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Recreational Craft (RC) Directives 94/25/EC and 2003/44/EC

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 for ease of use at

http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/consleg/1994/L/01994L0025-20031120-en.pdf

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 (e.g. jet skis)
• 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 and 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 thereby allowing the appointment of Notified Bodies.

Copies of all three documents are available in hard copy from The Stationery Office (for SI 1996/1353: quote: ISBN 0-11-054751-9, for SI2004/1464: quote: ISBN 0 11 049361 3 and for SI 2004/3201: quote: ISBN 0 11 050796 7)

Current Position

The main provisions of the Recreational Craft Regulations 2004 (as amended) took effect on 1 January 2005 with the revocation of the Recreational Craft Regulations 1996. However, it is important to note that there were various “transitional periods” to allow industry and others time to adapt to the new legislation.

These “transition periods” are now over and from 1 January 2007 the Recreational Craft Regulations 2004 (as amended) have become mandatory and fully apply to all products covered by the Regulations.

Future Work

On 15 June 2007 the European Commission submitted a report of the its findings to the Council and European Parliament on the possibilities of further improving the environmental characteristics of engines while also considering some other aspects of the Directive including the need to revise the boat design categories. The Report concluded that there was not enough evidence at this stage to proceed with a proposal for amendments to limit further the exhaust emissions from recreational craft. Instead it proposed to continue with its impact assessment for more conclusive results. This Report is yet to be discussed in Council and the European Parliament.

Guidance / 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 entitled 'Recreational Craft Directive and Comments to the Directive Combined' which is available from the Commission's website
• Guidance on the application of the Amending Recreational Craft Directive 2003/44/EC entitled "Directive 2003/44/EC Amending the Recreational Craft Directive and Comments to the Directive Combined" is now available for downloading from the Commission's website.
• A comprehensive Guidance booklet covering the Regulations in its consolidated form is available from the link on the right.
• All recreational craft, personal watercraft, components and propulsion engines placed on the market in the EU/EEA must have a Declaration of Conformity. To facilitate the task of boat builders and engine manufacturers, the Administrative Co-ordination Working Group (ADCO) of Market Surveillance Authorities in the EU/EEA has produced harmonised formats for the Declaration of Conformity and Instructions on how to complete them. These are available for downloading from the right.
• Under the Recreational Craft Regulations 2004 (as amended), Notified Bodies may be appointed 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 2003/44/EC amending Directive 94/25/EC. A comprehensive Guidance booklet for organisations seeking Notified Body status is available together with a list of UK Notified Bodies from the right.
• A list of EU Notified Bodies appointed under the Recreational Craft Directive 2003/44/EC amending Directive 94/25/EC is also available from the Commission’s website.

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

Contact

Neeroo Girdharee, Department for Business, Enterprise & Regulatory Reform, Bay 384, 1 Victoria Street, London SW1H 0ET, Tel: 020 7215 1411; Fax: 020 7215 1340 .