EC on harmonised river information services (RIS) on inland waterways in the EC - Main contents

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dossier	COM(2024)33 - Amendment of Directive 2005/44/EC on harmonised river information services (RIS) on inland waterways in the EC.
document	COM(2024)33
date	January 26, 2024

(1) Directive 2005/44/EC of the European Parliament and of the Council ¹⁶ establishes a framework for the deployment and use of harmonised river information services (‘RIS’) in the Union. The deployment of RIS on inland waterways supports the safety and efficiency of transport by inland waterways, and ultimately its sustainability, by increasing the efficiency of inland waterways operations.

(2) Since the entry into force of Directive 2005/44/EC, the inland waterway sector has benefited from the provision of harmonised RIS. However, the level of harmonisation between Member States varies, while the process of introducing the necessary specifications has proved to be lengthy. At the same time, the European Green Deal ¹⁷ calls for the further development of an automated and connected multimodal mobility, and RIS should be adapted to address those new challenges. Furthermore, the Sustainable and Smart Mobility Strategy ¹⁸ proposes the revision of Directive 2005/44/EC among its measures to achieve the objective of promoting the creation of a truly smart transport system, efficient capacity allocation and traffic management. The NAIADES III action plan ¹⁹ indicates that to support the objective of inland waterways being part of a seamless system of harmonised RIS by 2030, revisions of the legal framework on RIS would aim to help close existing harmonisation and interoperability gaps with other transport modes, and contribute to improved data availability, reuse and interoperability of digital systems, in line with the European Data Strategy ²⁰. Those changes and developments as well as the experience gained in the implementation of Directive 2005/44/EC should be taken into account when adapting RIS.

(3) In the interest of adopting a coherent approach to interoperability in the public service sector, when implementing the RIS platform and other solutions in scope of this act, the principles laid down by the latest European Interoperability Framework (EIF)²¹, as mandated by Article 6 of the proposal for a Regulation of the European Parliament and of the Council laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act)²², should be followed.

(4) Regulation (EU) 1315/2013 ²³ sets up requirements for the development of the trans-European transport network (‘TEN-T’)²⁴ to achieve the smooth functioning of the internal market, and it aims to ensure that the same high-quality services are available and compatible with the systems of other transport modes along this network.

(5) Given that the majority of journeys of inland vessels are of international nature, RIS should be focused on those inland waterways being a part of the TEN-T and thus of high importance for the Union and not only those belonging to an interconnected network. Member States should be able to continue extending, on a voluntary basis, the RIS requirements to parts of their inland waterways network other than those included in the TEN-T to account for national specificities.

(6) The experience gained from the application of Directive 2005/44/EC showed that it is important to strengthen the technical specifications concerning the provision of data on navigation and voyage planning, in order to improve the quality and timeliness of information provided to RIS users. The European Reference Data Management System (‘ERDMS’) contains necessary information for the proper functioning of RIS and is set up and operated by the Commission. Member States should therefore support the operation of the ERDMS by supplying all the required data in a timely manner and revise and update them as needed at least on a yearly basis.

(7) The availability to RIS users, during navigation, of up-to-date and accurate information regarding the condition of the fairway and specific points like bridges, locks and inland ports, should improve the overall efficiency of the inland waterway sector. RIS should therefore include up-to-date exchanges of data with semi and fully automated management of infrastructure systems of locks and movable bridges as well as with port community systems of inland ports.

(8) In order for RIS to allow for interconnection with the logistics chain, it is important that information is shared not only within the inland waterway transport users, but also with systems and applications of other modes of transport. The Maritime National Single Windows (‘MNSW’) within the European Maritime Single Window environment (‘EMSWe’)²⁵ should enable harmonised ship reporting across the Union. The exchange of traffic related information, such as arrival and departure times, would ensure interoperability, multimodality, and smooth integration of inland waterway transport with the overall logistics chain. The electronic freight transport information (‘eFTI’) should form the basis for the exchange of cargo information between RIS users where required. When necessary, RIS should create links and exchange information with systems and platforms of other modes of transport.

(9) The exchange of information between inland waterway vessels and inland ports, for example on availability of port installations, operating times, or vessel and cargo information is not always optimal, which impacts the efficiency of IWT operations. Information on the availability of alternative fuel infrastructure in ports is of particular importance in promoting the environmental performance of the sector. In order to simplify and streamline the exchange of such information and improve the overall efficiency of the sector, it is important that such exchanges become part of RIS and that the necessary technical specifications are developed.

(10) The use of a single digital platform for RIS should streamline the provisions of RIS, improve efficiency in IWT operations and reduce burden for RIS providers and users. That platform (‘the RIS Platform’) should support relevant services, be a central point for the exchange of RIS information within the inland waterways sector as well as with other transport modes, and therefore become the main digital backbone for the provision of RIS in the Union. Member States should designate one or more competent authorities responsible for operating RIS Platform. These authorities are controllers for purpose of operating the RIS Platform.

(11) In order to ensure uniform conditions for introduction of the RIS Platform, implementing powers should be conferred on the Commission to set the framework for the development and the functioning of the platform. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.²⁶

(12) In order to ensure the proper and effective application of Directive 2005/44/EC, Member States should ensure that an effective procedure is in place to handle complaints. Member States’ authorities should cooperate when handling complaints involving cross-border elements (for example, incompatible standards in reporting of vessel information), as 75% of inland waterways operations includes international voyages. By analysing the subject matter of the complaints, as well as their frequency and the way and timeliness of their resolution, it can be possible to identify the extent to which the provisions of the Directive are complied with, thus supporting the monitoring of implementation by pointing to areas where implementation can be improved. It is therefore important that this information is collected and reported by the Member States to the Commission an annual basis. Any handling of complaints under this directive should be without prejudice of the competence of supervisory authorities under Union and Member States laws, including Regulation (EU) 2016/679 ²⁷ and Regulation (EU) 2018/1725²⁸.

(13) The development of technical specifications should follow a set of principles (in particular, the ones included in Annex II) in order to ensure the proper and harmonised implementation of the provisions of Directive 2005/44/EC. Those principles should outline the main elements that each RIS component should include.

(14) The requirements and technical specifications for the purposes of RIS should ensure in particular that all RIS data can be processed solely in accordance with a comprehensive, rights-based access-control system that provides assigned functionalities, that all competent authorities can have immediate access to that data in accordance with their respective regulatory competences, that appropriate technical and organisational measures are implemented to ensure that the processing by electronic means of personal data can be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council ²⁹ and Regulation (EU) 2018/1725 of the European Parliament and of the Council³⁰, including to protect against personal data breaches and that the processing of sensitive commercial information can be carried out in a way that respects the confidentiality of that information.

(15) In order to ensure the safe and optimal navigation of vessels in inland waterways, Member States should be aware of the position of all inland waterway vessels including through the use of automatic identification systems (‘AIS’) data. Member States should also exchange RIS related information to increase the efficiency of RIS and reduce reporting requirements. Where transmission and exchange of RIS related information for these purposes cannot be achieved without processing of personal data, Member States should ensure the lawfulness of the processing of those personal data in accordance with Regulation (EU) 2016/679.

(16) In order to ensure that RIS users are supplied with the necessary information concerning navigation and voyage planning, and taking account of scientific and technical progress, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in order to amend the minimum data requirements established in the Annex I to Directive 2005/44/EC.

(17) Where duly justified by an appropriate analysis and in the absence of pertinent and up-to-date international standards to ensure safety of navigation, or where changes in or the outcome of the decision-making process of the European committee for drawing up standards in the field of inland navigation (CESNI) would compromise Union interests, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the amendment of Annex III to Directive 2005/44/EC in order to provide appropriate technical specifications for RIS, in line with the principles set out in Annex II of Directive 2005/44/EC with the aim of safeguarding Union interests.

(18) The experience gained from the implementation of Directive 2005/44/EC shows that the period to introduce and update the technical specifications has been lengthy, which has impacted the performance of the sector. It is therefore important to change the process by which technical specifications are introduced.

(19) Directive (EU) 2016/1629 of the European Parliament and of the Council ³¹ introduced such a process based on technical specifications developed by the CESNI. Acting under the auspices of the Central Commission for Navigation on the Rhine (‘CCNR’) and open to experts from all Member States, CESNI ³² is responsible for drawing up the technical standards in the field of inland waterway transport. Experience has shown that CESNI has developed and updated technical requirements for inland navigation vessels in an organised and timely manner. Taking into account the expertise of CESNI and the experience from implementing Directive (EU) 2016/1629, a similar approach should be applied for Directive 2005/44/EC.

(20) In order to ensure a high level of safety and efficiency in inland navigation, to ensure the provision of RIS and to take into account scientific and technical progress and other developments in the sector, the reference to the applicable technical specifications for river information services, the European Standard for River Information Services (ES-RIS), provided it is in line with the principles of Annex II, should form and integral but not essential part of Directive 2005/44/EC, and be kept up to date. Therefore, the power to adopt acts amending Annex III to Directive 2005/44/EC in view of updating the reference to the most recent version of the ES-RIS standard and setting the date of its application should be delegated to the Commission in accordance with Article 290 TFEU.

(21) When adopting delegated acts, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making ³³. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as the experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(22) The Committee on boatmasters’ certificates for the carriage of goods and passengers by inland waterway referred to in Article 11 of Directive 2005/44/EC has been abolished. In its place, the Inland Waterway Transport Committee having expertise in standards and technical specifications in the inland waterway sector is relevant to assist the Commission within the meaning of Regulation (EU) 182/2011 of the European Parliament and of the Council ³⁴ in respect of RIS. Furthermore, this Directive introduces amendments to Article 5 and Article 12 of Directive 2005/44/EC relating to the Committee procedure that need to be reflected in an updated article. Therefore Article 11 of Directive 2005/44/EC should be amended to reflect these changes.

(23) For the purposes of better regulation and simplification, it should be possible for Directive 2005/44/EC to make reference to international standards without duplicating them in the Union legal framework.

(24) RIS has been established in the Union since 2005 and considerable experience in its development and implementation has been gathered by the Member States. Furthermore, the technical specifications necessary for the functioning of RIS are included in Annex III of Directive 2005/44/EC. In this regard, Article 12(2) of Directive 2005/44/EC should be deleted. In addition, by amending the scope of Directive 2005/44/EC to focus on the TEN-T the requirement to implement RIS is applicable on the most important waterways, creating a reliable transport network. As such, Article 12(3) of Directive 2005/44/EC should be deleted.

(25) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of establishing a framework for the provision of River Information Services (RIS) in the Union to lay down rules on the setting up, operation and technical specifications of RIS. This Directive does not go beyond what is necessary in order to achieve the objectives pursued in accordance with Article 5(4) of the Treaty on European Union.

(26) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on [XX XX 2024]³⁵.

(27) Directive 2005/44/EC should therefore be amended accordingly,