The RCD - trade agreement between EU and US

[CharlesM]

Hello All

Regarding the RCD. There seems to have been some trade agreement established between the EU and the US, allowing recreational craft which conform to certain directives (RCD in EU) to have free and unfettered access to the other's market.

I do not understand the text too well, but the following is an exerpt I found

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LEGISLATIVE, REGULATORY, AND ADMINISTRATIVE REQUIREMENTS
1. For the European Community:
Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations, and administrative provisions of the Member States relating to recreational craft.
2. For the US:
46 USC Chapter 43, 33 CFR 81, 84, 159, 179, 181, 183 and 46 CFR 58.


SECTION II

SCOPE AND COVERAGE
1. This Sectoral Annex applies to all recreational craft which in the European Community or the United States are subject to conformity assessment by a conformity assessment body or an approval procedure, as applicable, before being put on the market.
2. The product coverage for each Party shall be determined by the following relevant requirements:
(a) for the European Community:
Recreational craft as defined in Directive 94/25/EC;
(b) for the United States:
Any product falling under the scope of 46 USC Chapter 43, 33 CFR 81, 84, 159, 179, 181, 183 and 46 CFR 58.
3. The Parties agree that for mutual recognition to operate under this Sectoral Annex, the following arrangements shall apply:
(a) for approvals to European Community requirements, conformity assessment bodies designated by the US shall establish compliance as required to be demonstrated by Directive 94/25/EC. This demonstration of compliance shall be recognised in the European Community and products so certified shall have unrestricted access to the EC market for sale as recreational craft, pursuant to Section I;
(b) for approvals to United States requirements, conformity assessment bodies designated by the European Community shall establish compliance as required to be demonstrated as set forth in paragraph 2(b) of this Section, and products so certified shall have unrestricted access to the US market for sale as recreational craft, pursuant to Section I.

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see <A target="_blank" HREF=http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=21999A0204(01)&model=guichett>http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=21999A0204(01)&model=guichett</A> for more information about this.

So, it looks like if a US boat conforms to certain US legislation or certification, it is RCD compliant. Obviously more investigation is required, but might establish some US boats as viable options.

Regards
Charles

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[Bergman]

If we can find an interpreter we could be on to something here

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[FullCircle]

Charles it appears your intellect and snooping are burning bright. I sincerely hope this will galvanise some of the people who are hit by this pernicious barrier to trade to act.
Hats off to you....

Jim

<hr width=100% size=1>Our engine will never wear out - it only runs for 5 mins before packing it in again.

 

[salamicollie]

This excerpt looks like it makes it possible for US approvals bodies to approve to the RCD recreational craft built in the US (previously only EU approved bodies could do this) and similarly US accept EU approval bodies for the relevant US standards.

Still means that the RCD applies for craft sold in the EU, just US manufacturers can get the approvals done by a US house.... Still might make it a bit easier

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[kingfisher]

MRA\'s

Yep,

A MRA or Mutual Recognition Agreement is a bilateral agreement between the EU and Third Country, whereby they both agree to recognise each others testing labs. So if an MRA is in place, you can have your product tested in another country according to your own regulations. So as a US boat manufacturer, you can get a US certification lab do the testing according to EU standards and then ship the goods to the EU. So you don't have to ship a sample to the EU, or fly in some guys from an EU testing house. You really don't want to know what these guys cost as soon as they have to leave their office.

It doesn't solve the problem, but it makes it easier and cheaper. It's not a total alignement of legislation, but rather a first step.

http://europa.eu.int/comm/enterprise/international/indexb1.htm

<hr width=100% size=1>Group of people on the pontoon: skipper is the one with the toolbox.
http://sirocco31.tripod.com

 

[CharlesM]

I think I may have been a little to eager here. On deeper investigation, as someone has stated, it allows a US body to certify the vessel EU RCD. It still requires someone to certify the boat though.

Not as great a solution as I initially thought. Sorry for raising anyones hopes (including mine) unneccesarily.

Regards
Charles

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[Lizzie_B]

What it does mean is that the RCD standards are held in the US by the NMMA (National Marine Manufacturers Assosciation) based in Chicago. If buying a secondhand boat it means that an american yard which is a member, can obtain the information they need to modify and certify a boat under twelve metres up to and including category B of the RCD with the exception of the stability certification which must be carried out by a 'notified body' either in the USA or EU. If the builders of the vessel are still in business ( such as Catalina, C&C, Legend, Island Packet, etc), this is not too problematical as builders will supply necessary data to notified body. Unfortunately there do seem to be some companies in UK who want to wrap it all up in mystery so as to maintain a nice little income stream as 'RCD Consultants' . American Yards away from Annapolis and New York seem very much more reasonably priced than British Yards in doing this sort of work. I have come to the opinion that it is better to be patient and get as much sorted on your boat in the States, if buying there, as possible before bringing the boat home.

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