POST CONSTRUCTION ASSESSMENT

a) Text of Article 8 (1) of the Directive

1. Before placing on the market, and/or putting into service, products referred to in Article 1(1) the manufacturer or his authorised representative established within the Community shall apply the procedures referred to in paragraphs 2, 3 and 4 of this Article.

In the case of post-construction assessment for recreational craft, if neither the manufacturer nor his authorised representative established within the Community fulfils the responsibilities for the product's conformity to this Directive, these can be assumed by any natural or legal person established within the Community who places the product on the market, and/or puts it into service, under his own responsibility. In such a case, the person who places the product on the market or puts it into service must lodge an application for a post-construction report with a notified body. The person who places the product on the market and/or puts it into service must provide the notified body with any available document and technical file referring to the first placing on the market of the product in the country of origin. The notified body shall examine the individual product and carry out calculations and other assessment to ensure its equivalent conformity with the relevant requirements of the Directive. In this case, the Builder's plate described in Annex I, 2.2 shall include the words "(Post-construction certificate)". The notified body shall draw up a report of conformity concerning the assessment carried out and shall inform the person who places the product on the market and/or puts it into service of his obligations. That person shall draw up a declaration of conformity (see Annex XV) and affix, or cause to be affixed, the CE mark accompanied by the distinguishing number of the relevant notified body on the product.

b) General Comments

In accordance with Article 8 of the Directive, the Manufacturer shall, before producing and placing his products on the market, apply the conformity assessment procedure foreseen in relation to the boat design category and hull length. However, in certain cases, it is necessary for craft and PWC with their installed engines and components to be certified, in line with Article 8.1 of the RCD, after they have been built. These are those craft and PWC, where the Manufacturer does not want to take responsibility for placing it on an EEA market. These are not necessarily used craft or PWC, but also new ones, where imported e.g. by private persons. All Essential requirements are applicable for such craft and PWC. This includes design, construction, noise and exhaust. Where Essential Requirements require a harmonised standard to be used, this applies equally to PCA. The post construction assessment report issued by the Notified Body has to cover all these requirements and must be an individual assessment of each craft and PWC.

As examples, the following boats are covered by post construction assessment, where the Manufacturer or his authorised representative does not fulfil the responsibility that the boat conforms with the requirement of the Directive:

• boats neither placed on the market nor put into service in the present EEA Member State territory prior to the full application date of the Directive

• boats intended solely for racing or experimental craft, subsequently placed on the market as recreational craft and therefore required to be CE marked in accordance with the Directive.

• Craft where the purpose of use has changed to recreational use (e.g. former commercial boats)

Attention is drawn to the responsibility and the legal aspects, having the owner, the importer, or the person placing the craft on the market or putting it into service in the EEA, as applicable, to assume the role of the Manufacturer and being identified as the responsible person in this context (not being the authorised Manufacturers representative).

For PCA assessment all requirements of the directive, i.e. design, noise and exhaust need to be covered. In case a craft has to be assessed, which obviously has provisions for inboard or stern drive engine installations or the propulsion engine installation has been removed, the PCA can only be completed and be valid after the engine installation has been fitted and the craft/engine installation has been assessed on its compliance with the exhaust and noise emission requirements.”

Relevant Approved Recommendations for Use (RFU): #73, #82

c) Procedure to be applied for PCA (assessment of requirements acc. Annex I):

A.1. Boat Design Categories: see chapter E of the Guidelines

A.2.1. Craft identification: The scope of the requirement is to identify each craft with some indications relevant to the Manufacturer. In case such information are missing or unidentified (e.g.: the date of build or model year when the builder is unknown) it becomes the responsible person’s duty to act as though he was the original builder and include such details in the CIN.

The NB should assign the MIC for Recreational craft which are subject to PCA in combination with a digit code to allow unique identification. ESR A.2.1. requires the use of EN ISO 10087 for coding.

A.2.2. Builder’s plate: the responsible person takes the role of the Manufacturer and includes his name on the plate.

A.2.3. Protection from falling overboard and means of reboarding: see chapter E of the Guidelines

A.2.4. Visibility from the main steering position: see chapter E of the Guidelines

A.2.5. Owner’s manual: the responsible person shall ensure that the manual is provided in accordance with chapter E of the Guidelines

A.3.1. Structure: in order to assess the strength of the structure it is recommended to obtain as much information as possible concerning hull construction and scantlings (e.g.: past acceptability by Certification Bodies or Local Authorities or declaration of conformity in accordance with the Annex III of the Directive) and any possible empirical data (e.g.: details of voyages undertaken or record relevant to adequate experience of safe operation in an area where the sea and weather condition are not less than those applicable in the Design Category). If there is insufficient documentation to assess construction of the boat or insufficient empirical data to demonstrate adequate strength compliance, then tests may also be carried out. A hull inspection should then be carried out in order to assess satisfactorily the conditions of the boat.

A.3.2. and A.3.3 Stability & Freeboard and Buoyancy &Flotation: see chapter E of the Guidelines. For all design categories, a Notified Body is required to have assessed this Essential Safety Requirement

For A & B category boats, if there is insufficient documentation to assess stability and buoyancy with the harmonised stability standard, it is required to obtain as much information as possible concerning stability and buoyancy (e.g.: past acceptability by Certification Bodies or Local Authorities) or any possible historical data (e.g.: record of voyages undertaken in safe operation in an area where the sea and weather condition are not less than those applicable in the corresponding Design Category) which may permit to define the design category, the maximum number of persons and the maximum load capacity.

For C & D category boats, if there is insufficient documentation to assess stability and buoyancy, tests have to be conducted to assess stability and buoyancy and to define the design category, the maximum number of persons and the maximum load capacity.

A.3.4. Openings in the hull, deck and superstructure: Tightness degree test and strength assessment relevant to the installation of the appliances according to EN ISO 12216:2002 is required. This test may be omitted provided that a visual inspection is carried out satisfactorily and adequate experience in the use may be demonstrated.

A.3.5. Flooding: see chapter E of the Guidelines.

A.3.6. Manufacturer’s Recommended Maximum Load: see chapter E of the Guidelines. The maximum load, crew limit and design category are strictly linked. The relationship between the three items is given in the Stability and Buoyancy Standard

A.3.7. Liferaft stowage: see chapter E of the Guidelines

A.3.8. Escape: see chapter E of the Guidelines

A.3.9. Anchoring, mooring and towing: see chapter E of the Guidelines

A.4. Handling characteristics: see chapter E of the Guidelines

A.5.1. Engine and engine spaces: see chapter E of the Guidelines. In the absence of satisfactory information insulating materials may be tested and the relevant results included in the Technical Documentation

A.5.2. Fuel system: compliance of the fuel system may be assessed by mean of an inspection of the fuel system and parts of it as installed on the lines, including filling, venting and return hoses, connection to the tanks, fuel filters, any shut-off valves or auxiliary equipment. In case of petrol system, non-ignition protected components are required to be replaced in the engine compartment. Fuel tanks are to be inspected as installed to ascertain any corrosion or leaking areas, tests may be required.

A.5.3. Electrical system: inspection of the installed system including batteries, generators, switches, battery chargers is to be carried out as applicable. Information is required to verify the characteristics of the electrical cables and protection systems

A.5.4. Steering system: compliance with the relevant standards is to be assessed as applicable. A functional test is required.

A.5.5 Gas system: a general inspection of the system including gas storage, gas cylinders, piping hoses, pressure devices and ventilation is required, tests may be required.

A.5.6. Fire protection: see chapter E of the Guidelines

A.5.7. Navigation lights: see chapter E of the Guidelines

A.5.8. Discharge prevention: see chapter E of the Guidelines

A.6. Inflatable boats and ribs assessment procedure should be similar to craft assessment, but with additional application of the harmonised standard for ribs as far as practical. See chapter E.A.6 b) A.7 Personal Watercraft (PWC) Assessment procedure should be similar to craft assessment, but with additional application of the harmonised standard for PWC (EN ISO 13590: 2004. See chapter E.A.7 b). Equivalent conformity can also be achieved by certification against all of the following SAE Standards:

J2566 : Personal Watercraft--Display of Persons Capacity Information

J2034 : Personal Watercraft Ventilation Systems

J1973 : Personal Watercraft--Flotation

J2120 : Personal Watercraft--Electrical Systems

J2046 : Personal Watercraft Fuel Systems

J2608 : Off Throttle Steering Capabilities of Personal Watercraft

B. Exhaust Emissions:

The Notified Body is fully involved in post construction assessment.

The Notified Body has to use tests and procedures according to the Directive unless the technical file submitted provides evidence that the engine complies with one of the regulations listed below. These regulations were either in place before the amendment of the directive came into force and represent exhaust emission limits, which are at least as stringent as the requirements set by the amended directive, or are more recent non EU regulations that provide evidence of equivalent conformity.

Engines not complying with one of these regulations shall be submitted to exhaust emission testing in accordance with the harmonised standard.

For PCA of used craft the Notified Body should take additionally into account the history of the maintenance and use of the engine and should assess the condition of the craft and the engine in order to be ensured about the craft's equivalent compliance with the exhaust emission requirements.

Compliance has to be shown according to the list as shown below or by equivalent confirmation drawn up by the engine manufacturer.

Regulation Comparison for CI Engines

• EU Directive 97/68/EC [stage 2 and if P >37kW], compliance shown by label on engine acc. to Annex I Subclause 3 & type approval certificate

• EU Directive 97/68/EC as amended by EU Directive 2004/26/EC [stage IIIA, IIIB, IV and if P >37kW], compliance shown by label on engine acc. to Annex I Subclause 3 & type approval certificate

• US Environmental Protection Agency (EPA) 2002 Recreational Engine Rule, signed on September 13, 2002, compliance shown by label on engine acc. to 40 CFR § 94.212 [40 CFR Part 89 et al.][67 FR 68241-68447, 8 Nov 2002],

• US Environmental Protection Agency (EPA) 1999 (Commercial) Marine Engine Rule, signed on October 23, 1999, compliance shown by label on engine acc. to 40 CFR § 94.212 [40 CFR Parts 89, 92][64 FR 64 73300-73373, 29 Dec 1999]

US Environmental Protection Agency (EPA) 2008 Category 1 and 2 Marine Engine Rule, signed on March 14, 2008, Recreational Craft up to a displacement of 7 l/cyl covered in Category 1, compliance shown by label on engine acc. to 40 CFR § 94.212 [40 CFR Part 9, 85 et al.][73 FR 88 25098-25352, 6 May 2008]

• EU Directive 88/77/EEC as amended by 2001/27/EC, compliance shown by label on engine acc. to EU Directive 88/77/EEC Subclause 5 & Annex 3

• UN Regulation ECE-R96 as amended by Series 01, compliance shown by label on engine acc. to UNECE R96 Subclause 4

Regulation Comparison for SI Engines

SD/I Engines:

• Lake Constance Shipping Ordinance (BSO - Bodenseeschiffahrtsordnung) [stage 1 and if four stroke engines greater 10 kW], compliance shown by numbered, individual type-certificate for exhaust coming with the individual engine acc. to BSO Annex C

• Lake Constance Shipping Ordinance (BSO - Bodenseeschiffahrtsordnung) [stage 2], compliance shown by numbered, individual type-certificate for exhaust coming with the individual engine acc. to BSO Annex C

• US Environmental Protection Agency (EPA) 2008 Non Road SI Rule = EPA 2010 SD/I, compliance shown by label on engine acc. to 40 CFR § 94.212 [40 CFR Parts 9, 60, 80 et al.][73 FR 59033-59380, 8 Oct 2008]

• California Air Resources Board (CARB, 13 California Code of regulation, section 2440) SD/I Rule (Stage 1 – 4), compliance shown by label on engine acc. to 13 CA ADC § 2443.1 Clause C

OB/PWC Engines:

• Lake Constance Shipping Ordinance (BSO - Bodenseeschiffahrtsordnung) [stage 1 and if four stroke engines greater 10 kW], compliance shown by numbered, individual type-certificate for exhaust coming with the individual engine acc. to BSO Annex C

• Lake Constance Shipping Ordinance (BSO - Bodenseeschiffahrtsordnung) [stage 2], compliance shown by numbered, individual type-certificate for exhaust coming with the individual engine acc. to BSO Annex C

• US Environmental Protection Agency (EPA) 2008 Non Road SI Rule = EPA 2010 OB/PWC, compliance shown by label on engine acc. to 40 CFR § 94.212 [40 CFR Parts 9, 60, 80 et al.][73 FR 59033-59380, 8 Oct 2008]

• California Air Resources Board (CARB, 13 California Code of regulation, section 2440) OB/PWC Rule (Stage 3), compliance shown by label on engine acc. to 13 CA ADC § 2443.1 Clause C

C. Noise Emissions: see chapter E of the Guidelines

The Notified Body is fully involved in post construction assessment.

All inboard powered craft and PWC shall undergo individual noise assessment according to the harmonised standard EN ISO 14509 Part1.

For PCA of used craft the Notified Body should take into account the history of the maintenance and use of the engine and should assess the condition of the craft and the engine in order to ensure compliance with the noise limit values.

In case there is more than one craft of a production type having identical engines, exhaust and propulsion arrangements being subject to PCA, the NB may identify and assess one craft as a master craft and take this as a reference for assessing the other craft on their equivalent conformity with the noise emission requirements.

d) Other procedure to be applied for PCA:

Components listed in Annex II:

Components not CE certified in compliance with the RCD are to be inspected according to the relevant standards as applicable. In case such components are found not in compliance they are to be replaced.

Relevant Approved Recommendations for Use (ARFU): #09, #26

Technical documentation:

The person who places the product on the market and/or puts it into service must provide the Notified Body with any available document and technical file referring to the first placing on the market of the product in the country of origin.

The Notified Body shall examine the individual product. The list given on minimum survey activities (chapter G. VII c) “Procedures to be applied for module G”) should be used.

The NB shall carry out calculations and other assessment to ensure its equivalent conformity with the relevant requirements of the Directive. If the provided available document and technical file is not sufficient to carry out these assessments and calculations, additional technical documentation may need to be generated in order to allow the Notified Body to ensure the assessment of equivalent conformity.

Documents to be issued by the Notified Body

• PCA Report of Conformity for Craft – This report includes the assessment results per relevant Essential Requirement and includes information to the applicant with regard to his obligations. A recommended standard PCA Report of Conformity is given on the following pages. (Note for Notified Bodies: a template of this report in word can be downloaded from www.rsg.be)

• PCA Report of Conformity for PWC – This report includes the assessment results per relevant Essential Requirement and includes information to the applicant with regard to his obligations. A recommended standard PCA Report of Conformity for PWC is given on the following pages. (Note for Notified Bodies: a template of this report in word can be downloaded from www.rsg.be)

Note: Equivalent conformity is reached when the notified body can ensure that the product in its current state, after being assessed in accordance with the above principles, fulfils all relevant essential requirements of the RCD.