28 November 2024

British Marine’s Technical Department recently chaired the latest Recreational Craft Regulations stakeholders’ group. The aim of the group is to bring all interested stakeholders such the UK’s approved bodies, trade representatives, UK government and enforcement together to discuss clarifications, interpretations and known problems with the Recreational Craft Regulations.

Among other items, the following important points were discussed:

• The indefinite extension to acceptance of CE marking as an equivalent to UKCA marking has now become law. This is through the Product Safety and Metrology etc. (Amendment) Regulations 2024 . This came into force on the 1st October 2024 and brings into law the announcement made in August 2023 around the Government’s intention to indefinitely accept CE marking as an equivalence to UKCA marking.

• The industry should be aware there is some guidance through the RSG’s latest guide of when an MCC is met. This is through their Recommended for Use (RFU’s) unified interpretations, and although not legally binding, offer good guidance on certain aspects. One of the most recent RFU’s on lithium-ion batteries (RFU 199) states that if non-Li batteries are swapped for Li batteries this would meet the threshold for MCC.
  
  Major Craft Conversion clarifications. The group discussed industry requirements for further clarification on what constitutes a Major Craft Conversion (MCC) under the recreational craft regulations. Under the regulations if the threshold of MCC is met, the craft must undergo a recertification through a Post Construction Assessment (PCA) which must be carried out by an approved body. It is the responsibility of the owner of the vessel to have this carried out. However, there is no clear explanation as to what constitutes meeting the threshold, with the regulations simply stating that if the changes may affect the original certification of the vessel, then the MCC threshold is met. Work is currently ongoing both in the UK and in the EU (in the EU this is via the RSG group and also our partners at ICOMIA and EBI), to gain better clarification of when the threshold is met and looks to set a better framework for the industry to work to.​
  
  ​​​​​​​MCC only applies to vessels that were within scope of the Recreational Craft Regulations at the time they were first put into use/placed onto the market i.e. it does not apply to vessels built before June 1998.

• Proportional Post Construction Assessment. As stated above, when the threshold of MCC is met a PCA needs to be carried out. If the whole vessel needs to be assessed, then this can become a costly exercise. Ongoing work, again both in the EU and the UK is looking at whether the approved/notified body can apply a ‘proportional assessment’. This is where only the change which has triggered the MCC is assessed, and the vessel can then be recertified. Over in the EU it is generally accepted through the RSG group and is looking for approval through the commission that this is an acceptable method with test cases now being put through. The same discussions are happening here in the UK with proposals now with the UK government for approval. It should be noted the ability for an approved/notified body to apply a proportional assessment will rely on certain factors such as the vessel being correctly certified in the first place, and still having some documentation, such as the Declaration of Conformity that the body can use as proof that the vessel met the essential requirements of the regulations at the time it was first put into use/placed on the market.

• The UK government has announced a new bill, The Product Regulation & Metrology Bill. This is an enabling Bill – it creates new powers to make product regulations in the interests of businesses and consumers. Measures can be introduced through Secondary Legislation. This enables the UK to respond to changes to the EU rules we recognise. We will be able to either continue or stop recognition, and either mirror the new rules or make our own. It also enables the UK to regulate to address; emerging product safety challenges such as those related to e-bike batteries, regulate online marketplaces and new technologies and enable improvements to compliance and enforcement. The bill is currently going through the processes of readings and amendments in the House of Lords.

British Marine continues to work with all its stakeholders on the above points to gain clarity and guidance for industry.

If you need any further information, please contact the British Marine Technical Department via technical@britishmarine.co.uk.