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Maritime Department 2010-11-09 Christer Bergström

Draft minutes from the 21st AdCo-meeting

November 2009-11-05- -06 Stockholm

RCD AdCo members

Agenda item 1- Opening of the meeting and approval of

agenda
The Maritime Director, Per Nordström, from the Maritime Department of the
Swedish Transport Agency welcomed the participants and announced the 21st
AdCo meeting opened. He also gave some figures on the Swedish boat market.

After moving the agenda item 11 about “Reference to standards in RCD” to be

dealt with under agenda item 5b “Equivalent conformity of engines” the agenda
was approved.

Agenda item 2- Participants and contact list update

The participants introduced themselves and the AdCo contact list was circulated
for corrections.

Agenda item 3- Next meeting of RCD AdCo

Spain announced that the next meeting probably will be held in Brussels and that
they will come back later with the dates for the meeting.

Agenda item 4- Action points from the 20th meeting

The action points from the previous meeting in Prague were looked trough.
Member States that still had information to be forwarded were reminded.
It was confirmed that the Family concept as agreed on at the meeting in Prague
was not accepted in any part of post construction assessment and that the
decision should be listed in the decision annex.

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Agenda item 5a- Intergovernmental issue concerning PCA

One question at issue is if the PCA procedure should be allowed for recreational
craft only, excluding PWC:s and engines that are not installed in a recreational
craft.
A great majority (15 out of 18) were of the opinion that PCA should not be
allowed for PWC:s. Member States requested to have the issue examined for
decision according to Article 6.4 of the Directive.
If a decision in line with the opinion of the majority is carried, RSG should be
urged to withdraw RFU 82 to reflect the fact that the Directive allows PCA for
recreational craft only.
Following the confirmed decision that the family concept is not accepted
attention was drawn to the need for Notified Bodies to adhere to Directive’s
principle that only individual products can be subjected to PCA.
It was also brought up if Member States should accept that Notified Bodies take
part in drawing up the documentation of a craft for which the Notified Bodies
issues a post construction report. A majority were of the opinion that it was not
possible as it is in conflict with the minimum criteria for notification of bodies
according to Annex XIV point 2 of the Directive.
It was agreed that RSG should be urged to revise the Guidelines to be in
conformity with the Directive.
The meeting discussed if all PCA products should be rejected until all
requirements for Notified Bodies are fulfilled and it was concluded that RSG-
guidelines could not be used as they are not in line with the Directive. However,
correctly made PCA should be accepted and it is up to the Member States to
check if the Notified bodies have followed the rules.
In addition it was discussed if the Commission should urge the Member States to
commence the procedure for renotification of Notified Bodies in accordance
with NLF. It was concluded that it is the responsibility of the Member States to
check that the Notified Bodies fulfils all the obligations for Notified Bodies.
When the new Directive enters into force the Notified Bodies have to be checked
according to the NLF.

Agenda item 5b – Equivalent conformity of engines

Harmonized standards and the RFU 40 were discussed. A majority of the
Member States were of the opinion that RFU 40 should be followed. Member
States wanted the issue examined for decision according to Article 6.4 of the
Directive.

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Agenda item 5c – Products originally built by a manufacturer

and commercialised under another brand after PCA
The question concerned a PWC dealer that claimed to be manufacturer after
some minor changes of the craft. This agenda item was partly covered by item
5a. However, the definition of manufacturer was discussed and the Commission
is going to come back on this matter after consultation with the legal services.

Agenda item 5d – Notified bodies and their subcontractors

Some Member States have experienced situations where the nature of the
professional relationship between the subcontractor doing the PCA and the
notified body responsible for the assessment has been unclear to the surveillance
authorities. The assessments have been unsatisfactory and some notified bodies
are breaking the rules.
The Directive clearly states that the notified body shall do the assessment.
However, the main question is to what degree a notified body can subcontract its
tasks.
Attention was drawn to the fact that bodies acting as subcontractors to notified
bodies have to be notified as such. It is also the responsibility of the notified
body to inform the Member State concerned of its intention to subcontract
certain work. In addition the Member State that has notified the body, that
wishes to subcontract part of its work, must be capable of ensuring the Notified
Body’s effective monitoring of the subcontractor’s competence.
It was concluded that Member States should check the subcontractors. It was
decided to form a group under the Standing Committee to check the RSG-
guidelines.

Agenda item 6 – Certification by non-notified body ”Ingenieur

Büro Capt Müller Berlin” – update on situation
The market surveillance authority, that have jurisdiction over the person in
question, reported that he sometimes claimed to be working for a Notified Body
and sometimes as a consult for manufacturers. He also claimed, to the market
surveillance authority, all work done after 2007 was in line with the Directive
One of the Member States reported that the person had acted as an inspector for
the Notified Body in August this year. The market surveillance authority,
responsible for the Notified Body in question, suggested that they should ask the
Notified Body to help sort out if the person is part of the Notified Body.

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Agenda item 7 – Accident with Chinese Hison PWC – update

on information
An investigation is ongoing and the Member State concerned will to come back
with more information in about two weeks. The PWC is declared to be tested
according to the EMC-Directive

Agenda item 8 – Insertion of harmonised standard in the type

examination certificate of the notified body
Market surveillance authorities have asked for the standards used by Notified
Bodies for assessment to be listed in the EC-type examination certificate. It was
confirmed that the certificate has to contain a list of the standards used for
assessment.

Agenda item 9 – Question referring to the NLF-regulation in

practice
Question had been raised about basing market surveillance on certain quantities
or on a risk assessment programme and if there are any special consideration to
be taken into account for the RCD sector. It was made clear that there are no
binding special requirements on how the market surveillance should be carried
out for the RCD sector but that the Regulation has to be followed.
Another question was if there are any specific requirements set for accident
monitoring system and if there will be a common system for the entire EEA/EU.
The Commission informed the meeting that it will check if it is binding for the
Commission to run such a system and come back with an answer either on the
forthcoming Standing Committee meeting or at the next AdCo-meeting. The
Commission will come back with a functional mail box address to which
Member States should send their market surveillance programs.
It was decided to set up a working group chaired by Sweden to look into the
design of a suitable accident monitoring system. Finland, the Netherlands and
ICOMIA announced their interest to participate. AdCo-members were requested
to contact Sweden if they want to participate.
The European Boating Association (EBA) explained that the 18 months rule is
an exemption from VAT for products brought into the Community market for
personal use. Other use or use longer than 18 months entails obligation to pay
VAT.

Agenda item 10 – The exchange and information system in the

RCD sector
The Commission presented two different information systems. The Information
and Communication System for Market Surveillance (ICSMS), and the Internal

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Market Information System (IMI). ICSMS is run by private enterprise and

Member States have to pay for the use of the system. The IMI is run by the
Commission and can be used by Member States free of charge. The Commission
declared that Member Stats should have an information system that could be
IMI, ICSMS or another system and that is up to Member Stats to decide on the
system they want to use. The Commission will be back with closer information
about the status of the systems in a future meeting.

Agenda item 11 – Reference to standards in the RCD

This item was moved and dealt with under agenda item 5b.

Agenda item 12 – Fake certifications of last 6 months

RSG pointed out that the fake certificates is a huge problem for the Notified
Bodies and that the number of fake certificates seems to increase. It was
discussed if the fake certificates should be made public and which party is
responsible to take legal action. It was decided that RSG should come back at
the next meeting with information on if the Notified Bodies want to have the
fake certificates made public.

Agenda item 11 reopened – Reference to standards in the RCD

The item was reopened and ICOMIA asked if not the standard for exhaust
emission should be used for PCA. Commission answered that there is two
possibilities and that the Legal Service had concluded that the harmonized
standard could be mandatory. The other possibility is not to require a
harmonized standard and that an equivalent method should be accepted.
ICOMIA pointed out that the Directive required the standard to be used and that
there is no acceptable method today for equivalent conformity. ICOMIA will
write to the Commission on this issue with copy to AdCo.

Agenda item 13 – Dealer claiming to be manufacturer of PWC:s

assisted by Notified Bodies
A large US dealer, Riva motorsports are claiming to be manufacturer of Yamaha
and Kawasaki PWC:s and is assisted by a Notified Body when certifying these
products.
The definition of manufacturer in the Directive was discussed. The problem
seems to originate from the Application guide that widens the scope of
manufacturer. Regulation 765/2008 has a similar definition of manufacturer and
with the interpretation made in the Application guide the problem will remain.
Several Member States and EBA supported ICOMIA:s position that RIVA does
not meet the definition of manufacturer. However, no solution was found.

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Agenda item 14 – Clarifications about “dismantling bows”

A Member State had been asked by a manufacturer about measuring of hull
length according to ISO 8666 (Principal data) for a boat with a “dismantling
bow”. At least one other Member State had experienced the same problem. The
Member State asked for a common interpretation. However, as the preferred
solution is incompatible with the standard and considering the fact that the
standard is under revision it was decided that the CEN-consultant brings the
question to working group 9 (Main dimensions of the hull and identification of
the hull) for consideration. It was also made clear that ICOMIA and TC 188
keeps a list on proposals for changes in standards, the “ISO Improvement List”,
and when a standard comes up for revision these proposals will be taken account
of.

Agenda item 15 – Communication concerning issued and

withdrawn EC type-examination certificates
The RSG representative informed the meeting that 15 out of 33 Notified Bodies
contribute to the system set up by RSG where EC type- approval certificates are
displayed and thereby meeting the requirement for communicating information
concerning issued and withdrawn EC type -examination certificates and
additions. He reported that only 13 of the 33 were active in the RSG meetings
and that this in fact causes an unfair competition as the participation requires a
lot of resources. It is not possible for RSG to change this situation. Member
States were asked to ensure that their Notified Bodies act properly or have their
notification withdrawn.

Agenda item 16 – Recent development of standards in the

recreational craft sector
The CEN consultant presented the developments in the standardisation work
field. It was decided to have the presentation uploaded at the CIRCA website.

Agenda item 17 – presentation by the European Boating

Association
The EBA representative presented their organisation and what they are working
with. It was decided to have the presentation available at the CIRCA website.

Agenda item 18 – any other business

Commission’s representative announced that the next Standing Committee
meeting will be held on the 17th December at the Berlaymont building.

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Participants:
Bergström Christer Sweden Swedish Transport Agency
Carruthers Stuart U.K. European Boating Association
Čegec Adriana Slovenia Ministry of the Economy
Dejonckheere Jo Belgium Federal Public Service Mobility and Transport
Eklund Erik Sweden Swedish Transport Agency
Ferrari Giancarlo Italy Ministero Infrastrutture e Trasporti
Geiss Joachim Germany German Ministry of Economics and Technology
Hauret Bruno France Ministry for Ecology, Energy, Sustainable
Development and the Sea
Hellberg- Helena Sweden Swedish Transport Agency
Petersson
Henriquez
Salas Fernando Spain Ministerio de Fomento
Iminski Andrzej Poland Maritime Office
Kezbers Gints Latvia Maritime Administration of Latvia
Kleinitz Udo U.K. ICOMIA
Klyne Michael Ireland Department of Transport
Kõnd Andres Estonia Estonian Maritime Administration
Koppel Gerli Estonia Ministry of Economic Affairs and Communications
Krienbühl Clemens Switzerland Schiffsinspektorat Kanton Schwyz
Lane Kevin U.K. Department for Buisness, Innovation & Skills
Lentsch Wolfgang Austria Ministry of Economy
Lindqvist Håkan Sweden Det Norske Veritas
Lustig Selma The
Heleen Netherlands Transport Shipping and Water Management
Maio Massimo Italy Ministero Infrastrutture e Trasporti
Mayerhöfer Jan Belgium European Commission/DG Enterprise
Nina Hanssen Åse Norway Norwegian Maritime Directorate
Nordström Per Sweden Swedish Transport Agency
Opadczuk Iwona Poland Ministry of Economy
Patrakka Kimmo Finland Finnish Maritime Administration
Petersson Lina Sweden Swedish Transport Agency
Pisarz-van den Ministry for Ecology, Energy, Sustainable
Heuvel Caroline France Development and the Sea
Reppe Bjørn Norway Norwegian Maritime Directorate
Rice Anthony U.K. ICOMIA
Riordan Nick U.K. Hampshire Trading Standards Service
Ruch Fritz Ernst Switzerland Federal Office of Transport
Saw Nigel U.K. CEN
Schmidt Axel Germany Authority for Social Affairs, Family, Health and
Consumer protection Department
Vanderstraeten Werner Belgium Federal Public Service Mobility and Transport
Wenda Jerzy Poland Maritime Office
Vidjak Andro Croatia Croatian Register of Shipping
Wilenius Tom Finland Finnish Maritime Administration
Wissler Anders Sweden Swedish Transport Agency

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List of AdCo decisions 2009-11-29 Revision 0

Article 8.
Stockholm Agenda item 4. It was decided that the family concept is not accepted
for any part of Post Construction Assessment (PCA).
Annex VII point 5
Stockholm Agenda item 8. It was decided that EC-type examination Certificates
has to contain a list of the standards used for assessment.

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Street address: Östra promenaden 7 telephone: +46 771 503 503