Explanatory Memorandum to COM(2013)622 - Technical requirements for inland waterway vessels

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dossier COM(2013)622 - Technical requirements for inland waterway vessels.
source COM(2013)622 EN
date 10-09-2013
1. CONTEXT OF THE PROPOSAL

Council Directive 82/714/EEC of 4 October 1982 laying down the technical requirements for inland waterway vessels i introduced harmonised conditions for issuing technical certificates for inland waterway vessels in all Member States, albeit excluding operations on the Rhine. Essentially, the technical requirements set out in the annexes to Directive 82/714/EEC incorporated 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 for most current types of vessels and are recognised as reflecting current technological developments. For competition and safety reasons it was desirable, specifically in the interests of promoting harmonisation at European level, to set a framework for such technical requirements for the whole of the EU's inland waterway network. Therefore, Directive 2006/87/EC, which has replaced Directive 82/714 EEC, ensures that Union inland navigation certificates attesting that all types of crafts are fully compliant with the aforementioned revised technical requirements are valid on all EU inland waterways, including on the Rhine and that Rhine certificates are valid on all EU inland waterways.

According to Article 3 of Directive 2006/87/EC it is mandatory when navigating on the Rhine (zone R) it is obligatory to carry either:

– a certificate issued under Article 22 of the Revised Convention for Rhine Navigation or

– a Community inland navigation certificate issued or renewed after 30 December 2008 and attesting to the full compliance of the craft with the technical requirements referred to in Annex II of Directive 2006/87/EC 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, without prejudice to the transitional provisions of the section in Annex II on 'Transitional and final provisions'.

However, the equivalence of the two certificates is difficult to maintain. They are linked to two different legal frameworks, each of which operates on a separate set of standards in accordance with its own specific rules and procedures.

In the interest of safety and in order to achieve a level playing field, progress towards a single, uniform set of technical standards is needed. This would provide more legal certainty and ensure that technical adaptations to technical progress can be introduced within a reasonable time so as to ensure that high safety standards on all EU inland waterways are maintained and that innovation in the sector is not hampered.

As the two legal regimes mentioned above operate according to their own rules and procedures, progress towards a single, uniform set of technical standards can only be achieved gradually. As a first step, it is important to separate the rules that refer to decision-making from those of a more general – non EU specific – procedural or technical nature. In the current version of the Directive, these provisions are not neatly separated, making it difficult to devise a single technical standard applicable to both legal regimes.

As a second step, it will be important to establish appropriate structures that enable the EU and CCNR to develop and maintain uniform common technical standards. Therefore, a dedicated structure needs to be created with the necessary expertise to develop technical standards within a context combining EU and CCNR Member States and associating other interested international organisations. To this effect, an administrative arrangement has been signed by the Commission services and the Secretariat General of the CCNR on 22 May 2013 which expresses the intention of both sides to establish a dedicated committee for this purpose under the auspices of the CCNR. This committee will be open to experts representing EU and CCNR member states and will also allow an adequate participation of other stakeholders.

This committee should develop technical standards. Once this dedicated Committee has been set up it would start its work in developing technical standards. The present proposal allows the Commission to take into account the technical standards developed by this dedicated Committee, by making a reference to its standards when adapting the technical requirements included in the directive to technical progress or to the work of international organisations.

If, in accordance with the administrative arrangement of 22 May 2013, the CCNR would proceed in a similar way to adapt the Rhine Vessel Inspection Regulation, allowing this Regulation to refer also to the standards of this new sui generis Committee, the administrative procedures for the maintenance of technical standards for inland navigation vessels would become more streamlined and full uniformity of standards would be achieved between the legal regimes of the EU and the Rhine.

Furthermore, there are amendments related to the fact that Directive 2006/87/EC is being reviewed for the first time after the entry into force of the Treaty of Lisbon; the new rules on delegated and implementing powers needed to be introduced.

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES



On 1 March 2013, the Commission convened a meeting with the Directors in charge of inland navigation in the Member States' administrations and in the EEA and the Secretary Generals of the River Commissions. Participants in the meeting generally welcomed the overall approach to revising governance in order to streamline updates of the technical standards for inland navigation.

2.

LEGAL ELEMENTS OF THE PROPOSAL



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 (Article 18), Adaptation of the Annexes (Article 22),

– Carrying out of technical inspections (Article 9).

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.

Furthermore, to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission, to authorise certain derogations to the technical requirements for specific craft, to approve classification societies and to approve certain additional technical requirements for certain zones that are not linked to the navigable inland waterways of another Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers.

3.

BUDGETARY IMPLICATION



The Directive has no financial impact. Certain activities linked to the Directive will be financed through other basic acts.