Directive 94/25/EC of the European Parliament and of the Council (repealed)Show full title

[F1 Article 1 U.K. Scope and definitions

1. This Directive shall apply:

(a) with regard to design and construction, to:

(i)

recreational craft and partly completed boats;

(ii)

personal watercraft;

(iii)

components referred to in Annex II when placed on the Community market separately and when intended for installation;

(b) with regard to exhaust emissions, to:

(i)

propulsion engines which are installed or specifically intended for installation on or in recreational craft and personal watercraft;

(ii)

propulsion engines installed on or in these craft that are subject to a ‘ major engine modification ’ ;

(c) with regard to noise emissions, to:

(i)

recreational craft with stern drive engines without integral exhausts or inboard propulsion engine installations;

(ii)

recreational craft with stern drive engines without integral exhausts or with inboard propulsion installations which are subject to a major craft conversion and subsequently placed on the Community market within five years following conversion;

(iii)

personal watercraft;

(iv)

outboard engines and stern drive engines with integral exhausts intended for installation on recreational craft;

(d) for products falling under (a)(ii), (b) and (c), the provisions of this Directive shall only apply from the first placing on the market and/or putting into service after the date of entry into force of this Directive.

2. The following shall be excluded from the scope of this Directive:

(a) with regard to paragraph 1(a):

(i)

craft intended solely for racing, including rowing racing boats and training rowing boats, labelled as such by the manufacturer;

(ii)

canoes and kayaks, gondolas and pedalos;

(iii)

sailing surfboards;

(iv)

surfboards, including powered surfboards;

(v)

original historical craft and individual replicas thereof designed before 1950, built predominantly with the original materials and labelled as such by the manufacturer;

(vi)

experimental craft, provided that they are not subsequently placed on the Community market;

(vii)

craft built for own use, provided that they are not subsequently placed on the Community market during a period of five years;

(viii)

craft specifically intended to be crewed and to carry passengers for commercial purposes, without prejudice to paragraph 3(a), in particular those defined in Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels (1) , regardless of the number of passengers;

(ix)

submersibles;

(x)

air cushion vehicles;

(xi)

hydrofoils;

(xii)

External combustion steam powered craft, fuelled by coal, coke, wood, oil or gas;

(b) with regard to paragraph 1(b):

(i)

propulsion engines installed or specifically intended for installation on the following:

• craft intended solely for racing and labelled as such by the manufacturer,

• experimental craft, provided that they are not subsequently placed on the Community market,

• craft specifically intended to be crewed and to carry passengers for commercial purposes, without prejudice to paragraph 3(a), in particular those defined in Directive 82/714/EEC, regardless of the number of passengers,

• submersibles,

• air cushion vehicles,

• hydrofoils;

(ii)

original and individual replicas of historical propulsion engines, which are based on a pre-1950 design, not produced in series and fitted on craft referred to in paragraph 2(a)(v) and (vii);

(iii)

propulsion engines built for own use provided that they are not subsequently placed on the Community market during a period of five years;

(c) with regard to paragraph 1(c):

• (c) all craft referred to in point (b) of this paragraph,

• craft built for own use, provided that they are not subsequently placed on the Community market during a period of five years.

3. For the purposes of this Directive the following definitions shall apply:

(a) ‘ recreational craft ’ : any boat of any type intended for sports and leisure purposes of hull length from 2,5 m to 24 m, measured according to the harmonised standard, regardless of the means of propulsion; the fact that the same boat could be used for charter or for recreational boating training shall not prevent it being covered by this Directive when it is placed on the Community market for recreational purposes;

(b) ‘ personal watercraft ’ : a vessel less than 4 m in length which uses an internal combustion 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, a hull;

(c) ‘ propulsion engine ’ : any spark or compression ignition, internal combustion engine used for propulsion purposes, including two-stroke and four-stroke inboard, stern-drive with or without integral exhaust and outboard engines;

(d) ‘ major engine modification ’ : the modification of an engine which:

• (d) could potentially cause the engine to exceed the emission limits set out in Annex I.B. excluding routine replacement of engine components that do not alter the emission characteristics, or

• increases the rated power of the engine by more than 15 %;

(e) ‘ major craft conversion ’ : a conversion of a craft which:

• (e) changes the means of propulsion of the craft,

• involves a major engine modification,

• alters the craft to such an extent that it is considered a new craft;

(f) ‘ means of propulsion ’ : the mechanical method by which the craft is driven, in particular marine propellers or waterjet mechanical drive systems;

(g) ‘ engine family ’ : the manufacturer's grouping of engines which, through their design, are expected to have similar exhaust emission characteristics and which comply with the exhaust emissions requirements of this Directive;

(h) ‘ manufacturer ’ : any natural or legal person who designs and manufactures a product covered by this Directive or who has such a product designed and/or manufactured with a view to placing it on the market on his own behalf;

(i) ‘ authorised representative ’ : any natural or legal person established in the Community who has received a written mandate from the manufacturer to act on his behalf with regard to the latter's obligation under this Directive.]

Textual Amendments

F1 Substituted by Directive 2003/44/EC of the European Parliament and of the Council of 16 June 2003 amending Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (Text with EEA relevance).

(1)

[F1 OJ L 301, 28.10.1982, p. 1 . Directive as amended by the 1994 Act of Accession.]

Textual Amendments

F1 Substituted by Directive 2003/44/EC of the European Parliament and of the Council of 16 June 2003 amending Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (Text with EEA relevance).