Regulation 2 InterpretationE1I1

In these Regulations—

• “the 1987 Act” means the Consumer Protection Act 1987^f1;

• F1...

• F2...

• “adaptor” means a person who adapts an engine for use in watercraft;

• F3“approved body” has the meaning given to it in regulation 55 (approved bodies);

• “authorised representative” means a person appointed in accordance with regulation 39;

• F4...

• “Commission” means the Commission of the European Union;

• F5...

• “components” means the components of watercraft listed in Schedule 2 when placed on the F6... market separately and when intended for installation in watercraft;

• “conformity assessment” means the process demonstrating whether the essential requirements relating to a product have been fulfilled;

• “conformity assessment body” means a body that performs conformity assessment activities including calibration, testing, certification and inspection;

• F7“declaration of conformity” means the declaration required to be drawn up in accordance with regulation 10;

• “designated standard” has the meaning given to it in regulation 2A;

• F8...

• the “Directive” means Directive 2013/53/EU of the European Parliament and of the Council on recreational craft and personal watercraft repealing Directive 94/25/EC^f2 F9...;

• “distributor” means a person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;

• “district council” means a district council within the meaning of the Local Government Act (Northern Ireland) 1972^f3;

• “economic operator” means a manufacturer, an authorised representative, an importer or a distributor;

• “enforcing authority” means any person enforcing these Regulations under regulation 66;

• “engine family” means the manufacturer’s grouping of engines which, through their design, have similar exhaust or noise emission characteristics;

• “essential requirements” means the requirements set out in regulation 6;

• F10...

• F11...

• “hull length” means the length of the hull measured in accordance with the F12designated standard;

• F13 “importer” means a person who—

  1. (a)

     is established in the United Kingdom and places a product from a country outside of the United Kingdom on the market; or

  2. (b)

     is established in Northern Ireland and places a product on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

• “major craft conversion” means a conversion of a watercraft which—

  1. (a)

     changes the means of propulsion of the watercraft;

  2. (b)

     involves a major engine modification; or

  3. (c)

     alters the watercraft to such an extent that it may not meet the applicable essential requirements;

• “major engine modification” means the modification of a propulsion engine which—

  1. (a)

     could potentially cause the engine to exceed the emissions limits set out in Part B of Schedule 1; or

  2. (b)

     increases the rated power of the engine by more than 15%;

• “making available on the market” means any supply for distribution, consumption or use on the F14market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge and related expressions must be construed accordingly;

• “manufacturer” means a person who—

  1. (a)

     manufactures a product or has such a product designed or manufactured; and

  2. (b)

     markets that product under that person’s name or trademark;

• “market surveillance authority” has the meaning set out in regulation 65 (designation of market surveillance authorities);

• “means of propulsion” means the method by which the watercraft is propelled;

• F15...

• F16...

• “personal watercraft” means a watercraft intended for sports and leisure purposes of less than 4 metres in hull length which uses a propulsion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull;

• “placing on the market” means the first making available of a product on the F17market of Great Britain, and related expressions are to be construed accordingly;

• F18“private importer” means a person who—

  1. (a)

     is established in the United Kingdom; and

  2. (b)

     imports in the course of a non-commercial activity a watercraft from a country outside of the United Kingdom into the United Kingdom with the intention of putting it into service for the person's own use;

• “product” means a product to which these Regulations apply, in accordance with regulation 3;

• “propulsion engine” means any spark or compression ignition internal combustion engine used directly or indirectly for propulsion purposes;

• “putting into service” means the first use of a product in the F19market of Great Britain by its end-user and related expressions are to be construed accordingly;

• “RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) 339/93^f4;

• “recall” means any measure aimed at achieving the return of a watercraft that has already been made available to the end-user and related expressions must be construed accordingly;

• “recreational craft” means any watercraft of any type, excluding personal watercraft, intended for sports and leisure purposes of hull length from 2.5 metres to 24 metres, regardless of the means of propulsion;

• “relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 42 (applicable conformity assessment procedures);

• “small or medium-sized enterprise” has the same meaning as in Commission Recommendation 2003/361/EC^f5;

• “technical documentation” has the meaning given in regulation 9 (technical documentation and conformity assessment);

• F20“technical specification” means a document that prescribes technical requirements to be fulfilled by a product;

• “UK marking” means the marking in the form set out in Annex 2 of RAMS;

• “UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;

• “watercraft” means any recreational craft or personal watercraft;

• “watercraft built for own use” means any watercraft predominantly built by its future user for that user’s own use; and

• “withdrawal” means any measure aimed at preventing a watercraft in the supply chain from being made available on the market and related expressions must be construed accordingly.

In these Regulations, a reference to a product being “in conformity with Part 2” means that—

In these Regulations, except regulation 34 (monitoring) and Schedule 1, “risk” means a risk to—

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