Appendix 4 S.I. 2004/1464: memorandum
from the Department of Trade and Industry
Recreational Craft Regulations 2004 (S.I. 2004/1464)
1. The Committee has requested a Memorandum from
the Department on the following point:
The definition of "component" in regulation
2(1) is limited by the phrase "when intended for installation
in recreational craft". The underlined words
do not appear in article 1(1)(a)(iii) of the Directive. Explain
the reason for their inclusion in the Regulations, and how the
Regulations are intended to operate in respect of components intended
for installation in personal watercraft.
2. Whilst the words "in recreational craft"
do not appear in Article 1(1)(a)(iii) of Directive 94/25/EC (as
amended by Directive 2003/44/EC, which is implemented in the above
Regulations), it was considered that an element of elucidation
would be helpful and was to be implied, from the scope of that
Directive, in connection with the words "when intended for
installation".
3. However, the Department accepts that (if that
elucidation is included) reference should also have been made
to personal watercraft on the basis that some of the components
specified in Schedule 2 to the above Regulations might also be
installed in personal watercraft as well as recreational craft.
4. It is understood from initial contact with industry
that such elucidation is welcomed. A suitable amendment, either
omitting the reference to recreational craft or (more likely)
adding a reference to personal watercraft will be considered and
made to come into force on 1st January 2005 i.e. at the same time
as most of the other provisions of the above Regulations.
5. The Department is grateful to the Committee for
drawing this point to its attention.
28th June 2004
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