Compliance for recreational boats
Boat compliance: an important regulatory point
In Europe, the design and operation of recreational boats must comply with various European standards, regulations, conventions, and directives.
Among the most significant texts is European Directive 2013/53/EU:
This establishes rules to ensure the safety, performance, environmental protection, and free movement of nautical products within the European Union.
It applies to all recreational vessels with a hull length between 2.5 meters and 24 meters, which have been built since June 16, 1998, and are placed on the market or put into service for the first time in the European Union. This applies to both motorboats and sailboats, whether new or second-hand. 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 and following, and the Order of June 19, 2015, of Book 1 of the Transport Code.
History of applicable directives
European regulation on recreational boat compliance has 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 expanded the scope to include PWC and introduced environmental standards.
Finally, Directive 2013/53/EU, in force since 2016, constitutes the current consolidated version, providing clarifications on compliance, imports, and technical requirements.
1. Directive 94/25/EC of June 16, 1994
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First European directive specific to recreational boats. - Recreational boats between 2.5 m and 24 m, inboard and outboard engines.
Harmonization of safety and design requirements, and establishment of the CE marking. - Entry into force: Mid-1996 with a transition period until 1998.
2. Directive 2003/44/EC of June 16, 2003
- Purpose: Amendment to Directive 94/25/EC.
- New features:
Extension to PWC (Personal Watercraft) (e.g., jet skis).
Introduction of new environmental requirements, particularly regarding engine noise and pollutant emissions. - Mandatory application: Since January 1, 2006.
3. Directive 2013/53/EU of November 20, 2013
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Purpose: Total recast of Directive 94/25/EC, repealing and replacing it from January 18, 2016.
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Goal:
legal clarity.
conformity assessments.
imports from third countries.
Strengthening of environmental and safety requirements.
Compliance and CE marking
To sail under an EU flag, every owner must ensure that their boat meets the requirements of European regulations. A CE mark, directly on the vessel, is responsible for certifying its compliance.
Boat compliance to ensure passenger safety
Regarding vessel safety, legislation provides standards for 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, based on their ability to withstand the elements
- The unique identification number and manufacturer's plate, indicating the maximum load and the recommended number of persons on board
- Devices for the prevention of man overboard
- Firefighting equipment
- Boat buoyancy
- Watertightness
- Electricity…
Boat compliance from an environmental perspective
So that recreational boating can be practiced without nuisance, European Directive 2013/53/EU of the European Parliament and of the Council of November 20, 2013, provides strict environmental protection standards. Manufacturers must follow rules to reduce 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 gas and noise emission level that must not be exceeded.
Vessel compliance, often essential
Systematically checked via the written declaration of conformity during initial registration in a country, the compliance of a recreational boat is very important: without the necessary documents or proof of the boat's compliance, the finalization of procedures may not be possible!
Documents to certify the compliance of recreational boats
For all recreational boating procedures where boat compliance is mandatory, the vessel owner must be able to provide several documents: the Written Declaration of Conformity (DoC), the owner's manual, and the boat's unique identification number.
The Written Declaration of Conformity
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 by the manufacturer or their authorized representative, attesting to the boat's compliance with the applicable legislation.
To obtain registration under the French flag, this document written in French is essential.
The owner's manual
Provided by the vessel's builder, the owner's manual contains the information necessary for the safe use of the boat. The document includes instructions on installation, maintenance, and risk prevention on board.
The boat's unique identification number
The boat's unique identification number is a number engraved on the manufacturer's plate of all recreational vessels built after June 16, 1998.
Post-certification of imported boat compliance
The import of a boat or a change of flag from a third country to an EU country can be carried out, provided that the compliance of the vessel is certified.
→ Second-hand boats that have never flown an EU flag and are imported for the first time into the European Union market, for example during a change of flag, must follow a specific procedure called Post-Construction Assessment (or PCA).
Certification of a boat that has never been certified, or Post-certification
In the absence of initial certification, bringing a boat into compliance is necessary to obtain an EU flag. A non-compliant boat must be assessed and, if necessary, modified to meet the community's environmental and safety requirements.
The owner of a boat imported from a third country for the first time into the European Union will need to carry out the compliance procedures for the vessel before being able to change its administrative status.
Some older boats may be exempt from CE marking. This is the case, for example, for several classic sailboats and old rigs provided they were put into circulation in an EU country before 1998. Once again, we have solutions for this type of issue.
Vessels excluded from CE marking also include historical-type human-propelled or steam-powered vessels, racing sailboats used exclusively for regattas, or non-substantial repairs or modifications.
Post-certifying a boat's compliance: procedures that are sometimes complicated
Bringing a non-certified boat into compliance is a complex procedure that can take several months and prove relatively expensive. ISO 12217, ISO 8666, ISO 10087, ISO 7840, ISO 8846, ISO 9094 standards... The standards for vessel compliance are numerous, and depending on the situation, it can be difficult to meet all requirements, especially regarding motorization!
Because the procedures to follow differ from one case to another, having a professional team accompany you is certainly a saving of time and money. The assessment of the vessel's compliance must be performed by a certified body with whom we work closely.
The procedure for bringing a vessel into compliance
To make a boat compliant, there are several steps:
- The diagnostic phase
- Documentation verification
- Definition of applicable regulations
- Compliance assessment, with vessel inspection by a certified body
- Compliance work, if necessary
- Technical trials
- Preparation of the compliance report, CE marking, and delivery of the Declaration of Conformity (or DoC) based on the PCA model; note that the signatory remains the one placing the boat on the market
- Delivery of the owner's manual and marking the vessel with the new standardized serial number WIN (watercraft identification number)
During the vessel's compliance inspection, the authorized body evaluates compliance with safety, construction, and stability standards, as well as the presence of mandatory equipment on board. The motorboat, jet ski, or sailboat is subject to stability and buoyancy tests, as well as strength tests.
In some cases, compliance work may be required to bring the boat into compliance: this may involve adding equipment, architectural modifications – to reinforce the structure, improve stability, or optimize safety – or interventions on the engine – to reduce emissions.
Only after the boat compliance validation procedure, when the body delivers the compliance report to the owner, can the vessel be considered compliant.
What are the certified bodies for assessing a boat's compliance?
The actors authorized to carry out the technical inspection of a vessel are very specific bodies. It is imperative to verify that the body holds the necessary accreditation issued by the European Commission; no, a maritime or inland waterway expert is not authorized to certify a recreational boat according to Directive 2013/53/EU.
Among them, we can mention ICNN in France, IMCI in Belgium, or HPI in Ireland. Note that classification societies like BV or Lloyd no longer have accreditation for recreational boating. RINA, on the other hand, is still a recognized body.
Also note that not all bodies are accredited for the same certifications; some only perform post-construction certification, while others only do pre-construction certification.
Can a non-compliant boat sail?
If a boat cannot be brought into compliance, it may be limited to certain navigation zones or certain uses.
With a non-compliant recreational vessel, it may also be more difficult for the owner to find boat insurance, at least in France. We have solutions to overcome this problem.
Your procedures to bring your boat into compliance
Do you want to bring a boat into compliance while avoiding complex procedures?
We will accompany you!
