The Recreational Craft Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Directive 94/25/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the member States relating to recreational craft (the Directive). Subject to certain limited exceptions, references in the Regulations to the Community or a member State include respectively a reference to the EEA or an EEA State, which are defined in regulation 2(2)(a).

Regulations 3 to 6 provide for the application of the Regulations. They apply to any product, which is a recreational craft, partly completed recreational craft or component (relevant definitions are contained in regulation 2(1)). The application of the Regulations is not prevented in the case of a recreational craft or partly completed recreational craft which could be used for charter or recreational boating training when placed on the market for recreational purposes (regulation 3(2)).

The Regulations do not apply in the circumstances described in regulations 3(3), 4, 5 or 6. Regulation 3(3) relates to the showing of a product at any trade fair or similar event if there is a visible sign indicating that it must be made to comply before being placed on the market. Furthermore, the Regulations do not apply to specified excluded products (regulation 4) or products placed on the market before 16th June 1996 (regulation 5). There are transitional arrangements until 15th June 1998 subject to certain provisions relating to CE marking and provided that the product complies with national rules in force on 16th June 1994 (regulation 6).

Regulations 7 to 10 describe the requirements which various products must satisfy if they are to be placed on the market. (With the exception of regulations 3(2), 4(f) and (g), 7(2)(b)(i), 7(2)(c), 7(3)(b) and 16(2), “placing on the market” includes putting into service— regulation 2(1).) The basic requirements are set out in regulation 7: a product must satisfy the essential safety requirements which are applicable to it and meet certain other safety requirements. Except in the case of a partly completed craft and certain components, the appropriate conformity assessment procedure must have been carried out. In addition, the CE marking must be affixed to a product (other than a partly completed craft) or, in the case of a component, to the product or its packaging. In the case of a partly completed recreational craft, it must be accompanied by the declaration set out in paragraph (a) of Schedule 3; as regards a component which is to be incorporated into a recreational craft, a declaration may be made in accordance with paragraph (b) of Schedule 3 in which case compliance with the appropriate conformity assessment procedure is not required and the CE marking indicates that the component complies with the essential safety requirements relevant to it.

The essential safety requirements (Annex I of the Directive) are set out in Schedule 1.

The CE marking must be affixed in accordance with regulation 8 and Schedule 4. Regulation 9 makes provision for other markings and inscriptions.

The conformity assessment procedures are set out in various “Modules” in Annexes V to XII of the Directive (which are set out in Schedules 5 to 12). The appropriate conformity assessment procedure is determined in accordance with regulation 10 on the basis of certain categories of boat and for components: the boat categories are set out in the essential safety requirements. For the purposes of various Modules, the technical documentation to be supplied by the manufacturer or his authorised representative established in the Community and the written declaration of conformity described in Annexes XIII and XV of the Directive are set out in Schedules 13 and 14.

Provisions are made as regards the appointment of notified bodies to carry out conformity assessment procedures and/or surveillance together with the fees which such bodies may charge and the procedures required in the event of such a body being minded to refuse to issue an EC type-examination certificate (regulations 12 to 14).

Regulations 15 to 22 and Schedule 15 relate to enforcement of the Regulations. The enforcement authorities are the weights and measures authorities in Great Britain and the Department of Economic Development in Northern Ireland. In Scotland, proceedings are brought by the procurator-fiscal or Lord Advocate. Regulation 17 provides for offences and penalties for breaches of the Regulations; there are also provisions relating to the defence of due diligence (regulation 18) as well as liability of persons other than the principal offender (regulation 19). Regulation 20 requires a person who places on the market a recreational craft or component without a CE marking, or a partly completed recreational craft, to provide certain information and regulation 21 enables proceedings to be brought within a period of twelve months after the offence was committed. Regulation 22 provides that these Regulations are to be treated as safety regulations within the meaning in the Consumer Protection Act 1987.

A Compliance Cost Assessment in respect of these Regulations is available and a copy can be obtained from the Department of Trade and Industry, Standards and Technical Regulations Directorate 4, 3rd floor, 151 Buckingham Palace Road, London SW1W 9SS.