Directive of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (2006/87/EC)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee⁽¹⁾,

Following consultation of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty⁽²⁾,

Whereas:

Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels⁽³⁾ introduced harmonised conditions for issuing technical certificates for inland waterway vessels in all Member States, albeit excluding operations on the Rhine. Nevertheless, at European level, various technical requirements for inland waterway vessels have remained in force. Up to now, the coexistence of various international and national regulations has obstructed efforts to ensure mutual recognition of national navigation certificates without the need for an additional inspection of foreign vessels. Furthermore, the standards contained in Directive 82/714/EEC, in part, no longer reflect current technological developments.
Essentially, the technical requirements set out in the annexes to Directive 82/714/EEC incorporate the provisions laid down in the Rhine Vessel Inspection Regulation, in the version approved by the Central Commission for Navigation on the Rhine (CCNR) in 1982. The conditions and technical requirements for issuing inland navigation certificates under Article 22 of the Revised Convention for Rhine Navigation have been revised regularly since then and are recognised as reflecting current technological developments. For competition and safety reasons it is desirable, specifically in the interests of promoting harmonisation at European level, to adopt the scope and content of such technical requirements for the whole of the Community's inland waterway network. Account should be taken in this regard of the changes that have occurred in that network.
Community inland navigation certificates attesting the full compliance of vessels with the aforementioned revised technical requirements should be valid on all Community inland waterways.
It is desirable to ensure a greater degree of harmonisation between the conditions for the issuing of supplementary Community inland navigation certificates by Member States for operations on Zone 1 and 2 waterways (estuaries), as well as for operations on Zone 4 waterways.
In the interests of passenger transport safety, it is desirable that the scope of Directive 82/714/EEC be extended to include passenger vessels designed to carry more than 12 passengers, along the lines of the Rhine Vessel Inspection Regulation.
In the interests of safety, harmonisation of standards should be at a high level and should be achieved in such a way so as not to result in any reduction in safety standards on any Community inland waterway.
It is appropriate to provide for a transitional regime for vessels in service not yet carrying a Community inland navigation certificate when subjected to a first technical inspection under the revised technical requirements established by this Directive.
It is appropriate, within certain limits and according to the category of vessel concerned, to determine the period of validity of Community inland navigation certificates in each specific case.
The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission⁽⁴⁾.
It is necessary that the measures provided for in Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licenses for inland waterway vessels⁽⁵⁾ remain in force for those vessels not covered by this Directive.
Given that some vessels fall within the scope of Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft⁽⁶⁾ as well as of this Directive, the annexes of the two Directives should be adjusted by the relevant committee procedures as soon as possible if there are any contradictions or inconsistencies between the provisions of those Directives.
In accordance with point 34 of the Interinstitutional Agreement on better law-making⁽⁷⁾, Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public.
Directive 82/714/EEC should be repealed,

HAVE ADOPTED THIS DIRECTIVE:

Article 1 Classification of waterways

1.

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

Zones 1, 2, 3 and 4:
1. Zones 1 and 2: the waterways listed in Chapter 1 of Annex I;
2. Zone 3: the waterways listed in Chapter 2 of Annex I;
3. Zone 4: the waterways listed in Chapter 3 of Annex I.
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:

vessels having a length (L) of 20 metres or more;
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:

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;
vessels intended for passenger transport which carry more than 12 passengers in addition to the crew;
floating equipment.

3.

The following craft shall be excluded from this Directive:

ferries;
naval vessels;
sea-going vessels, including sea-going tugs and pusher craft, which:
1. operate or are based on tidal waters;
2. 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:

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;
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:

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

Article 7 Derogations

Article 8 Issuance of Community inland navigation certificates

Article 9 Competent authorities

Article 10 Carrying out of technical inspections

Article 11 Validity of Community inland navigation certificates

Article 12 Replacement of Community inland navigation certificates

Article 13 Renewal of Community inland navigation certificates

Article 14 Extension of validity of Community inland navigation certificates

Article 15 Issuance of new Community inland navigation certificates

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

Article 17 Additional inspections

Article 18 Recognition of navigability certificates of craft from third countries

Article 19 Committee procedure

Article 20 Adaptation of the Annexes and recommendations on provisional certificates

Article 21 Continued applicability of Directive 76/135/EEC

Article 22 National additional or reduced requirements

Article 23 Transposition

Article 24 Penalties

Article 25 Repeal of Directive 82/714/EEC

Article 26 Entry into force

Article 27 Addressees

LIST OF ANNEXES

ANNEX ILIST OF COMMUNITY INLAND WATERWAYS DIVIDED GEOGRAPHICALLY INTO ZONES 1, 2, 3 AND 4

ANNEX IIMINIMUM TECHNICAL REQUIREMENTS APPLICABLE TO VESSELS ON INLAND WATERWAYS OF ZONES 1, 2, 3 AND 4

Appendix I

Appendix IIAdministrative instructions

ADMINISTRATIVE INSTRUCTION No 1Requirements relating to the capacity for taking evasive action and turning capacity(Articles 5.09 and 5.10 in conjunction with Articles 5.02(1), 5.03(1), 5.04 and 16.06 of Annex II)

ADMINISTRATIVE INSTRUCTION No 2Requirements concerning prescribed (forward) speed, stopping capacity and capacity for going astern(Articles 5.06, 5.07 and 5.08 in conjunction with Articles 5.02(1), 5.03(1), 5.04 and 16.06 of Annex II)

ADMINISTRATIVE INSTRUCTION No 3Requirements for coupling systems and coupling devices for craft suitable for propelling or being propelled in a rigid assembly(Articles 16.01, 16.02, 16.06, 16.07 of Annex II)

ADMINISTRATIVE INSTRUCTION No 4

ADMINISTRATIVE INSTRUCTION No 5

ADMINISTRATIVE INSTRUCTION No 6

ADMINISTRATIVE INSTRUCTION No 7Special anchors with reduced mass(Article 10.01(5) of Annex II)

ADMINISTRATIVE INSTRUCTION No 8Strength of watertight windows(Article 15.02(16) of Annex II)

ADMINISTRATIVE INSTRUCTION No 9Requirements for automatic pressurised water sprinklers(Article 10.03a(1) of Annex II)

ADMINISTRATIVE INSTRUCTION No 10

ADMINISTRATIVE INSTRUCTION No 11Completion of the Community Certificate

ADMINISTRATIVE INSTRUCTION No 12Fuel tanks on floating equipment(Article 8.05(1) and Article 17.02(1)(d) of Annex II)

ADMINISTRATIVE INSTRUCTION No 13Minimum hull thickness of barges(Article 3.02(1) of Annex II)

ADMINISTRATIVE INSTRUCTION No 14

ADMINISTRATIVE INSTRUCTION No 15Steerageway under vessel’s own power(Article 10.03b(2)(a), Article 15.07(1), Article 22a.05(1)(a) of Annex II)

ADMINISTRATIVE INSTRUCTION No 16

ADMINISTRATIVE INSTRUCTION No 17Appropriate fire alarm system(Article 10.03b(3), Article 15.11(17), Article 22b.11(1) of Annex II)

ADMINISTRATIVE INSTRUCTION No 18Proof of buoyancy, trim and stability of the separated parts of a vessel(Article22a.05(2), in conjunction with Article 22.02 and Article 22.03 of Annex II)

ADMINISTRATIVE INSTRUCTION No 19

ADMINISTRATIVE INSTRUCTION No 20Equipment for vessels to be operated according to standards S1 and S2(Article 23.09 of Annex II)

ADMINISTRATIVE INSTRUCTION No 21Requirements for low-location lighting(Article 15.06(7); Article 22b.10(d) of Annex II)

ADMINISTRATIVE INSTRUCTION No 22Specific safety needs of persons with reduced mobility(Article 1.01(104), Article 15.01(4), Article 15.06(3) to (5), (9), (10), (13) and (17), Article 15.08(3), Article 15.10(3), Article 15.13(1) to (4) of Annex II)