Considerations on COM(2024)391 -

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dossier COM(2024)391 - .
document COM(2024)391
date September  3, 2024
 
(1) The revised Convention for Navigation of the Rhine of 17 October 1868, as amended by the revision of 20 October 1963, (‘the Agreement’) entered into force on 14 April 1967. The Agreement maintains the Central Commission for the Navigation of the Rhine (‘CCNR’) and the regime for inland navigation of the Rhine established in 1815. In the framework of the CCNR, the European Committee for drawing up standards in the field of inland navigation (‘CESNI’) was created on
3 June 2015 in order to develop technical standards for inland waterways in various fields, in particular as regards vessels, information technology and crew.

(2) Directive (EU) 2016/16291 refers to the latest CESNI standards on technical requirements for inland waterway vessels, namely ES-TRIN. The CCNR also refers to the latest standards in its Rhine Regulations. Pursuant to Article 22 and 23 of the Agreement, the CCNR may adopt binding resolutions establishing technical requirements for inland waterway vessels in inland navigation of the Rhine. The standards to be adopted by CESNI will therefore be binding once the relevant binding resolutions of the CCNR make a reference to these standards.

(3) Under the Agreement, the CCNR may modify its regulatory framework related to river information services (‘RIS’) by referring to the standards adopted by the European Committee for drawing up standards in the field of inland navigation (‘CESNI’) and making those standards mandatory in the framework of the application of the Agreement.

(4) CESNI is to adopt the updated European Standard laying down Technical requirements for Inland Navigations vessels 2025/1 (‘ES-TRIN 2025/1’) and the European Standard for River Information Services 2025/1 (‘ES-RIS 2025/1’) during its session on 17 October 2024. Following this adoption, the CCNR intends to adopt a resolution amending the Rhine Regulations to refer to the ES-TRIN 2025/1 and ES-RIS 2025/1 in its plenary session on 5 December 2024. The ES-TRIN 2025/1 and ES-RIS 2025/1 replace ES-TRIN 2023/1 and ES-RIS 2023/1 accordingly.

(5) ES-TRIN 2025/1 lays down uniform technical requirements necessary to ensure the safety of inland waterway vessels. It includes provisions regarding shipbuilding, fitting out and equipment for inland waterway vessels, special provisions regarding specific categories of vessels such as passenger vessels, pushed convoys and container vessels, provisions regarding the automatic identification system equipment, provisions regarding vessel identification, a model of certificates and register, transitional provisions as well as instructions for the application of the technical standard.

(6) It is appropriate to establish the position to be taken on the Union's behalf in the CESNI and the CCNR, as the ES-TRIN 2025/1 will decisively influence the content of Union law. Article 31 and 32 of Directive (EU) 2016/1629 require the Commission to adopt delegated acts which refer to the latest version of the ES-TRIN standard and to set the date of its application. provided that Union interests are not compromised by changes in the decision-making process of CESNI.

(7) ES-RIS 2025/1 lays down uniform technical specifications and standards in order to support RIS and ensure their interoperability. The technical specifications and standards under ES-RIS 2025/1 correspond to the technical specifications and standards for which adoption is required by Directive 2005/44/EC of the European Parliament and of the Council7, in particular in the following areas: electronic chart display and information system for inland navigation, electronic ship reporting, notices to skippers, vessel tracking and tracing systems and compatibility of the equipment necessary for the use of RIS.

(8) Technical specifications for RIS are based on the technical principles set out in Annex II to Directive 2005/44/EC and take account of work carried out in this field by relevant international organisations.

(9) It is therefore appropriate to establish the position to be taken on the Union’s behalf within CESNI, as ES-RIS 2025/1 will be capable of decisively influencing the content of Union law, namely the binding technical specifications adopted within the framework of Directive 2005/44/EC.

(10) The CCNR, in an upcoming plenary session, is expected to adopt resolutions that will amend the CCNR Regulations to include a reference to ES-TRIN 2025/1 and ES-RIS 2025/1. Such amendment will be binding under international law in accordance with Articles 1 and 22 of the Convention. Therefore, it is also appropriate to establish the position to be taken on the Union’s behalf within the CCNR.

(11) To facilitate the highest level of safety in inland navigation, follow the technical evolution in this sector and ensure compatibility of requirements for vessels and compatibility of river information services in Europe it is important that the technical requirements for vessels and river information services are as harmonised as possible under different legal regimes in Europe. In particular, Member States which are also members of the CCNR, should be authorised to support decisions harmonising the CCNR rules with those applied in the Union.

(12) The Union's position is to be expressed by the Member States of the Union that are members of the CESNI and CCNR, acting jointly in the interest of the Union.