Import Boat query

Mr Googler

Mr Googler

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Someone imports a boat from the US

doesn’t get it CE assessed

sells it to someone else

that person is now selling and states it doesn’t matter as it’s the responsibility of the original importer?

is it not still illegal for the 2nd party to sell on? Please point me to any proof either way

thanks for any help
 
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Does anyone know whether the RCD has been rolled over in current UK law as it stands?

Assuming it has, I guess this is the pertinent wording

may only be placed on the market or put into service
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I'm no lawyor but that suggests to me that under the RCD not only is it illegal to sell a non CE certified boat in the UK but to use it too
 
The answer is covered in article 12 of the directive:

Article 12 provides the detailed list of the private importer’s obligations. As a start, we recommend that private importers favour products for which the original manufacturer has fulfilled his responsibilities for the conformity of the product with the EU Directive. Not only will it save a lot of time and hassle for the private importer, it guarantees he/she will acquire a safe and compliant product, thereby ensuring a higher resale value in Europe. In the event that the original manufacturer located outside of the EU has not fulfilled his responsibilities nor carried out the conformity assessment procedures, the private importer must ensure, before putting the product into service, i.e. using it, that:
• The product has been designed and manufactured in a way that meets the essential requirements of the EU Directive
• The following requirements for manufacturers have been carried out: the technical documentation has been drawn out and must be kept for 10 years; the product is accompanied by instructions and safety information in the owner’s manual privateimporterGuide to the NEW Recreational Craft Directive 2013/53/EU21 in a language or languages which can be easily understood by consumers and other end users, as determined by the Member State concerned (i.e. the country of residence)
• The private importer must cooperate with the competent national authority and provide all information and documentation necessary to demonstrate the product’s conformityIn case the technical documentation is not available from the manufacturer, the private importer will have to draw it up using the appropriate expertise. Annex V of the Directive provides the details of the post-construction assessment (PCA). This module is the procedure to assess the equivalent conformity of a product for which the manufacturer has not assumed the responsibility but also in cases where the importer or the distributor places a product on the market under his name or trademark, or modifies a product already placed on the market in such a way that compliance with the Directive’s requirements may be affected. The private importer must ensure that the name and address of the notified body which has carried out the post-construction assessment (PCA) of the product is marked on the product itself.For more information about the PCA see the “Special Cases”
 
That’s where I got confused.....it talks about the importer.

the current seller is not the importer so thinks he’s in the clear. I don’t agree
 
Nor should you. Looks like he's been left with a lemon which he can neither move on nor legally put into the water. (unless the boat predates ?1998?)
 
BruceK said:
Nor should you. Looks like he's been left with a lemon which he can neither move on nor legally put into the water. (unless the boat predates ?1998?)
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Nope....made 2001.

being an Itama.......it would cost too much to get through the test I reckon.






(not really an Itama......I’m too young for a midlife crisis)
 
One can never have too many legs

AKsGDog.jpg
 
BruceK said:
Nor should you. Looks like he's been left with a lemon which he can neither move on nor legally put into the water. (unless the boat predates ?1998?)
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I briefly looked at some US Trawler Yachts. What I did learn is that RCD applies to a US import regardless of year of build. Naked protectionism, but that's the EU norm.
 
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