Legal provisions of COM(1997)644 - Amendment of Directive 82/714/EEC laying down technical requirements for inland waterway vessels

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dossier COM(1997)644 - Amendment of Directive 82/714/EEC laying down technical requirements for inland waterway vessels.
document COM(1997)644 EN
date December 12, 2006

Contents

Article 1 - Classification of waterways

1. For the purposes of this Directive, Community inland waterways shall be classified as follows:

(a)Zones 1, 2, 3 and 4:

(i)Zones 1 and 2: the waterways listed in Chapter 1 of Annex I;

(ii)Zone 3: the waterways listed in Chapter 2 of Annex I;

(iii)Zone 4: the waterways listed in Chapter 3 of Annex I.

(b)Zone R: those of the waterways referred to in point (a) for which certificates are to be issued in accordance with Article 22 of the Revised Convention for Rhine Navigation as that Article is worded when this Directive enters into force.

2. Any Member State may, after consulting the Commission, modify the classification of its waterways into the zones listed in Annex I. The Commission shall be notified of these modifications at least six months before their entry into force and shall inform the other Member States.

Article 2 - Scope of application

1. This Directive shall, in accordance with Article 1.01 of Annex II, apply 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 m3 or more.

2. This Directive shall also apply, in accordance with Article 1.01 of Annex II, to all of the following craft:

(a)tugs and pushers intended for towing or pushing craft referred to in paragraph 1 or floating equipment or for moving such craft or floating equipment alongside;

(b)vessels intended for passenger transport which carry more than 12 passengers in addition to the crew;

(c)floating equipment.

3. The following craft shall be excluded from this Directive:

(a)ferries;

(b)naval vessels;

(c)sea-going vessels, including sea-going tugs and pusher craft, which:

(i)operate or are based on tidal waters;

(ii)operate temporarily on inland waterways, provided that they carry:

—a certificate proving conformity with the 1974 International Convention for the Safety of Life at Sea (SOLAS), or equivalent, 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 International Convention for the Prevention of Pollution from Ships (MARPOL); or

—in the case of passenger vessels not covered by all of the Conventions referred to in the first indent, a certificate on safety rules and standards for passenger ships issued in conformity with Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships (8); or

—in the case of recreational craft not covered by all of the Conventions referred to in the first indent, a certificate of the country of which it carries the flag.

Article 3 - Obligation to carry a certificate

1. Craft operating on the Community inland waterways referred to in Article 1 shall carry:

(a)when operating on a Zone R waterway:

—either a certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation;

—or a Community inland navigation certificate issued or renewed after 30 December 2008, and attesting full compliance of the craft, without prejudice to the transitional provisions of Chapter 24 of Annex II, with technical requirements as defined in Annex II for which equivalency with the technical requirements laid down in application of the abovementioned Convention has been established according to the applicable rules and procedures;

(b)when operating on other waterways, a Community inland navigation certificate, including, where applicable, the specifications referred to in Article 5.

2. The Community inland navigation certificate shall be drawn up following the model set out in Part I of Annex V and shall be issued in accordance with this Directive.

Article 4 - Supplementary Community inland navigation certificates

1. All craft carrying a valid certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation may, subject to the provisions of Article 5(5) of this Directive, navigate on Community waterways carrying that certificate only.

2. However, all craft carrying the certificate referred to in paragraph 1 shall also be provided with a supplementary Community inland navigation certificate:

(a)when operating on Zone 3 and 4 waterways, if they wish to take advantage of the reduction in technical requirements on those waterways;

(b)when operating on Zone 1 and 2 waterways, or, in respect of passenger vessels, when operating on Zone 3 waterways that are not linked to the navigable inland waterways of another Member State, if the Member State concerned has adopted additional technical requirements for those waterways, in accordance with Article 5(1), (2) and (3).

3. The supplementary Community inland navigation certificate shall be drawn up following the model set out in Part II of Annex V and shall be issued by the competent authorities on production of the certificate referred to in paragraph 1 and under the conditions laid down by the authorities competent for the waterways concerned.

Article 5 - Additional or reduced technical requirements for certain zones

1. Each Member State may, after consulting the Commission, and where applicable subject to the requirements of the Revised Convention for Rhine Navigation, adopt technical requirements additional to those in Annex II for craft operating on Zone 1 and 2 waterways within its territory.

2. In respect of passenger vessels operating on Zone 3 waterways within its territory that are not linked to the navigable inland waterways of another Member State, each Member State may maintain technical requirements additional to those in Annex II. Amendments to such technical requirements shall require the prior approval of the Commission.

3. The additional requirements shall be restricted to the subjects listed in Annex III. The Commission shall be notified of these additional requirements at least six months before their entry into force and shall inform the other Member States.

4. Compliance with the additional requirements shall be specified in the Community inland navigation certificate referred to in Article 3 or, where Article 4(2) applies, in the supplementary Community inland navigation certificate. Such proof of compliance shall be recognised on Community waterways of the corresponding zone.

5.
(a)Where application of the transitional provisions set out in Chapter 24a of Annex II would result in a reduction in existing national safety standards, a Member State may disapply those transitional provisions in respect of inland waterway passenger vessels operating on its inland waterways that are not linked to the navigable inland waterways of another Member State. In such circumstances, the Member State may require that such vessels operating on its non-linked inland waterways comply fully with the technical requirements set out in Annex II from 30 December 2008.
(b)A Member State exercising the provision in point (a) shall inform the Commission of its decision and provide the Commission with details of the relevant national standards applying to passenger vessels operating on its inland waterways. The Commission shall inform the Member States.
(c)Compliance with the requirements of a Member State for operating on its non-linked inland waterways shall be specified in the Community inland navigation certificate referred to in Article 3 or, where Article 4(2) applies, in the supplementary Community inland navigation certificate.

6. Craft operating only on Zone 4 waterways shall qualify for the reduced requirements as specified in Chapter 19b of Annex II on all waterways in that zone. Compliance with those reduced requirements shall be specified in the Community inland navigation certificate referred to in Article 3.

7. Each Member State may, after consulting the Commission, allow a reduction of the technical requirements of Annex II for craft operating exclusively on Zone 3 and 4 waterways within its territory.

Such a reduction shall be restricted to the subjects listed in Annex IV. Where the technical characteristics of a craft correspond to the reduced technical requirements, this shall be specified in the Community inland navigation certificate or, where Article 4(2) applies, in the supplementary Community inland navigation certificate.

The Commission shall be notified of the reductions of the technical requirements of Annex II at least six months before they come into force and shall inform the other Member States.

Article 6 - Dangerous goods

Any craft carrying a certificate issued pursuant to the Regulation for the transport of dangerous substances on the Rhine (the ‘ADNR’) may carry dangerous goods throughout the territory of the Community under the conditions stated in that certificate.

Any Member State may require that craft which do not carry such a certificate shall only be authorised to carry dangerous goods within its territory if the craft comply with requirements additional to those set out in this Directive. The Commission shall be notified of such requirements and shall inform the other Member States.

Article 7 - Derogations

1. Member States may authorise derogations from all or part of this Directive for:

(a)vessels, tugs, pushers and floating equipment operating on navigable waterways not linked by inland waterway to the waterways of other Member States;

(b)craft having a dead weight not exceeding 350 tonnes or craft not intended for the carriage of goods and having a water displacement of less than 100 m3, which were laid down before 1 January 1950 and operate exclusively on a national waterway.

2. Member States may authorise in respect of navigation on their national waterways derogations from one or more provisions of this Directive for limited journeys of local interest or in harbour areas. These derogations and the journeys or area for which they are valid shall be specified in the vessel's certificate.

3. The Commission shall be notified of derogations authorised in accordance with paragraphs 1 and 2 and shall inform the other Member States.

4. Any Member State which, as a result of derogations authorised in accordance with paragraphs 1 and 2, has no craft subject to the provisions of this Directive operating on its waterways shall not be required to comply with Articles 9, 10 and 12.

Article 8 - Issuance of Community inland navigation certificates

1. The Community inland navigation certificate shall be issued to craft laid down as from 30 December 2008 following a technical inspection carried out prior to the craft being put into service and intended to check whether the craft complies with the technical requirements laid down in Annex II.

2. The Community inland navigation certificate shall be issued to craft excluded from the scope of Directive 82/714/EEC, but covered by this Directive in accordance with Article 2(1) and (2), following a technical inspection which shall be carried out upon expiry of the craft's current certificate, but in any case no later than 30 December 2018, to check whether the craft complies with the technical requirements laid down in Annex II. In Member States where the validity period of the craft's current national certificate is shorter than five years, such certificate may be issued until five years after 30 December 2008.

Any failure to meet the technical requirements laid down in Annex II shall be specified in the Community inland navigation certificate. Provided that the competent authorities consider that these shortcomings do not constitute a manifest danger, the craft referred to in the first subparagraph may continue to operate until such time as those components or areas of the craft which have been certified as not meeting those requirements are replaced or altered, whereafter those components or areas shall meet the requirements of Annex II.

3. Manifest danger within the meaning of this Article shall be presumed in particular when requirements concerning the structural soundness of the shipbuilding, the navigation or manoeuvrability or special features of the craft in accordance with Annex II are affected. Derogations as allowed for in Annex II shall not be identified as shortcomings which constitute a manifest danger.

The replacement of existing parts with identical parts or parts of an equivalent technology and design during routine repairs and maintenance shall not be considered as a replacement within the meaning of this Article.

4. Compliance of a craft with the additional requirements referred to in Article 5(1), (2) and (3) shall, where appropriate, be checked during the technical inspections provided for in paragraphs 1 and 2 of this Article, or during a technical inspection carried out at the request of the vessel's owner.

Article 9 - Competent authorities

1. Community inland navigation certificates may be issued by the competent authorities of any Member State.

2. Each Member State shall draw up a list indicating which of its authorities are competent for issuing the Community inland navigation certificates and shall notify the Commission thereof. The Commission shall inform the other Member States.

Article 10 - Carrying out of technical inspections

1. The technical inspection referred to in Article 8 shall be carried out by the competent authorities which may refrain from subjecting the craft in whole or in part to technical inspection where it is evident from a valid attestation, issued by a recognised classification society in accordance with Article 1.01 of Annex II, that the craft satisfies in whole or in part the technical requirements of Annex II. Classification societies shall only be recognised if they fulfil the criteria listed in Part I of Annex VII.

2. Each Member State shall draw up a list indicating which of its authorities are competent for carrying out technical inspections and shall notify the Commission thereof. The Commission shall inform the other Member States.

Article 11 - Validity of Community inland navigation certificates

1. The period of validity of Community inland navigation certificates shall be determined in each specific case by the authority competent for issuing such certificates in accordance with Annex II.

2. Each Member State may, in the cases specified in Articles 12 and 16 and in Annex II, issue provisional Community inland navigation certificates. Provisional Community inland navigation certificates shall be drawn up following the model set out in Part III of Annex V.

Article 12 - Replacement of Community inland navigation certificates

Each Member State shall lay down the conditions under which a valid Community inland navigation certificate which has been lost or damaged may be replaced.

Article 13 - Renewal of Community inland navigation certificates

1. The Community inland navigation certificate shall be renewed on expiry of its period of validity in accordance with the conditions laid down in Article 8.

2. For the renewal of Community inland navigation certificates issued before 30 December 2008, the transitional provisions of Annex II shall apply.

3. For the renewal of Community inland navigation certificates issued after 30 December 2008, the transitional provisions of Annex II which have come into force after the issuing of such certificates shall apply.

Article 14 - Extension of validity of Community inland navigation certificates

The validity of a Community inland navigation certificate may exceptionally be extended without a technical inspection in accordance with Annex II by the authority which issued or renewed it. Such extension shall be indicated on that certificate.

Article 15 - Issuance of new Community inland navigation certificates

In the event of major alterations or repairs which affect the structural soundness of the shipbuilding, the navigation or manoeuvrability or special features of the craft in accordance with Annex II, the latter shall again undergo, prior to any further voyage, the technical inspection provided for in Article 8. Following this inspection, a new Community inland navigation certificate stating the technical characteristics of the craft shall be issued or the existing certificate amended accordingly. If this certificate is issued in a Member State other than that which issued or renewed the initial certificate, the competent authority which issued or renewed the certificate shall be informed accordingly within one month.

Article 16 - Refusal to issue or renew, and withdrawal of, Community inland navigation certificates

Any decision to refuse to issue or renew a Community inland navigation certificate shall state the grounds on which it is based. The person concerned shall be notified thereof and of the appeal procedure and its time limits in the Member State concerned.

Any valid Community inland navigation certificate may be withdrawn by the competent authority which issued or renewed it if the craft ceases to comply with the technical requirements specified in its certificate.

Article 17 - Additional inspections

The competent authorities of a Member State may, in accordance with Annex VIII, check at any time whether a craft is carrying a certificate valid under the terms of this Directive and satisfies the requirements set out in such certificate or constitutes a manifest danger for the persons on board, the environment or the navigation. The competent authorities shall take the necessary measures in accordance with Annex VIII.

Article 18 - Recognition of navigability certificates of craft from third countries

Pending the conclusion of agreements on the mutual recognition of navigability certificates between the Community and third countries, the competent authorities of a Member State may recognise the navigability certificates of craft from third countries for navigation on the waterways of that Member State.

The issuance of Community inland navigation certificates to craft from third countries shall be carried out in accordance with Article 8(1).

Article 19 - Committee procedure

1. The Commission shall be assisted by the Committee established under Article 7 of Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway (9) (hereinafter referred to as ‘the Committee’).

2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 20 - Adaptation of the annexes and recommendations on provisional certificates

1. Any amendments which are necessary to adapt the annexes to this Directive to technical progress or to developments in this area arising from the work of other international organisations, in particular that of the Central Commission for Navigation on the Rhine (CCNR), to ensure that the two certificates referred to in Article 3(1)(a) are issued on the basis of technical requirements which guarantee an equivalent level of safety, or to take account of the cases referred to in Article 5, shall be adopted by the Commission in accordance with the procedure referred to in Article 19(2).

Those amendments shall be made rapidly in order to ensure that the technical requirements necessary for the issuing of the Community inland navigation certificate recognised for navigation on the Rhine give a level of safety equivalent to that required for the issuing of the certificate referred to in Article 22 of the Revised Convention for Rhine Navigation.

2. The Commission shall decide on recommendations from the Committee on the issuance of provisional Community inland navigation certificates in accordance with Article 2.19 of Annex II.

Article 21 - Continued applicability of Directive 76/135/EEC

For those craft outside the scope of Article 2(1) and (2) of this Directive, but falling within the scope of Article 1(a) of Directive 76/135/EEC, the provisions of that Directive shall apply.

Article 22 - National additional or reduced requirements

Additional requirements which were in force in a Member State before 30 December 2008 for craft operating within its territory on Zone 1 and 2 waterways or reduced technical requirements for craft operating within its territory on Zone 3 and 4 waterways which were in force in a Member State before that date shall continue to be in force until additional requirements in accordance with Article 5(1) or reductions in accordance with Article 5(7) of the technical prescriptions of Annex II come into force, but only until 30 June 2009.

Article 23 - Transposition

1. Member States which have inland waterways as referred to in Article 1(1) shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive with effect from 30 December 2008. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall immediately communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.

Article 24 - Penalties

Member States shall lay down a system of penalties for breaches of the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that these penalties are applied. The penalties thus provided for shall be effective, proportionate and dissuasive.

Article 25 - Repeal of Directive 82/714/EEC

Directive 82/714/EEC shall be repealed with effect from 30 December 2008.

Article 26 - Entry into force

This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 27 - Addressees

This Directive is addressed to the Member States which have inland waterways as referred to in Article 1(1).