Recreational Craft Directive

Directive 94/25/EC on recreational craft,^[1] as amended by Directive 2003/44/EC, is a European Union directive which sets out minimum technical, safety and environmental standards for the trade of boats, personal watercraft, marine engines and components in Europe. It covers boats between 2.5 and 24m, personal watercraft, engines and a number of components. It ensures their suitability for sale and use in Europe.

History

Directive 94/25/EC was the first piece of harmonized legislation in the EU to regulate the boating industry throughout Europe. It was brought in to harmonise the safety requirements related to the design and construction of boats across Europe. The Directive allowed for the creation and emergence of a single market for boats, personal watercraft, marine engines and components in the EU.

The Directive was revised in 2003 with the adoption of Directive 2003/44/EC. This amending directive brought personal watercraft within the scope of the Directive, as well as introducing new requirements for noise and low limits for exhaust emissions for marine engines.

Directive 94/25/EC on recreational craft, as amended by 2003/44/EC, is currently being revised by the EU institutions. The European Commission’s proposal will bring the Directive into line with the New Legalislative Framework,^[2] as well as bringing in stricter exhaust emissions limits and clarifying the concept of private importer. The proposal was published by the European Commission in July 2011^[3] and is currently under discussion in the European Parliament and Council of the European Union under the ordinary legislative procedure. The proposal is likely to be adopted in the course of 2013.

Content

Directive 94/25/EC, as amended by 2003/44/EC, applies to new and second hand recreational craft from 2.5m to 24m in length, personal watercraft, marine propulsion engines and components placed on the market for the first time after 1998. Products excluded from the scope of the Directive include: canoes, kayaks, gondolas, pedalos, sailing surfboards, surfboards, racing boats, historical craft, craft built for own use provided that they are not subsequently placed on the market during a period of five years, commercial vessels carrying passengers (covered by separate legislation), submersibles, air cushion vehicles, hydrofoils, and external combustion steam powered craft.

Products falling within the scope of the Directive must comply with the essential requirements set out in the Annex I. These include requirements for the design and construction of crafts such as boat design categories, craft identification, the owner’s manual, as well as integrity, structural and installation requirements. Other requirements apply to the exhaust and noise emissions from propulsion engines. To comply with the essential requirements, over 60 EN-ISO harmonised standards were developed, which provide guidelines to meet the essential requirements. Using the EN-ISO harmonised standards is voluntary and provides presumption of conformity with the Directive’s requirements. However, manufacturers may choose alternative solutions to comply with the essential requirements.

Harmonised standards for Directive 94/25/EC are developed at international level by the International Organization for Standardization in the ISO Technical Committee 188.

Products which fulfill the Directive’s essential requirements must bear the CE marking of conformity. The CE marking must appear in a visible, legible and indelible form on the product or, in the case of small components, its packaging. Where relevant, it should be accompanied by the identification number of the Notified body that carried out the conformity assessment procedures.

In addition to the CE marking, the recreational craft must be accompanied by the following documentations and markings: the boat builder’s plate; craft and engine identification number; owner’s manual; and a written declaration of conformity. These items are necessary for the product to be considered as compliant with the requirements of the Directive.

Notified bodies are appointed at the national level by EU Member States to carry out conformity assessments on boats and engines according to the requirements of the Directive. In order to assist in the uniform interpretation and application of the Directive, the Recreational Craft Sectoral Group was established in 1995.

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References

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