Certification
Home Up Legislation Emissions matrix Certification TRIWV

 

Declaration of Exemption

The Recreational Craft Directive (RCD) plus the amendment fortunately contains a myriad of exemptions but there appears to be no mechanism for this to be documented. The Commission has provided a standard template for a Declaration of Conformity and I have used this as a basis to generate a number of documents to cover exemptions. It may be necessary to use several of these documents to cover one particular set of circumstances but that should not be a problem. A detailed examination of the Emissions Matrix chart should give a clear indication of which declaration of exemption or combination of declaration of exemptions to use.

Directive 94/25/EC covers design and construction aspects. All craft built after 16th June 1998 need to comply.

Directive 2003/44/EC amends 94/25/EC to include engine exhaust and noise emissions plus some amendments to design and construction aspects. All engines and craft built after 31st December 2005 need to comply (31st December 2006 for two stroke engines).

Note :- A Declaration of Conformity or Exemption for Category D craft (inland waterways) can be completed and signed by the builder/manufacturer without the need to employ the services of a notified body. The Declaration of Exemptions listed below are only designed to be used for Category D craft as the section for use by a notified body has been omitted.

Design and Construction - DIY Craft

Text from RECREATIONAL CRAFT DIRECTIVE AND COMMENTS TO THE DIRECTIVE COMBINED

(g) craft built for own use, provided that they are not subsequently placed on the Community market during a period of five years;

The exclusion in (g) concerns craft built by their future user, provided that they are not placed on the EEA market within five years of being put into service. This does not preclude the subcontracting, by the builder, of specialists in certain aspects of the fitting-out of the boat, for example electrical or electronic engineers. A kit boat bought by its end-user, from the kit boat manufacturer, not completed in accordance with the kit boat manufacturer’s instructions (i.e. modified) but to the ‘desires’ of the end-user is considered to be a ‘boat built for own use’. If, for whatever reason, a boat built for own  use is intended to be placed on the Community market, whether completed or partly completed, within the five-year period, then certification by a person or persons fulfilling the role of manufacturer would be required in a similar manner to (f) above. These persons would take the responsibility for the appraisal of the design, construction and any necessary modification of the boat. This appraisal, with regard to compliance with essential requirements of the directive, involves the procedures necessary for conformity assessment.

NB: A member of the general public building his own boat (in his garage or garden, for example) from materials bought on the open market is deemed to be ‘building a boat for his own use’. This boat lies outside the scope of the directive and does not require compliance with the essential requirements and thus CE marking. If, for whatever reason, this situation changes, then the provisions detailed above would be seen to apply.

 It should be made clear that a private person who enters into a contractual arrangement with a professional company, yard or individual constructor to build a one-off boat (bespoke) is deemed to have entered into an arrangement where there will be a transfer of ownership. Such a boat is deemed to fall under the directive and will have to comply with the essential requirements of the directive and applicable conformity assessment procedures. Reference is made to text expanding Article 4.

Boats built for own use have the concept that a person is building his own boat and not having it built by others.

Note 1 :- The five year rule starts when the craft is first put to use and not necessarily when the craft is completed. If a hull was fitted with an engine, then placed in the water and cruised away from the hull manufacture/builder by the new owner, this could be construed as "first put to use".

Note 2 :- Note the 2nd to last paragraph of the text above. If you purchase a part complete craft to fit out yourself (shell with or without engine. sailaway, ballasted/lined out etc, etc.) then the manufacturer/builder must supply an Owners Manual and a Declaration of Conformity (Annex 3a
 "sold for completion by another party") to that stage of completion of build.

The Declaration of Exemption in Word  .doc format can be downloaded here.

Design and Construction - Replica Craft

Text from RECREATIONAL CRAFT DIRECTIVE AND COMMENTS TO THE DIRECTIVE COMBINED

(e) original, and individual replicas of, historical craft designed before 1950, built predominantly with the original materials and labelled as such by the manufacturer;

The exclusion in (e) is intended to exclude from the scope of the directive craft designed before 1950. In addition, this exclusion is also intended to exclude craft and/or types or classes of craft which were designed or developed before 1950 and which are individually constructed predominantly but not exclusively using the original materials. Builders of historical craft are able to build the same authentic bygone design, one boat after another. These boats are still unique and individual, when built using methods and materials consistent with the original design, and retain their aesthetic charm and characteristics.

In this respect, ‘predominantly with the original materials’ means using the original materials for both the hull and the deck, but allowing contemporary use of materials, for example plywood instead of solid timber, laminated frames, modern adhesives, paints, sealant and fastenings. Series production by means of moulds (e.g. GRP production) shall not be possible in these cases.

It is noted that some classes of boat that were designed before 1950 which were originally made exclusively of wood are now produced of modern plastics. These contemporary constructions are considered to fall within the scope of the directive as the criteria regarding ‘predominantly with the original materials’ is not fulfilled.

NB: All Member States have individual boat designs that are peculiar to that State or region thereof, for example ‘pattini’ in Italy or ‘treehandiri’ in Greece. These boats are generally:

 — of a design pre-dating 1950,

 — built in specialist yards of original materials.

Of the two points above, the first takes predominance. The Member State must be satisfied that such an exclusion from the directive would not give carte blanche for series production.

Note :- The OED definition of replica is • noun an exact copy or model of something, especially one on a smaller scale. The OED definition of exact is • adjective 1 not approximated in any way; precise. 2 accurate or correct in all details: an exact replica. 3 tending to be accurate about minor details.

The Declaration of Exemption in Word  .doc format can be downloaded here.

Engine Exhaust Emission - Old Engine

Text from DIRECTIVE 2003/44/EC AMENDING THE RECREATIONAL CRAFT DIRECTIVE AND COMMENTS TO THE DIRECTIVE COMBINED

(d) for products falling under (a)(ii), (b) and (c), the provisions of this Directive shall only apply from the first placing on the market and/or putting into service after the date of entry into force of this Directive.

This paragraph specifies that the new requirements for products falling under (a)(ii) (personal watercraft), (b) (with regard to exhaust emissions) and (c) (with regard to noise emissions) apply only to these products from their first placing on the Community market or first putting into service after the date of entry into force of this Directive. The dates by which all products must comply with the provisions of the Directive are stated in Article 3. ......

...... Propulsion engines with regard to exhaust emission requirements Propulsion engines installed or intended for installation on or in recreational craft or personal watercraft that are first placed on the Community market or put into service prior to 1st January 2005 (date of entry into application of the provisions of Directive 2003/44/EC) or, ultimately either until the 31st December 2005 (end of the transitional period specified in Article 3.2(b) of Directive 2003/44/EC) for compression ignition and four-stroke spark ignition engines or the 31st December 2006 (end of the transitional period specified in Article 3.2(c) of Directive 2003/44/EC) for two-stroke spark ignition engines are not required to comply with the exhaust gas emission requirements, even if subsequently placed on the market again as second hand products or subject to a ‘major engine modification’ after the relevant date.

 Propulsion engines imported into the Community market from third countries after either the 31st December 2005 (end of the transitional period specified in Article 3.2(b) of Directive 2003/44/EC) for compression ignition and four-stroke spark ignition engines or the 31st December 2006 (end of the transitional period specified in Article 3.2(c) of Directive 2003/44/EC) for two-stroke spark ignition engines are required to comply with the exhaust gas emission requirements, even if they are second hand products that were first used prior to these dates, unless they have been previously placed on the market or put in service in the EEA.*

Note :- In other words, any engine already in existence before the dates specified above can be used or even fitted into a new craft and not have to meet the exhaust emission requirements.

 The Declaration of Exemption in Word  .doc format can be downloaded here.

Engine Exhaust Emission - Replica Engine on Replica Craft or on DIY Craft

Text from DIRECTIVE 2003/44/EC AMENDING THE RECREATIONAL CRAFT DIRECTIVE AND COMMENTS TO THE DIRECTIVE COMBINED

(ii) original and individual replicas of historical propulsion engines, which are based on a pre-1950 design, not produced in series and fitted on craft referred to in paragraph 2(a)(v) and (vii);

Individual replica engines based on pre-1950 designs are excluded from the exhaust emission requirements provided that they are fitted to historical craft or craft built for own use as defined by Article 1.2(a)(v) and (vii) above. In this context ‘individual replicas’ may be built one after another and still excluded, provided that they are built to order and not series produced. Historical engines built prior to 1950 are excluded from the scope of application of the exhaust emission requirements. Note that propulsion engines built after 1950 and first placed on the Community market or put into service before the dates specified in Article 3.2 are also excluded from the exhaust gas emission requirements of the Directive.

Note :- See the OED definition of replica further above and also the notes on DIY craft.

The Declaration of Exemption in Word  .doc format can be downloaded here.

 Noise Emission - DIY Craft

Text from DIRECTIVE 2003/44/EC AMENDING THE RECREATIONAL CRAFT DIRECTIVE AND COMMENTS TO THE DIRECTIVE COMBINED

- craft built for own use, provided that they are not subsequently placed on the Community market during a period of five years.

Craft built for own use are excluded from the noise emission requirements provided that they are not placed on the Community market within 5 years of first being put into service. To qualify for this exclusion from the noise emission requirements, a craft ‘built for own use’ must have been substantially built and used exclusively by the owner. A craft that is completed by the owner by the addition of fittings and finishing parts is not ‘built for own use’. Further clarification on craft built for own use are given in the application guide to Directive 94/25/EC.

Note :- See the notes further above on DIY craft.

The Declaration of Exemption in Word  .doc format can be downloaded here.

 Noise Emission - Replica Engine on Replica Craft or on DIY Craft

Text from DIRECTIVE 2003/44/EC AMENDING THE RECREATIONAL CRAFT DIRECTIVE AND COMMENTS TO THE DIRECTIVE COMBINED

- craft built for own use, provided that they are not subsequently placed on the Community market during a period of five years.

Craft built for own use are excluded from the noise emission requirements provided that they are not placed on the Community market within 5 years of first being put into service. To qualify for this exclusion from the noise emission requirements, a craft ‘built for own use’ must have been substantially built and used exclusively by the owner. A craft that is completed by the owner by the addition of fittings and finishing parts is not ‘built for own use’. Further clarification on craft built for own use are given in the application guide to Directive 94/25/EC.

Note 1 :- Interestingly, the exemption from the noise emission requirements for replica craft fitted with a replica engine has been omitted from the Commissions document explanation!!!!

Note 2 :- See the OED definition of replica further above and also the notes on DIY craft.

 The Declaration of Exemption in Word  .doc format can be downloaded here.

Page last updated 15 November 2006

© Michael Clarke - 2009