1. Conformity based on post-construction assessment is the procedure to assess the equivalent conformity of a product for which the manufacturer has not assumed the responsibility for the product’s conformity with this Directive, and whereby a natural or legal person referred to in Article 19(2), (3) or (4) who is placing the product on the market or putting it into service under his own responsibility is assuming the responsibility for the equivalent conformity of the product. This person shall fulfil the obligations laid down in points 2 and 4 and ensure and declare on his sole responsibility that the product concerned, which has been subject to the provisions of point 3, is in conformity with the applicable requirements of this Directive.

- Comments from the commission:

Post construction assessment is a specific conformity assessment module which addresses the scenarios which are particular to the RCD. Main principle is that the original manufacturer does not assume the responsibilities for the product’s conformity with the requirements of the Directive. The possible scenarios are described in Article 19(2), (3) and (4). In these cases a natural or legal person (noneconomic operator) who is placing the product on the market or putting it into service under his own responsibility is assuming the responsibility for the equivalent conformity of the product.

2. The person who is placing the product on the market or putting it into service shall lodge an application for a post-construction assessment of the product with a notified body and must provide the notified body with the documents and technical file enabling the notified body to assess the conformity of the product with the requirements of this Directive and any available information on the use of the product after its first putting into service. The person who is placing such a product on the market or putting it into service shall keep these documents and information at the disposal of the relevant national authorities for 10 years after the product has been assessed on its equivalent conformity in accordance with the post-construction assessment procedure.

- Comments from the commission

The person who places the product on the market and/or puts it into service must apply to a notified body to conduct the conformity assessment by examining the 120 individual product and its documentation. This person should submit to a notified body all the documents and information (including the information on the use of product) which ensure assessment of conformity of the product to the Directive. However, the technical documentation is required in case of private imports (as stated in Article 12 of the Directive). The technical documentation shall be obtained either from the original manufacturer or drawn up by private importer using appropriate expertise. Private importer may have it drawn up by a technical expert. Copy of the technical documentation or available technical file that has been submitted to the notified body for the PCA assessment, has to be kept by the person who is placing such a product on the market or putting it into service at the disposal of the national authorities. Where the content of the technical documentation is described in Annex IX of the Directive, the technical file required to be demonstrated by persons described in Article 19(3) and 19(4) of the Directive should incorporate all the available documents referring to the product’s first placing on the market or putting into service. These documents may include ownership papers, the manufacturer’s certificate, surveyors’ reports, the boat’s original owner’s manual, engine and other component manuals, specifications, drawings, stability booklet etc.

3. The notified body shall examine the individual product and carry out calculations, tests and other assessments, to the extent necessary to ensure that the equivalent conformity of the product with the relevant requirements of this Directive is demonstrated. The notified body shall draw up and issue a certificate and a related report of conformity concerning the assessment carried out and shall keep a copy of the certificate and related report of conformity at the disposal of the national authorities for 10 years after it has issued these documents. The notified body shall affix its identification number next to the CE marking on the approved product or have it affixed under its responsibility. In case the assessed product is a watercraft, the notified body shall also have affixed, under his responsibility, the watercraft identification number as referred to in point 2.1 of Part A of Annex I, whereby the field for the country code of the manufacturer shall be used to indicate the country of establishment of the notified body and the fields for the unique code of the manufacturer assigned by the national authority of the Member State to indicate the postconstruction assessment identification code assigned to the notified body, followed by the serial number of the post- construction assessment certificate. The fields in the watercraft identification number for the month and year of production and for the model year shall be used to indicate the month and year of the post-construction assessment.

- Comments from commission

The responsibilities of the notified body assessing this equivalent conformity of the product in scope of RCD are:

· inform the person who is placing the product on the market or putting it into service of his obligations under the PCA (as described in Annex V(5)) 121

· draw up and issue a certificate and a related report of conformity concerning the assessment

· affix notified body's identification number

· ensure affixing of watercraft identification number (for watercraft only) The notified bodies are supposed to satisfy themselves with such examination of the individual product which enables to demonstrate the equivalent conformity of the product with the relevant requirements of the Directive. They shall issue the PCA certificate and report of conformity and keep it at the disposal of the national authorities for next 10 years. In case of PCA, the notified bodies are responsible for affixing its identification number next to the CE marking. If the assessed product is a watercraft, the notified bodies are also responsible for affixing the watercraft identification number (as referred in Annex I.A.2.1 of the Directive). This is the shared responsibility together with the person who is placing the watercraft on the market or putting it into service. The first two digits shall indicate the country of establishment of the notified body. The following three digits normally dedicated to the manufacturer's code shall indicate the PCA identification code assigned to the notified body. The month and year of production shall indicate the month and year of the post-construction assessment.

4. CE marking and EU declaration of conformity 4.1. The person who is placing the product on the market or putting it into service shall affix the CE marking and, under the responsibility of the notified body referred to in Section 3, the latter’s identification number to the product for which the notified body has assessed and certified its equivalent conformity with the relevant requirements of this Directive. 4.2. The person who is placing the product on the market or putting it into service shall draw up an EU declaration of conformity and keep it at the disposal of the national authorities for 10 years after the date the post-construction assessment certificate has been issued. The declaration of conformity shall identify the product for which it has been drawn up. A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request. 4.3. In the case the assessed product is a watercraft, the person who is placing the watercraft on the market or putting it into service shall affix to the watercraft the builder’s plate described in point 2.2 of Part A of Annex I, which shall include the words ‘post-construction assessment’, and the watercraft identification number described in point 2.1 of Part A of Annex I, in accordance with the provisions set out in Section 3.

- Comments from the commission

In scope of PCA, the responsibilities of the person who is placing the product on the market or putting it into service are:

· affix the CE marking

· draw up an EU declaration of conformity

· affix the builder’s plate (for watercraft only)

· affix the watercraft identification number (for watercraft only) 122 The CE marking shall be accompanied by the notified body' identification number. The EU declaration of conformity shall be kept at the disposal of the national authorities for 10 years. Builder’s plate described in Annex I.A.2.2 of the Directive shall include the words ‘post-construction assessment’. The person placing the product on the market or putting it into service shall affix also the watercraft identification number described in Annex V(3) of the Directive. This is the shared responsibility together with the notified body assessing the watercraft.

5. The notified body shall inform the person who is placing the product on the market or putting it into service of his obligations under this post-construction assessment procedure

- Comments from the commission:

Provided that the PCA as the equivalent conformity procedure is not supposed to be used by regular clients and on a regular basis like the 'standard' conformity assessment procedures, the notified bodies should provide the information service of their obligations to the persons placing the product on the market or putting it into service under the PCA.