Recreational Craft Directive (RCD) 

If you are buying a boat you will need to establish whether or not it should be RCD compliant. This is especially important if it does not have a builder’s plate/CE marking.

All recreational craft built since 16 June 1998 and intended for sport and leisure use, may only be placed on the European Economic Area (EEA) market or put into service within the EEA if they meet the Essential Requirements of the Recreational Craft Directive (RCD) 94/25/EC as amended by Directive 2003/44/EC unless they are exempted.

About the RCD

The RCD is intended to harmonise construction standards for recreational craft, as well as regulate exhaust and noise emissions of certain types of engine-propelled recreational craft. The presence of a CE mark is an indication that the craft conforms to the Essential Requirements and allows it to be sold anywhere in the EEA as well as in Turkey. It also applies to a product manufactured in a third country, which must comply unless it is only visiting for tourism or is in transit.

The scope of the Directive applies to the design and manufacture of recreational craft between 2.5 and 24 metres in hull length whatever the means of propulsion; it does not cover operation. All boats within the scope of the Directive must be given a design category which determines how the craft is assessed for compliance with the Directive. Boats may be fully built or partly completed, constructed within, or imported from without the EEA. The builder, importer or owner, or the person putting the craft into service in the EEA (the responsible person) has a legal obligation to:

• ensure that the craft conforms to the relevant Essential Requirements of the RCD;
• draw up a certificate of conformity relating to the assessment tests carried out;
• affix a CE marking to the craft once the assessment is complete.

The CE marking is included on a Builder’s Plate which must be affixed to all RCD compliant craft. It includes the Manufacturer’s name, CE marking itself, the boat’s design category, the manufacturer’s maximum recommended load and the number people the boat was designed to carry when under way. The builder’s plate will also include the words “(Post-construction certificate)” if the boat has been certified as RCD compliant by a post construction assessment (see below). The CE marking must be in a ‘visible, legible and indelible form’.

In addition, all RCD compliant boats are also marked with a Craft Identification Number (CIN, formerly a Hull Identification number (HIN)) which provides the manufacturer's code,  country of manufacture,  unique serial number, year of production and model year.

Compliance and Exemptions

When buying a boat you should establish whether or not the boat needs to comply with the RCD. A craft needs to comply with the RCD if:

• it was/is first placed on the EEA market after 16 June 1998; or
• it was/is put into service in the EEA after 16 June 1998 (whether manufactured in the EEA or  imported from outside the EEA); or
• it is a home built boat placed on the market within five years of completion; or
• it is an experimental or racing boat being redesigned for compliance with the RCD.

A boat does not need to comply with the RCD if:

• it was built in the EEA prior to 16 June 1998; or
• it was in use in the EEA prior to 16 June 1998; or 
• it is only visiting the EEA for reasons of tourism or in transit (time scales are undefined); or
• it is one of the exemptions listed below.

A craft is exempted from the RCD if is one of the following:

• craft intended solely for racing, including rowing racing boats and training rowing boats labelled as such by the manufacturer; or
• canoe and kayak, gondola or pedalo; or
• sailing surfboard; or
• powered surfboard or other similar powered craft (see notes) ; or
• original, and individual replica of a historical craft designed before 1950, built predominantly with the original materials and labelled as such by the manufacturer; or
• experimental craft, provided it is not subsequently placed on the Community market; or
• craft built for own use, provided it is not subsequently placed on the Community market during a period of five years; or
• craft specifically intended to be crewed and to carry passengers for commercial purposes, regardless of the number of passengers (see notes); or
• submersible; or
• air cushion vehicle; or
• hydrofoil.

All RCD compliant craft must be supplied with an owner’s manual in hard copy when they are first put into service. The Owner’s Manual draws particular attention to risks of fire and flooding and contains the information given on the builder’s plate, the manufacturer’s maximum recommended load and the maximum rated engine power for which the boat is designed and constructed. The certificate of conformity relating to the RCD assessment must be included with the owner’s manual.

Post construction assessment

A boat which is not exempt from the RCD, but which is not CE marked for whatever reason – such as a boat which was manufactured outside the EEA which is being imported into the EEA (which is not only visiting the EEA for reasons of tourism or in transit) – will need a post construction assessment (which may result in significant modifications) in order for the boat to be certified RCD compliant.

If you are buying a boat which does not have a builder’s plate/CE marking you will need to establish whether or not it should be RCD compliant. If it should be RCD compliant then you will need a Post Construction Assessment. If it is exempt from the RCD then you should get documentary evidence to prove this in case you are asked for such proof at a later date.  

A post construction assessment can be arranged through a Notified Body. Details of Notified Bodies are listed on the EU Commission website. Although a new Recreation Craft Directive was agreed in 2013, at present the Directive 94/25/EC Recreational Craft remains in force and it is this legislation you should select when using the search on the EU Commission website.  

Notes:

The European Economic Area (EEA) allows the EEA EFTA States (Norway, Iceland and Liechtenstein) to participate in the Internal Market on the basis of their application of Internal Market relevant acquis.

The exclusion for powered surfboards or similar powered craft does not exclude Personal Water Craft /Jet skis which became subject to the RDC as from 1 January 2006.

Recreational craft which are crewed and are used for sports and/or leisure purposes must be compliant with the Directive and do not fall within the exemption for 'Craft specifically intended to be crewed and to carry passengers for commercial purposes, regardless of the number of passengers'.