4 Recreational Craft Regulations 2004:
failing properly to implement the relevant Directive
Recreational Craft Regulations 2004 (S.I. 2004/1464)
4.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they fail
to implement properly a provision of the relevant Directive.
4.2 These Regulations implement Directive 2003/44/EC
and replace earlier Regulations which implemented Directive 94/25/EC
(which is amended by the 2003 Directive). The Regulations impose
requirements in respect of "recreational craft", "personal
watercraft" and "components". "Component"
is defined in regulation 2(1) as any one of the components referred
to in Schedule 2 to the Regulations when placed on the Community
market and when intended for installation in recreational craft.
This definition substantially reproduces the corresponding definition
in the 2003 Directive except that the underlined words do not
appear in the definition in the Directive.
4.3 In a memorandum, printed in Appendix 4, the Department
of Trade and Industry explains that these words were included
to provide an element of elucidation which was thought to be implicit
in the Directive. However, the Department now accepts that, if
that elucidation is included, reference ought also to be made
to personal watercraft, as some of the components specified in
Schedule 2 might also be installed in such craft as well as in
recreational craft. The Department indicates that it will amend
the definition of "component" in regulation 2(1), either
by adding a reference to personal watercraft or by removing the
reference to recreational craft, before the Regulations come into
force on 1 January 2005.
4.4 The Committee accordingly reports the definition
of "component" in regulation 2(1) for failing to implement
properly the relevant provision of the 2003 Directive.
| 
