Recreational boat compliance

In Europe, the design and operation of recreational boats must comply with several European standards, regulations, conventions, and rules.

Among the most important texts is European Directive 2013/53/EU:

This directive establishes rules to ensure the safety, performance, environmental protection, and free movement of marine products within the European Union.

It applies to all recreational craft with a hull length between 2.5 meters and 24 meters, built since June 16, 1998, and placed on the market or put into service for the first time in the European Union. This includes both motorboats and sailboats, whether new or used. Personal watercraft (PWC) built from 2006 onwards are also covered.

In France, European Directive 2013/53/EU is implemented through Annex I of Article R.5111-1 et seq., and the Order of June 19, 2015, of Book 1 of the Transport Code.

European regulations on recreational boat compliance have been developed in three key stages.

Directive 94/25/EC of 1994 laid the foundations for CE marking and safety requirements. It was strengthened by Directive 2003/44/EC, which extended the scope to include personal watercraft (PWC) and introduced environmental standards.

Finally, Directive 2013/53/EU, in force since 2016, is the current consolidated version, providing clarifications on conformity, imports, and technical requirements.

1. Directive 94/25/EC of 16 June 1994

• 
  First specific European directive for recreational craft.
• Recreational craft between 2.5 m and 24 m, inboard and outboard engines.
  Harmonization of safety and design requirements, and implementation of CE marking.
• Entry into force: Mid-1996 with a transitional period until 1998.
  

2. Directive 2003/44/EC of 16 June 2003

• Purpose: Amendment of Directive 94/25/EC.
• New features:
  
  Extension to PWCs (e.g., jet skis).
  
  Introduction of new environmental requirements, particularly concerning noise and pollutant emissions from engines.
• Mandatory application: Since 1 January 2006.
  

3. Directive 2013/53/EU of 20 November 2013

• 
  Purpose: Complete overhaul of Directive 94/25/EC, repealing and replacing it from 18 January 2016.
  
• Aim:
  
  Legal clarity.
  
  Conformity assessments.
  
  Imports from third countries.

Strengthening of environmental and safety requirements.

To sail under a Community flag, each owner must ensure that their boat complies with European regulations. A CE marking, directly on the vessel, is responsible for certifying its compliance.

Please note: the compliance of your vessel is an important criterion to consider when choosing your flag of navigation. In some cases, indeed, legislation provides for periodic inspection to ensure that boats remain compliant over time!

Regarding vessel safety, legislation provides for standards concerning the design, construction, and equipment of boats.

Among the elements taken into account are:

• The classification of vessels into different categories, from A to D, according to their ability to withstand the elements
• The unique identification number and the builder's plate, mentioning the maximum load and the recommended number of people on board
• Devices for preventing falling overboard
• Fire-fighting equipment
• The buoyancy of the boat
• Watertightness
• Electricity…

To ensure that recreational boating can be enjoyed without causing harm, European Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 sets out strict environmental protection standards. Manufacturers must comply with rules for reducing the ecological impact of vessels.

Boat design, in particular, must prevent accidental discharges of fuel, oil, or wastewater. Products used for hull protection must have a limited environmental impact, and for engines, there is a maximum level of gas and noise emissions that must not be exceeded.

Systematically checked via the written declaration of conformity during an initial registration in a country, the conformity of a recreational vessel is very important: without the necessary documents or proof of the boat's conformity, the finalization of the procedures may not take place!

For all pleasure boating procedures for which boat compliance is mandatory, the owner of a vessel must be able to provide several documents: the Written Declaration of Conformity (DEC), the owner's manual, and the boat's unique identification number.

For simplicity, it is often called the Declaration of Conformity or DoC.

The Declaration of Conformity concerns all vessels built from June 16, 1998, and jet skis put into service from 2006. It is an official commitment from the manufacturer or their representative, certifying the boat's compliance with applicable legislation.

To obtain registration under the French flag, this document, written in French, is essential.

Provided by the ship's builder, the owner's manual contains the information necessary for safe operation of the vessel. The document includes instructions on installation, maintenance, and risk prevention on board.

The Hull Identification Number is a number engraved on the manufacturer's plate of all recreational craft built after June 16, 1998.

Importing a boat or changing its flag from a third country to an EU country is possible, provided that the vessel's compliance is certified.

→ Second-hand boats that have never flown a European flag and are being imported into the European Union market for the first time, for example when changing flags, must follow a specific procedure called a Post-Construction Assessment (or PCA).

In the absence of initial certification, a boat must be brought into compliance to obtain an EU flag. A non-compliant boat must be evaluated and, if necessary, modified to meet the community's environmental and safety requirements.

The owner of a boat imported from a third country into the European Union for the first time will have to take steps to bring the vessel into compliance before its administrative status can be updated.

Some older boats may be exempt from CE marking. This is the case, for example, for several classic yachts and old rigs, provided they were put into circulation in an EU country before 1998. Once again, we have solutions for this type of problem.

Vessels excluded from CE marking also include human-powered or historical steam-powered vessels, racing sailboats used exclusively for regattas, or non-substantial repairs or modifications.

Bringing a non-certified boat into compliance is a complex procedure that can take several months and prove to be relatively costly. ISO 12217, ISO 8666, ISO 10087, ISO 7840, ISO 8846, ISO 9094... The standards for vessel compliance are numerous and, depending on the situation, it can be difficult to meet all requirements, particularly regarding engine specifications!

Because the procedures to be carried out differ from one case to another, seeking professional support is certainly a time and money saver. The vessel's compliance assessment must be carried out by a certified organization with which we work closely.

To make a boat compliant, there are different steps:

• The diagnostic phase
• Verification of documentation
• Definition of applicable regulations
• Conformity assessment, with inspection of the vessel by a certified body
• Compliance work, if applicable
• Technical tests
• Issuance of the conformity report, CE marking, and delivery of the Declaration of Conformity (or DEC) based on the EAC model; note that the signatory remains the one who places the boat on the market
• Delivery of the owner's manual and marking of the vessel with the new standardized serial number WIN (watercraft identification number)

During the vessel's conformity inspection, the authorized body assesses compliance with safety, construction, and stability standards, as well as the presence of mandatory equipment on board. The motorboat, jet ski, or sailboat undergoes stability and buoyancy tests, as well as resistance tests.

In certain cases, compliance work may be required to bring the boat into conformity: this may involve adding equipment, architectural modifications – to strengthen the structure, improve stability, or optimize safety – or interventions on the engine – to reduce emissions.

Only after the boat's conformity validation procedure is completed, when the body submits the conformity report to the owner, can the vessel be considered compliant.

The entities authorised to carry out the technical inspection of a vessel are very specific. It is essential to verify that the entity has the necessary accreditation issued by the European Commission; a maritime or river expert is not authorised to certify a recreational craft according to Directive 2013/53/EU.

Among them are ICNN in France, IMCI in Belgium, and HPI in Ireland. It should be noted that classification societies like BV or Lloyd no longer hold accreditation for recreational boating. Rina, however, is still a recognised body.

Be aware that accreditations are obtained and can be lost.

Also note that not all bodies are accredited for the same certifications; some will only perform post-construction certification, while others only carry out pre-construction certification.

If a boat cannot be made compliant, it may be restricted to certain navigation areas or uses.

With a non-compliant pleasure craft, it may also be more difficult for the owner to find boat insurance, at least in France. We have solutions to address this issue.

Do you want to bring a boat into compliance while avoiding complex procedures?

We can help you!