Considerations on COM(2024)59 - EU position in the European Committee for drawing up Standards in the field of Inland Navigation and in the Central Commission for the Navigation of the Rhine on the adoption of standards concerning professional qualifications in inland navigation

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dossier COM(2024)59 - EU position in the European Committee for drawing up Standards in the field of Inland Navigation and in the Central ...
document COM(2024)59
date March 25, 2024
 
(1) The revised Convention for Navigation of the Rhine of 17 October 1868, as amended by the revision of 20 October 1963, (‘the Agreement’) entered into force on 14 April 1967. The Agreement maintains the Central Commission for the Navigation of the Rhine (‘CCNR’) and the regime for inland navigation of the Rhine established in 1815. In the framework of the CCNR, the European Committee for drawing up standards in the field of inland navigation (‘CESNI’) was created on 3 June 2015 in order to develop technical standards for inland waterways in various fields, in particular as regards vessels, information technology and crew.

(2) The adoption of standards by CESNI does not have direct legal effect, but Directive (EU) 2017/23971 refer to the latest CESNI standards on profession qualification, namely ES-QIN. The CCNR also refers to the latest standards in its Regulations for Rhine Navigation Personnel (‘RPN’)2. Pursuant to Article 17, 46 of the Agreement, the Central Commission for the Navigation of the Rhine (‘CCNR’) may adopt binding resolutions establishing requirements for professional qualifications in inland navigation of the Rhine.

(3) CESNI is to adopt the updated European Standard for Qualifications in Inland Navigation 2024/1 (‘ES-QIN 2024/1’) during its session on 11 April 2024. Following this adoption, the CCNR intends to adopt a resolution amending the RPN to refer to the ES-QIN 2024/1 in its plenary session on 13 June 2024. The ES-QIN 2024/1 replaces the ES-QIN 2019.

(4) The ES-QIN 2024/1 provide for an update of the minimum harmonised European standards necessary to facilitate mobility, to ensure the safety of navigation and to ensure the protection of human life and the environment. These standards are now updated in terms of requirements for sailing on waters with maritime character. They also include updated references to the ‘European Standard laying down Technical Requirements for Inland Navigation vessels’ and ‘European Standard for River Information Services’. Finally, editorial clarifications adding to legal certainty have been made.

(5) It is appropriate to establish the position to be taken on the Union's behalf in the CESNI and the CCNR, as the ES-QIN 2024/1 will decisively influence the content of Union law. Article 32 and 34 Directive (EU) 2017/2397 require the Commission to adopt delegated and implementing acts which refer to the latest version of the CESNI standards of professional qualification provided that these standards are available and up-to-date, comply with the requirements set out in the Annexes of the said directive and Union interests are not compromised by changes in the decision-making process of CESNI. Furthermore, Article 10 of that Directive foresees the recognition of documents issued in accordance with the RPN which lay down requirements that are identical to those of the Directive.

(6) To facilitate mobility, to ensure the safety of navigation and to ensure the protection of human life and the environment, it is important that the technical requirements for crew members are as harmonised as possible under different legal regimes in Europe. In particular, Member States which are also members of the CCNR, should be authorised to support decisions harmonising the CCNR rules with those applied in the Union.

(7) The Union's position is to be expressed by the Member States of the Union that are members of the CESNI and CCNR, acting jointly in the interest of the Union.