The European Council Directive 94/25/EC, which is due to come into effect in June 1998 is primarily intended to eliminate technical barriers to trade by approximating design and construction standards for recreational craft throughout the Community. The Directive only addresses the construction aspect of recreational craft, and does not require compliance with safety standards to ensure the safe operation of such craft. Furthermore jet skis and water bikes are excluded from the scope of the Directive.
Proposals to amend the Directive, to include engine exhaust and sound emission requirements, are currently being discussed by the European Commission. It is intended that these requirements, if adopted, will apply to the construction of water bikes and jet skis.
The Merchant Shipping (Jet Skis and Fast Power Boat) Regulations, 1992 were introduced to enable local authorities, regional fisheries boards, harbour authorities and the Commissioners of Public Works to propose to the Department of the Marine that areas, within, or in the seas adjoining, their jurisdiction be designated as unsuitable for the operation of these craft in the interests of the safety of pleasure craft and their occupants.
The measures are available only for the protection of pleasure craft and their occupants and do not extend to the protection of swimmers, bathers or the natural environment as these matters would be beyond the scope of the Minister for the Marine and Natural Resources statutory powers.