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Recreational Craft Directives 94/25/EC and 2003/44/EC

The Recreational Craft Directives 94/25/EC and 2003/44/EC, which is implemented into UK law by the Recreational Craft Regulations 2004 (SI No. 2004/1464), apply to recreational craft and are intended to ensure the free movement of goods on the EEA market.

Subject area

The two Directives, 94/25/EC (the “old RCD”) and 2003/44/EC (the “New RCD”) remain as separate documents. However a consolidated version is available from the European Commission website at Recreational Craft Directive

Directive 94/25/EC applies to recreational craft measuring between 2.5 and 24 metres hull length, regardless of the means of propulsion, and intended for sport and leisure purposes. This includes:

  • partly completed recreational craft and
  • specific components i.e. engine ignition systems, steering systems, fuel systems, etc as referred to in Annex II of the Directive
  • Exclusions include canoes, surfboards, craft specifically intended to be crewed and to carry passengers for commercial purposes, hydrofoils etc

Directive 2003/44/EC extended the scope of the original Directive in terms of Design and Construction by:

  • including personal watercraft
  • amending some of the essential requirements (e.g. modification of Design category D)
  • introducing limits for exhaust emissions from propulsion engines intended for use in recreational craft
  • Introducing limits for noise emissions from recreational craft

Intention of legislation

To remove barriers to trade and ensure open means of access by Member States to Community markets.

Brief history

Directive 94/24/EC was adopted by the European Parliament on 16 June 1994 and was transposed into UK Law by the Recreational Craft Regulations 1996 (SI 1996/1353) (as amended) which came into force on 16 June 1996. The Regulations had a transition period until 16 June 1998 when they became mandatory. The Amending Directive 2003/44/EC was adopted on 16 June 2003. The Recreational Craft Regulations 2004 (SI 2004/1464) and The Recreational Craft (Amendment) Regulations 2004 (SI 2004/3201) (as amended) were created to cover all aspects of Directive 2003/44/EC as well as 94/25/EC in a consolidated form and came into force on 30 June 2004, which allowed the appointment in the UK of Notified Bodies.

Copies of all three documents are available to download from the OPSI website at: http://www.opsi.gov.uk/legislation/about_legislation

Current position

The Recreational Craft Directives (RCD) are currently subject to a review to bring them in line with the New Legislation Framework. It was also felt that some changes were necessary to the current RCD in order to clarify some issues and make other requirements clearer.

Future work

It is likely that a revision of the RCD will be recommended by the European Commission. During 2010 Member States will have further oppertunities to comment on a draft proposal for revision. The Commission is working with EU Member States, EEA countries and industry groups to produce a draft revision of the Directives (which will become one Directive). BIS will consult with those likely to be affected by the changes and will feed comments, where appropriate, to the Commision.

Assuming the draft new Directive is formally accepted by the European Parliament and Council, following a likely two year year scrutiny period, it is possible that the new Directive will come into force in 2013/14. Member States wil then have two years in which to transpose the Directive into national laws.     

Guidance and further information

  • Notes for guidance on buying or importing new or second hand craft
  • Open letter to interested parties - Recreational Craft Regulations - Manufacturers Identity Codes - June 2006, available from the link on the right.
  • The Commission has issued guidance on the application of Directive 94/25/EC and the amending Directive 2003/44/EC at RCD Application Guide
  • A comprehensive Guidance booklet covering the Regulations in its consolidated form is available from the link listed below.
  • All recreational craft, components and propulsion engines placed on the market in the EU/EEA must have a Declaration of Conformity (DoC). To make it easier for boat builders and engine manufacturers, the RCD Administrative Co-ordination Working Group of Market Surveillance Authorities and some industry representatives in the EU/EEA has produced harmonised formats for the DoC and guidance on how to complete them. These are available for downloading from the links listed beow.
  • Under the Recreational Craft Regulations 2004 (as amended), Notified Bodies (NBs) are appointed by BIS to carry out various testing and certification functions. These procedures are necessary to demonstrate conformity with the essential safety requirements of the Recreational Craft Directive. A comprehensive Guidance booklet for organisations seeking Notified Body status is available together with a list of UK NBs from the links listed below.
  • A list of EU NBs appointed under the Recreational Craft Directive can be found on the NANDO website at http://ec.europa.eu/enterprise/newapproach/nando

Further information, including lists of harmonised standards as published periodically in the Official Journal of the European Communities is available from the Commission's website at:

http://ec.europa.eu/enterprise/sectors/maritime/index_en.htm

Contact

Kevin Lane, Department for Business, Innovation & Skills, Bay 1105, 1 Victoria Street, London SW1H 0ET, Tel: 020 7215 1774; Fax: 020 7215 3013; Email: Kevin.Lane@bis.gsi.gov.uk