PURPOSE: to facilitate labour mobility in the inland
waterway transport sector by ensuring that skilled workers
qualifications are recognised throughout the Union.
PROPOSED ACT: Directive of the European Parliament and
of the Council.
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: inland waterway transport (IWT) is a
cost-saving and energy-efficient transport mode that could be
used more efficiently to support the European Unions energy
efficiency, growth and industrial development goals. However, its
contribution is hampered by difficulties in terms of labour
mobility, persistent vacancies and skills mismatches, which
continue in spite of attempts by the sector to tackle the problems
at bilateral and multilateral level.
Varying minimum requirements for professional
qualifications across the Member
States do not provide sufficient assurance for individual countries
as regards the recognition of professional qualifications of crew
from other Member States, in particular as this also affects the
safety of navigation.
Based on over 19 years of experience with the
implementation of Directives
96/50/EC and 91/672/EEC,
the Commission considered it necessary to propose to extend the
scope of recognition of professional qualifications beyond the
level of boat masters to all crew involved in the operation of
vessels, including on the Rhine river.
The initiative responds to long-standing calls from
the sector and Member States to revise the existing outdated legal
framework and replace it with a modern, competence-based framework.
It has been prepared under the Commissions policy framework
for promoting inland waterway transport, NAIADES
II.
IMPACT ASSESSMENT: the policy option introducing
minimum competence requirements for boatmen and boat
masters, including examination standards for training
institutes, has been chosen. This option is preferred as it offers
a more effective way to improve labour mobility than the do
nothing and the voluntary measures
options.
CONTENT: the proposal repeals Directive 91/672/EEC and
Directive 96/50/EC and provides for gradual phasing-in with
transitional measures and extends the requirements to cover all
crew in inland navigation in the EU, including on the Rhine
river.
This Directive lays down the conditions and procedures
for the certification of the qualifications of persons involved in
the operation of a vessel for the carriage of goods and passengers
by inland waterways in the Union, as well as the recognition of
such qualifications in the Member States.
Union certificate of qualification: the proposal lays down:
- the obligation for deck crew members, persons in
charge of emergency situations on board passenger vessels and
persons involved in the bunkering of liquefied natural gas-fuelled
vessels to hold certificates of qualification proving their
qualifications;
- that boat masters sailing in circumstances presenting
a particular safety hazard should hold a specific
authorisation, in particular, for sailing large convoys, sailing
liquefied natural gas-fuelled vessels, sailing in conditions of
reduced visibility, sailing on waterways with a maritime character
or sailing on waterways with specific risks for navigation. In
order to obtain such authorisation, boat masters should be required
to demonstrate additional competences.
For ensuring safety of navigation, Member States
should identify waterways with a maritime character, in
accordance with harmonised criteria. They should also have the
possibility to identify the waterways entailing specific risks for
navigation.
Member States should issue certificates of
qualification only to persons that have the minimum levels of
competence, the minimum age, the minimum medical fitness and the
navigation time required for obtaining a specific
qualification.
Recognition:
certificates of qualification, service record books and logbooks,
issued in accordance with the Rhine Navigation Personnel Regulation
under the Revised Convention for Rhine Navigation which lay down
requirements that are identical to those of this Directive should
be valid on all Union inland waterways.
To instil the necessary confidence among the Member
States in the mechanism for mutual recognition, the requirements in
terms of quality standards with respect to assessment of
competences and skills, recognition of training
programmes.
The proposal includes information on certified
qualifications in a database kept by the Commission or a designated
body is necessary to streamline the exchange of information between
the Member States and to ensure efficient implementation of the
initiative.
DELEGATED ACT: the 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.