First, a big disclaimer:
I’m not a lawyer. I’m a technical and rebreather instructor based in Malta, not a legal professional. Nothing in this article is legal advice. I’m simply explaining, in plain language, how European rules around CE marking and PPE apply to rebreathers as I understand them, and what that means for divers and instructors.
If you’re making business or legal decisions, talk to a qualified lawyer in your country. If you’re making diving decisions… read on.
What does “CE-approved rebreather” actually mean?
In the EU, rebreathers are treated as Personal Protective Equipment (PPE) – life-support equipment – not toys. That brings them under two key things:
- PPE Regulation (EU) 2016/425, which says when PPE can be sold or supplied in the EU.
- The harmonised standard EN 14143 – the test standard for self-contained re-breathing diving apparatus.
Under the PPE Regulation, there’s a simple but very powerful rule:
“PPE shall only be made available on the market if… it complies with this Regulation.”
“Complies” here means it has been through proper conformity assessment, and in practice, for a rebreather, that means tested to EN 14143 by a notified body and CE marked.
The regulation also defines “making available on the market” as:
“any supply of PPE for distribution or use on the Union market in the course of a commercial activity.”
The EU’s own guidance (“Blue Guide”) then makes it very clear that this includes renting, loaning and free-of-charge supply – not just selling.
So from Brussels’ point of view:
- A rebreather is PPE.
- It may only be supplied (sold, rented, loaned as course kit) in the EU if it complies with the PPE Regulation.
- For diving CCRs, that effectively means CE-approved to EN 14143.
EU workplace rules: the “use” side of the story
There’s a second strand to this: rules about using PPE at work.
Directive 89/656/EEC (implemented into national law in places like Malta and Germany) says:
“Personal protective equipment must comply with the relevant Community provisions on design and manufacture with respect to safety and health.”
Translated into dive-centre language:
- If you’re an instructor or guide, your rebreather is work equipment and PPE.
- You’re expected to use PPE that complies with the EU design and manufacture rules – i.e. the same framework that leads to CE-marked EN 14143 units.
So even if your student turns up with their own pet rebreather, a regulator or court will still ask:
- “Did the professional in charge follow the same safety standards an employer owes to their staff?”
- “If CE-approved life-support was available, why choose to work outside that framework?”
Malta, UK: how this plays out in real life
Malta (where I’m based)
The Maltese market-surveillance authority (MCCAA) puts it bluntly on their PPE page:
“To place a PPE in the market, it needs to bear the CE marking and be accompanied by the EC declaration of conformity.”
If you’re selling or renting a non-CE rebreather in Malta, you’re going directly against that statement.
For instructors, Maltese law also implements Directive 89/656/EEC on PPE at work, so the duty to use compliant PPE applies to rebreathers used for teaching and guiding.
UK (post-Brexit quick note)
The UK has switched to UKCA marking but still accepts CE for most PPE. The HSE guidance says:
“Most new PPE placed on the GB market must be UKCA or CE marked…”
Again, the logic is the same: professional use of non-compliant life-support kit is a big red flag if anything goes wrong.
So what is a “non-CE rebreather” in EU terms?
A “non-CE rebreather” is simply:
- a unit that does not carry a valid CE mark as PPE,
- and for which the manufacturer cannot show a current EU Declaration of Conformity referencing EN 14143 under PPE Regulation 2016/425.
It might be:
- a perfectly well-engineered unit built outside the EU,
- an older design that pre-dates EN 14143:2013,
- a sidemount or custom configuration of a base unit that is CE-approved in backmount but not certified in that altered configuration,
- or a boutique / experimental unit the manufacturer never put through the CE process.
From a legal standpoint inside the EU:
- If you sell it or rent/loan it as course kit, you’re “making available non-compliant PPE on the market”, which clashes with Article 4 of the PPE Regulation.
- If you teach on it as an instructor, you’re using work PPE that does not comply with the EU design/manufacture provisions, which is very hard to defend under the PPE-at-work rules (and under your training agency’s “comply with local law” clauses).
Safety vs legality: non-CE doesn’t mean “junk” – but it does matter
It’s important to be fair:
- There are non-CE rebreathers that have done extremely serious exploration dives.
- There are CE-approved units that have been involved in accidents.
CE marking is not a magic safety shield. It is:
- a sign the unit has been tested against a clear, published standard (EN 14143),
- a sign a notified body has examined the design,
- and a legal prerequisite for placing that life-support equipment on the EU market.
From an instructor’s perspective, the question is not “can you survive a dive on a non-CE unit?” – you clearly can. The questions are:
- What happens in a fatality investigation when someone points out the unit was non-CE?
- What does your professional liability insurer say about you operating outside the PPE/CE framework?
- What does your training agency say when local law expects CE-marked PPE and you chose otherwise?
That’s where teaching on non-CE units inside the EU becomes very uncomfortable, very quickly.
How to check whether a rebreather is CE-approved
If you’re a diver thinking of buying a unit, or an instructor considering what to teach on, here’s a simple checklist:
- Look for the CE mark on the dataplate.
No CE mark at all? Treat it as non-CE. - Ask for the EU Declaration of Conformity (DoC).
It should list:- the model and specific configuration,
- reference EN 14143:2013,
- reference PPE Regulation (EU) 2016/425,
- name a notified body number (SGS, DEKRA, RINA etc.).
- Check the limits.
EN 14143 certificates typically specify:- depth range (often 0–100 m),
- temperature range (e.g. 4–34 °C),
- gas range and configuration.
- Be careful with sidemount / conversions.
A CE certificate for a backmount unit does not automatically cover sidemount, chest-mount or heavily modified rigs unless the DoC explicitly says so. Many of the “cool” sidemount units in circulation are, from a strict EU-law standpoint, non-CE PPE.
My policy at diveprism2.eu
Because I’m based in Malta and regularly train visiting divers from all over Europe, I have to think about this not just as a diver, but as:
- an instructor responsible for people underwater,
- a business owner inside the EU regulatory system.
My policy is simple:
- I teach and guide on CE-approved rebreathers, primarily the Hollis Prism 2, which is certified to EN 14143:2013 and approved for sale in the EU.
- I follow the standards of my training agencies and local regulations as far as I can interpret them.
- I keep documentation (manuals, Declarations of Conformity, etc.) on file for the units I use for training.
That doesn’t mean I think non-CE units are “bad” or that nobody should dive them. But if you’re coming to Malta to train or do deep wreck dives with me, you’ll be on CE-approved kit, with paperwork to match, because:
- it gives you better protection as a student or client,
- it gives me a much clearer position with insurers, agencies and regulators if anything ever goes wrong.
Takeaways for divers and instructors
If you only remember three things from this article, make them these:
- In EU law, rebreathers are PPE.
The core rule is: PPE may only be placed or made available on the market if it complies with PPE Regulation (EU) 2016/425 – in practice, that means CE-approved to EN 14143 for diving CCRs. - Selling or renting a non-CE rebreather in the EU is a legal problem, not just a personal choice.
Article 3(2) and the Blue Guide make it clear that “making available on the market” covers any supply, paid or free. - Teaching on non-CE rebreathers inside the EU is very hard to defend if something goes wrong.
Workplace PPE rules expect professionals to use equipment that complies with EU design/manufacture provisions, and non-CE life-support will be a major talking point in any investigation.
FAQ: Non-CE Rebreathers in the EU
Are non-CE rebreathers “illegal” in the EU?
I’m not a lawyer, but here’s the simple version:
- Selling, renting or loaning a non-CE rebreather as PPE in the EU conflicts with the PPE rules, which say PPE may only be made available on the market if it complies with the Regulation and relevant standards.
- Owning one is not automatically a crime, but once money changes hands (sale, rental, course kit) you’re in the “making available on the market” zone.
So it’s less “this brand is illegal” and more “this way of supplying and using non-CE life-support is very hard to justify under EU law.”
Can I travel to Malta with my non-CE rebreather and dive it?
From an immigration/customs point of view, people arrive all the time with all sorts of personal kit. The bigger issues are:
- Will a boat operator or centre be happy taking you on that unit?
- What does your insurance say about using non-CE life-support in EU waters?
- If something goes wrong, how does it look that you chose to dive non-CE kit when CE-approved options exist?
My policy at diveprism2.eu is to train and guide on CE-approved units. If you want to bring a non-CE unit for personal dives, that’s a separate discussion — but I won’t be teaching you on it.
If it’s just “fun dives with friends”, does anything change?
Socially, it feels different. Legally and practically:
- The PPE and product rules don’t suddenly disappear because someone writes “fun dive” on the slate.
- If there’s a serious incident, investigators won’t stop at “we were just friends”; they’ll look at who was the most experienced diver, who organised the trip, who knew what about the equipment.
If you’re the one everyone looks at as “the instructor” or “the tech guru”, you may still find yourself under a spotlight if something goes wrong on non-CE kit.
Can an instructor in the EU teach on a student’s own non-CE rebreather?
This is the grey area that causes so many arguments.
- The PPE Regulation focuses on placing / making PPE available on the market. If the student imported the unit themselves, you are not the importer.
- But as an instructor, you’re still bound by work-equipment / PPE-at-work rules and a duty of care. You’re the professional who chose to run a course on non-conforming life-support when CE-approved alternatives exist.
Agencies and insurers may well ask: “Why did you accept that risk?” That’s one reason I’ve chosen not to teach on non-CE units in Malta.
Is a sidemount or chest-mount version of a CE CCR automatically CE approved?
Often: no.
CE certification is model- and configuration-specific. A typical pattern:
- The backmount version of a CCR is CE-approved to EN 14143.
- A sidemount or chest-mount conversion uses the same head/scrubber but in a different configuration that has never been through CE testing.
From an EU paperwork perspective, that converted rig is not covered by the original CE certificate unless the Declaration of Conformity explicitly lists that configuration.
How do I know if my rebreather is CE approved?
Ask three questions:
- Is there a CE mark on the dataplate?
- Can the manufacturer give you an EU Declaration of Conformity that lists:
- your exact model/configuration,
- EN 14143, and
- PPE Regulation (EU) 2016/425 and a notified body number?
- Are you using it in the certified way? (Depth range, temperature, gas, counterlungs, etc.)
If the answer to any of those is “no” or “not sure”, treat it as non-CE from a legal standpoint, even if it’s mechanically identical to a CE version.
I’m already on a non-CE unit. Do I have to sell it?
That’s a personal call.
Things to think about:
- Do you regularly dive in EU waters or mostly elsewhere?
- Are you primarily a private diver, or do you teach, guide or organise trips?
- How do your insurers and training agency view non-CE kit?
For my own operation in Malta, the line is simple: students and guided clients are on CE-approved units. What people choose to do privately, with their own units and risk appetite, is their decision — but they should make it with their eyes open.
Why do you use the Hollis Prism 2 at diveprism2.eu?
Because it ticks the boxes I care about:
- CE-approved to EN 14143 for EU markets.
- A solid platform for deep wreck diving around Malta.
- Good manufacturer support and parts.
- Recognised by the major training agencies for PADI Tec CCR progression.
It means I can focus on skills, procedures and wrecks, not spending half my time worrying about whether the unit itself belongs in a courtroom debate.
A final word
Rebreathers are incredible tools. They open up wrecks and depths around Malta and across Europe that are simply not practical on open circuit. I love them – enough to dedicate my working life to training people properly on them.
But with that extra capability comes extra responsibility.
Whether you’re a diver shopping for your first CCR, or an instructor thinking about what you’re willing to teach on in EU waters, CE vs non-CE is not just a forum argument – it lives in black-and-white in European law.
If you’re unsure about a specific unit or training offer and how it fits into all of this, you’re welcome to contact me via diveprism2.eu and we can talk through it from a diving and training perspective. For the legal side, bring a lawyer into the conversation as well.