EN Official Journal of the European Union CE 84/429

(2004/C 84 E/0500)

WRITTEN QUESTION E-0565/04

by Martin Callanan (PPE-DE) to the Commission

(26 February 2004)

Subject: Clarification on the scope of the Recreational Craft Directive

The Recreational Craft Directive (94/25/EC (1)) is based on the principles of the New Approach which provide for CE marking.

The Commission's ‘Guide to the implementation of directives based on the New Approach and the Global Approach’ states in Section 2: ‘Scope of New Approach directives’ — ‘A product, which has been subject to important changes that aim to modify its original performance, purpose or type after it has been put into service, may be considered as a new product.’

The Commission's document entitled ‘Recreational Craft Directive and Comments to the Directive Combined’ refers in Article 4(5)(viii) Summary of the application of the Directive after 16 June 1998 — to ‘Boats already in the EEA which are transformed into recreational craft when they were previously used for another purpose. e.g. experimental craft, racing boats, former commercial boats.’ However this section goes on to say that ‘the Directive does not contain any retrospective provisions and, as such, existing boats in service (in use) in the EEA lie outside of the Directive whatever their origin of build.’

Will the Commission now give a ruling on whether an ex-commercial craft henceforth put to use for recreational purposes needs to be CE marked in accordance with the RCD, even if no physical changes have been made to the craft? Does the fact that an ex-commercial craft was built before Directive 94/25/EC came into force alter the situation?

Finally, if ex-commercial craft are to be CE marked, this would prove difficult, since the process of CE marking of ex-commercial craft would have to be ‘Post Constructional Certification’. Will the Commission indicate how this is to be achieved at the present time?

Answer given by Mr Liikanen on behalf of the Commission

(30 March 2004)

The Commission's ‘Guide to the implementation of directives based on the New Approach and the Global approach’ and the Commission's document ‘Recreational Craft Directive and Comments to the Directive combined’ to which the Honourable Member refers, both mention in their foreword that their content is not legally binding; only the Directive has the force of law. Therefore, the clarifications provided in these guides should not and cannot be considered as a ruling by the Commission on the scope of application of the Directive.

Article 1(1) of Directive 94/25/EC of the Parliament and of the Council of 16 June 1994 relating to recreational craft, specifies that the Directive shall apply to recreational craft, and in Article 1 (2) of the Directive, recreational craft are defined as: ‘any boat of any type (…) from 2,5 to 24 m hull length, (…) intended for sports and leisure purposes’. From these provisions it emerges that any former commercial craft placed on the market and/or put in service for leisure purposes falls within the scope of the Directive, irrespective of whether physical changes to this boat have been made for that purpose.

The fact that a former commercial boat was built before the Directive came into force does not alter the situation; only the date of its placing on the market and/or putting into service for leisure purposes is relevant as to whether or not that boat will have to comply with the requirements of the Directive.

In view of the above provisions of Article 1 of the Directive, the statement introduced in the second edition of the Commission's document ‘Recreational Craft Directive and Comments to the Directive Combined’ in the comments to Article 4(5) (viii) that: ‘the requirements of the Directive apply to boats already in the EEA which are transformed into recreational craft when they were previously used for another purpose (e.g. experimental craft, racing boats, former commercial boats)’ should therefore be read as a complementary clarification on the Directive's scope of application and not as an extension of it.

Furthermore, the statement referred to by the Honourable Member that: ‘the Directive does not contain any retrospective provisions and, as such, existing boats in service (in use) in the EEA lie outside of the Directive wherever they were built’ should be read as meaning existing recreational craft. Hence this absence of retrospective provisions cannot be invoked for existing former commercial boats whose original intended use is changed into leisure purposes after the date of entry into application of the Directive.

Post construction certification is not explicitly covered by the currently applicable version of the Recreational Craft Directive (i.e. Directive 94/25/EC). However, post construction assessment is at the present time achieved through a commonly agreed approach between notified bodies, which is laid down in Chapter I of their Recreational Craft Sectoral Group (RSG) Guidelines. As from 1 January 2005, post construction assessment will be covered by the Directive through the entry into application of the amending provisions of Article 8a introduced with Directive 2003/44/EC of the Parliament and of the Council of 16 June 2003 amending Directive 94/25/EC (2).

(1) OJ L 164, 30.6.1994, p. 15.

(2) OJ L 214, 26.8.2003.