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The Recreational Craft Directive (RCD) 94/25/EC [Download
94/25/EC] is a directive based on the new and global approach for common
trading practices across Europe. The directive sets essential requirements
for the design and construction of ‘Recreational craft’ which it defines as
”…any craft intended for sport or leisure purposes, regardless of the type
or the means of propulsion, with a hull length of 2.5m to 24m, measured
according to the appropriate harmonized standards”. The Directive applies to
pleasure craft, partially completed boats and loose and assembled
components. Failure to satisfy the requirements of the directive carries a
heavy fine or a prison sentence.
The Directive became available for use from 16 June 1996 and became
mandatory from 16 June 1998. As such manufacturers and importers may
no longer place pleasure craft and components on the market which do
not comply with the essential requirements of the directive. In
addition to these technical requirements, the Directive imposes a
requirement on the manufacturer to keep a technical file of all
relevant data, to officially state the conformity of his product in
a Declaration of Conformity, to affix the CE Marking on the craft and to inform the users about safe use/maintenance
through a builder's plate and an owner's manual.
Craft
which are self built, and not placed on the market for a period of five
years may opt for exclusion from the directive under Chapter 1, Article 1 (OJ
1464 - 4.Vii) However it is common thinking that a non CE marked craft less
than five years old, has no market value as it can not legally be sold
within the EU, as such many professional surveyors will not provide an
estimate on value for insurance purposes which can make the acquisition of
suitable fully comprehensive insurance cover difficult . In addition any
subsequent need to transfer the ownership of the craft within the five year
period could incur hefty fees for a compulsory ‘Post Constructional
Assessment’ which will require the mandatory use of a notified body for
craft after 1st January 2006.
From
1st January 2005 the amended Recreational Craft Directive (RCD) 2003/44/EC
was available for use, later to become the compulsory version of the
directive to be used after 1st January 2006. Some of the amendments are
subtle with others being far reaching and are detailed in the Recreational
Craft Regulations – OJ 1464. [Download
2003/44/EC]
With
2003/44/EC comes a requirement that any craft which should have conformed to
the Recreational Craft Directive but did not or does not must now under go a
formal Post Constructional Assessment process before it can legally be put
on the market or put into service.
There are numerous compliance options and several exclusions which apply to
the Recreational Craft Directive, with even more myths and misconceptions
which perpetuate an unnecessary confusion and uncertainty surrounding the
requirements of these directives.
Due
to our experience and knowledge with both directives 94/25/EC and 2003/44/EC
we are regularly called upon to advise the legal profession, trading
standards, large and small commercial boat builders, equipment manufacturers
and private individuals alike. The nature of the experience which is drawn
upon ranges from conformity options and requirements, to craft assessments
and guidance to achieve dispute resolutions. A consultation can range from
as little as a one hour meeting to explain specific and general requirements
of the directive ….to the design and supervision of a full quality and
Recreational Craft Directive conformity procedure.
There
are various methods of declaring compliance, the most common and frequently
expected method is by using the European harmonised standards developed
especially for use with the RCD. [Download
list of harmonised standards] However conformity with the Essential
Requirements can be achieved by other means including unique and bespoke
practices.
In
general The Recreational Craft Directive is concerned with 'Essential
Requirements' which are mostly associated with safety. For a ‘Category D’
craft such as an Inland waterway narrow boat conformity can be fairly
straight forward. For a ‘Category A’ craft, such as a self sufficient
sailing yacht capable of enduring heavy seas, proving conformity can be more
elaborate but should still be straight forward and can be tailored to become
a useful aid to the manufacturing process. It is our experience that anybody
competent to build or complete a craft using good boat building principles
is normally capable of ensuring that they comply with the Recreational Craft
Directive using a simple but comprehensive collation of paperwork and a
little additional guidance.
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