Can I import a EU built yacht from the USA without RCD problems?

[martinparsons]

I'm vaguely interested in a 1989 32ft Beneteau First 32s5 which has been damaged in hurricane Ivan and although there is still a while to run the bidding looks favourable. It occured to me that many such yachts may already have prior RCD approval or have already been manufactured pre-RCD under french legislation so (can't remember when this all started)
a) does anyone know if yacts exported out of the EU automatically are RCD plated
b) if not would there be a major problem getting it done as long as the boat was proven to be up to original EU manufactureres spec.

I know the transport stands to be horrific!

 

[snowleopard]

i seem to recall from a recent article that if the boat had spent even 1 day in an EU territory prior to a certain date it was exempt.

 

[Guest]

I seem to remember that Beneteau built boats in the USA; you need to research this before bidding.

 

[Bergman]

I suppose it rest upon the question When is a boat not a boat.

If you look at the price of new yachts there is always several thousand pound "commisioning" charge on top of the price. Add to this the additional fitting out that any owner will do and add several thousand more pounds.

To complicate this many yachts imported into UK have fittings such as mast and sails winches etc. fitted in UK.

If this model holds good for yachts imported into USA and I see no reason why it should'nt, then you have a problem - perhaps. At what point is "manufacture" complete?

Probability is that no-one knows the answer since no court has been asked the question and for sure no-one wants to be the first.

I suppose the question really is whether the savings are worth the hassle and risk, and only you know the answer to that.


Best of luck mate

 

[Flogging_Molly]

Beneteau have been building in the US (South Carolina) since 1986, so this may well be a "local" boat. It is exempt from RCD conformance (which came into effect June 1998) if it visited any EU country *or EU Territory* prior to that date (no minimum time limit) and you have proof - marina bill, workshop bill, port of entry stamp, logbook, whatever. Note that this includes any UK or French territory in the Caribbean (BVI, etc) which are common destinations for many Florida boats.

Check with the owner or broker if they have such evidence. This doesn't matter much if you bring the boat back and never want to sell it, but if you do you should ensure you get the exemption. Alternatively, if the damage is such that you expect to be spending a reasonable amount on rework anyway you could always get the work done to include an update to meet the current RCD. There are various people in the UK who can help you, Google for RCD and you'll get a lot of info. Here's a few links to get you started:

http://www.rbbi.com/folders/cemark/cemark.htm
http://www.conformance.co.uk/CE_MARKING/ce_boats.html
http://www.imci.org/languages/englishlanguage/home/homeFrame.html
http://www.rsg.be/

To be honest, even apart from hurricanes boats in Florida seem to have quite a hard life - high UV, generally in the water a long time etc. I'd be careful about getting a very thorough survey. There's a big choice of secondhand boats in the US and they're generally cheaper in Florida - I know it's a big market down there but there are other reasons. Just be cautious, and check yachtworld exhaustively before you go for a damaged boat.

jimho

F_M

 

[Lizzie_B]

Boats built and exported from the EU before 1998 will not have been RCD plated. Some models from the big production builders have 'type approval'. The RYA keep a list of such boats and if your's is one of them RCD plating is not a problem. The whole RCD thing is a farce anyway, because the minute you modify a 'plated' boat it is technically no longer RCD compliant!!!! However, you can self certify up to category B, except for the stability data, which for something like a Beneteau will be quite easy to get. The RYA may already hold it in their data base. There are plenty of yards in the US that will modify to meet RCD requirements if necessary.
There are all sorts of other issues re buying a boat in Florida that you have to look into eg Florida sales tax- if the boat needs work you will only have a short time to complete it before you become liable to it). Personally having been involved in buying two boats in the US I really can't think that it is worth the risk and hassle of buying a storm damaged boat. Much better to bid for a drug running confiscation boat at federal auction. ordinary seconhand boats are so cheap ( my 1981 38 footer cost me £16000) I cant see why you would want the risk of potentially undetected structural damage as well as the faults you have been told about. Surveyors, no matter how good cannot detect every fault.
I'm happy to give you my number if you want to chat in more detail if you PM me.

 

[snowleopard]

[ QUOTE ]
Check with the owner or broker if they have such evidence. This doesn't matter much if you bring the boat back and never want to sell it, but if you do you should ensure you get the exemption.

[/ QUOTE ] (my italics)

i got the impression from an article in last month's YM that simply importing the boat was sufficient to make RCD compliance mandatory, not just if you want to sell it. can anyone shed light on that?

 

[kingfisher]

It is not exempt.

The importer is responsible for compliance with the RCD. In this case, the importer and the user are one. For example, here in Belgium, you need to send a copy of the Declaration of Conformity in order to get the vessel registered.
A few remarks:
1) A USA made boat, even if it is benbavjen, is not automatically identical to an EU made one. Just the electrical system, and certainly the shore-power system is different. So there is a reason why non-EU boats are not automatically excempt, even from the same manufacturer.
2) But on <12m vessels, the only thing that needs to be certified by a third party, a so called notified body, are items like stability. For that, the EU based manufacturer might have the data available from sisterships.
3) But will he give you those data? Fat chance. The RCD is a great way to protect EU manufacturers from parallel import. Wy should benbavjen help you, when you are not buying from them? Secondly, why should benbavjen carry the liability of providing that data, when all they know is that the boat might have undergone several changes? So before you buy, make sure that benbavjen will provide the data.
4) You can go for self certification, the official Guideline on the RCD has a specific chapter on the procedure. And yes, you can underclassify without a problem. The problem will come later, when selling a category D vessel on the market.

 

[Flogging_Molly]

My information when investigating this was that any boat proven to be in EU waters prior to June 1998 when the RCD came into effect was RCD *exempt*. If this was not the case then *every* vessel built before June 1998 and in the EU at the time would also have to be made RCD compliant, which is ridiculous even for Brussels. To my knowledge no-one is chasing after all the Westerley, Moody etc owners from the 70's and 80's to update their boats.

If you import a boat built pre-98 which does not meet the EU waters conditions then I agree it will need to either be made compliant, or self-certified by the owner/importer as described above. A boat built in the US in 1989 is not going to be RCD compliant, so needs to be either modified or declared exempt by virtue of being in the EU pre-98.

If anyone has definite proof to the contrary then I'd be very grateful to hear about it, as I may well be bringing a boat back from the US when I return to the UK after my "stint" and all my enquiries about this on both sides of the Atlantic have yielded the same answer.

BTW, I don't believe this contradicts the YM article, which essentially described a non-RCD-compliant boat built relatively recently and which definitely would run into compliance issues if it was imported into the EU.

F_M