Legal framework

RCD 2013/53/EU is a European `new approach directive` which is part of the `new legislative framework`. 

EU directives, from a legal perspective, are a set of rules which must then be transposed into national legislation. For example, the Netherlands signed `Wet pleziervaartuigen` into law in 2016 to formally enforce the RCD 2013/53/EU’s rules. Each country has its own transposed version of any applicable EU directives. They can be found on the comission website (for RCD 2013/53/EU they can be found here:

The `new legislative framework` is an essential component of the European single market. Decision 768/2008/EC and Regulation 765/2008/EC form the essential cornerstones of the framework.

Regulation 765/2008/EC provides a common European approach to accreditation and market surveillance as well as the marketing of products. The regulation provides a common accreditation and notified body infrastructure to ensure conformity assessment is carried out in an appropriate and impartial manner. Whilst accreditation is not mandatory for RCD 2013/53/EU many bodies do acquire accreditation voluntarily and the common infrastructure provides confidence that a minimum quality level is reached by notified bodies regardless of geographic location. The regulation also lays down provisions for market surveillance including the famous `CE` logo.

Decision 768/2008 harmonises all the base-line provisions for CE marking including the various modules, rules for the DOC and obligations of economic operators, harmonisation of standards, the presumption of conformity and much more. All European directives that use the terms and provisions of this decision are referred to as `new approach directives` and are written in the spirit of this decision. 

Directives of this type will feature a lot of overlap with the original decision but may add or alter provisions for the specific situation of a product or market. For example, in RCD 2013/53/EU notified bodies can asses against the PCA module which does not exist in any other directive.

If you want to know more about the new legislative framework please read the CE Blue guide: Click here