# Commission Implementing Regulation (EU) 2017/1 of 3 January 2017 on procedures for watercraft identification under Directive 2013/53/EU of the European Parliament and of the Council on recreational craft and personal watercraft (Text with EEA relevance) EU Regulation 2017/1 · adopted 3 January 2017 Commission Implementing Regulation (EU) 2017/1 of 3 January 2017 on procedures for watercraft identification under Directive 2013/53/EU of the European Parliament and of the Council on recreational craft and personal watercraft (Text with EEA relevance) ## Introductory text Commission Implementing Regulation (EU) 2017/1 of 3 January 2017 on procedures for watercraft identification under Directive 2013/53/EU of the European Parliament and of the Council on recreational craft and personal watercraft (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC, and in particular Article 49(1)(c) thereof, Whereas: (1) In order to ensure a better implementation of the coding system required for watercraft identification pursuant to Directive 2013/53/EU, to facilitate the cooperation between Member States and to increase transparency, is necessary to lay down minimum rules regarding the procedure for the assignment and administration of the unique code of the manufacturer. (2) It is appropriate to establish that each Member State is responsible for designating a national authority or national body for assigning the unique code of the manufacturer which will be a key contact point for the assignment and administration of manufacturer's codes. (3) The measures provided for in this Regulation are in accordance with the opinion of the Recreational Craft Directive Committee set up by Article 50(1) of Directive 2013/53/EU, HAS ADOPTED THIS REGULATION: ## Chapter 1: GENERAL PROVISIONS ## 1 Subject matter This Regulation lays down rules on watercraft identification, in particular rules on assignment and administration of manufacturer's codes. ## 2 Definitions For the purpose of this Regulation, the following definitions shall apply: (a)‘UK national body’ means a body appointed by the Secretary of State for assigning the unique code of the manufacturer; (b)‘country where the manufacturer is established’ means the country where the manufacturer has its registered office, in case of a legal person, or a permanent address, in case of a natural person; (c)‘UK national register’ means the register held by or on behalf of the Secretary of State, where the unique code of manufacturer for manufacturers established in the United Kingdom is recorded; (d)‘UK third country register’ means the register held by or on behalf of the Secretary of State, where the unique code of manufacturer for manufacturers established outside of the United Kingdom is recorded; (e)... (f)‘approved bodies’ register' means the register held by or on behalf of the Secretary of State where the post-construction assessment identification code is recorded. ## Chapter 2: COMPOSITION OF THE WATERCRAFT IDENTIFICATION NUMBER ## 3 Watercraft identification number 1. A watercraft identification number (WIN) shall consist of the following elements in the following order: (a) the country code of the manufacturer indicating where the manufacturer is established; (b) the unique code of the manufacturer assigned by or on behalf of the Secretary of State; ... (c) a unique serial number assigned by the manufacturer for identification of the watercraft and used only once by that manufacturer; however the same combination of characters may be used also by another manufacturer with the distinctive element being the combination with the unique code of manufacturer and the country code of the manufacturer; (d) month and year of production; (e) model year which corresponds to the year when the specific watercraft is intended to be placed on the United Kingdom market. 2. The composition of the WIN shall comply with the second paragraph of paragraph 2.1 of Schedule 1 to the Recreational Craft Regulations 2017. ## Chapter 3: ASSIGNMENT AND ADMINISTRATION OF THE UNIQUE CODE OF THE MANUFACTURER ## 4 Assignment of the unique code of the manufacturer 1. The unique code of the manufacturer shall be assigned by the UK national body or, if none is designated, the Secretary of State following a request by a manufacturer or its authorised representative in accordance with Article 6 or 7. 2. The unique code for a manufacturer shall be generated and assigned only once by the UK national body or the Secretary of State. Each manufacturer shall have only one unique code for use over the United Kingdom market. ## 5 UK national body for assigning the unique code of the manufacturer 1. The Secretary of State may designate the UK national body responsible for assigning the unique code of the manufacturer. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3.) In the absence of a designation under paragraph 1, the Secretary of State is responsible for assigning the unique code of the manufacturer. ## 6 Procedure for assignment of the unique code of the manufacturer to a manufacturer established in the United Kingdom 1. A manufacturer established in the United Kingdom must, before placing a watercraft on the market of Great Britain, submit an application in English for the assignment of the unique code of the manufacturer, to the UK national body or, if none is designated, the Secretary of State. 2. The application referred to in paragraph 1 shall be accompanied by a copy of a document that proves that the manufacturer is established in the United Kingdom, in English. 3. The UK national body or, if none is designated, the Secretary of State, after having verified the application, shall assign the unique code of the manufacturer in compliance with Article 4. 4. The Secretary of State shall ensure that the unique code of the manufacturer is registered in the UK national register. ... ## 7 Procedure for assignment of the unique code of the manufacturer to a manufacturer established outside of the United Kingdom 1. A manufacturer established outside of the United Kingdom or its authorised representative shall, before placing a watercraft on the United Kingdom market, submit an application, in English, for the assignment of the unique code of the manufacturer to the UK national body or, if none is designated, the Secretary of State. 2. The application referred to in paragraph 1 shall be accompanied by a copy of a document in English that proves in which country the manufacturer is established. 3. Upon receipt of an application from a manufacturer, the UK national body or, if none is designated, the Secretary of State shall verify in the UK third country register the availability of the codes combination in order to ensure that it is the first time the manufacturer has submitted an application .... 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. The UK national body or, if none is designated, the Secretary of State having verified the application shall assign the unique code of the manufacturer to the manufacturer in compliance with Article 4. ... 6. When assigning the unique code of the manufacturer to a manufacturer established outside of the United Kingdom, the UK national body or, if none is designated, the Secretary of State shall register that code and the name and address of the manufacturer in the UK third country register. ## 8 Procedure in case of post-construction assessment 1. In case of post-construction assessment, referred to in regulations 42, 43 and 48 of the Recreational Craft Regulations 2017, where the approved body has to affix under its responsibility the watercraft identification number, the unique code of manufacturer is indicated by the post-construction assessment identification code and shall be assigned by the Secretary of State. 2. When assigning the post-construction assessment identification code the approved bodies shall have it registered in the approved bodies' register. ## 9 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 9A Transitional provision in relation to EU exit (1.) In this Article, “pre-exit period” means the period beginning with 24 January 2017 and ending immediately before exit day. (2.) Where during the pre-exit period— (a) a manufacturer has submitted an application to the national body of the United Kingdom for the assignment of the unique code of the manufacturer, in accordance with Article 6 as it had effect immediately before exit day; but (b) the unique code of the manufacturer has not been assigned, (3.) Where during the pre-exit period the national body of the United Kingdom has assigned the unique code for a manufacturer, in accordance with Article 4 as it had effect immediately before IP completion day, that unique code is to be treated as if it were issued by the UK national body (or, if none is designated, the Secretary of State) in accordance with Article 4 as it has effect on and after IP completion day. ## Chapter 4: FINAL PROVISIONS ## 10 Entry into force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Signature ... ... ... --- Source: https://www.legislation.gov.uk/eur/2017/1 (the official version) Page: https://openlegislation.uk/eu-regulation-2017-1 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.