Directive 2013/53/EU of the European Parliament and of the CouncilShow full title

Article 2 Scope

1. This Directive shall apply to the following products:

(a) recreational craft and partly completed recreational craft;

(b) personal watercraft and partly completed personal watercraft;

(c) components listed in Annex II when placed on the Union market separately, hereinafter referred to as ‘components’;

(d) propulsion engines which are installed or specifically intended for installation on or in watercraft;

(e) propulsion engines installed on or in watercraft that are subject to a major engine modification;

(f) watercraft that are subject to major craft conversion.

2. This Directive shall not apply to the following products:

(a) with regard to the design and construction requirements set out in Part A of Annex I:

(i)

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

(ii)

canoes and kayaks designed to be propelled solely by human power, gondolas and pedalos;

(iii)

surfboards designed solely to be propelled by wind and to be operated by a person or persons standing;

(iv)

surfboards;

(v)

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

(vi)

experimental watercraft, provided that they are not placed on the Union market;

(vii)

watercraft built for own use, provided that they are not subsequently placed on the Union market during a period of five years from the putting into service of the watercraft;

(viii)

watercraft specifically intended to be crewed and to carry passengers for commercial purposes, without prejudice to paragraph 3, regardless of the number of passengers;

(ix)

submersibles;

(x)

air cushion vehicles;

(xi)

hydrofoils;

(xii)

external combustion steam powered watercraft, fuelled by coal, coke, wood, oil or gas;

(xiii)

amphibious vehicles, i.e. wheeled or track-laying motor vehicles, which are able to operate both on water and on solid land;

(b) with regard to exhaust emission requirements set out in Part B of Annex I:

(i)

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

• watercraft intended solely for racing and labelled as such by the manufacturer;

• experimental watercraft, provided that they are not placed on the Union market;

• watercraft specifically intended to be crewed and to carry passengers for commercial purposes, without prejudice to paragraph 3, regardless of the number of passengers;

• submersibles;

• air cushion vehicles;

• hydrofoils;

• amphibious vehicles, i.e. wheeled or track-laying motor vehicles, which are able to operate both on water and on solid land;

(ii)

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

(iii)

propulsion engines built for own use provided that they are not subsequently placed on the Union market during a period of five years from the putting into service of the watercraft;

(c) with regard to noise emission requirements referred to in Part C of Annex I:

(i)

all watercraft referred to in point (b);

(ii)

watercraft built for own use, provided that they are notsubsequently placed on the Union market during a period of five years from the putting into service of the watercraft.

3. The fact that the same watercraft could also be used for charter or for sports and leisure training shall not prevent it being covered by this Directive when it is placed on the Union market for recreational purposes.