Notes for guidance on buying or importing new or second hand craft
RECREATIONAL CRAFT REGULATIONS 2004
This page provides information about aspects of the Regulations. It is intended as general guidance and not as an exhaustive explanation of the Regulations. It has no legal force and is not an authoritative interpretation of the Regulations which is a matter for the courts. The Department for Business, Enterprise and Regulatory Reform accepts no liability for loss occasioned by reliance on this page, which is not a substitute for the Regulations. You should refer to the text of the Regulations for a full statement of legal requirements and obligations and, where appropriate, you should seek your own legal advice.
Buying or importing new or second hand craft
Recreational craft may only be placed on the European Economic Area (EEA) market or put into service within the EEA after 1 January 2005 if the essential safety requirements set out in the Recreational Craft Regulations 2004 (as amended) (RCR) are fulfilled. Regulation 6 of the RCR sets out provisions relating to transitional exclusions. The Recreational Craft Regulations 1996 apply to any product (as defined in those Regulations) which is placed on the market prior to 1 January 2005.
These RCR apply to all recreational craft between 2.5 and 24 metres in hull length, whatever the means of propulsion, which are intended for sports or leisure purposes. Such craft may be fully built or partly completed, or constructed within or imported from outside the EEA. The builder, importer, owner or the person placing the craft on the market and/or putting it into service within the EEA has a legal obligation to ensure that the craft meets the relevant RCR requirements and that the appropriate conformity assessment for CE marking the craft has been carried out.
Any boat which has already been placed on the market in the EEA and which is converted from its original purpose (i.e. racing boat, fishing boat, experimental craft etc.) into recreational craft will also need to comply with the applicable RCR requirements. The same applies to boats 'built for own use' that are placed on the market within five years.
The requirements of the Regulations do not apply to the following:
Boats already in the EEA: Boats placed on the market prior to 1 January 2005 do not fall within the ambit of the RCR but may be subject to the Recreational Craft Regulations 1996.
Boats returning to the EEA: Where a boat had been constructed, placed on the market or put into service in an EEA Member State prior to the full application of the RCR, then the requirements of the RCR will not apply if the boat is brought back into the EEA after 1 January 2005. It is therefore important to determine not where the boat was on 1 January 2005 but rather prior to this date. Here the 'EEA' is considered to include not only 'EEA' States but also their overseas territories and dependencies as listed in Article 229 of the EC Treaty. A list of these territories is found at Annex I.
The RCR provide an option for new or second hand boats which do not yet comply with the requirements of the RCR to be assessed through regulation 10 which provides for a post construction assessment to be carried out. This is done by a notified body which examines the product and performs calculations and other assessments to ensure the equivalent conformity of the craft with the relevant requirements of the RCR.
Procedures for Post Construction Assessment (PCA)
PCA is required when neither the manufacturer nor his authorised representative established within the Community has fulfilled the legal obligations for the product's conformity with the RCR. These obligations can then be assumed by any natural or legal person established within the EEA who places the product on the market, and/or puts it into service under his own responsibility.
'Post-Construction Assessment' refers to the conformity assessment procedure that is required for a boat that was completed and has been used prior to the assessment being carried out. Examples of such cases include craft 'built for own use' that are placed on the market within a period of 5 years, or a new or used boat from a third country being imported and placed on the EEA market for the first time. PCA also applies to boats manufactured in the EEA for export outside the EEA (that have not been subject to conformity assessment and CE-marking) which afterwards return to the EEA as second-hand boats.
In such cases, the person who places the craft on the market or puts it into service must apply to a notified body to conduct the assessment by examining the individual craft and its documentation in accordance with Article 10(6) of the RCR. The person who places the product on the market and/or puts it into service must provide the notified body with any available document and technical file referring to the first placing on the market of the product in the country of origin. The notified body examines the individual product and carries out calculations and other assessment to ensure its equivalent conformity with the relevant requirements of the RCR. The notified body then draw ups a report of conformity and informs the person placing the product on the market and/or putting it into service of his obligations. The latter must draw up a written Declaration of Conformity in accordance with Schedule 14 of the RCR and affix, or cause to be affixed, the CE mark accompanied by the distinguishing number of the relevant notified body on the builder's plate which must also include on it the words 'Post-construction certificate'.
A list of notified bodies appointed by EU Member States (PDF, 110 kB), including the United Kingdom, is available at the European Commission's website.
Recreational Craft Regulations 2004
Annex I
EEA States, Territories and Dependencies
EEA
The European Economic Area (EEA) includes all European Union (EU) countries plus Iceland, Norway and Liechtenstein.
EU
Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, The Netherlands, United Kingdom.
EU Overseas Countries and Territories
Anguilla, Aruba, Azores, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Canary Islands, Cayman Islands, Falkland Islands, French Overseas Departments, French Polynesia, French Southern and Antarctic Territories, Greenland, Madeira, Montserrat, Mayotte, Netherlands Antilles (-Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten), New Caledonia and Dependencies, Pitcairn, Saint Helena and dependencies, Saint Pierre and Miquelon, South Georgia and South Sandwich Islands, Turks and Caicos Islands, Wallis and Futuna Islands.
The Channel Islands, Isle of Man and Hong Kong are not within the EEA.
Return to our Recreational Craft page.