PURPOSE: to a set of set of technical standards to ensure the safety of vessels navigating the inland waterways of the EU.

LEGISLATIVE ACT: Directive (EU) 2016/1629 of the European Parliament and of the Council laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC.

CONTENT: the Directive replaces Directive 2006/87/EC of the European Parliament and of the Council. It establishes the technical requirements necessary to ensure the safety of craft navigating on the inland waterways of the EU , and the classification of those inland waterways.

It does not apply to Member States where there are no inland waterways or to those whose inland waterways are little used, these being Denmark, Estonia, Ireland, Greece, Spain, Cyprus, Latvia, Malta, Portugal, Slovenia and Finland.

The new Directive contains thematic chapters on the following: (i) the scope of application, definitions, and classification of inland waterways; (ii) navigation certificates; (iii) final provisions.

Objectives of the new Directive : the previous Directive 2006/87/EC laid down technical requirements for vessels operating on the EU's inland waterway network. The Central Commission for Navigation on the Rhine (CCNR), defined the technical requirements for vessels navigating the on the Rhine in the framework of the Revised Convention for Rhine Navigation.

Directive 2006/87/EC was designed to ensure safe navigation under conditions equivalent to those covered by the Rhine rules. The Directive also aimed to ensure that Union inland navigation certificates attesting that all types of craft are fully compliant with technical requirements are valid on all EU inland waterways, including the Rhine, and that Rhine certificates are valid on all EU inland waterways.

However, it was difficult to ensure consistency between the two legal regimes , as each is governed by its own rules and procedures.

In the interests of maintaining legal certainty and achieving a level playing field, this Directive aims to: (i) streamline decision-making on the adoption of technical standards for inland waterway vessels, and (ii) standardise technical standards for both the EU and the CCNR regimes.

The Directive also aims to reduce administrative burdens for the sector and delays involved in updating technical requirements for inland waterway vessels, and encourages the safe use of new and innovative technologies.

Obtaining a navigation certificate: the new Directive provides that inland waterway vessels that want to obtain a Union certificate and navigate on Europe's inland waterways will have to comply with technical standards developed by the European Committee for drawing up standards in the field of inland navigation (CESNI). CESNI was set up under the auspices of the Central Commission for Navigation of the Rhine (CCNR) in June 2015.

CESNI adopted a first standard for inland waterway vessels in November 2015, which will be incorporated into EU law by the revised Directive. The reference to the applicable European Standard laying down Technical Requirements for Inland Navigation vessels ( ES-TRIN standard ) in this Directive should be kept up to date. The Commission will through delegated acts, update the reference to the most recent version of the ES-TRIN standard and set the date of its application.

Review: the Commission shall submit, before 7 October 2021, a report to the European Parliament and to the Council reviewing the effectiveness of the measures introduced by this Directive, particularly as regards the harmonisation of technical requirements and the development of technical standards for inland navigation.

ENTRY INTO FORCE: 06.10.2016.

TRANPOSITION: by 7.10.2018.

DELEGATED ACTS: the Commission may adopt delegated acts in respect of the amendment of the classification of a waterway and updating the reference to the most recent version of the ES-TRIN standard and setting the date of its application. The power to adopt such acts is conferred on the Commission for a period of five years (which may be tacitly extended) from 6 October 2016. The European Parliament or the Council may raise objections to the delegated act within six months of notification (which may be extended by two months). If Parliament or Council raise objections, the delegated act will not come into force.

The European Parliament adopted a legislative resolution on the Council position at first reading with a view to the adoption of a Directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC.

In line with the recommendation for second reading of the Committee on Transport and Tourism, Parliament approved, unamended, the Council position at first reading.

The Committee on Transport and Tourism adopted the recommendation for second reading contained in the report by Ivo BELET (EPP, BE) on the proposal for a directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Directive 2006/87/EC of the European Parliament and of the Council.

The committee recommended that Parliament approve the Council position in first reading .

Parliament’s priorities : in the explanatory statement accompanying the recommendation, it was recalled that Parliament was in favour of:

a uniform application of common technical requirements for inland waterway vessels in the European Union in view of ensuring a high level of safety and efficiency in inland navigation; a swift adaptation of standards to scientific and technical progress taking into account standards developed by international organisations, in particular by CESNI (European Committee for drawing up standards in inland navigation) to be established within the auspices of the Central Commission for the navigation on the Rhine.

Parliament also asked for:

a periodic three-year review of the Directive to assess the mechanisms of cooperation with the international organisations concerned; the adoption of delegated acts to introduce technical requirements for vessels powered by liquefied natural gas (LNG) in order to ensure coherence with other pieces of EU legislation, in particular with Directive 2014/94/EU on the deployment of alternative fuels.

Main results : Parliament and Council agreed on the overall aim of the directive, which is to provide a harmonised and coherent framework to ensure the same level of safety for inland waterway vessels. The two institutions both supported a rationalisation of the use of resources to develop technical standards and adapt them to scientific and technical progress making use of standards developed by international organisations in particular CESNI.

On the question of how to adapt the annexes to technical standards. Parliament could not support the use of a dynamic reference to automatically adapt the annex to the Directive to a European standard developed within CESNI. Such dynamic reference would have given an exclusive decision power to the Council, by-passing the prerogatives of the Parliament as co-legislator Parliament considered it important that the adaptation of the technical standards through the adoption of delegated acts is maintained. It should also be noted that the cooperation mechanism with CESNI will have to be reviewed within five years.

The Commission can endorse the position adopted by the Council , thus enabling the European Parliament to adopt the final text at second reading. It noted that, overall, the form of the text has changed considerably, while the substance of the original Commission proposal on navigation safety has been preserved . The Commission welcomed these improvements.

The Commission stated that most of the Council's amendments are designed to improve clarity and the implementation of the Directive. The main changes in the Council position are:

reorganising the thematic chapters, thereby improving clarity. At the Commission's request, the Council has agreed not to change the technical requirements in the annexes in such a way that they refer to the CESNI standard adopted in the course of the discussions held in the Council in November 2015; transferring detailed procedural issues from Annex II to the main body of the Directive, in addition to those already transferred in the Commission's proposal; updating the classification of inland waterways in Annex I. Sweden has inserted its classification, thus bringing its inland waterways within the scope of the Directive; modifying Article 30, listing the Member States that are excluded from the scope of the Directive because they have no inland waterways or because inland navigation is not used to a significant extent. The other Member States are covered by the Directive; strengthening the provisions on data protection in relation to the European Hull Database, in line with the opinion of the European Supervisor for Data Protection (EDPS), who was consulted by the Commission at the Council's request. Moreover, the Commission has been empowered to adopt rules on the functioning of the database by delegated acts; deleting the minor legal discrepancy with Directive 2009/100/EC, resulting in an overlap in the scope of application, has been removed by amending Directive 2009/100/EC.

The Council adopted its position at first reading with a view to the adoption of a Directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC.

This Directive establishes: (a) the technical requirements necessary to ensure the safety of craft navigating on the inland waterways of the Union; and (b) the classification of those inland waterways.

To recall, Directive 2006/87/EC of the European Parliament and of the Council lays down technical requirements for vessels operating on the EU's inland waterway network. The main objective of the proposal is to re-organise the provisions of Directive 2006/87/EC so that the decision-making mechanisms are established in the articles and the annexes contain only technical and procedural provisions.

The main objectives are to:

improve coordination and harmonisation with the technical and procedural provisions of the Central Commission for Navigation on the Rhine (CCNR), applied under the Mannheim Convention (Revised Convention for Rhine Navigation); establish a procedure to apply the technical standards developed by the European Committee for Drawing up Standards in Inland Navigation (CESNI) should be established. CESNI is organised under the auspices of the CCNR; reduce the administrative burden and delays involved in updating technical requirements for inland waterway vessels, the safe use of new and innovative technologies should be encouraged.

The Council introduced a number of amendments, notably editorial changes, which are designed to improve clarity without affecting the substance of the provisions.

Thematic chapters : the text is presented in thematic chapters concerning: (i) the scope, definitions and waterway zones; (ii) navigation certificates; (iii) vessel identification, inspections and altered technical requirement; final provisions.

Scope of application : under the Council position, the Directive shall not apply to Denmark, Estonia, Ireland, Greece, Spain, Cyprus, Latvia, Malta, Portugal, Slovenia and Finland, because they have no inland waterways or because inland navigation is not used to a significant extent.

List of Union inland waterways divided geographically into zones 1, 2 and 3 : the classification of inland waterways in Annex I has been updated. Sweden has inserted its classification, thus bringing its inland waterways within the scope of the Directive.

Closer links with the work carried out at CESNI and CCNR : the Council position stated that a European Committee for drawing up Standards in Inland Navigation (CESNI), acting under the auspices of the CCNR and open to experts from all Member States, shall be responsible for drawing up the technical standards in the field of inland navigation to which reference should be made by the Union. Furthermore, the Directive would allow the Commission to build on the technical expertise of CESNI to allow innovation in vessel technology to take place whilst ensuring the requisite level of safety.

The CCNR created CESNI in June 2015 to prepare, inter alia, technical requirements for inland waterway vessels that could be more broadly applicable in Europe. By means of Council Decision (EU) 2015/2176, the Council endorsed the first version of the technical standard developed by CESNI ( ES-TRIN 2015/1 ). The Council stated that the reference to the applicable European Standard laying down Technical Requirements for Inland Navigation vessels (ES-TRIN standard) in this Directive should be kept up-to-date. Therefore, the power to adopt acts should be delegated to the Commission in respect of updating the reference to the most recent version of the ES-TRIN standard and setting the date of its application.

Lastly, a safeguard clause is included to cover situations where there are no applicable standards or where the decision-making process of CESNI changes and would risk Union interests. In these cases the Commission could propose the technical requirements to be applied.

Data protection : the Council position tightened up the provisions on data protection in relation to the European Hull Database. The Directive now includes some essential material on the processing of personal data (the categories of data processed, the reasons for such processing, the recipients of the data, and the period for which it is retained). Moreover, the Commission has been empowered to adopt delegated acts as regards the data to be entered in the database by Member States as well as the instructions regarding the use and operation of the database.

Legal divergence with Directive 2009/100/EC : the codification of Directive 2009/100/EC on reciprocal recognition of navigability licences for inland waterway vessels has led to a situation where the scopes of Directive 2009/100/EC and Directive 2006/87/EC partially overlap. This inconsistency can be ironed out by making a minor correction to Directive 2009/100/EC.

The Council adopted its position at first reading with a view to the adoption of a Directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC.

This Directive establishes: (a) the technical requirements necessary to ensure the safety of craft navigating on the inland waterways of the Union; and (b) the classification of those inland waterways.

To recall, Directive 2006/87/EC of the European Parliament and of the Council lays down technical requirements for vessels operating on the EU's inland waterway network. The main objective of the proposal is to re-organise the provisions of Directive 2006/87/EC so that the decision-making mechanisms are established in the articles and the annexes contain only technical and procedural provisions.

The main objectives are to:

improve coordination and harmonisation with the technical and procedural provisions of the Central Commission for Navigation on the Rhine (CCNR), applied under the Mannheim Convention (Revised Convention for Rhine Navigation); establish a procedure to apply the technical standards developed by the European Committee for Drawing up Standards in Inland Navigation (CESNI) should be established. CESNI is organised under the auspices of the CCNR; reduce the administrative burden and delays involved in updating technical requirements for inland waterway vessels, the safe use of new and innovative technologies should be encouraged.

The Council introduced a number of amendments, notably editorial changes, which are designed to improve clarity without affecting the substance of the provisions.

Thematic chapters : the text is presented in thematic chapters concerning: (i) the scope, definitions and waterway zones; (ii) navigation certificates; (iii) vessel identification, inspections and altered technical requirement; final provisions.

Scope of application : under the Council position, the Directive shall not apply to Denmark, Estonia, Ireland, Greece, Spain, Cyprus, Latvia, Malta, Portugal, Slovenia and Finland, because they have no inland waterways or because inland navigation is not used to a significant extent.

List of Union inland waterways divided geographically into zones 1, 2 and 3 : the classification of inland waterways in Annex I has been updated. Sweden has inserted its classification, thus bringing its inland waterways within the scope of the Directive.

Closer links with the work carried out at CESNI and CCNR : the Council position stated that a European Committee for drawing up Standards in Inland Navigation (CESNI), acting under the auspices of the CCNR and open to experts from all Member States, shall be responsible for drawing up the technical standards in the field of inland navigation to which reference should be made by the Union. Furthermore, the Directive would allow the Commission to build on the technical expertise of CESNI to allow innovation in vessel technology to take place whilst ensuring the requisite level of safety.

The CCNR created CESNI in June 2015 to prepare, inter alia, technical requirements for inland waterway vessels that could be more broadly applicable in Europe. By means of Council Decision (EU) 2015/2176, the Council endorsed the first version of the technical standard developed by CESNI ( ES-TRIN 2015/1 ). The Council stated that the reference to the applicable European Standard laying down Technical Requirements for Inland Navigation vessels (ES-TRIN standard) in this Directive should be kept up-to-date. Therefore, the power to adopt acts should be delegated to the Commission in respect of updating the reference to the most recent version of the ES-TRIN standard and setting the date of its application.

Lastly, a safeguard clause is included to cover situations where there are no applicable standards or where the decision-making process of CESNI changes and would risk Union interests. In these cases the Commission could propose the technical requirements to be applied.

Data protection : the Council position tightened up the provisions on data protection in relation to the European Hull Database. The Directive now includes some essential material on the processing of personal data (the categories of data processed, the reasons for such processing, the recipients of the data, and the period for which it is retained). Moreover, the Commission has been empowered to adopt delegated acts as regards the data to be entered in the database by Member States as well as the instructions regarding the use and operation of the database.

Legal divergence with Directive 2009/100/EC : the codification of Directive 2009/100/EC on reciprocal recognition of navigability licences for inland waterway vessels has led to a situation where the scopes of Directive 2009/100/EC and Directive 2006/87/EC partially overlap. This inconsistency can be ironed out by making a minor correction to Directive 2009/100/EC.

The European Parliament adopted by 638 votes to 22 with 14 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Directive 2006/87/EC of the European Parliament and of the Council.

Parliament’s position adopted in first reading following the ordinary legislative procedure amended the Commission proposal as follows :

Ensure navigation safety : Parliament underlined that the existence of the different legal frameworks and timeframes for the decision-making procedures made it difficult to maintain the equivalence between the Union inland navigation certificates issued pursuant to Directive 2006/87/EC and the certificates issued pursuant to Article 22 of the Revised Convention for Rhine Navigation. Legal certainty was therefore not ensured, and this had a potentially negative impact on navigation safety.

Committee for the Elaboration of European Technical Standards: it was recalled that the Commission's services and the CCNR signed an Administrative Arrangement establishing the Committee for the Elaboration of European Technical Standards (CESTE)) to draw up technical standards in the field of inland navigation to which reference can be made by the Union and the CCNR in their respective regulations.

Adapting the annexes : in order to ensure a high level of safety and efficiency for inland navigation and to maintain the equivalence of the inland navigation certificates, the technical requirements laid down in the annexes to the directive should be kept up to date in order to take into account scientific and technical progress, and technical standards in the field of inland navigation. In order to do so, the Commission should have the power to adopt delegated acts. It should, in particular adopt by 31 December 2017, delegated acts to introduce technical requirements for vessels powered by liquefied natural gas (LNG), in order to allow efficient and safe circulation of those vessels in inland waterways.

Given that the proposed Commission directive on the deployment of alternative fuels infrastructure aims to develop the use of LNG in inland navigation, Members considered it essential to ensure consistency between the different legislation and to systematically issue navigation certificates on the basis of technical criteria established at EU level.

Union inland navigation certificates : it was specified that these must be issued by the competent authorities of the Member States.

Classification societies : the Commission must publish for the first time one year after entry into force of the directive and keep updated, a list of the classification societies.

Delegated powers : Members proposed to limit the delegation of power conferred on the Commission for a five-year period, which could be tacitly extended for an identical duration. The time-limit for objections to the delegated acts will be two months, which might be prolonged by a further two months by Parliament or Council.

Review: the Commission should submit, at the end of three years of entry into force of the directive and every three years thereafter, a report reviewing the effectiveness of the measures introduced, particularly as regards the mechanisms for cooperation with international organisations competent for inland navigation to further streamline cooperation and coordination in establishing standards.

The report shall, if appropriate, be accompanied by a legislative proposal to further streamline cooperation and coordination in establishing standards to which reference can be made in legal acts of the Union.

The Committee on Transport and Tourism adopted the report by Corien WORTMANN-KOOL (EPP, NL) on the proposal for a directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Directive 2006/87/EC of the European Parliament and of the Council.

The committee recommended that the position of Parliament adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

Ensure navigation safety : the report underlined that the existence of the different legal frameworks and timeframes for the decision-making procedures made it difficult to maintain the equivalence between the Union inland navigation certificates issued pursuant to Directive 2006/87/EC and the certificates issued pursuant to Article 22 of the Revised Convention for Rhine Navigation. Legal certainty was therefore not ensured, and this had a potentially negative impact on navigation safety.

Committee for the Elaboration of European Technical Standards: it was recalled that the Commission's services and the CCNR signed an Administrative Arrangement in 2013 to reinforce their cooperation, particularly as regards the development of technical requirements concerning inland waterway vessels. Within that framework, it has been agreed that a Committee (the Committee for the Elaboration of European Technical Standards (CESTE)) is to be established to draw up technical standards in the field of inland navigation to which reference can be made by the Union and the CCNR in their respective regulations.

Adapting the annexes : in order to ensure a high level of safety and efficiency for inland navigation and to maintain the equivalence of the inland navigation certificates, the technical requirements laid down in the annexes to the directive should be kept up to date in order to take into account scientific and technical progress, and technical standards in the field of inland navigation. In order to do so, the Commission should have the power to adopt delegated acts in respect of the adaptation of the annexes to this Directive to scientific and technical progress or to developments and updates of technical standards arising from the work of other international organisations, in particular the CCNR.

The Commission should, by 31 December 2017, adopt delegated acts concerning the introduction of specific requirements for vessels powered by liquefied natural gas (LNG ), in order to allow efficient and safe circulation of those vessels in inland waterways.

Union inland navigation certificates : it was specified that these must be issued by the competent authorities of the Member States.

Classification societies : the Commission must publish for the first time one year after entry into force of the directive and keep updated, a list of the classification societies.

Delegated powers : Members proposed to limit the delegation of power conferred on the Commission for a five-year period , which could be tacitly extended for an identical duration Review: the Commission should submit, at the end of three years of entry into force of the directive and every three years thereafter, a report reviewing the effectiveness of the measures introduced, particularly as regards the mechanisms for cooperation with international organisations competent for inland navigation to further streamline cooperation and coordination in establishing standards.

PURPOSE: to adopt a uniform set of technical standards for inland navigation vessels.

PROPOSED ACT: Directive of the European Parliament and of the Council (repealing Directive 2006/87/EC).

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Directive 2006/87/EC of the European Parliament and of the Council establishes harmonised conditions for issuing technical certificates for inland waterway vessels throughout the Union's inland waterway network. The technical requirements for vessels navigating on the Rhine river are established by the Central Commission for Navigation on the Rhine (CCNR).

The technical requirements set out in the annexes to Directive 2006/87/EC for the most part incorporate the provisions laid down in the Rhine Vessels Inspection Regulations, in the version approved in 2004 by the CCNR. The conditions and technical requirements for issuing inland navigation certificates under Article 22 of the Revised Convention on the Navigation on the Rhine are updated regularly and are recognised as reflecting current technological developments.

Maintaining two different set of rules , those for certificates issued pursuant to Article 22 of the Revised Convention on the Navigation on the Rhine and for the Union inland navigation certificate, does not ensure legal certainty and safety .

In order to achieve harmonisation at Union level and to prevent distortions of competition and varying levels of safety, it is necessary that the same technical requirements for the whole of the Union's inland waterway network should be applied and updated regularly .

IMPACT ASSESSMENT: no impact assessment was undertaken. The interested parties generally welcomed the overall approach to revising governance in order to streamline updates of the technical standards for inland navigation.

LEGAL BASIS: Article 91(1) of the Treaty on the Functioning of the European Union.

CONTENT: the proposal seeks to adopt a uniform set of technical standards for inland navigation vessels . This would provide: (i) more legal certainty; (ii) ensure that technical adaptations to technical progress can be introduced within a reasonable time; (iii) ensure that high safety standards on all EU inland waterways are maintained; (v) promote innovation in the sector.

In the context of Directive 2006/87/EC, the technical requirements for inland waterway vessels are laid down in annex II. The proposed Directive re-organises the content of the annexes so as to ensure that these only cover aspects of a technical or a procedural nature. Aspects referring to the decision-making mechanism are integrated into the main text of the Directive.

This concerns mainly the following provisions:

Equivalences and derogations : in order to accommodate alternative approaches, to promote innovation, to prevent unreasonable costs, to provide for an efficient process for issuing certificates or to take account of regional circumstances, implementing powers should be conferred on the Commission as regards the authorisation of certain derogations to the technical requirements for specific craft, to approve classification societies and to approve additional or reduced technical requirements for vessels operating in certain zones which are not linked to the navigable inland waterways of another Member State. These powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

Adaptation of the Annexes : the approach taken in this proposal is to delegate powers to the Commission in respect of adapting the annexes of this directive in light of scientific and technical progress or of developments in this area arising from the work of other international organisations, in particular that of the CCNR. In particular, the Commission should be empowered to adopt delegated acts for adapting the annexes, including for modifying the models of documents set out in the annexes to this Directive and adopting or modifying administrative instructions.

When adopting such delegated acts the Commission shall ensure that the technical requirements that have to be fulfilled for the issuance of the Union inland navigation certificate recognised for navigation on the Rhine comply with 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.

Technical inspections : the Union inland navigation certificate should be issued to a craft that passes a technical inspection carried out prior to the craft being put into service. This technical inspection should be used to check whether the craft complies with the technical requirements set out in this Directive. The competent authorities of the Member States should be entitled to carry out additional inspections at any time to verify that the craft's physical state matches the Union inland navigation certificates.

BUDGETARY IMPLICATION: the proposal h as no implication for the EU budget.

DELEGATED ACTS: this proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.