Recreational Craft Directive Revision

The revision of the RCD has been under discussion since 2008 with interested parties representing Member States authorities, industry stakeholders, consumer associations, standards organisations and representatives of conformity assessment bodies.

The main areas of interest are in exhaust emissions, alignment with the New Legislative Framework and clarification of economic operators including private importers as well as the obligations on Notified Bodies and of national enforcement authorities. Additional clarifications were sought for some definitions and essential requirements.

RCD Revision Progress as of Jan 2013 

Overview

• The Commission adopted its proposal the 26th July 2011
• Negotiations in the Council started in Autumn 2011
• Negotiations in the European Parliament started in Spring 2012

State of play – Council

• The proposal was discussed at 9 Technical Harmonization Working Parties between September 2011 and January 2013
• One reading of the full proposal has been completed and the second reading started to find a compromise in controversial issues
• IE presidency intends to organize 2 more Technical Harmonization Working Parties 

State of play - European Parliament

• Discussions in committees (IMCO, TRAN, and ENVI) carried out during Spring 2012
• Leading committee IMCO adopted its report in June 2012
• The report was not submitted for adoption by the EP plenary session yet as the rapporteur Mr Malcolm Harbour is waiting for the progress of negotiations in the Council

Other

• Trialogue discussion between Council Presidency, The EP Rapporteur and the Commission services took place at the end of 2012
• Both, the Council as well as the EP declare the will to overcome controversial issues as quickly as possible and to adopt the proposal in the first reading
•  Foreseen adoption is mid 2013
• Date of application would be mid 2015

The main changes are summarised as follows:

• Manufacturers shall take “changes in harmonised standards” adequately into account.
• “Importers” are obliged to ensure only compliant products are placed on the market and to ensure the appropriate conformity assessment procedure has been carried out.
• “Private importer” defined as importing a product with the intention of putting it into service for his own use.
• “Distributors” and “Importers” have obligations to inform both manufacturer and market surveillance authorities of any product that presents a safety risk.
• A legal requirement to only make available or put into service those products that do not endanger the safety and health of persons, property or the environment and on the condition that they meet the applicable essential requirements. The obligation now lays with member states to ensure products comply.
• Engines shall be CE marked.
• DIY craft placed on the market before the end of the 5 year period  shall apply the Post Constructional assessment procedure prior to putting on the market.

Modules aligned with New Legal Framework that will be subject to supplementary requirements:

• Additional module A1 for craft in Category C from 12-24 m hull length (internal production control plus supervised tests).
• For components additional conformity module B+E.
• “Builder’s plate ER 2.3” may now show registered trademark or trade name in addition to manufacturer’s name.
• “Buoyancy and flotation ER 3.3” Habitable multihull craft shall be so designed that it is either not susceptible to inversion or has sufficient buoyancy to remain afloat in the inverted position.
• “Escape ER 3.8” All habitable multihull craft that are susceptible to inversion when used in their design category shall be provided with viable means of escape.
• “Discharge prevention and installations facilitating the delivery ashore of waste ER 5.8” Craft fitted with toilets shall have holding tanks, or water treatment systems.
• “Partly completed craft” Annex IIIa declaration. Added requirement to “include references to the relevant harmonised standards used, or references to the specifications in relation to which compliance is declared at this stage of construction; furthermore, it is intended to be completed by other legal or natural persons in full compliance with the Directive”.
• “EU Declaration of Conformity” was Annex XV now Annex IV, added requirement for “Object of the declaration” identification of the product allowing traceability.
• “Post-Construction Assessment” New module for PCA for equivalent conformity assessment when neither the manufacturer nor his authorised representative has assumed the responsibility for the product’s conformity. Applies to private imports, major modification or change of intended use to bring craft within scope of the Directive.
• “Formal non-compliance” can be an incorrectly completed Declaration of Conformity, violation of CE marking requirements, incomplete technical documentation; may result in recall or prohibition of use.

It is anticipated that the Directive will come into force in approximately 2016 following a transition period to allow industry to adjust to the new provisions.

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