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Affix CE marking Part 6

DATE: 2014-6-17 17:32:20 READ:350

29. What is the so-called "self-certification" procedure? In which cases can it be used?

The so-called "self-certification" procedure is actually Annex V of the Recreational Craft Directive, that is to say "Module A: Internal Production Control". It allows the manufacturer to carry out the conformity assessment procedure on his own, without relying on a conformity assessment body.

The conditions for the use of this Module A "Internal Production Control" are displayed in Article 8 of the Recreational Craft Directive, accessible here. The use of the "self certification" procedure actually depends on a number of conditions and criteria, which are: the category of the craft (A, B, C or D), the length of the craft and the requirements at stake (design and construction requirements, or exhaust emissions requirements or noise emissions requirements).

To know precisely which conformity assessment procedure you should be using for your craft and whether you can use the self-certification procedure, you should consult Article 8 of the Recreational Craft Directive pdf and its Application Guide pdf - 703 KB [703 KB] .

30. Is it possible for a natural or a legal person to carry out the post construction assessment by himself? Or does he necessarily need to rely on a notified body?

Only official notified bodies (notified as such by Member States) can carry out post construction assessments and it is not possible for individuals to carry out such conformity assessment procedures.

It is however possible to apply for appointment as a notified body: to this end, the body willing to act as notified body shall fulfil the criteria set out in Annex XIV of the Recreational Craft Directive. It shall submit its application to the competent national authority (often referred to as the "Notifying Authority") which is responsible for appointing Notified Bodies.

International Rules on Recreational Craft

31. What is the Mutual Recognition Agreement which exists between the US and Canada and the EU? What's its purpose?

The main purpose of the Mutual Recognition Agreement (MRA) between the EU and the US/Canada is to alleviate the burden of conformity assessment procedures for US/Canadian or EU manufacturers who would like to export their products respectively in the EU or in the US/Canada.

One of the European requirements is to get the products CE-marked as a proof of compliance with the European legislation (Recreational Craft Directive 94/25/EC amended by 2003/44/EC). This compliance with the Directive is considered as a condition for free circulation of the recreational craft in the EU. The MRA is not intended to replace the need for CE-marking, because compliance with the Recreational Craft Directive must be proved, when the product is placed on the EU/EEA market.

The MRA for example enables that certification of compliance with European legislation, including the CE mark, is performed by US/Canadian conformity assessment bodies.

For more information about the Mutual Recognition Agreement, please go to this webpage.

Standards and Standardisation

32. Why there are harmonised standards for the Recreational Craft Directive?

The Recreational Craft Directive 94/25/EC defines the essential requirements concerning safety, health, environmental and consumer protection. The harmonised standards describe technical details of the essential requirements. Member states transform harmonised standards and publish them as national standards. The actual standards can be obtained from National Standardisation Bodies.

Other Questions

33. What should be understood by "placing a product on the market"? Can products be considered as "placed on the EU/EEA market" at the moment when they are "imported"?

The Commission's Guide to the implementation of Directives based on the New Approach and the Global Approach gives the following definition of "placing on the market": "a product is placed on the Community market when it is made available for the first time. This is considered to take place when a product is transferred from the stage of manufacture with the intention of distribution or use on the Community market.

Placing on the market is considered NOT to take place where a product is:

- transferred from the manufacturer in a third country to an authorised representative in the Community whom the manufacturer has engaged to ensure that the product complies with the directive.

- transferred to a manufacturer for further measures (assembling, packaging, labelling, etc.)

- not (yet) granted release for free circulation by customs or has been placed under another customs procedure

- manufactured in a Member State with a view to exporting it to a third country

- in the stocks of the manufacturer or the authorised representative established in the Community, where the product is not yet made available."