Published on: 06 April 2017
This is part 4 of our guide to the changes within the new RCD, The Re-Certification of Products to RCD II.
With the implementation of the new Directive all products in scope and placed on the market after 18 January 2017 must be certified to the new Directive, this includes all existing products, Not just new designs.
Vessels and components manufactured and placed on the market before 18 January 2017 will have been certified to RCD 1 (Directive 94/25/EC on recreational craft, as amended by Directive 2003/44/EC). The exact same product which is manufactured after January 18th 2017 must be re-assessed and re-certified to the new directive (Directive 2013/53/EU) before it is placed on the market.
If harmonised standards were used to show compliance to the previous directive (RCD 1), care should be taken as those standards may have changed and may no longer be harmonised and subsequently will have lost their presumption of conformity.
What this means is that the vessel may no longer be compliant (meet the legal requirements) as it is referencing standards that are no longer harmonised without having the correct technical documentation.
In addition, whilst there have been minimal changes to the Essential Requirements within the directive, there have been changes. These have been highlighted in our published technical report and are replicated below:
Changes to essential requirements
Annex I.A.2.3. Protection from falling overboard and means of re-boarding – means of re-boarding shall be accessible to, or deployable by a person in the water unaided.
Annex I.A.2.4 Visibility from the main steering position now applicable to all craft (changed to include sailing vessels)
Annex I.A.3.3. Buoyancy and flotation/3.8 Escape – new wording introducing stability assessment for multihulls
Annex I.A.5.1.6. – Kill cord requirement for tiller steered OB engines
Annex I.A.5.1.6. – Deletion of mandatory tank ventilation for all tanks applicable only to petrol fuel tank spaces
Annex I.A.5.3. Electrical system – changes addressing electric propulsion
Annex I.A.5.5. Gas system – appliance requirement of flame failure deleted (covered by gas appliance directive)
Annex I.5.8. – Water protection – holding tank / treatment system requirement
Annex I.B – New engine emission limits – alignment with EPA 2010/CARB including test cycles and test fuels
Who to contact?
If you have any questions relating to this or the RCD in general, please contact Ross Wombwell at email@example.com or 01784 223727.
PLEASE NOTE - the European Directive 2013/53/EU (the “Directive”), has not yet been implemented into law in England and Wales, despite the required date for its implementation having passed. As a result, British Marine cannot be sure as to how the Directive will be implemented and the comments above are therefore based on our interpretation of how the Directive may be applied, once implemented. Whilst it is anticipated that the Directive will be implemented without any material changes, this cannot be guaranteed. Further information is being sought and will be provided as it becomes available.
Many EU countries have already implemented the Directive into their own law and so British Marine members affected by the Directive are advised to comply with the requirements of the Directive.
If you require clarification on how the Directive may affect your business as a British Marine member, please contact Scott Richards at firstname.lastname@example.org or 01784 223662 for details of the British Marine Lawyer Referral Scheme.