The Recreational Craft Directive and CE marking

• A professional boat builder
• Buying a new fully fitted boat
• Building or fitting out your own boat
• Buying a pre-owned boat
• Selling a boat

What is the Recreational Craft Directive (RCD)?

The RCD is legislation which requires that new boats meet standards in certain major areas such as construction and stability. It also requires that important systems such as for fuel, LPG and electrics are installed to an appropriate standard.

There are four design categories which indicate a vessel’s capabilities. Inland waterways craft will generally be assessed for category D compliance while sea-going craft would be assessed under category A or B.
The RCD applies to all craft between 2.5 and 24m in length built after June 16th 1998. Some types of craft can be exempted from compliance with the Directive. In certain circumstances, amateur built craft can be exempted as described below.

Professional boat builders

Category D craft and category C up to 12m in length can be self-certified by the builder. Certification of category A and B craft and category C craft over 12m in length require the involvement of a Notified Body. The Notified Body will vet the RCD documentation and inspect the vessel to ensure that they tie up.

On the face of it, self-certification seems an easy option, but unless the boat builder has an in-house RCD expert, it is usually much more efficient to involve an RCD consultant who will compile a coherent Technical File and Owner’s Manual. If the builder is producing a series of similar craft, once the Technical File has been written, he will be able to produce his own Declarations of Conformity and Owner’s Manual. However, most builders prefer the reassurance of having each boat checked by the RCD consultant.

Small Craft Consultancy can provide a cost-effective package to meet all your RCD compliance requirements.

Buying a fully fitted boat

The boat builder must ensure that your new boat will meet the requirements of the RCD and document it in a Technical File. As the buyer, you are unlikely to see the Technical File, but when you take delivery of the boat, the builder should give you:

• An Owner’s Manual which should give details of your boat along with safety and operational advice.
• A builder’s plate similar to example shown below:
  
  
• A Craft Identification Number on the stern in the format: GB-ABC12345F707
• A Declaration of Conformity which states that your boat meets the requirements of the RCD. This may be included in the Owner’s Manual.

You should bear in mind that builders of category D boats can self-certify them for RCD compliance. This means that there is no requirement for a surveyor or Boat Safety Scheme examiner to inspect the boat before you take delivery of it. You may be relying entirely on the skill and integrity of the builder to provide you with a safe and serviceable boat.

If you are unsure about the validity of any of the above, please contact us for advice, or you could have problems when you come to sell the boat.

Buying a shell or sailaway to fit out

If you buy a shell or sailaway to fit out yourself, you become the builder under the terms of the RCD. It is your responsibility to complete the boat so that it complies with the RCD standards and to enable it to be CE marked.

The whole RCD assessment must be a continuous process from the construction of the shell right through to the fitting of the CE plate. In practice, this means as soon as the shell is delivered, an RCD surveyor should be ready to compile the necessary documentation as the fit-out progresses. The requirements for CE marking an amateur built boat are the same as those which apply to a professionally built boat.

The basis for your boat’s Technical File will be the Annex IIIa Declaration which the builder should give you when you take delivery of your shell or sailaway. The Annex IIIa is the builder’s statement that the vessel meets the requirements of the RCD appropriate to its stage of completion when it leaves his works.

Small Craft Consultancy can take care of all RCD documentation and will provide full technical back-up combined with inspections during the fit-out.

Exemption from the RCD

A boat built by and individual for his own use which is not put on the market for five years after the date of completion, does not need to be CE marked. If you chose not to CE mark your boat, you should bear in mind:

• The five year period starts from the date of completion. It is a good idea to ask a surveyor to verify the date.
• It will be difficult to raise finance to build the boat.
• In the event of unexpected circumstances, you will not be able to transfer ownership of the vessel. To be able to sell it legally, post-construction CE marking would be necessary which may involve a Notified Body. This could be expensive.
• A non-CE marked vessel may be perceived as having a lower market value than an equivalent CE marked one.
• Vessels operating on BW/EA waters will require a Boat Safety Scheme certificate to obtain a licence. A CE marked boat will only require a certificate after 4 years from the date of CE marking.
• It would be advisable to obtain a Directive Exemption Certificate which explains why the vessel is not CE marked.

Buying a pre-owned boat

If you are buying a boat which was built after 16th June 1998, you should check that the RCD documentation is with the boat: Declaration of Conformity, Owner’s Manual and CE plate.

As a general rule, boats built in the EU before June 16th 1998 do not need to be CE marked.

Selling your boat

The RCD status of your boat is very important. The documentation as described above belongs with the boat and should be handed over to the new owner. You could be liable for claims against you if the boat and/or the documentation, do not comply.

Boat Safety Scheme Certification

A BSS examination can be carried out up to two months before the existing certificate or RCD Declaration of Conformity expires ( the Declaration is valid for four years after the boat is built).

The two month period allows any work to be carried out if the certificate cannot be issued at the first visit. If the boat passes first time, the new certificate can be post-dated to start from the date when the old certificate or the Declaration of Conformity expires.

It is the boat owner’s responsibility to ensure that the vessel remains compliant with the standards during the four year period for which the certificate or Declaration of Conformity is valid. Regular maintenance and inspection will help to achieve this.

All areas which need to be checked must be accessible for inspection otherwise the examination may not be completed and it will not be possible to issue a certificate.

Make sure before the examination that all installations and equipment are operational. Batteries should be adequately charged and there must be sufficient gas and water on board.

All joints in the LPG system must be accessible for inspection during the examination, so any access panels should be removed beforehand. Engine boards should be lifted before the start of the examination if practical. If this is not possible, any gear stored in the engine area should be removed to allow rapid access.
The existing certificate should be to hand at the examination so information can be transferred to the next certificate. Any supporting documentation which demonstrates the suitability of fuel hoses, for example, should also be to hand.

The fee for the examination will depend on the type of vessel to be examined. In addition to the fee there will be a fixed charge of £40 which covers the cost of the certificate and administration charges. If a certificate is not issued on the first inspection there will be a further fee to pay for future inspections. The re-test fee will be dependent on the number of points which have to be re-checked.