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Post Construction assessment PDF Print E-mail

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.

This second part of paragraph 1 specifies the procedures for post-construction assessment of recreational craft in case the manufacturer or his authorised representative is not fulfilling the responsibilities for the product’s conformity with the requirements of the Directive, a situation for which the original Directive 94/25/EC did not contain any specific provisions. The provisions of this paragraph have to be applied to all such craft that are placed on the market and/or put into service after 31 January 2005 (end of the transitional period specified in article 3 of Directive 2003/44/EC, after which the amending provisions of the Directive have to be fully applied to recreational craft), i.e. no alternative module for conformity assessment can be chosen.

In this context ‘post-construction assessment’ refers to conformity assessment that is required for craft that are completed, and may even have been in use, prior to the assessment. Examples of such cases would be a craft built for own use and then placed on the Community market as a second hand product within 5 years after being first put into service, or a used boat from a third country being imported and hence placed on the Community market for the first time. This would also include boats  manufactured in the EEA for export outside the EEA (and have not been subject to conformity assessment and CE-marking), which afterwards return to the EEA as second hand boat. It should be noted that the PCA assessment has to cover all the requirements of the Directive, including design and construction, noise and exhaust emissions. In the case of a craft that is obviously designed and intended for propulsion engine installation and/or from which the propulsion engine 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.

PCA may also be required for new craft imported from third countries, which have not been designed and manufactured with a view to be placed on the Community market and for which the manufacturer has not applied the requirements of the Directive and hence not declared the craft to be in conformity with the Directive.

In such cases the person who places the craft on the market and/or puts it into service must apply to a notified body to conduct the conformity assessment by examining the individual craft and its documentation. The craft must have a CE mark affixed and a Builder’s plate which has on it the words ‘Post-construction certificate’. Note in this respect the clarification to article 4.1 that some products may be put into service for the first time without being placed on the market.

A copy of the technical file that has been submitted to the Notified Body for the PCA assessment, has to be kept by the Notified Body together with the Report of Conformity at the disposal of the market surveillance authorities for inspection purposes.

 
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