Recreational Craft Directive (RCD)
Guide to Recreational Craft Directive and CE Marking
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 that 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 straightforward. 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.
Recreational Craft Directive and CE Marking FAQs
What is the Recreational Craft Directive?
The Recreational Craft Directive (RCD) was introduced by the European Commission in 1994 to ensure a uniform level of safety in the design and manufacture of recreational craft throughout the European Economic Area. The directive came into force in 16th June 1996 with conformity being voluntary until 16th June 1998 after which the RCD became mandatory. An amendment was introduced in 2004, with the intention of incorporating marine engines and jet ski craft within the scope of the Directive.
The Directive applies to all craft intended to be used for sporting and recreational purposes with a hull length of between 2.5 and 24 metres. With a number of Exclusions:
. craft intended solely for racing
. canoes, kayaks, gondolas and pedaloes
. surfboards and sailboards
. historical replicas
. submersibles
. hovercraft and hydrofoils
. craft intended to be crewed and to carry passengers for commercial purposes (these are covered by another directive)
. Craft built for own use provided they are not subsequently placed on the market for at least five years.
Does My Narrowboat need to comply?
Unless the boat is being built by you, for your own use then the directive does apply in full. DIY builders or those fitting out a shell should be aware that if they choose to apply the exclusion and then later find that they need to sell the craft then they could be faced with a mandatory 'Post Constructional Assessment' which is very likely to incur large professional fees running into several thousand pounds.
What happens if I don't make my boat comply?
The offence of not complying rests with the 'responsible person' who is normally the builder or the person who project manages the build. The DIY boat fitter is also considered as the 'responsible person'. Failure to comply can be deemed as a criminal act on the part of the 'responsible person' and is punishable by a stiff fine and custodial sentence.
Does it just apply to new boats?
No, not exclusively, it applies to all pleasure craft when they are first 'put on the market or put into service ' within the European Economic Union. So this includes craft imported from outside the EU and any commercial craft converted for pleasure use wherever they are sourced. As such commercial narrow boats, barges, fishing vessels, Tugs, work boats and passenger boats which were in a commercial capacity after 16th June 1998 are all required to comply with the Recreational Craft Directive when they are 'put on the market or put into service ' as a recreational craft.
What must I do in order to comply?
There are administration requirements for the 'responsible person' to compile a file of technical information about how the craft satisfies the 'Essential Requirements' of the directive and in addition a detailed Owners manual must be produced so as to inform the owner on how to operate the craft and its equipment in a safe fashion.
Ultimately a completed craft, which satisfies the requirements must be marked with the 'CE' logo and be fitted with a builder's plate indicating how many passengers, crew and luggage may be carried aboard the boat.
For barges and other craft intended to be cruised in non 'Sheltered waters' proving compliance can be more elaborate.
What Essential Requirements are applicable to narrowboats?
All the ER's must be satisfied irrespective of the craft type, however achieving compliance can be less difficult for narrowboats than for example a transatlantic sailing yacht.
Do I have to employ professional help?
Not necessarily, depending on your craft type, For inland waterways craft which are not intended to be used at sea then self certification is possible and relatively easily achieved by someone competent enough to carryout the fitting out process.
For craft that may put to sea or operate in some estuaries then the involvement of a notified body may be required for various aspects of the process.
How much does compliance cost?
It can be free! Depending on your craft type, and how you choose to go about the process. However to embark on the process alone may prove to be arduous and some professional guidance may well be money well spent. Beware of becoming bemused by the chatter of some 'professionals' who in some cases have been known to deliberately emphasise the difficulties before offering up their own trouble free one stop solution at a cost of hundreds or even thousands of pounds, equally beware of those who claim all you need is an owners manual and offer a 'one size fits all' as these is rarely the only or the most cost effective options and both may come back to haunt you, compliance is rarely that simple or that complicated , its normally a little time consuming and elaborate.
Is a Boat Safety Scheme Certificate sufficient?
If the certificate was correctly issued prior to 1st April 2005 then in general terms where the BSS regulations cover the same areas of the craft as the RCD then the requirements of the RCD were less stringent than those of the BSS. However with the new look BSS (post 1st April 2005) then many of the BSS requirements fall far below the statutory requirements of the RCD.
In addition BSS examiners and participating surveyors are not permitted to issue a BSS certificate to any craft which is not CE marked but which it is intended will become so in the future.
What standards can I use for my Narrowboat?
With a few exceptions any standard can be used to declare compliance with the Essential Requirements providing they suitably cover the requirements of directive. This would include where appropriate 'custom and practice' or a bespoke testing procedure providing there is sufficient documentation in builders technical file and the relevant Essential Requirements have been adequately satisfied.
There are specific ISO standards, which have been written for use with the RCD, these are known as 'Harmonised Standards' and full compliance with these standards assumes conformity with the directive.
Can I fit an old 'traditional' engine to my new narrowboat?
Very little of the RCD has been clarified by the courts, however current thinking on this matter is that any engine which was in existence within the EU before 1st January 2006 may be fitted into a new craft and need not comply with the emissions regulation concerned with particle emissions. The reasoning being that the new approach directives, which cover all CE marked products and of which the RCD is one, do not and must not apply to second hand goods except in the case of items imported into Europe.
Getting this wrong could result in a requirement to remove a non-compliant engine and its replacement with one which is complaint followed by an additional need for a post constructional assessment. This would be highly costly and as such professional advice from an RCD specialist should be sought before a non-compliant engine is selected for installation.
Do I have to CE mark my self build boat before I can take it into the waterways of mainland Europe?
No, it is not a legal requirement, but it can be a difficult task to convince the European customs officer of that fact!
Where Can I Get Help With the RCD?
The British Marine Federation and the Royal Yachting Association are both able to offer some limited and very general guidance on the Directive but it is unlikely to be a perfect match with the specifics of your boat.
You can seek help from a professional surveyor experienced in this field, but be sure that they have got the experience required to assist you in selecting the best compliance options to suit you and your boat rather than persuading you to adapt your boat the way of claiming compliance, which is the most cost effective to them.
Summary of the RCD
The following is a simple summary of the RCD and RCR, set out in a way to ease an understanding of the requirements, for the definitive text please download the official journals. [ Download 94/25/EC ] [ Download 2003/44/EC ]
What does the Recreational Craft Directive apply to?
The design and construction of:
• recreational craft and partly completed boats;
• personal watercraft; and
• components.
The exhaust [particle] emissions of:
• propulsion engines which are installed or specifically intended for installation on or in recreational craft and personal watercraft.
• propulsion engines installed on or in such craft that are subject to a major engine modification with regard to noise emissions, to -
The noise emission of:
• recreational craft with stern drive engines without integral exhausts or inboard propulsion engine installations;
• recreational craft with stern drive engines without integral exhausts or with inboard propulsion installations which are subject to a major craft conversion and subsequently placed on the Community market within five years following conversion
• personal watercraft
• outboard engines and stern drive engines with integral exhausts intended for installation on recreational craft.
The application of the RCD to any recreational craft or partly completed recreational craft shall not be prevented by the fact that the craft could be used for charter or for recreational boating training when it is placed on the market for recreational purposes.
It is not a compulsory requirement of the RCD that it is applied to products shown at any trade fair, exhibition, demonstration or the like provided that a visible sign clearly indicates that the product in question may not be placed on the market until it has been made to comply with them.
Products Excluded from the scope of the Recreational Craft Directive
Products are often referred to as being 'EXEMPT' from the RCD, however the RCD doesn't detail any Exemptions but only the following 'EXCLUSIONS':
• craft intended solely for racing, including rowing racing boats and training rowing boats, labelled as such by the manufacturer.
• canoes and kayaks, gondolas and pedalos.
• sailing surfboards.
• surfboards, including powered surfboards.
• original historical craft and individual replicas thereof designed before 1950, built predominantly with the original materials and labelled as such by the manufacturer.
• experimental craft, provided that they are not subsequently placed on the Community market.
• craft built for own use, provided that they are not subsequently placed on the Community market during a period of five years.
• craft specifically intended to be crewed and to carry passengers for commercial purposes regardless of the number of passengers.
• submersibles.
• air cushion vehicles.
• hydrofoils.
• external combustion steam powered craft, fuelled by coal, coke, wood, oil or gas.
• propulsion engines installed or specifically intended for installation on the following:
- craft intended solely for racing and labelled as such by the manufacturer
- experimental craft, provided that they are not subsequently placed on the Community market
- craft specifically intended to be crewed and to carry passengers for commercial purposes
- submersibles
- air cushion vehicles
- hydrofoils
• original and individual replicas of historical propulsion engines, which are based on a pre-1950 design, not produced in series and fitted on replica craft or craft built for own use.
• propulsion engines built for own use provided that they are not subsequently placed on the community market during a period of five years.
When does the Recreational Craft Directive apply?
Any craft or partly completed craft, personal watercraft or product detailed in the directive must comply with the requirements of the directive before it is " ...place[d] on the market." or put into service, unless the craft or item falls within the exclusions detailed in Article 1 Section 3 of the RCD.
Enforcement authorities
It is the duty of the following authorities to enforce the Recreational Craft Directive regulations in:
• Great Britain, weights and measures authorities; and
• Northern Ireland, every district council.
Offences and penalties
Any person found guilty of contravening the regulations is liable to either or both of the following:
• imprisonment for a term not exceeding 3 months
• to a fine not exceeding level 5 on the standard scale
Definitions of Boat Design Categories
'A' OCEAN: Designed for extended voyages where conditions may exceed wind force 8 (Beaufort scale) and significant wave heights of 4 m and above but excluding abnormal conditions, and vessels largely self-sufficient.
'B' OFFSHORE: Designed for offshore voyages where conditions up to, and including, wind force 8 and significant wave heights up to, and including, 4 m may be experienced.
'C' INSHORE: Designed for voyages in coastal waters, large bays, estuaries, lakes and rivers where conditions up to, and including, wind force 6 and significant wave heights up to, and including, 2 m may be experienced.
'D' SHELTERED WATERS: Designed for voyages on sheltered coastal waters, small bays, small lakes, rivers and canals when conditions up to, and including, wind force 4 and significant wave heights up to, and including, 0.3 m may be experienced, with occasional waves of 0.5 m maximum height, for example from passing vessels.
THE ESSENTIAL REQUIREMENTS
2. GENERAL REQUIREMENTS
2.1. Craft identification - Each craft shall be marked with an identification number including the following information:
• manufacturer's code;
• country of manufacture;
• unique serial number;
• year of production; and
• model year.
2.2. Builder's plate - Each craft shall carry a permanently affixed plate mounted separately from the boat hull identification number, containing the following information:
• manufacturer's name;
• CE marking;
• boat design category according to section 1;
• manufacturer's maximum recommended load excluding weight of the contents of the fixed tanks when full; and
• number of persons recommended by the manufacturer for which the boat was designed to carry when under way.
2.3. Protection from falling overboard and means of re-boarding - Depending on the design category, craft shall be designed to minimize the risks of falling overboard and to facilitate re-boarding.
2.4. Visibility from the main steering position - For motorboats, the main steering position shall give the operator, under normal conditions of use (speed and load), good all-round visibility.
2.5. Owner's manual - Each craft shall be provided with an owner's manual in the official Community language or languages, which may be determined by the Member State in which it is marketed in accordance with the Treaty. This manual should draw particular attention to risks of fire and flooding and shall contain the information listed in sections 2.2, 3.6 and 4 as well as the unladen weight of the craft in kilograms.
3. INTEGRITY AND STRUCTURAL REQUIREMENTS
3.1. Structure - The choice and combination of materials and its construction shall ensure that the craft is strong enough in all respects. Special attention shall be paid to the design category according to section 1, and the manufacturer's maximum recommended load in accordance with section 3.6.
3.2. Stability and freeboard - The craft shall have sufficient stability and freeboard considering its design category according to section 1 and the manufacturer's maximum recommended load according to section 3.6.
3.3. Buoyancy and flotation - The craft shall be constructed to ensure that it has buoyancy characteristics appropriate to its design category, and the manufacturer's maximum recommended load according to section 3.6. All habitable multi hull craft shall be so designed as to have sufficient buoyancy to remain afloat in the inverted position. Boats of less than six metres in length that are susceptible to swamping when used in their design category shall be provided with appropriate means of flotation in the swamped condition.
3.4. Openings in hull, deck and superstructure - Openings in hull, deck(s) and superstructure shall not impair the structural integrity of the craft or its watertight integrity when closed. Windows, port lights, doors and hatch covers shall withstand the water pressure likely to be encountered in their specific position, as well as point loads applied by the weight of persons moving on deck. Through hull fittings designed to allow water passage into the hull or out of the hull, below the waterline corresponding to the manufacturer's maximum recommended load according to section 3.6, shall be fitted with shutoff means, which shall be readily accessible.
3.5. Flooding - All craft shall be designed so as to minimize the risk of sinking. Particular attention should be paid where appropriate to:
• cockpits and wells, which should be self-draining or have other means of keeping water out of the boat;
• interior;
• ventilation fittings; and
• removal of water by pumps or other means.
3.6. Manufacturer's maximum recommended load - The manufacturer's maximum recommended load (fuel, water, provisions, miscellaneous equipment and people (in kg)) for which the boat was designed shall be determined according to the design category, stability and freeboard (section 3.2) and buoyancy and flotation (section 3.3).
3.7. Life raft stowage - All craft of categories A and B, and craft of categories C and D longer than six metres shall be provided with one or more stowage points for a life raft(s) large enough to hold the number of persons the boat was designed to carry as recommended by the manufacturer. This (these) stowage point(s) shall be readily accessible at all times.
3.8. Escape - All habitable multi hull craft over 12 metres long shall be provided with viable means of escape in the event of inversion. All habitable craft shall be provided with viable means of escape in the event of fire.
3.9. Anchoring, mooring and towing - All craft, taking into account their design category and their characteristics
shall be fitted with one or more strong points or other means capable of safely accepting anchoring, mooring and towing loads.
4. HANDLING CHARACTERISTICS
The manufacturer shall ensure that the handling characteristics of the craft are satisfactory with the most powerful engine for which the boat is designed and constructed. For all recreational marine engines, the maximum rated engine power shall be declared in the owner's manual in accordance with the harmonised standard.
5. INSTALLATION REQUIREMENTS
5.1. Engines and engine spaces
5.1.1. Inboard engine - All inboard mounted engines shall be placed within an enclosure separated from living quarters and installed so as to minimize the risk of fires or spread of fires as well as hazards from toxic fumes, heat, noise or vibrations in the living quarters.
Engine parts and accessories that require frequent inspection and/or servicing shall be readily accessible.
The insulating materials inside engine spaces shall be non-combustible.
5.1.2. Ventilation - The engine compartment shall be ventilated. The dangerous ingress of water into the engine compartment through all inlets must be prevented.
5.1.3. Exposed parts - Unless the engine is protected by a cover or its own enclosure, exposed moving or hot parts of the engine that could cause personal injury shall be effectively shielded.
5.1.4. Outboard engines starting - All boats with outboard engines shall have a device to prevent starting the engine in gear, except when the engine:
• produces less than 500 newtons (N) of static thrust; or
• has a throttle limiting device to limit thrust to 500 N at the time of starting the engine.
5.1.5. Personal watercraft running without driver - Personal watercraft shall be designed either with an automatic engine cut-off or with an automatic device to provide reduced speed, circular, forward movement when the driver dismounts deliberately or falls overboard.
5.2. Fuel system
5.2.1. General - The filling, storage, venting and fuel-supply arrangements and installations shall be designed and installed so as to minimize the risk of fire and explosion.
5.2.2. Fuel tanks - Fuel tanks, lines and hoses shall be secured and separated or protected from any source of significant heat. The material the tanks are made of and their method of construction shall be according to their capacity and the type of fuel.
All tank spaces shall be ventilated.
Petrol fuel shall be kept in tanks, which do not form part of the hull and are:
• insulated from the engine compartment and from all other source of ignition;
• separated from living quarters.
Diesel fuel may be kept in tanks that are integral with the hull.
5.3. Electrical system - Electrical systems shall be designed and installed so as to ensure proper operation of the craft under normal conditions of use and shall be such as to minimize risk of fire and electric shock.
Attention shall be paid to the provision of overload and short-circuit protection of all circuits, except engine starting circuits, supplied from batteries.
Ventilation shall be provided to prevent the accumulation of gases, which might be emitted from batteries. Batteries shall be firmly secured and protected from ingress of water.
5.4. Steering system
5.4.1. General - Steering systems shall be designed, constructed and installed in order to allow the transmission of steering loads under foreseeable operating conditions.
5.4.2. Emergency arrangements - Sailboat and single engine inboard powered motorboats with remote controlled rudder steering systems shall be provided with emergency means of steering the craft at reduced speed.
5.5. Gas system - Gas systems for domestic use shall be of the vapour withdrawal type and shall be designed and installed so as to avoid leaks and the risk of explosion and be capable of being tested for leaks. Materials and components shall be suitable for the specific gas used to withstand the stresses and exposures found in the marine environment.
Each appliance shall be equipped with a flame failure device effective on all burners. Each gas appliance must be supplied by a separate branch of the distribution system, and each appliance must be controlled by a separate closing device. Adequate ventilation must be provided to prevent hazards from leaks and products of combustion.
All craft with a permanently installed gas system shall be fitted with an enclosure to contain all gas cylinders. The enclosure shall be separated from the living quarters, accessible only from the outside and ventilated to the outside so that any escaping gas drains overboard. Any permanent gas system shall be tested after installation.
5.6. Fire protection
5.6.1. General - The type of equipment installed and the layout of the craft shall take account of the risk and spread of fire. Special attention shall be paid to the surroundings of open flame devices, hot areas or engines and auxiliary machines, oil and fuel overflows, uncovered oil and fuel pipes and avoiding electrical wiring above hot areas of machines.
5.6.2. Fire-fighting equipment - Craft shall be supplied with fire-fighting equipment appropriate to the fire hazard, or the position and capacity of fire fighting equipment appropriate to the fire hazard shall be indicated. The craft shall not be put into service until the appropriate fire fighting equipment is in place. Petrol engine enclosures shall be protected by a fire extinguishing system that avoids the need to open the enclosure in the event of fire. Where fitted, portable fire extinguishers shall be readily accessible and one shall be so positioned that it can easily be reached from the main steering position of the craft.
5.7. Navigation lights - Where navigation lights are fitted, they shall comply with the 1972 Colreg or CEVNI regulations, as appropriate.
5.8. Discharge prevention and installations facilitating the delivery ashore of waste Craft shall be constructed so as to prevent the accidental discharge of pollutants (oil, fuel, etc) overboard.
Craft fitted with toilets shall have either:
• holding tanks; or
• provision to fit holding tanks.
Craft with permanently installed holding tanks shall be fitted with a standard discharge connection to enable pipes of reception facilities to be connected with the craft discharge pipeline. In addition, any through-the-hull pipes for human waste shall be fitted with valves, which are capable of being secured in the closed position.
B. ESSENTIAL REQUIREMENTS FOR EXHAUST EMISSIONS FROM PROPULSION ENGINES
Propulsion engines shall comply with the following essential requirements for exhaust emissions.
1. ENGINE IDENTIFICATION
1.1. Each engine shall be clearly marked with the following information:
• engine manufacturer's trademark or trade-name;
• engine type, engine family, if applicable;
• a unique engine identification number;
• CE marking, if required under Article 10.[15].
1.2. These marks must be durable for the normal life of the engine and must be clearly legible and indelible. If labels or plates are used, they must be attached in such a manner that the fixing is durable for the normal life of the engine, and the labels/plates cannot be removed without destroying or defacing them.
1.3. These marks must be secured to an engine part necessary for normal engine operation and not normally requiring replacement during the engine life.
1.4. These marks must be located so as to be readily visible to the average person after the engine has been assembled with all the components necessary for engine operation.
2. EXHAUST EMISSION REQUIREMENTS Propulsion engines shall be designed, constructed and assembled so that when correctly installed and in normal use, emissions shall not exceed the limit values declared by the directive.
3. DURABILITY - The manufacturer of the engine shall supply engine installation and maintenance instructions, which if applied should mean that the engine in normal use will continue to comply with the above limits throughout the normal life of the engine and under normal conditions of use.
This information shall be obtained by the engine manufacturer by use of prior endurance testing, based on normal operating cycles, and by calculation of component fatigue so that the necessary maintenance instructions may be prepared by the manufacturer and issued with all new engines when first placed on the market.
The normal life of the engine is considered to mean:
• inboard or stern drive engines with or without integral exhaust: 480 hours or 10 years, whichever occurs first;
• personal watercraft engines: 350 hours or 5 years, whichever occurs first;
• outboard engines: 350 hours or 10 years, whichever occurs first.
4. OWNER'S MANUAL - Each engine shall be provided with an Owner's Manual in the Community language or languages, which may be determined by the Member State in which the engine is to be marketed. This manual shall:
• provide instructions for the installation and maintenance needed to assure the proper functioning of the engine to meet the requirements of paragraph 3, (Durability);
• specify the power of the engine when measured in accordance with the harmonised standard.
C. ESSENTIAL REQUIREMENTS FOR NOISE EMISSIONS
Recreational craft with inboard or stern drive engines without integral exhaust, personal watercraft and outboard engines and stern drive engines with integral exhaust shall comply with the following essential requirements for noise emissions.
1. NOISE EMISSION LEVELS
1.1. Recreational craft with inboard or stern drive engines without integral exhaust, personal watercraft and outboard engines and stern drive engines with integral exhaust shall be designed, constructed and assembled so that noise emissions measured in accordance with tests defined in the harmonised standard shall not exceed the limit values set by the directive.
1.2 As an alternative to sound measurement tests , recreational craft with inboard engine configuration or stern drive engine configuration, without integral exhaust, shall be deemed to comply with these noise requirements if
they have a Froude number of 1.1 and a power displacement ration of 40 and where the engine and exhaust system are installed in accordance with the engine manufacturer's specifications.
1.3 "Froude number" shall be calculated by dividing the maximum boat speed V (m/s.) by the square root of the waterline length lwl (m) multiplied by a given gravitational constant, (g = 9,8 m/s2).
"Power displacement ratio" shall be calculated by dividing the engine power P (kW) by the boat's displacement D.
1.4 As a further alternative to sound measurement tests , recreational craft with inboard or stern drive engine configurations without integral exhaust, shall be deemed to comply with these noise requirements if their key design parameters are the same as or compatible with those of a certified reference boat to tolerances specified in the harmonised standard.
1.5 "Certified reference boat" shall mean a specific combination of hull/inboard engine or stern drive engine without integral exhaust that has been found to comply with the noise emission requirements, when measured in accordance with section 1.1, and for which all appropriate key design parameters and sound level measurements have been included subsequently in the published list of certified reference boats.
2. OWNER'S MANUAL - For recreational craft with inboard engine or stern engines with or without integral exhaust and personal watercraft, the Owner's Manual required under Annex 1.A Section 2.5, shall include information necessary to maintain the craft and exhaust system in a condition that, insofar as is practicable, will ensure compliance with the specified noise limit values when in normal use.
For outboard engines, the Owner's Manual required under Annex 1.B.4 shall provide instructions necessary to maintain the outboard engine in a condition, that insofar as is practicable, will ensure compliance with the specified noise
limit values when in normal use.
Imported Craft & the Recreational Craft Directive 94/25/EC
The Recreational Craft Directive (RCD) 94/25/EC [ Download 94/25/EC ] applies not only to new pleasure craft but to ALL pleasure craft which are imported into EU countries from outside of the European Economic Area.
We are well placed to offer conformity assistance where a specialist or unusual craft is being imported or where a large number of similar craft are to be brought in by one importer. We have also often assisted clients who have unwittingly purchased a craft, which is found not to have been appropriately declared as compliant with the RCD.
Conversely it is rarely cost effective for us to assist private individuals who are seeking to save a little money by buying and importing a single craft for their own use, these craft are frequently termed 'Grey Imports'.
Where imported craft have a purchase price equivalent to less than £20,000 - £25,000 sterling, it is rarely cost effective to involve us as possible savings can be matched or exceeded by a combination of import tax and the fees we would need to charge to supervise and manage the CE marking process.
Offences and penalties
Any person found guilty of contravening the regulations, including not declaring conformity on a Grey Import, could be liable to either or both of the following:
• imprisonment for a term not exceeding 3 months
• to a fine not exceeding level 5 on the standard scale,
If a craft which should have been CE marked, but has not been for whatever reason will fall under a requirement of the directive amendment [ Download 2003/44/EC ] that 'Module G' is applied for the conformity process. This entails the mandatory involvement of a notified body whose charges would be in addition to ours and the craft's builder's plate would have to be marked to indicate that a 'Post Constructional Assessment' had been required.
Glossary of RCD terms
The Directive uses many terms, which are official and bureaucratic jargon, this can make what is a relatively simple directive rather baffling and heavy going to the reader. Below is a short list of terms as defined by the recreational craft regulations.
the 1987 Act - the Consumer Protection Act 1987.
authorised representative - any person established in the Community who has received a written mandate from the manufacturer to act on his behalf with regard to the latter's obligation under the directive.
CE marking - the CE conformity marking referred to in regulation 8 consisting of the initials "CE"
the Directive - Directive 94/25/EC [ Download 94/25/EC ] of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the member States relating to recreational craft.
the Commission - the Commission of the European Communities
component - any one of the components referred to in Schedule 2 of the directive, when placed on the community market and when intended for installation in recreational craft
enforcement authority - in Great Britain, weights and measures authorities and in Northern Ireland, every district council.
engine family - the manufacturer's grouping of engines which, through their design, are expected to have similar exhaust emission characteristics and which comply with the exhaust emissions requirements of the Directive;
essential requirements - the requirements in Annex 1 of the directive
harmonised standard - a technical specification adopted by the European Committee for Standardisation or the European Committee for Electro technical Standardisation or both upon a remit from the Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services [ Link to Harmonised Standards ]
major craft conversion - a conversion of a craft which: (a) changes the means of propulsion of the craft; (b) involves a major engine modification; or (c) alters the craft to such an extent that it is considered a new craft.
major engine modification - means the modification of an engine which: (a) could potentially cause the engine to exceed the emission limits set out in Annex I.B., which is set out in Schedule 1, excluding routine replacement of engine components that do not alter the emission characteristics; or (b) increases the rated power of the engine by more than 15%;
manufacturer -any person who designs and manufactures a product or who has such a product designed and/or manufactured with a view to placing it on the market on his own behalf, and in respect of a product which requires a declaration specified in Annex III, which is set out in Schedule 3, shall include the builder of that product.
means of propulsion - means the mechanical method by which the craft is driven, in particular marine propellers or waterjet mechanical drive systems;
notified body - defined under regulation 11 of the directive
personal watercraft - a vessel less than 4 metres in length which uses an internal combustion 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. (Often referred to as 'PWC' or 'Jet ski'.)
placing on the market - includes (except for the purposes of the definition of component, regulations 3(1)(c)(ii), 3(2), 4(a)(vi) and (vii), 4(b)(i)(bb), 4(b)(iii), 4(c)(ii), 7(2)(b)(i) (second reference only), 7(2)(c), 7(3)(b) and 16(2)) putting into service, and cognate expressions shall be construed accordingly;
product - any product described in regulation 3(1) of the directive.
propulsion engine - means any spark or compression ignition, internal combustion engine used for propulsion purposes, including 2-stroke and 4-stroke inboard, stern-drive with or without integral exhaust and outboard engines.
recreational craft - means any boat of any type regardless of its means of propulsion - (a) whose hull, when measured in accordance with the appropriate harmonised standards, is not less than 2.5 metres and not more than 24 metres in length; and (b) which is intended for sports or leisure purposes;
and partly completed recreational craft or partly completed boat , as the case may be, shall be construed accordingly;
transposed harmonised standard - a standard the reference number of which is published - (a) in the United Kingdom, by the Secretary of State in such manner as she considers appropriate; or (b) in another member State of the Community, and which corresponds to a harmonised standard the reference number of which is published in the Official Journal of the European Communities.
EEA - in the European Economic Area;
EEA State - a State, which is a Contracting Party to the EEA Agreement.
EEA Agreement - means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.