Recreational crafts as defined in EU directive (legislation) 94/25/EC (and amendments) and as described below are subject to CE marking. A A
1) The boat was made prior to 1994, the directive is in force since 1994 - is it applicable?
Yes. A The boat was originally made prior to 1994, which means that it was on the market outside the EU before the EU directive went into force. A If the boat had been on the market in the EU, the manufacturer could have avoided CE marking but since the boats are coming into the EU, they will be subject to CE marking, in accordance with the guidance published on the subject http://ec.europa.eu/
"... the Directive only covers new products manufactured in the EEA and all products imported from a third
country aˆ“ whether new or used." (EEA means "european economic area")."
2) Where do I find information about the recreational craft directive?
The website for more information about CE marking (and what it means) is http://ec.europa.eu/
|Directive 94/25/EC of the European Parliament and the Council of 16 June 1994 on the approximation of laws, regulations and administrative provisions relating to Recreational Craft is a directive based on the New Approach & Global Approach, and sets essential requirements for the design and construction of recreational craft.A Recreational craft are defined as "any craft intended for sport or leisure purposes, regardless of the type or the means of propulsion, with a hull length of 2.5 to 24 meters, measured according to the appropriate harmonized standards'.A The Directive applies to pleasure craft, partially completed boats and loose and assembled components.
The Directive entered into application as from 16 June 1996 and became fully applicable as from 16 June 1998.A As from this date, manufacturers and importers may no longer place pleasure craft and components on the market which do not comply with the essential requirements of the Directive. In addition to these technical requirements, the Directive imposes the manufacturer to keep a technical file of all relevant data, to officiallyA state the conformity of his product in a Declaration of Conformity, to affix the CE Marking on it and to inform the users about its safe use and maintenance through a builder's plate and an owner's manual.
Please note that the original directive was amended in 2003 (directive 2003/44/EC). A
3) Is my boat really covered? A What are the exclusions?
Assuming the boats described in the email below are for "leisure" and "sports", step #1 is to ask the manufacturer to check whether the boat fits one of the descriptions for exclusion: A
"The following shall be excluded from the scope of this Directive:
(a) with regard to paragraph 1(a):
(i) craft intended solely for racing, including rowing racing boats and training rowing boats, labelled as such by the manufacturer;
(ii) canoes and kayaks, gondolas and pedalos;
(iii) sailing surfboards;
(iv) surfboards, including powered surfboards;
(v) original historical craft and individual replicas thereof designed before 1950, built predominantly with the original materials and labelled as such by the manufacturer;
(vi) experimental craft, provided that they are not subsequently placed on the Community market;
(vii) craft built for own use, provided that they are not subsequently placed on the Community market during a period of five years;
(viii) craft specifically intended to be crewed and to carry passengers for commercial purposes, without prejudice to paragraph 3(a), in particular those defined in Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels(12), regardless of the number of passengers;
(x) air cushion vehicles;
(xii) External combustion steam powered craft, fuelled by coal, coke, wood, oil or gas;"
If the answer is negative (does not fit exclusion), then it is a matter of starting the conformity assessment process which fits the boat's description. A Since the boat's primary boating area is ocean, it would be considered category A (ocean) and B (offshore) which means that an accredited test laboratory, known as "notified body" will be involved to some extent for testing. A A You will find the details in Annex V and VI of the directive. A
4) What is the best way to go about conformity assessment if I have already boat my boat?
It might be a good idea to work out a deal with the importer/buyer prior to shipping so that the responsibility of CE marking is transferred from the seller (manufacturer) to the "authorized representative" because it is an option available to the manufacturer:
Extract from Annex V:
"The manufacturer or his authorized representative established within the Community, who carries out the obligations laid down in point 2, ensures and declares that the products concerned satisfy the requirements of the Directive that apply to them. The manufacturer or his authorized representative established within the Community shall affix the CE marking to each product and draw up a written declaration of conformity (see Annex XV).
2. The manufacturer shall establish the technical documentation described in paragraph 3 and he or his authorized representative established within the Community shall keep it for a period ending at least 10 years after the last product has been manufactured at the disposal of the relevant national authorities for inspection purposes.
Where neither the manufacturer nor his authorized representative is established within the Community, the obligation to keep the technical documentation available shall be the responsibility of the person who places the product on the Community market."
5) Where to find standards, notified bodies?
Use of standards gives presumption of conformity to the essential requirements - http://ec.europa.eu/
List of notified bodies (accredited test laboratories based in the European Union) - http://ec.europa.eu/
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