Statutory guidance

Recreational Craft Regulations 2017: Northern Ireland

Updated 18 December 2024

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This publication is available at https://www.gov.uk/government/publications/recreational-craft-regulations-2017/recreational-craft-regulations-2017-northern-ireland

Guidance on the regulations as they apply to craft being supplied in or into Northern Ireland.

December 2024

1. Introduction

This Guide is for businesses placing recreational craft, personal watercraft and certain engines and other specified components (referred to as “products” in this document) on the market in Northern Ireland.

Under the terms of the Windsor Framework, [footnote 1] Northern Ireland (“NI”) aligns with relevant EU rules relating to the placing on the market of manufactured goods. Products placed on the NI market must follow UK law as it applies to NI. The relevant law is the Recreational Craft Regulations 2017, which apply across the UK, but some of the provisions apply differently in NI so that they implement in NI the Directive 2013/53/EU on recreational craft and personal watercraft.

This Guide is designed to help you comply with the Recreational Craft Regulations 2017, as they apply in NI. References to “the 2017 Regulations” in this document are references to the Recreational Craft Regulations 2017, as they apply in NI.

Since 16 July 2021, the EU Regulation on Market Surveillance 2019/1020 (referred to as “MSC” in this document) has replaced the market surveillance provisions in the Regulation on Accreditation and Market Surveillance 765/2008. Under the terms of the Windsor Framework, EU rules on goods listed in Annex 2 apply in NI, including MSC, which will be directly applicable in NI and applies in addition to the 2017 Regulations. MSC does not apply in Great Britain (“GB”).

Article 4 of MSC requires that an economic operator responsible for compliance must be based in the EU (or NI) in order to lawfully place certain products on the market, including recreational craft. This responsible economic operator must fulfil certain compliance tasks.

Read guidance on placing certain products on the NI market.

This guidance is relevant to manufacturers, importers and distributors of recreational craft, personal watercraft and certain engines and other specified components. It will also be of interest to consumers and notified bodies.

Products placed on the GB market (GB comprises England, Scotland and Wales) must follow the separate rules for the GB market. If you are placing products on the market in GB, you should read the relevant separate guidance.

Read guidance on the regulations in GB.

The Government is committed to providing unfettered access for qualifying NI goods to the rest of the UK market. Products that can be placed on the NI market in accordance with the 2017 Regulations, as they apply to NI, can be sold in the rest of the UK without any additional approvals. The arrangements here are explained in detail in the separate guidance for placing recreational craft and personal watercraft on the market in GB.

2. Legislative Background

Directive 2013/53/EU on recreational craft and personal watercraft was implemented into UK law with effect from 3 August 2017 by way of The Recreational Craft Regulations 2017.

The Directive continues to apply in respect of NI, under the terms of the Windsor Framework. However, the 2017 Regulations (as they apply in NI) also implement parts of the Windsor Framework which have particular provisions in them, recognising that the UK has left the EU.

There is therefore one set of UK 2017 Regulations, but some of the provisions apply differently in NI and GB. References to the 2017 Regulations in this guidance are references to those Regulations as they apply in NI.

The 2017 Regulations were amended by the Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 and The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 to give effect to the Windsor Framework as it relates to the placing on the NI market of products. [footnote 2]

3. Scope

The products covered by the 2017 Regulations are as follows:

  1. Recreational craft and partly completed recreational craft which are watercraft, excluding personal watercraft intended for sports and leisure purposes of hull length from 2.5m to 24m, regardless of the means of propulsion.
  2. Personal watercraft (e.g. jet skis) and partly completed personal watercraft, which are watercraft for sports and leisure purposes of less than 4m in hull length which use a propulsion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of the hull.
  3. Components of watercraft listed in Schedule 2.
  4. Propulsion engines.

There are a number of exclusions from the 2017 Regulations including:

  1. watercraft intended solely for racing
  2. canoes and kayaks designed to be propelled solely by human power
  3. surfboards
  4. submersibles eg submarines
  5. aircushion vehicles eg hovercraft
  6. hydrofoils
  7. amphibious vehicles

For a full list of exclusions please refer to the 2017 Regulations.

4. Responsible economic operator as defined by MSC

If a product is offered for sale or supply to NI (or EU) consumers, it is considered to be placed on the EEA market. Article 4 requires that a responsible economic operator must be based in NI (or the EU) to carry out certain compliance tasks in respect of that product. This can be the manufacturer, an importer, a manufacturer’s authorised representative, or a fulfilment service. They must carry out the compliance tasks in Article 4 and their contact details must be indicated on the equipment or on its packaging, the parcel or an accompanying document.

Read guidance on placing certain products on the NI market.

5. Obligations of manufacturers

The 2017 Regulations

A manufacturer is a person who manufactures products, or has products designed or manufactured, and markets those products under their name or trademark.

The obligations of manufacturers of recreational craft include:

1) Before placing products on the NI market or using them for their own purposes, a manufacturer must ensure that they have been designed and manufactured in accordance with the essential requirements set out in Schedule 1 of the Regulations and that they do not endanger the health and safety of persons, property or the environment when correctly maintained and used in accordance with its intended purpose.

2) The manufacturer must carry out the relevant conformity assessment procedure in Annex II of Decision 768/2008 and draw up the required technical documentation (Regulation 9 and Schedule 9).

3) Once this has been done, a manufacturer must draw up an EU declaration of conformity in the model format set out in Schedule 4. The declaration must accompany the product when the product is placed on the NI market.

4) The manufacture must affix the CE marking visibly, legibly and indelibly on the product [footnote 3] (or where not possible or warranted, in the case of components, on the packaging and the accompanying documentation), after a relevant conformity assessment procedure has been carried out.

5) Where a notified body has been involved in the conformity assessment procedure, the manufacturer must ensure that the CE marking is followed by the identification number of the Notified Body.

6) When conformity assessment has been carried out by a UK notified body, the UKNI marking (also known as the UK(NI) indication) must be affixed as well as the CE marking. A product with both the CE and the UKNI markings cannot be placed on the European Economic Area (EEA) market. There is separate guidance on when and how to use the UKNI marking. Read guidance on UKNI marking.

7) Manufacturers must keep the EU Declaration of Conformity up to date, that is, where there are changes in production these must be recorded in the technical file along with the relevant assessment of verification with the Essential Requirements. The manufacturer must be able to provide the market surveillance authority (MSA) with the relevant technical documentation for 10 years after the specific product was placed on the NI market.

8) Manufacturers must also label their products (or where not possible, on the packaging or an accompanying document) with their name, registered trade name or registered trademark and also their address. Other information required to be on the product is the type batch or serial number (or other information identifying the manufacturer) in a language that is easily understood by the end user. Where the end user is in the UK, that language must be English. This applies to all products.

9) When placing products on the NI market, a manufacturer must ensure that they are accompanied by instructions and safety information in a language which can be easily understood by the end user; for products placed onto the NI market that language must be in English.

10) Manufacturers need to consider the risks to the health and safety of consumers and other users that the product may present to determine an appropriate level of monitoring of the products they have placed on the market. They will need to consider whether sample testing is appropriate, and they will need to do this by undertaking appropriate sample testing process for investigating any complaints that the products are not in conformity with the 2017 Regulations. They will also need to keep a register of complaints and of products that are not in conformity, as well as recalls of any product.

11) Manufacturers must take action where they have reason to believe that any product is not in conformity with the 2017 Regulations; they must inform the relevant MSA which in NI is the district council, and the competent authorities of any relevant state in which the product manufacturer has made the appliance available on the market, of the risk. Manufacturers must take appropriate corrective action and co-operate with the enforcement authority. Read more information on how to notify the MSA.

12) Manufacturers that require a manufacturer’s code (MIC) in relation to watercraft identification as set out in Schedule I, 2.1 (3) must obtain one from British Marine who are authorised to issue MICs on behalf of the Secretary of State.

MSC

If a product is offered for sale or supply to NI (or EU) consumers, it is considered to be placed on the EEA market. Article 4 requires that a responsible economic operator must be based in NI (or the EU) to carry out certain compliance tasks in respect of that equipment. This can be the manufacturer, the importer, a manufacturer’s authorised representative, or a fulfilment service. The responsible economic operator must:

  1. Keep documentation: Verify that the EU declaration of conformity or declaration of performance and technical documentation have been drawn up, keep the declaration of conformity or declaration of performance at the disposal of MSAs for 10 years and ensure that the technical documentation can be made available to those authorities upon request.
  2. Provide documentation: If a reasoned request is made by an MSA, provide them with all information and documentation necessary to demonstrate the conformity of the product.
  3. Notify risk: If there is reason to believe a product presents a risk, inform the MSA.
  4. Cooperate: Cooperate with MSAs, including requests to take appropriate corrective action. If that is not possible, mitigate the risks presented by the product when they believe the product presents a risk or are requested to do so by the MSAs.

The contact details of the responsible economic operator must be indicated on the product or on its packaging, the parcel or an accompanying document.

6. Obligations of authorised representatives

A manufacturer can appoint an authorised representative to perform certain tasks on their behalf.

An authorised representative appointed by a manufacturer to represent him in either the NI or EEA markets cannot be based in GB. This means that GB based authorised representatives cannot carry out tasks on the manufacturer’s behalf for products being placed on the NI or EEA markets.

An authorised representative must comply with all the duties imposed on the manufacturer under the 2017 Regulations that they are appointed in writing by the manufacturer to perform. There are some duties that a manufacturer cannot mandate an authorised representative to perform (e.g. conformity assessment) and some that must form part of the authorised representatives mandate (e.g. retention of technical documentation).

A manufacturer remains responsible for the proper performance of any obligations the authorised representative performs on their behalf.

Any references in the 2017 Regulations to the manufacturer are to be taken to include a reference to the authorised representative including in relation to penalties for failure to comply with those duties.

7. Obligations of importers

For the purposes of the 2017 Regulations as they apply in NI, an importer is a business or person who is established in NI and places a product on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state. Therefore, a business or person based in NI who is supplied with a product from GB will be an importer under the 2017 Regulations, if they then sell that product on the NI (or EEA) markets.

As set out in Regulations 18-26 importers have a number of duties and responsibilities which are summarised below.

1) An importer must not place a product on the market unless it complies with the essential requirements. When an importer has reason to believe that products are not in conformity with the essential requirements, the importer must not place the products on the NI market. If a product presents a risk the importer must inform the manufacturer and the MSA of that risk.

2) The importer must ensure:

a. the manufacturer carried out the relevant conformity assessment procedure and has drawn up the technical documentation

b. the product is CE marked and is accompanied by the required documents

c. the manufacturer has complied with the labelling requirements imposed on the manufacturer

3) When conformity assessment has been carried out by a UK notified body, the UKNI marking (also known as the UK(NI) indication must be affixed as well as the CE marking. A product with both the CE and the UKNI markings cannot be placed on the EEA market. There is separate guidance on when and how to use the UKNI marking. Read guidance on UKNI marking.

4) The importer must ensure their name; trademark or registered trade name and a postal address at which they can be contacted are on the products. In the case of components where the size or nature of the product prevents the importer from placing this information on the product itself, he may place it on the packaging or an accompanying document.

5) The importer must ensure that when placing products on the NI market, they are accompanied by instructions which can be easily understood by consumers or other end users in the country where it is to be made available. If the product is being made available in NI, the language must be in English.

6) The importer, when appropriate, taking into account the risks to the health and safety of consumers and other users, must carry out testing of the products and must investigate complaints about products that are not in conformity with the 2017 Regulations and must keep a register of those complaints.

7) The importer must take action where they have reason to believe that products that they have placed on the NI market are not in conformity with the 2017 Regulations, and the competent authorities of any relevant state in which the importer has made the product available on the market, of the risk Where the products are considered to present a risk to consumers then the importer is required to inform the MSA (in NI these are the District Councils). Read more information on how to notify the MSA.

8) The importer must ensure that products under their responsibility are stored and transported under conditions that do not affect their conformity with the essential requirements.

9) The importer must keep a copy of the relevant technical documentation and EU declaration of conformity for a period of 10 years after the products have been placed on the NI market and must co-operate with and provide information to the enforcement authorities when requested.

8. Obligations of distributors

A distributor is any person, other than the manufacturer or importer, who makes products available on the NI market.

NI businesses which were distributors of products supplied to them from GB should now consider whether they are classified as importers under the Regulations and therefore what additional requirements they need to comply with – see section 6 above. Under the Regulations an NI business placing a product from GB on the NI market does so as an importer, not as a distributor.

1) Before making available products on the market a distributor must:

a. take due care to ensure that they are in conformity with Part 2 of the Regulations, meaning that they conform to the essential requirements and that each economic operator has complied with their duties

b. verify that the products bear the CE marking, [footnote 4] are accompanied by the required documents, the instructions and safety information

c. verify that the manufacturer and importer have complied with their labelling and identification requirements

2) They must ensure that products under their responsibility are not stored or transported in a way such as to affect their conformity with the essential requirements.

3) The distributor must take action where they have reason to believe that the products that they have made available on the NI market are not in conformity with the Regulations or which present a risk to consumers , and the competent authorities of any relevant state in which the distributor has made the product available on the market, of the risk They must inform the MSA and they must not make them available on the NI market until they meet the requirements of the Regulations. Read more information on how to notify the MSA.

4) The distributor must cooperate with and provide information to the enforcement authorities when requested.

9. Obligations of private importers

A private importer is any natural or legal person (e.g. a company) established in the EEA or NI who imports in the course of a non-commercial activity a product from outside NI or EEA with the intention of putting it into service for their own use.

If a private importer imports a product that has not previously been placed on the EEA or NI , where the manufacturer has not carried out the relevant conformity assessment procedure, the private importer will have to carry out a post construction assessment to demonstrate conformity with the 2017 Regulations, as set out in Schedule 5.

The private importer must ensure before putting a product into service that it has been designed and manufactured in accordance with the essential requirements.

The private importer must ensure that the obligations for manufacturer covering technical documentation; declaration of conformity; CE marking; [footnote 5] instructions and safety information; provision of information and cooperation have been met or carried out.

Where technical documentation is not available from the manufacturer, the private importer must have this drawn up using the appropriate expertise.

The private importer must ensure that the name and postal address of the notified body that carried out the relevant post construction assessment procedure in relation to the product is marked on the product.

10. Placing products on the market

A fully manufactured good is ‘placed on the market’ when there is a written or verbal agreement (or offer of an agreement) to transfer ownership or possession or other rights in the product. This does not require physical transfer of the good.

You can usually provide proof of placing on the market on the basis of any relevant document ordinarily used in business transactions, including:

  • contracts of sale concerning goods which have already been manufactured and meet the legal requirements
  • invoices
  • documents concerning the shipping of goods for distribution

The relevant economic operator (whether manufacturer, importer or distributor) bears the burden of proof for demonstrating when the good was placed on the market.

11. Conformity Marking

Where products are being placed on the NI market, and the manufacturer chooses to have it conformity assessed by an EU recognised body, the marking for the NI and EEA markets continues to be the CE marking.

The CE marking can continue to be used for the GB market, [footnote 6] as long as all the other rules have been met.

Where the manufacturer chooses to have the products conformity assessed by a UK Notified Body, the CE marking must be accompanied by the UKNI marking (also known as the UK(NI) indication). Products with the UKNI marking cannot be placed on the EEA market.

There is separate guidance on when and how to use the UKNI marking.

Read guidance on UKNI marking.

12. Notified Bodies

Notified Bodies are independent organisations notified to the European Commission to carry out the procedures for conformity assessment and certification set out in the 2017 Regulations.

All UK Notified Bodies have remained Notified Bodies for the purpose of CE marking products for the NI market. When these UK bodies are used for mandatory conformity assessment activity, then the manufacturer will need to affix both the CE and the UKNI marking. A product with both the CE and the UKNI markings cannot then be placed on the EEA market.

There is separate guidance on when and how to use the UKNI marking.

Read guidance on UKNI marking.

A list of EU Notified Bodies can be found on the NANDO website. If a manufacturer uses an EU recognised Notified Body from this list, then they apply only the CE marking to their product (not both the CE and UKNI markings).

Access the list of UK Notified Bodies.

13. Qualifying Northern Ireland Goods

The government is committed to providing unfettered access for qualifying NI goods to the rest of the UK market. Products that can be placed on the market in NI in accordance with the 2017 Regulations can be sold in the rest of the UK without any additional approvals. The guide to placing recreational craft and personal watercraft on the GB market has further details on these arrangements.

Read guidance on qualifying NI goods.

14. Enforcement and penalties

Enforcement

In NI, district councils are the MSAs with a duty to enforce the 2017 Regulations.

The 2017 Regulations also provide powers for the Secretary of State or a person appointed to act on their behalf to enforce the Regulations and RAMS (Regulation (EC 765/2008 which sets out requirements for market surveillance of products).

The 2017 Regulations provide the power to MSAs to take action against economic operators for products that present a risk or are not in conformity with the Regulations. There are requirements on economic operators and private importers to co-operate with the enforcement authority as appropriate on request.

Safeguard procedure

MSAs are required under the 2017 Regulations to take all appropriate measures to withdraw from the NI market, or to prohibit or restrict the supply of products bearing CE Marking which may endanger the health and safety of persons, property or the environment if the relevant economic operator does not do so. Under the safeguard procedure, the UK must inform the European Commission and EU Member States immediately of any enforcement action taken in NI where they have reason to believe that the non-compliance is not restricted to NI indicating the reasons justifying the action. This will enable Member States to take action against similar products placed on the market on their territories. Similarly, if an EU Member State initiates the procedure with respect to action taken on their territories, certain actions are required of UK MSAs and the Secretary of State. The European Commission will determine whether the action taken is justified; if so, enforcement authorities must take necessary measures to ensure the product is withdrawn from the market.

The Regulators’ Code

MSAs must have regard to the Regulators’ Code when developing the policies and operational procedures that guide their regulatory activities in this area. They should carry out their activities in a way that supports those they regulate to comply and grow, including choosing proportionate approaches that reflect risk.

In responding to non-compliance that they identify, regulators should clearly explain what the non-compliant item or activity is, the advice being given, actions required or decisions taken, and the reasons for these. Unless immediate action is needed to prevent a serious breach, regulators should provide an opportunity for dialogue in relation to the advice, requirements or decisions, with a view to ensuring that they are acting in a way that is proportionate and consistent. The Secretary of State takes account of the provisions of both the Regulators’ Code and the Growth Duty in exercising their regulatory functions.

Read the Regulators’ Code.

Penalties

A person committing an offence under the 2017 Regulations may be liable to a penalty. Penalties can include a fine or a prison sentence of up to three months for the most serious offences, or both. It is matter for the enforcement authority to decide whether prosecution is appropriate in each case taking into account the circumstances of the case and the enforcement authorities’ own policies, operational procedures and practices in line with the Regulators’ Code. Should a prosecution take place, and the economic operator is found to be in breach, it is at the discretion of the court to decide the penalties imposed on the offender.

15. European Commission Guidance

Access guidance from the European Commission.

The European Commission has produced guidance called the Blue Guide intended to contribute to a better understanding of EU product safety rules and to their more uniform and coherent application across different sectors and throughout the single market.

Access the Blue Guide from the European Commission.

16. Glossary

  • Approved Body – A conformity assessment body which has been approved by the Secretary of State or was a UK ‘Notified Body’ prior to 1 January 2021 able to carry out conformity assessment of products with a view to UKCA marking. They are not recognised by the EU (unless they have a presence in the EU) and cannot approve CE marking.
  • Authorised Representative – A person appointed in writing by a manufacturer to perform specific tasks for the manufacturer. An authorised representative can be based anywhere in the EEA or NI, but cannot be based in GB, in respect of products being supplied on the NI market. Manufacturers remain ultimately responsible for ensuring these tasks are carried out properly.
  • CE marking – The CE marking must be placed on products which are intended for the EU or NI markets and which have either been conformity assessed by an EU Notified Body or, where the Regulations permit, have been demonstrated and declared by the manufacturer as meeting the essential safety requirements.
  • Distributor – Any person in the EEA or NI supply chains, other than the manufacturer or the importer, who makes a product available in the EEA or NI markets.

  • EU Declaration of conformity – A document prepared by the manufacturer which must detail, amongst other things, the following:

    • the specific product to which the declaration is referring
    • the name and address of the manufacturer and, where applicable, their authorised representative

This must be kept by the manufacturer for a period of ten years from the date on which the product was placed on the NI market. This declaration must be made available to the enforcing authority upon request.

  • Fulfilment service – A natural or legal person offering, in the course of commercial activity, at least two of the following services: warehousing, packaging, addressing and dispatching, without having ownership of the products involved. This does not include postal, parcel or freight services. [footnote 7]
  • Importer – A person who is established in NI and places a product on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state. A person based in NI who before 1 January 2021 distributed a product from GB on the NI (or EEA) market, is now an importer if they are bringing products into NI from GB.
  • Manufacturer – A person who manufactures a product or has it designed or manufactured and markets that product under their name or trademark.
  • Market Surveillance Authority – in NI these are the District Councils.
  • Notified Body – A conformity assessment body based in the EEA which has been approved by an EEA Member State to carry out conformity assessment for placing products on the EU and NI markets; or a conformity assessment body that is based in the UK and has been approved and notified by the Secretary of State, including bodies which were notified bodies whilst the UK followed EU rules. If these UK based Notified Bodies are used, the CE marking must be accompanied by the UKNI marking and cannot be placed on the EEA market (just the NI market, or, where it is also a qualifying NI good, the GB market)
  • UKCA marking – The UK Conformity Assessed (UKCA) marking is the UK conformity marking which can be used for certain goods being placed on the GB market. Products being placed on the NI market cannot be UKCA marked and must continue to be CE marked. There are special arrangements in place to ensure NI’s unfettered access to the rest of the UK.
  • UKNI marking (also known as the UK(NI) indication) – The UKNI marking must be used along with the CE marking if manufacturers wish to use a UK Notified Body for conformity assessment. The UKNI marking allows the product to be placed on the NI market (and, under the Government’s unfettered access commitments, where the product is also a qualifying NI good, on the GB market), but not the EEA market.

17. Footnotes

  1. The “Windsor Framework” has the same meaning as set out in Joint Declaration No 01/2023 by the United Kingdom of Great Britain and Northern Ireland and the European Union in the Withdrawal Agreement Joint Committee on the Windsor Framework on 24 March 2023. ↩

  2. In 2019, the 2017 Regulations were amended by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 to fix any deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and make specific provision for the UK market. The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were then amended by the Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 to apply to GB only, and not to NI, in support of implementing the Windsor Framework. ↩

  3. Where the product is a) a watercraft, the CE marking must be affixed to the watercraft builder’s plate and mounted separately from the watercraft identification number; or b) a propulsion engine, the CE marking must be affixed on the engine. ↩

  4. When conformity assessment has been carried out by a UK notified body, the UKNI marking (also known as the (NI) indication) must be affixed as well as the CE marking. A product with both the CE and the UKNI markings cannot be placed on the EEA market. There is separate guidance on when and how to use the UKNI marking online. Read guidance on UKNI marking. ↩

  5. When conformity assessment has been carried out by a UK approved body, the UK(NI) indication must also be affixed. ↩

  6. On 1 August 2023 and 24 January 2024, the UK Government announced it would extend recognition of goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. This means that certain goods that meet EU requirements can be placed on the GB market beyond 31 December 2024. The Product Safety and Metrology etc. (Amendment) Regulations 2024 give effect to this and came into force on 1 October 2024. The legislation also provides for a ‘Fast-Track’ UKCA scheme, whereby steps taken towards CE marking will count towards UKCA marking, while UK product safety regulations remain aligned with EU product safety law. ↩

  7. Fulfilment service is defined in Article 3 of MSC and for the purposes of MSC only is considered an economic operator. There are no specific obligations on fulfilment services under the 2017 Regulations. ↩

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