The situation for new recreational marine engines already in existence at the end of the transitional period for

EU Directive 2003/44/EC
A Guide for boat builders, engine manufacturers and their distributors

Introduction

EU Directive 2003/44/EC requires recreational craft propulsion engines placed on the EU/EEA market to be compliant with the Directive by the
following dates1:

Engine Type2 Exhaust Emissions Sound Emissions Compliance Date

4T SI/CI Inboards, Stern drives without Yes (a) 1 January 2006
integral exhausts
4T Outboards, 4T SI SD/I, 4T PWC, CI Yes Yes 1 January 2006
SD/I (with integral exhaust)
2T Outboards, 2T PWC Yes Yes 1 January 2007

(a) Boatbuilders are responsible for sound emissions testing

The transitional period between the application of the directive (1 January 2005) and the compliance dates (see table above) will require careful
management by engine manufacturers to ensure that all engines arriving on the Community market after the compliance date conform to the
Directives requirements. In addition boat builders outside the EU/EEA will need to ensure that engines fitted in craft that arrive in the
community market after the compliance date have a Declaration of Conformity in accordance with Annex XV Paras 2&3 of the Directive.
However engine manufacturers and boatbuilders may well be concerned over the situation of existing stocks or those arriving in the community
around the time the new regulations come into force.

What is Placing on the Market?

Listed below are a series of statements which, it is hoped, will cover all the possible circumstances that may exist at the time the new regulations
come into force.

1
Engines may comply and be certified for Directive 2003/44/EC from 1 January 2005
2
4T=4 stroke, 2T=2 stroke, SD/I = Stern drive or Inboard engine
1. Individual engines that are already placed on the market by the date specified in the table above do not have to comply with the new
emissions regulations.

2. When can a product be described as being placed on the market?

a. A product is placed on the Community market3 when it is made available for the first time. This is considered to take place when a
product is transferred from the stage of manufacture with the intention of distribution or use on the Community market. The transfer
of the product takes place either from the manufacturer, or the manufacturer's authorised representative in the Community, to the
importer established in the Community or to the person responsible for distributing the product on the Community market. The
transfer may also take place directly from the manufacturer, or authorised representative in the Community, to the final consumer or
user.
b. The action of placing on the market refers to each individual product, not a type of product
c. If the product is made available but is still in the stocks of the manufacturer, it is considered to be placed on the market. (with the
understanding that this stock is physically in the EEA).
d. Completed customs clearance, i.e. the release for free circulation into the EU, is considered as placing on the market, as the product
is fully labelled and documented, type approved and ready for distribution - in legal terms it is made available. It applies both to
engines and the engines already installed in a boat. Physically, it may be in the customs area warehouse when first made available in
the EU.

3. Placing on the market is considered not to take place where a product is:
a. transferred from the manufacturer in a third country to an authorised representative in the Community whom the manufacturer has
engaged to ensure that the product complies with the directive (ie DOC not yet completed)
b. transferred to a manufacturer for further measures (for example assembling, packaging, processing or labelling)
c. not (yet) granted release for free circulation by customs, or has been placed under another customs procedure (for example transit,
warehousing or temporary importation), or is in a free zone
d. manufactured in a Member State with a view to exporting it to a third country
e. displayed at trade fairs, exhibitions or demonstrations if the product is not yet available to the user.
f. in the stocks of the manufacturer, or the authorised representative established in the Community, where the product is not yet made
available,(ie not yet ready for distribution) unless otherwise provided for in the applicable directives4.

3
Community Market = EU states + Norway, Iceland and Lichtenstein
4
See Item 2.3 of the Blue Book
 Summary by Sector

Non-EU Engine Manufacturer Engine dealers and distributors EU Boatbuilders with EU Specified Dates
manufactured engines

1. All existing engines must be
placed on the market by the
compliance date: ie must have
completed customs clearance but
may still be physically in customs
warehouse
2. May also be in stock held in a
warehouse provided it is
physically in EEA
If they are to be exempt the
provisions of Directive 2003/44/EC
EU Engine manufacturer
Any engine that is in the
manufacturers stock and available
for distribution, even if at the
manufacturers factory, at the
compliance date
is exempt the provisions of Directive
2003/44/EC
Any engine in the stock of a
community dealer or distributor at the
compliance date, whether EU or non-
EU manufactured
is exempt the provisions of Directive
2003/44/EC
Importer of Powered boats from
outside the EU
1. Craft arriving after the
compliance date (ie still have to
clear customs) must be fitted with EU Boatbuilders with non-EU
engines that comply with
Directive 2003/44.
2. Conversely all craft fitted with
non-compliant engines must have
completed customs clearance by
the compliance date
1. Any boat builder that is placing a 4T SI/CI Inboards, Stern drives
boat on the market after the without integral exhausts:
specified date may continue to fit 1 January 2006
them with non-compliant engines
provided that engine was in 4T Outboards, 4T SI SD/I, 4T PWC,
manufacturers, distributors, CI SD/I with integral exhausts:
dealers or boatbuilders stocks 1 January 2006
prior to the specified date
2. Any engine being fitted that was 2T Outboards, 2T PWC:
placed on the market after the 1 January 2007
compliance date must comply
with Directive 2003/44/EC
manufactured engines
1. Any boat builder that is placing a
boat on the market after the
specified date may continue to fit
them with non-compliant engines
provided that engine had
completed customs clearance or
was in manufacturers,
distributors, dealers or
boatbuilders stocks within the
EEA prior to the specified date.
2. Any engine being fitted that was
placed on the market after the
compliance date must comply
with Directive 2003/44/EC