Directive 1976/135 - Reciprocal recognition of navigability licences for inland waterway vessels - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1976/135
Original proposal	COM(1977)709
CELEX number i	31976L0135

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Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licences for inland waterway vessels

Official Journal L 021 , 29/01/1976 P. 0010 - 0012

Finnish special edition: Chapter 7 Volume 1 P. 0171

Greek special edition: Chapter 07 Volume 2 P. 0003

Swedish special edition: Chapter 7 Volume 1 P. 0171

Spanish special edition: Chapter 07 Volume 2 P. 0039

Portuguese special edition Chapter 07 Volume 2 P. 0039

COUNCIL DIRECTIVE of 20 January 1976 on reciprocal recognition of navigability licences for inland waterway vessels (76/135/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the Economic and Social Committee (2),

Whereas reciprocal recognition of navigability licences for inland waterway vessels should be achieved as a first step towards improving the safety of inland navigation in the Community;

Whereas it is necessary to establish under what circumstances and on what conditions Member States may interrupt the passage of a vessel;

Whereas it is necessary to fix a time limit for the adoption of common technical requirements, and whereas this Directive should be valid only until these common provisions come into force,

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to: (a) vessels used for goods transport and having a total dead weight of 20 metric tons or more, including tugs and pusher craft,

(b) vessels used for the transport of more than 12 passengers,

on inland waterways. This Directive shall not prejudice the provisions laid down in the Regulation on inspection of shipping on the Rhine and in the Agreement on transport of dangerous goods on the Rhine (ADNR).

Article 2

• 1. 

  Member States shall, to the extent required, lay down any necessary procedures for the issue of navigability licences.

However, a Member State may exempt from this Directive vessels which do not leave the inland waterways of its territory.

• 2. 

  Navigability licences shall be issued by the Member State in which the vessel is registered or has its home port or, failing that, by the Member State in which the owner of the vessel is domiciled. Any Member State may request another Member State to issue navigability licences for vessels operated by nationals of the former. Member States may delegate their powers to approved bodies.

• 3. 

  Navigability licences shall be made out in a Community language, and shall provide at least the information and use the system of numbering specified in the Annex.

Article 3

• 1. 

  Subject to paragraphs 3 to 6, each Member State shall recognize for navigation on its national waterways the navigability licences issued by another Member State in accordance with Article 2 on the same basis as if it had issued the licences itself.

• 2. 

  Paragraph 1 shall apply only if the licence was issued or last extended not more than five years previously and has not expired.

The certificate issued pursuant to the Regulation on inspection of shipping on the Rhine shall be accepted as evidence, within the meaning of paragraphs 3 and 5, for its full duration.

• 3. 

  Member States may require that the technical specifications laid down in the Regulation on inspection of shipping on the Rhine are complied with. They may require the certificate referred to in paragraph 2 (2) as proof of this.

• 4. 

  Member States may require vessels carrying dangerous goods as defined in the ADNR to comply with the requirements laid down in this Agreement. As proof of this, they may require that the authorization provided for in this Agreement be produced. (1)OJ No C 280, 8.12.1975, p. 71. (2)Opinion delivered...

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