATE

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.083 Power to amend Schedules
s.083 Power to make provision for application of conformity assessments and of Schedule 1
Part 6

MISCELLANEOUS

0 of 7 sections shown
7 other sections in this Part — procedural and definitional
s.084 Amendment to the Consumer Rights Act 2015
s.085 Amendment to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004
s.086 Amendment to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007
s.087 Amendment to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009
s.089 Transitional provisions
s.089 Transitional provisions in relation to EU Exit
s.090 Revocations and savings
Schedules

Schedules

26 of 53 shown
s.sch010 The conformity assessment must include an assessment of the adequacy... Regulated
  • Carry out conformity assessment on watercraft design and samplesManufacturer
s.sch010 The technical documentation must include a general description of the... Regulated
  • Include general description of watercraft in technical documentationManufacturer
s.sch011 (1) A conformity assessment body must have legal personality and... Regulated
  • Conformity assessment body must be a legal entity based in UK or CPTPP countryConformity Assessment Body
s.sch011 A conformity assessment body must be capable of carrying out... Regulated
  • Maintain capability to perform conformity assessment tasksConformity Assessment Body
s.sch011 At all times and for each conformity assessment procedure and... Regulated
  • Conformity assessment bodies must maintain resources and proceduresConformity Assessment Body
s.sch011 The personnel responsible for carrying out the conformity assessment activities... Regulated
  • Ensure conformity assessment personnel are trained, knowledgeable and authorisedAny Person
s.sch011 A conformity assessment body must be a third-party body independent... Regulated
  • Keep conformity assessments independent of the organisation or watercraft you assessConformity Assessment Body
s.sch011 A conformity assessment body, its top level management and the... Regulated
  • Your conformity assessment body must not be involved with the watercraft it assessesConformity Assessment Body
s.sch011 A conformity assessment body, its top level management and the... Regulated
  • Avoid direct involvement in watercraft design, manufacture, etc.Conformity Assessment Body
s.sch011 A conformity assessment body must not engage in any activity,... Regulated
  • Do not engage in activities that compromise independenceConformity Assessment Body
s.sch011 Conformity assessment bodies must ensure that the activities of their... Regulated
  • Ensure subsidiaries and subcontractors maintain confidentiality, objectivity and impartialityAny Person
s.sch011 Conformity assessment bodies and their personnel must carry out the... Regulated
  • Conformity assessment bodies must act with integrity and technical competenceAny Person
s.sch012 Approved bodies must carry out conformity assessments in accordance with... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must follow conformity assessment procedures for recreational craftStatutory regulator
s.sch012 An approved body must participate in the work of any... Regulated
  • Approved bodies must participate in coordination groupsConformity Assessment Body
s.sch012 Conformity assessments must be carried out in a proportionate manner,... Regulated
Other duties (1) — Crown / regulator
  • Conformity assessment bodies must assess proportionatelyStatutory regulator
s.sch012 Conformity assessment bodies must respect the degree of rigour and... Regulated
  • Conformity assessment bodies must apply rigorous assessment standardsAny Person
s.sch012 Where an approved body finds that the requirements of regulation... Regulated
Other duties (1) — Crown / regulator
  • Approved/nominated bodies must withhold certification until safety failures are fixedStatutory regulator
s.sch012 Where, in the course of the monitoring of the conformity... Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must require corrective action and may suspend/withdraw certificationStatutory regulator
s.sch012 Where corrective measures are not taken or do not have... Regulated
Other duties (1) — Crown / regulator
  • Approved or notified bodies must restrict, suspend or withdraw certificates when corrective measures failStatutory regulator
s.sch012 (1) An approved body must inform the Secretary of State... Regulated
  • Notify OPSS of certificate refusals, withdrawals or scope changesConformity Assessment Body
s.sch012 An approved body must make provision in its contracts with... Regulated
  • Approved bodies must include appeal rights in client contractsConformity Assessment Body
s.sch012 An approved body must provide other bodies approved under these... Regulated
  • Share conformity assessment results with other approved bodiesConformity Assessment Body
s.sch014 A recall notice must require the relevant economic operator to... Regulated
  • Organise return of recalled products from end-usersOperator
s.sch014 In determining what requirements to include in a recall notice,... Regulated
Other duties (1) — Crown / regulator
  • OPSS must design recall notices to encourage cooperation from distributors and end-usersStatutory regulator
s.sch014 A compliance notice must— (a) require the relevant economic operator... Regulated
  • Comply with a compliance notice from the market surveillance authorityOperator
s.sch014 A withdrawal notice must prohibit the relevant economic operator from... Regulated
Other duties (1) — Crown / regulator
  • OPSS must prohibit product supply until consent givenStatutory regulator
27 other schedules
s.sch010 For the purposes of regulation 49, the conformity assessment carried...
s.sch010 The conformity assessment must include an assessment of the adequacy...
s.sch011 A body belonging to a business association or professional federation...
s.sch011 Nothing in paragraph 4 of this Schedule will preclude the...
s.sch013 Enforcement powers under the
s.sch013 Modifications to the 1987 Act
s.sch014 Compliance notice
s.sch014 A consent given by the enforcing authority pursuant to a...
s.sch014 Subject to paragraph 7, an enforcing authority may revoke or...
s.sch014 An enforcing authority may not vary a withdrawal notice so...
s.sch014 Recall notice
s.sch014 A recall notice may— (a) require the recall to be...
s.sch014 A recall notice may only be issued by the market...
s.sch014 A relevant economic operator which has received notice from the...
s.sch014 Sub-paragraphs 17(b), (c) and (d) do not apply in the...
s.sch014 Where a relevant economic operator requires the enforcing authority to...
s.sch014 In this Schedule, “Institute” means the charitable organisation with registered...
s.sch014 A recall notice served by the market surveillance authority may...
s.sch014 Subject to paragraph 24, a market surveillance authority may revoke...
s.sch014 A market surveillance authority may not vary a recall notice...
s.sch014 Interpretation
s.sch014 A compliance notice may include directions as to the measures...
s.sch014 Subject to paragraph 5, an enforcing authority may revoke or...
s.sch014 An enforcing authority may not vary a compliance notice so...
s.sch014 Withdrawal notice
s.sch014 A withdrawal notice may require the relevant economic operator to...
s.sch014 A withdrawal notice may require the relevant economic operator to...
sch. 1 sch. 1 Regulated
  • Ensure watercraft is designed, constructed and marked to design category standardsManufacturer
sch. 3 sch. 3 Regulated
  • Include required information in your declaration for partly completed watercraftManufacturer
sch. 4 sch. 4 Regulated
  • Prepare a complete Declaration of Conformity for your recreational craft productsManufacturer
sch. 5 sch. 5 Regulated
  • Apply for post-construction assessment and keep records for 10 yearsAny Person
sch. 6 sch. 6 Regulated
  • Test stability, buoyancy and noise emissions on representative watercraft or enginesManufacturer
sch. 7 sch. 7 Regulated
  • Verify engine family conformity through agreed sampling and statistical testingManufacturer
s.002 Technical documentation (opens in a new tab) Regulated
  • Prepare technical documentation for your recreational craftManufacturer
s.003 Manufacturing (opens in a new tab) Regulated
  • Ensure your manufacturing process produces compliant productsManufacturer
s.004 UK marking and declaration of conformity (opens in a new tab) Regulated
  • Affix UK marking and keep declaration of conformity for 10 yearsManufacturer
s.005 UK marking and declaration of conformity (opens in a new tab) Regulated
  • Affix UK marking and keep declaration of conformity for each product modelManufacturer
s.006 Type examination certificate (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Approved body must issue or refuse type examination certificateStatutory regulator
s.007 Changes (opens in a new tab) Regulated
  • Inform approved body of modifications that affect type approval complianceManufacturer
s.008 Approved body's duties in respect of type examination certificates (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Notify OPSS of type-examination certificates and share informationStatutory regulator
s.009 Manufacturer's duties in respect of type examination certificates (opens in a new tab) Regulated
  • Keep type examination certificate and technical documentation for 10 yearsManufacturer
7 other provisions
sch. 8 sch. 8
s.001 Internal production control (opens in a new tab)
s.annex iii para.1 The declaration by the manufacturer or the importer established in...
s.annex iii para.2 the name and address of the manufacturer; the name and...
s.annex ix para.1 The technical documentation referred to in Article 7(2) and Article...
s.annex viii para.1 In the cases referred to in Article 24(5) regulation 52...
s.annex viii para.2 An engine is taken from the series and subjected to...

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