CHAPTER 1

SCOPE, DEFINITIONS AND WATERWAY ZONES

Scope of application
Article 2
1
This Directive applies to the following craft:
a
vessels having a length (L) of 20 metres or more;
b
vessels for which the product of length (L), breadth (B) and draught (T) is a volume of 100 cubic metres or more;
c
tugs and pushers intended for towing or pushing either craft referred to in points (a) and (b) or floating equipment, or intended for moving such craft or floating equipment alongside;
d
passenger vessels;
e
floating equipment.
2
This Directive does not apply to:
a
ferries;
b
naval vessels;
c
seagoing ships, including seagoing tugs and pushers, which:
1. operate or are based on tidal waters; or
2. operate temporarily on inland waterways;
provided that they carry at least:
- a certificate proving conformity with the 1974 International Convention for the Safety of Life at Sea (SOLAS), or equivalent certificate; a certificate proving conformity with the 1966 International Convention on Load Lines, or equivalent, and an international oil pollution prevention (IOPP) certificate proving conformity with the 1973/78 International Convention for the Prevention of Pollution from Ships (Marpol),
- in case of seagoing ships not covered by SOLAS the 1966 International Convention on Load Lines or Marpol, the relevant certificates and the freeboard marks required by the laws of their flag states,
- in the case of passenger vessels not covered by any of the Conventions referred to in the first indent, a certificate on safety rules and standards for passenger ships issued in conformity with Directive 2009/45/EC of the European Parliament and of the Council , or
- in the case of recreational craft not covered by any of the Conventions referred to in the first indent, a certificate of the country of which it carries the flag, demonstrating an adequate level of safety.
Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (OJ L 163, 25.6.2009, p. 1).