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1. This Regulation shall apply to cargo-carrying vessels and pusher craft providing transport services on own account or for hire or reward and registered in a Member State or, if not registered, operated by an undertaking established in a Member State. For the purposes of this Regulation, ‘undertaking’ shall mean any natural or legal person exercising an economic activity on a non-industrial or industrial scale.

2. The following shall be exempt from this Regulation:

(a) vessels operating exclusively on national waterways not linked to other waterways in the Community;

(b) vessels which, owing to their dimensions, cannot leave the national waterways on which they operate and cannot enter the other waterways of the Community (captive vessels), provided that such vessels are not likely to compete with vessels covered by this Regulation;

(c) vessels operating exclusively on the Danube (and its tributaries) up to Kelheim without leaving it;

(d) pusher craft with a motive power not exceeding 300 kilowatts;

(e) sea-going inland waterway vessels and ship-borne barges used exclusively for international or national transport operations during voyages which include a sea crossing;

(f) vessels used exclusively for storage of goods, i.e. vessels used for loading and subsequently unloading goods at the same place;

(g) dredging equipment, such as hopper vessels and pontoons and floating construction plant, provided that such equipment is not used for the carriage of goods within the meaning of Article 1;

(h) ferries;

(i) vessels providing a non-profit-making public service.

3. Each Member State concerned within the meaning of Article 3(1) may exclude its vessels with a deadweight tonnage of less than 450 tonnes from the scope of this Regulation. Where a Member State avails itself of this option, it shall notify the Commission accordingly within six months; the Commission shall inform the other Member States.