Regulation 21(2)

SCHEDULE 2Engines excluded from regulation 21

1.  Regulation 21 does not apply to any—

(a)equipment or other device intended to be used solely in case of an emergency including any emergency diesel engine and any diesel engine installed in a lifeboat,

(b)diesel engine installed on a ship solely engaged in voyages within United Kingdom waters provided that the engine is subject to an alternative nitrogen oxide control measure that has been approved by the Secretary of State,

(c)marine diesel engine with a power output of more than 130 kW which is installed on or in a recreational craft or personal watercraft placed on the market within the European Economic Area.

2.  In this Schedule—

“marine diesel engine” means any reciprocating internal combustion engine operating on liquid or dual fuel, to which regulations 5, 6 and 13 of Annex VI apply, including booster and compound systems, if applied;

“recreational craft” means any boat of any type intended for sports and leisure purposes of hull length from 2.5 metres to 24 metres measured according to the harmonised standard, fitted with a marine diesel engine of over 130 kW and whether used for charter or recreational boating;

“personal watercraft” means a vessel less than 4 metres in length which uses an internal combustion engine having a jet water pump as its primary source of propulsion and designed to be operated by a person sitting, standing or kneeling on, rather than within the confines of, the hull;

“placed on the market” has the same meaning as in the Directive;

“the Directive” means Directive 94/25/EC(1) of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the member states relating to recreational craft as amended by Directive 2003/44/EC of the European Parliament and of the Council of 16th June 2003(2).

(1)

O.J. L164, 30.6.1994 15 -38.

(2)

O.J. L214, 26.8.2003 18-35.