5c

RECREATIONAL CRAFT DIRECTIVE 2003/44 EC

21st ADCO MEETING IN STOCKHOLM
November 5th and 6th 2009

Products originally built by a manufacturer and commercialised

under another brand after PCA.

A large US dealer, claiming to be the manufacturer and assisted by a UK notified body, is beginning to
import in the EU PWC originally built by Yamaha and Kawasaki.
The PWC have their engine’s electronic system modified and also a small part of their structure ( e.g the
addiction of a small strengthening element into the hull ). The PWC are renamed under the US dealer’s
brand and they are re-numbered with the CIN awarded by the notified body.
According to France, this way of operating has serious implications :
- On the definition and the role of a manufacturer : Is a minor modification of a manufactured
product sufficient to consider it is a new product and to commercialize it under the brand of
a new manufacturer ?
- On the credibility and the liability of the US dealer and of the notified body : What is the
credibility of such a manufacturer ? He is not issuing a CIN and the notified body is
assessing tens of products under the PCA module without asking the manufacturer to apply
the RCD modules.
- On the PCA procedure : Should this procedure be used to assess tens of products ?

Proposed position :
The modifications made by the US dealer are not, according to the RCD definitions, transformations that
involve a major engine modification or alter the craft to such an extent that it is considered as a new craft.
The PWC on the new brand can’t be considered as a new product.

The US dealer doesn’t design and manufacture a product covered by this Directive. Such a product is
also not designed and/or manufactured for him with a view to placing it on the market on his own behalf.
The US dealer can not be considered as a manufacturer.

In the case of the PCA procedure, 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. The
representatives of the original manufacturers fulfils the responsibilities for the products’ conformity. The
PCA procedure can’t apply to such products.

Conclusion : The products originally built by one manufacturer in a third country, modified under
doubtful circumstances and then commercialised under another brand ( after a Notified Body has
conducted a PCA ) shall not be allowed to enter the EEA/EU market.

Closed session – Paper issued by FRANCE for decision.