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
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
- The Commission adopted its proposal the
26th July 2011
- Negotiations in the Council started in
- 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
- 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
- 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
- Trialogue discussion between Council Presidency, The EP
Rapporteur and the Commission services took place at the end of
- 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
- “Private importer” defined as importing a
product with the intention of putting it into service for his own
- “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
- For components additional conformity module
- “Builder’s plate ER 2.3” may now show
registered trademark or trade name in addition to manufacturer’s
- “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
- “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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