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For the purpose of the recreational craft directive 94/25/EC as amended by directive 2003/44/EC:
(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 harmonized 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:
(e) ‘major craft conversion’: a conversion of a craft which:
(f) ‘means of propulsion’: the mechanical method by which the craft is driven, in particular marine propellers or water jet 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.
EXEMPTIONS
The following craft are excluded from the scope of the directive 94/25/EC as amended by 2003/44/EC
(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 suchby 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 paragraph3(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 paragraph2(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) withregard to paragraph 1(c):
CRAFT BUILD FOR OWN USE
The Department of Merchant Shipping wishes to inform all interested members of the public wishing to build a recreational craft for their own use that they should:
1) The owner should inform the Department of Merchant Shipping in advance of his/her intention for building a recreational craft for own use giving exact details of the location so as inspections to be carried out by the Department of Merchant Shipping during the construction period.
2) The owner must submit to the Department of Merchant Shipping a Builder Certificate of a Small Vessel (MS48) certified by a certifying Officer.
3) The owner of the craft must submit to the Department of Merchant Shipping details of construction drawings as well as objective evidence that the vessel was build by the prospective owner for own use (such as photographs, receipts of purchased material used for the construction etc).
With reference to the Basic Requirements (Recreational Craft) Regulations of 2003 were published in the Official Gazette number 3706 on 18/4/2003 EE Section III (I) PI 307/ 2003 and Basic Requirements (Recreational Craft) (as amended) Regulations of 2004, were published in the Official Gazette number 3853 on 30/4/2004 EE Section III (I) PI 537/ 2004, recreational craft build for own use cannot be placed on the market and put into service for a period of five (5) years.
INFORMATION
For more information on the implementation of above Regulations, the interested public can contact the offices of the Department of Merchant Shipping, Killinis Str. , Mesa Geitonia, Limassol , P.O Box 56193 , Limassol 3305, tel 25848100 fax 25848200 or email address
maritimeadmin@dms.mcw.gov.cyMore details on the provisions of the European Directives can be found on the following web pages