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1. Kerngegevens

Document date	15-04-2016
Publication date	15-04-2016
Reference	7759/1/16 REV 1
From	General Secretariat of the Council
External link	original article
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2. Text

Council of the European Union Brussels, 15 April 2016 (OR. en)

7759/1/16

Interinstitutional File: REV 1

2013/0302 (COD)

TRANS 101 MAR 110 CODEC 406

'I/A' ITEM NOTE

From: General Secretariat of the Council

To: Permanent Representatives Committee/Council

Subject: Proposal for 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 of the

European Parliament and of the Council - Political agreement

Revision N° 1 of the I/A Item Note 7759/16:

1.

On 10 September 2013, the Commission transmitted the above-mentioned proposal to the
European Parliament and to the Council.

2.

The European Parliament's Committee on Transport and Tourism (TRAN) appointed Ms
Corien Wortmann-Kool (EPP, NL) as rapporteur during the 7th term. The European Parliament adopted its first reading opinion on 15 April 2014. For the 8th term Mr Ivo Belet (EPP, BE) took over the duties of the rapporteur.

3.

The Council adopted its general approach at the meeting of TTE Council on 11 June 2015, as set out in document 9008/1/15 REV 1.

4.

At the trilogue on 17 March 2016 a provisional agreement with the European Parliament was reached. The Permanent Representatives Committee approved the agreement on 23 March
2016.

5.

With his letter dated 7 April 2016, the Chair of the committee responsible for the proposal in the European Parliament confirmed the provisional agreement.

6.

The agreed text is attached to this report. It will be subsequently revised by lawyer-linguists in view of adoption of the position of the Council at first reading.

7.

The Permanent Representatives Committee is invited to endorse the political agreement on this proposal and to submit the agreement for adoption at the FAC Council on 13 May 2016.

ANNEX

2013/0302 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of …

laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article

91(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee 1 ,

Having regard to the opinion of the Committee of the Regions 2 ,

Acting in accordance with the ordinary legislative procedure 3 ,

1 OJ C 177, 11.6.2014, p. 58.

2 OJ C 126, 26.4.2014, p. 48.

3 …..

Whereas:

(1) Directive 2006/87/EC of the European Parliament and of the Council 4 establishes

harmonised conditions for issuing technical certificates for inland waterway vessels throughout the Union's inland waterways.

(2) The technical requirements for vessels navigating on the Rhine river are established by the Central Commission for Navigation on the Rhine (CCNR).

(3) 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.

(4) Given the different legal frameworks and timeframes for the decision-making procedures, it is 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 is therefore not ensured, and

this has a potentially negative impact on navigation safety.

(5) In order to achieve harmonisation at Union level and to prevent distortions of competition and varying levels of safety, the same technical requirements for the whole of the Union's inland waterways should be applied and updated regularly.

4 Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006

laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (OJ L 389, 30.12.2006, p. 1).

(6) Since the CCNR has built up significant expertise in developing and updating technical requirements for inland navigation vessels, that expertise should be fully used for the inland waterways in the Union. A European Committee for drawing up Standards in Inland

Navigation (CESNI), under the auspices of the CCNR and open to experts from all Member States of the Union, draws up technical standards in the field of inland navigation to which reference should be made by the Union.

(7) Union inland navigation certificates attesting that craft are fully compliant with the technical requirements should be valid on all Union inland waterways.

(8) The conditions for the issuing of supplementary Union inland navigation certificates by

Member States for operations on Zone 1 and 2 waterways (estuaries) and for operations on Zone 4 waterways should be harmonised more closely.

(9) In the interest of safety, standards should be harmonised at a high level and in such a way that there is no reduction in safety standards on the Union inland waterways. However,

Member States should be allowed, after consulting the Commission, to establish specific provisions concerning additional or reduced technical requirements for certain zones provided that such measures are limited to the specific subjects set out in Annexes III and IV.

(10) While maintaining an adequate level of safety, Member States should have the possibility to derogate from this Directive in certain cases related to navigable waterways not linked to the inland waterways of other Member States or to certain craft that operate exclusively on a

national waterway. Where such derogations cover all craft navigating in a Member State, it would be a disproportionate and unnecessary obligation for that Member State to transpose all of the obligations set out in this Directive. Member States cannot issue Union inland navigation certificates unless the respective obligations under this Directive have been transposed.

(11) Derogations from this Directive and recognition of equivalences for specific craft should be possible to accommodate alternative approaches or to promote innovation or to prevent

unreasonable costs, provided that depending on the circumstances equivalent or adequate safety is ensured. To ensure that uniform conditions are applied, implementing powers should be conferred on the Commission on this matter. The Commission should have the possibilty to refer to recommendations by CESNI on such derogations and equivalences.

(12) For reasons of administrative, technical and economic efficiency Member States have the possibility to designate competent authorities for ensuring conformity with this Directive and its correct application in accordance with their national practices.

(13) 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 at any

time to control such a compliance and the availability onboard of a valid inland navigation

certificate.

(14) It is appropriate, within certain time limits and depending on the category of craft concerned, to determine the period of validity of Union inland navigation certificates in each specific case.

(15) Detailed provisions concerning the replacement, renewal, extension of validity and issuance of new Union inland navigation certificates need to be established, within certain limits, in order to maintain a high degree of safety in inland navigation.

(16) To ensure efficient application of this Directive, information relating to inland waterway craft should be entered into the European Hull Data Base for the use of competent

authorities. The European Hull Data Base should provide notably an option to verify the history of any pending applications for certificates and an information on all valid certificates already issued to the craft in question. The Commission should keep and adapt the European Hull Data Base so that it can fully serve the application of this Directive.

(17) The measures set out in Directive 2009/100/EC of the European Parliament and of the

Council 5 need to remain in force for vessels not covered by this Directive.

(18) The scope of Directive 2009/100/EC should be adapted to endorse its complementary scope with this Directive and to take account of developments regarding international agreements. As this would improve the clarity of Union legislation, Directive 2009/100/EC should be

amended.

(19) A transitional regime should be applied in the case of craft in service not yet carrying a

Union inland navigation certificate when they undergo a first technical inspection under the revised technical requirements established by this Directive.

(20) For the purposes of better regulation and simplification, it should be possible for this

Directive to make reference to international standards without duplicating them in the Union legal framework.

(21) CESNI has been established to facilitate harmonisation of technical standards applied in the inland waterway sector across Europe. In order to ensure a high level of safety and

efficiency in inland navigation, to maintain the equivalence of the inland navigation certificates and to take into account scientific and technical progress and other developments in the sector, the reference to the applicable CESNI technical standard in this Directive should be kept up-to-date. Therefore, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of updating the reference to the most recent version of the CESNI ES-TRIN standard and setting the date of its application.

5 Directive 2009/100/EC of the European Parliament and of the Council 16 September 2009

on reciprocal recognition of navigability licences for inland waterway vessels (OJ L 259, 2.10.2009, p. 8).

(22) Where duly justified by an appropriate analysis and in the absence of pertinent and up-todate international standards to ensure safety of navigation, or where changes in the decision– making process of 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 amending, in order to safeguard Union interests, Annex II to this Directive by providing appropriate technical requirements.

(23) In order to amend or supplement certain non-essential elements of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of [the amendment of the classification of a waterway; the further specification of

the data to be entered in the European Hull Data Base, the types of access to as well as the instructions regarding the use and operation of this data base; the updating of the minimum technical requirements of inland waterways craft, and the amendment of Annexes III and IV to take account of scientific and technical progress, of Annex V to update and streamline its procedural provisions and of Annex VI to modify the criteria for the recognition of classification societies in order to ensure safety of navigation, as well as the amendment of any references in this Directive to Annexes II and V made necessary by the adoption of delegated acts].

(24) 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 on Better Law-Making of [15 March 2016 tbc]. 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 Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(25) 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 recognise 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 6 .

(26) In order to ensure an appropriate framework for coordination and cooperation with international organisations competent for inland waterway navigation, in particular the CCNR, and the development of uniform technical standards for inland navigation to which the Union and international organisations could refer, this Directive should be subject to review, particularly as regards the effectiveness of the measures introduced by this Directive, as well as the mechanisms for cooperation with international organisations competent for inland navigation, with a view to achieving a single, uniform set of technical standards.

(27) In Denmark, Estonia, Ireland, Greece, Spain, Cyprus, Latvia, Malta, Portugal, Slovenia and Finland there are no inland waterways or inland navigation is not used to a significant

extent. It would therefore be a disproportionate and unnecessary obligation for those Member States to transpose and implement this Directive.

6 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 (OJ L 55, 28.2.2011, p. 13).

(28) Since the objective of this Directive, namely establishing the technical provisions necessary to ensure the safety of craft navigating on the inland waterways of the Union, cannot be

sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(29) Directive 2006/87/EC should therefore be repealed,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER 1 SCOPE, DEFINITIONS AND WATERWAY ZONES

Article 1

Subject matter

This Directive establishes:

(a) the technical provisions necessary to ensure the safety of craft navigating on the inland waterways referred to in Article 4; and

(b) the classification of those inland waterways.

Article 2

Scope of application

1.

This Directive applies to the following craft:
(a) vessels having a length (L) of 20 metres or more;

(b) vessels for which the product of length (L), breadth (B) and draught (T) is a volume of 100 cubic metres or more;

(c) tugs and pushers intended for towing or pushing craft as defined in Article 3 or floating equipment or for moving such craft or floating equipment alongside;

(d) passenger vessels;

(e) floating equipment.

2.

This Directive does not apply to:
(a) ferries;

(b) naval vessels;

(c) sea-going ships, including sea-going tugs and pushers, which:

(i) operate or are based on tidal waters; or

(ii) operate temporarily on inland waterways

provided that they carry at least:

– a certificate proving conformity with the 1974 International Convention for the Safety of Life at Sea (SOLAS), or equivalent, a certificate proving conformity with the 1966 International Convention on Load Lines, or equivalent, and an

international oil pollution prevention (IOPP) certificate proving conformity with the 1973/78 International Convention for the Prevention of Pollution from Ships (MARPOL); or

– in case of sea-going ships not covered by SOLAS 1974, the 1966 International Convention on Load Lines or MARPOL 73, the relevant certificates and the

freeboard marks required by the laws of their flag states; or

– in the case of passenger vessels not covered by all of the Conventions referred to in the first indent, a certificate on safety rules and standards for passenger

ships issued in conformity with Directive 2009/45/EC of the European

Parliament and of the Council 7 ; or

7 Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on

safety rules and standards for passenger ships (OJ L 163, 25.6.2009, p. 1).

– in the case of recreational craft not covered by all of the Conventions referred to in the first indent, a certificate of the country of which it carries the flag

demonstrating an adequate level of safety.

Article 3

Definitions

For the purposes of this Directive, the following definitions apply:

(a) ‘craft’ means a vessel or item of floating equipment;

(b) ‘vessel’ means an inland waterway vessel or sea-going ship;

(d) ‘tug’ means a vessel specially built to perform towing operations;

(e) ‘pusher’ means a vessel specially built to propel a pushed convoy;

(f) ‘passenger vessel’ means a day trip or cabin vessel constructed and equipped to carry more than 12 passengers;

(g) ‘floating equipment’ means a floating installation carrying working gear such as cranes, dredging equipment, pile drivers or elevators;

(h) ‘recreational craft’ vessel other than a passenger vessel, intended for sport or pleasure;

(i) ‘high-speed vessel’ means a motorised craft capable of reaching speeds over 40 km/h in relation to water;

(j) ‘water displacement" means the immersed volume of the vessel, in cubic metres; (k) ‘length (L)’ means the maximum length of the hull in metres, excluding rudder and bowsprit;

(l) ‘breadth (B)’ means the maximum breadth of the hull in metres, measured to the outer edge of the shell plating (excluding paddle wheels, rub rails, and similar);

(m) ‘draught (T)’ means the vertical distance in metres between the lowest point of the hull without taking into account the keel or other fixed attachments and the

maximum draught line;

(n) ‘linked inland waterways’ means waterways of a Member State connected, by inland waterways which can be navigated under national or international law by craft falling within the scope of this Directive, to inland waterways of another Member State.

Article 4

Classification of inland waterways

1.

For the purposes of this Directive, the inland waterways of the Union shall be classified as follows:
(a) Zones 1, 2, 3 and 4:

(i) Zones 1 and 2: the waterways listed in Chapter 1 of Annex I;

(ii) Zone 3: the waterways listed in Chapter 2 of Annex I;

(iii) Zone 4: all other inland waterways which can be navigated under national law by craft falling within the scope of this Directive.

(b) Zone R: those of the waterways referred to in point (a) for which certificates are to be issued in accordance with Article 22 of the Revised Convention on the Navigation on the Rhine as that Article is worded on … [OJ: please insert the date of entry into

force of this Directive ] .

2.

The Commission is empowered to adopt delegated acts in accordance with Article 32 concerning amendments to Annex I so as to modify the classification of a waterway, including addition and deletion of waterways. Such amendments to Annex I may be made only on request by the Member State concerned, for waterways on its territory.

CHAPTER 2 NAVIGATION CERTIFICATES

Article 5

Compliance with technical and safety requirements

1.

Member States shall ensure that craft referred to in Article 2(1) operating on the Union inland waterways referred to in Article 4 are constructed and maintained in accordance with the requirements set out in this Directive.

2.

The compliance with paragraph 1 shall be demonstrated by a certificate in accordance with this Directive.
Article 6

Union inland navigation certificates

1.

Union inland navigation certificates shall be issued by the competent authorities of the
Member States in accordance with this Directive. Member States, upon issuance of an Union inland navigation certificate, shall verify that the craft in question has not already been issued a valid certificate referred to in Article 7.

2.

The Union inland navigation certificate shall be drawn up following the model in accordance with Annex II.

3.

Each Member State shall draw up a list indicating the competent authorities for issuing the Union inland navigation certificates and shall notify the Commission thereof, including
any changes to the list. The Commission shall maintain an up-to-date list of competent authorities on an appropriate website.

4.

The Union inland navigation certificate shall be issued to craft following a technical inspection carried out prior to the craft being put into service and intended to check whether the craft complies with the technical requirements set out in Annexes II and V.

5.

Compliance of a craft with the additional requirements referred to in Article 23(1) and (2) shall, where appropriate, be checked during the technical inspections provided for in
paragraph 4 of this Article and Article 29, or during a technical inspection carried out at the request of the craft's owner.

6.

The procedure for making a request for an inspection and establishing the place and time of that inspection fall within the powers of the competent authorities issuing the Union
inland navigation certificate. The competent authority shall determine which documents are to be submitted. The procedure shall take place in such a way as to ensure that the inspection may be conducted within a reasonable period following the lodging of the request.

7.

The competent authorities of Member States shall issue a Union inland navigation certificate to craft not subject to this Directive, upon request of the owner or his
representative, if the craft fulfils the requirements of this Directive.

Article 7

Obligation to carry a certificate

Craft operating on the Union inland waterways referred to in Article 4 shall carry as an original document:

(a) when operating on a Zone R waterway:

– either a certificate issued pursuant to Article 22 of the Revised Convention on the Navigation on the Rhine; or

– a Union inland navigation certificate attesting full compliance of the craft, where applicable pursuant to the transitional provisions of Annex II for craft navigating on the Rhine (Zone R), with technical requirements as referred to in Annexes II and Va for which equivalency with the technical requirements laid down in application of the Revised Convention on the Navigation on the Rhine has been established according to the applicable rules and procedures;

(b) when operating on other waterways, a Union inland navigation certificate or a certificate issued pursuant to Article 22 of the Revised Convention on the

Navigation on the Rhine, including, where applicable, any supplementary Union inland navigation certificates in accordance with Article 8.

Article 8

Supplementary Union inland navigation certificates

1.

Craft carrying a valid Union inland navigation certificate or a certificate issued pursuant to Article 22 of the Revised Convention on the Navigation on the Rhine shall be provided
with a supplementary Union inland navigation certificate in accordance with Article 23.

2.

The supplementary Union inland navigation certificate shall be drawn up following the model in accordance with Annex II and shall be issued by the competent authorities under the conditions laid down for the waterways concerned.
Article 9

Provisional Union inland navigation certificates

1.

The competent authorities of Member States may issue a provisional Union inland navigation certificate:
(a) to craft intended to travel to a certain place with the permission of the competent authority in order to obtain a Union inland navigation certificate;

(b) to craft whose Union inland navigation certificate has been lost, damaged or temporarily withdrawn in one of the instances referred to in Articles 13, 15 or Annexes II and V to this Directive;

(c) to craft whose Union inland navigation certificate is in preparation following a successful inspection;

(d) to craft where not all of the conditions required for obtaining a Union inland navigation certificate in accordance with Annexes II and V have been met;

(e) to craft so damaged that their state no longer complies with the Union inland navigation certificate;

(f) to floating installations or equipment where the authorities responsible for special transport operations make the authorisation to carry out a special transport operation subject to obtaining such a certificate, as provided for by the applicable navigational authority regulations of the Member States;

(g) to craft deviating from the provisions of Annexes II and V, in accordance with Articles 25 and 26 of this Directive, pending the adoption of the relevant

implementing acts.

2.

The provisional Union inland navigation certificate shall be drawn up using the model in accordance with Annex II where the navigability of the craft, floating establishment or
floating object seems to have been adequately ensured.

3.

The provisional Union inland navigation certificate shall include the conditions considered necessary by the competent authority and shall be valid:
(a) in the cases referred to in paragraph 1(a), (d) to (f) of this Article, for a single specific trip to be made within a suitable period that shall not exceed one month;

(b) in the cases referred to in paragraph 1(b) and (c) of this Article, for an appropriate duration;

(c) in the cases referred to in paragraph 1(g) of this Article, for six months. The provisional Union inland navigation certificate may be extended for six months at a time until the respective implementing act has been adopted.

Article 10 Validity of Union inland navigation certificates

1.

The period of validity of Union inland navigation certificates issued to newly built craft shall be determined by the competent authority up to a maximum of:
(a) five years in the case of passenger and high-speed vessels;

(b) ten years in the case of all other craft.

The period of validity shall be entered on the Union inland navigation certificate.

2.

In the case of craft already in operation before the technical inspection, the competent authority shall set the period of validity of the Union inland navigation certificate on a case-by-case basis, in the light of the results of the inspection. However, the period of validity may not exceed the periods set out in paragraph 1.
Article 11 Exceptional extension of validity of Union inland navigation certificates

The validity of a Union inland navigation certificate may be exceptionally extended without a technical inspection for not more than six months in accordance with Annexes II and V by the competent authority which issued or renewed it. The extension shall be indicated on the certificate.

Article 12 Renewal of Union inland navigation certificates

1.

The Union inland navigation certificate shall be renewed on expiry of its period of validity in accordance with the conditions laid down in Article 6, following a technical inspection intended to check whether the craft complies with the technical requirements set out in
Annexes II and V. Union inland navigation certificates may be renewed by any competent authority notified to the Commission pursuant to Article 6(3).

2.

For the renewal of Union inland navigation certificates, the transitional provisions provided in Annexes II and V shall apply to the craft and under the conditions specified therein.
Article 13 Replacement of Union inland navigation certificates

Each Member State shall lay down the conditions under which a valid Union inland navigation certificate which has been lost or damaged may be replaced. A declaration of the loss of the certificate or the return of the damaged certificate shall be requested upon replacement of certificates. It shall be indicated on the replacement certificate that it is a duplicate.

Article 14 Major alterations or major repairs of craft

In the event of major alterations or major repairs which affect the structural soundness of the craft, the navigation or manoeuvrability or special features of the craft in accordance with Annexes II and V, that craft shall undergo, prior to any further voyage, the technical inspection provided for in Article 6.

Following that inspection, a new Union inland navigation certificate stating the technical characteristics of the craft shall be issued and the old certificate shall be withdrawn or the existing certificate shall be amended accordingly. If the new certificate is issued in a Member State other than that which issued or renewed the initial certificate, the competent authority which issued or renewed the certificate shall be informed accordingly within 30 days from the date of issuance of the new certificate.

Article 15 Refusal to issue or renew, and withdrawal of, Union inland navigation certificates

1.

Any decision refusing to issue or renew a Union inland navigation certificate shall state the grounds on which it is based. The owner of the craft shall be notified and shall be informed about the appeal procedure and its time limits in the Member State concerned.

2.

Any valid Union inland navigation certificate may be withdrawn by the competent authority which issued or renewed it if the craft ceases to comply with the technical requirements set out in its certificate.
Article 16 Recognition of navigation certificates of craft from third countries

Pending the entry into force of agreements on the mutual recognition of navigation certificates between the Union and third countries, the competent authorities of a Member State may recognise the navigation certificates of craft from third countries for navigation within the territory of that Member State.

Article 17 Registers of certificates

Member States shall ensure that their competent authorities keep a register, incorporating the information contained in the model in accordance with Annex II, of all certificates they have issued or renewed pursuant to Articles 6, 8 9 and 12.

CHAPTER 3 VESSEL IDENTIFICATION, INSPECTIONS AND ALTERED

TECHNICAL REQUIREMENTS

Article 18 Unique European Vessel Identification Number

1.

Member States shall ensure that each craft shall be assigned a Unique European Vessel Identification Number (ENI) in accordance with Annexes II and V.

2.

Each craft shall have only one ENI which shall remain unchanged during its entire lifetime.

3.

The competent authority issuing a Union inland navigation certificate shall enter the ENI therein.

4.

Each Member State shall draw up a list indicating the competent authorities for assigning ENI and shall notify the Commission thereof, including any changes to the list. The
Commission shall maintain an up-to-date list of competent authorities on an appropriate website.

Article 19 European Hull Data Base

1.

The Commission shall keep the European hull database in order to support administrative measures for maintaining safety and ease of navigation and to ensure application of this
Directive.

Any processing of personal data by the Member States shall be carried out in accordance with EU law on the protection of personal data, in particular Regulation (EU) No XXX/2016 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

Any processing of personal data by the Commission shall be carried out in accordance with

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18

December 2000 on the protection of individuals with regard to the processing of personal

data by the Community institutions and bodies and on the free movement of such data.

2.

Member States shall ensure that for each craft, without delay, the competent authorities enter into the European hull database:
(a) the data identifying and describing the craft in accordance with to this Directive;

(b) the data in relation to the certificates issued, renewed, replaced and withdrawn, as well as to the competent authority which issues the certificate, in accordance with this

Directive;

(c) a digital copy of all certificates issued by competent authorities in accordance with this Directive;

(d) the data on any rejected or pending applications for certificates in accordance with this Directive; and

(e) any changes to the data referred to in points (a) to (d).

3.

The data may be processed by competent authorities of Member States, contracting parties to the Revised Convention on the Navigation on the Rhine and third countries that are
entrusted with tasks related to the application of this Directive and by Directive 2005/44/EC, for the following purposes:

(a) application of the present Directive and of Directive 2005/44/EC;

(b) ensuring waterway traffic and infrastructure management;

(c) maintaining or enforcing safety of navigation;

(d) statistical data collection.

4.

The competent authority of a Member State may transfer personal data to a third country or international organisation provided the requirements of Regulation (EU) No XXX/2016 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular
Chapter V of that Regulation, are fulfilled and only on a case-by-case basis. Member States

shall ensure that the transfer is necessary for the purposes referred to in paragraph 3. The

Member States shall ensure that the third country or international organisation does not

transfer the data to another third country or international organisation unless it is given

express written authorisation and complies with the conditions specified by the competent

authority of the Member State.

5.

The Commission may transfer data or provide access to the European hull database to an authority of a third country or international organisation in so far as the transfer or access is necessary for the purposes referred to in paragraph 3, provided the requirements of Article 9 of Regulation (EC) No 45/2001 of the European Parliament and of the Council are
fulfilled and only on a case-by-case basis. The Commission shall ensure that the transfer is necessary for the purposes referred to in paragraph 3. The Commission shall ensure that the third country or international organisation does not transfer the data to another third country or international organisation unless it is given express written authorisation and complies with the conditions specified by the Commission.

6.

The competent authority shall ensure that the data related to a craft is deleted from the database referred to in paragraph 1 when this craft is scrapped.

7.

The Commission is empowered to adopt delegated acts in accordance with Article 32 to further specify:
(a) the data to be entered in the database by Member States;

(b) the types of access, taking into account the categories of the recipients of data and the purposes of processing the data referred to in paragraph 3;

(c) instructions regarding the use and operation of the database, in particular with respect to data security measures, encoding and processing of data and interconnection of the database with the registers referred to in Article 17.

Article 20 Carrying out of technical inspections

1.

Member States shall ensure that the competent authorities referred to in paragraph 3 of this Article carry out initial, periodical, special and voluntary inspections referred to in this
Directive.2. Those competent authorities may refrain from subjecting the craft in whole or in part to technical inspection where it is evident from a valid attestation, issued by a recognised classification society in accordance with Article 21, that the craft satisfies in whole or in part the technical requirements set out in Annexes II and V.

3.

Each Member State shall draw up a list indicating its competent authorities responsible for carrying out technical inspections and shall notify the Commission thereof, including any
changes to the list. The Commission shall maintain an up-to-date list of competent authorities and inspection bodies on an appropriate website.

4.

Each Member State shall comply with the specific requirements as regards inspection bodies and the request for an inspection, as provided for in Annexes II and V.
Article 21 Recognition of classification societies

1.

The Commission shall adopt implementing acts in order to recognise a classification society which meets the criteria listed in Annex VI, or to withdraw recognition, in
accordance with the procedure set out in paragraphs 2 and 3. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 33(2).

2.

An application for recognition shall be submitted to the Commission by the Member State in which the classification society has its headquarters or a subsidiary authorised to issue attestations that craft satisfies the requirements of Annexes II and V in accordance with
this Directive. This application shall be accompanied with all information and documentation needed to check that the criteria for recognition are met.

3.

Any Member State can submit to the Commission a request to withdraw the recognition if it considers that a classification society no longer meets the criteria set out in Annex VI.
The request for withdrawal shall be accompanied with documentary evidence.

4.

The classification societies which, on … [OJ: please insert the date of entry into force of this Directive], had been granted recognition in accordance with Directive 2006/87/EC
shall retain their recognition.

5.

The Commission shall publish for the first time by … [OJ: please insert the date of one year after the date of entry into force of this Directive] and keep updated on an appropriate website a list of the classification societies recognised in accordance with this Article. Member States shall communicate to the Commission any changes relating to the names or addresses of the classification societies for which they have applied for recognition.
Article 22 Control of compliance

1.

Member States shall ensure that their competent authorities may control at any time whether a craft is carrying a valid certificate in accordance with Article 7 and satisfies the requirements on which the issuance of such a certificate is based.
In case of failure to comply with the requirements, the competent authorities shall take appropriate measures in accordance with paragraphs 2 to 5. They shall also request that the owner or his representative takes all necessary measures to remedy the situation within a time limit set by the competent authorities.

The competent authority which issued the certificate carried on the craft shall be informed of such failures within seven days of the control.

2.

Where a valid certificate is not being carried, the craft may be prevented from proceeding with its voyage.

3.

If, during the control, the competent authorities find that the craft constitutes a manifest danger for the persons on board, the environment or the safety of the navigation, they may prevent the craft from proceeding with its voyage until the necessary steps have been taken to remedy the situation.
They may also prescribe proportionate measures which will enable the craft to proceed safely, where appropriate on termination of its transport operations, to a place where it will be either inspected or repaired.

4.

A Member State which has prevented a craft from proceeding with its voyage, or has notified the owner of its intention to do so if the defects found are not corrected, shall inform the competent authority in the Member State which issued or last renewed the certificate thereof, within seven days of the decision which it has taken or intends to take.

5.

Any decision to interrupt the passage of a craft taken in the implementation of this
Directive shall state in detail the reasons on which it is based. It shall be notified without delay to the party concerned, who shall at the same time be informed of the appeal procedures available under the laws in force in the Member State concerned and of their time limits.

Article 23 Altered technical requirements for certain zones

1.

Member States may where applicable subject to the requirements of the Revised
Convention on the Navigation on the Rhine, adopt technical requirements additional to those set out in Annexes II and V for craft operating on Zone 1 and 2 waterways within their territory. The additional requirements may cover only the elements listed in Annex III.

2.

In respect of passenger vessels operating on Zone 3 non-linked inland waterways, each
Member State may maintain technical requirements additional to those in Annexes II and V. The additional requirements may cover only the elements listed in Annex III.

3.

Where application of the transitional provisions set out in Annexes II and V would result in a reduction in existing national safety standards, a Member State may disapply those
transitional provisions in respect of passenger vessels operating on its non-linked inland waterways. In such circumstances, the Member State concerned may require that such passenger vessels operating on its non-linked inland waterways comply fully with the technical requirements set out in Annexes II and V starting from 30 December 2008.

4.

Members State may allow a partial application of the technical requirements or set technical requirements which are less stringent than those set out in Annexes II and V for craft operating exclusively on Zone 3 and 4 waterways within its territory. The less stringent or partial application of technical requirements may cover only the elements listed in Annex IV.

5.

Where a Member State applies paragraphs 1, 2, 3 or 4, it shall notify the Commission thereof at least six months before the envisaged date of application. The Commission shall inform the other Member States accordingly.
In case of paragraphs 1 and 2 the Commission shall approve the additional technical requirements by way of implementing acts adopted in accordance with the advisory procedure referred to in Article 33(2).

6.

Compliance with the altered technical requirements in accordance with paragraphs 1, 2, 3 and 4 shall be specified in the Union inland navigation certificate or in the supplementary Union inland navigation certificate.
Article 24 Derogations for certain categories of craft

1.

While maintaining an adequate level of safety, Member States may authorise derogations from all or parts of this Directive for:
(a) craft operating on non-linked inland waterways;

(b) craft having a dead weight not exceeding 350 tonnes or craft not intended for the carriage of goods and having a water displacement of less than 100 cubic metres, which were laid down before 1 January 1950 and which operate exclusively within their territory.

2.

Without prejudice to the Revised Convention on the Navigation on the Rhine, Member
States may authorise, in respect of navigation within their territory, derogations from this Directive for craft operating limited journeys of local interest or in harbour areas. The derogations and the journeys or area for which they are valid shall be specified in the craft's certificate.

3.

The Member States shall notify the Commission the derogations authorised in accordance with paragraphs 1 and 2. The Commission shall inform the other Member States
accordingly.

Article 25 Use of new technologies and derogations for specific craft

1.

In order to encourage innovation and the use of new technologies in inland navigation the Commission shall be empowered to adopt implementing acts allowing derogations or

recognising the equivalence of technical specifications for a specific craft regarding:

(a) the issuance of a Union inland navigation certificate recognising the use, or presence, on board a craft of other materials, installations or items of equipment, or the

adoption of arrangements or design aspects other than those included in Annexes II and V provided that an equivalent level of safety is ensured;

(b) the issuance of a Union inland navigation certificate for trial purposes for a limited period incorporating new technical specifications that derogate from the

requirements of Annexes II and V provided that a adequate level of safety is ensured.

Those implementing acts should be adopted in accordance with the advisory procedure referred to in Article 33(2).

2.

The equivalences and derogations referred to in paragraph 1 shall be included in the Union inland navigation certificate by the competent authorities of a Member State.

Article 26

Hardship

1.

The Commission shall be empowered to adopt implementing acts allowing derogations from the transitional provisions to technical requirements laid down in Annexes II and V following the expiry of the transitional provisions, where those requirements are

technically difficult to apply or where their application might entail disproportionate costs.

Those implementing acts should be adopted in accordance with the advisory procedure referred to in Article 33(2).

2.

The derogations referred to in paragraph 1 shall be included in the Union inland navigation certificate by the competent authorities of a Member State.
Article 27 Register of type-approved equipment

The Commission shall publish on an appropriate website a register of equipment which has been type-approved in accordance with Annexes II and V.

CHAPTER 4 FINAL PROVISIONS

Article 28 Transitional provisions concerning the use of documents

Documents falling within the scope of this Directive and issued by the competent authorities of the Member States under Directive 2006/87/EC before … [OJ: please insert the date of the entry into force of this Directive] shall remain valid until they expire.

Article 29 Craft excluded from the scope of Council Directive 82/714/EEC

1.

The Union inland navigation certificate shall be issued to craft excluded from the scope of
Council Directive 82/714/EEC 8 , but covered by this Directive in accordance with Article

2(1), following a technical inspection to check whether the craft complies with the technical requirements set out in Annexes II and V. That technical inspection shall be carried out upon expiry of the craft's current certificate, but in any case no later than 30 December 2018.

2.

Any failure to meet the technical requirements set out in Annexes II and V shall be specified in the Union inland navigation certificate. Provided that the competent authorities consider that these shortcomings do not constitute a manifest danger, the craft referred to in the first subparagraph of this Article may continue to operate until such time as those components or areas of the craft which have been certified as not meeting those
requirements are replaced or altered, whereafter those components or areas shall meet the technical requirements set out in Annexes II and V.

8 Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for

inland waterway vessels (OJ L 301, 28.10.1982, p. 1).

3.

The replacement of existing parts with identical parts or parts of an equivalent technology and design during routine repairs and maintenance shall not be considered as a replacement or an alteration within the meaning of paragraph 2 of this Article.

4.

Manifest danger within the meaning of paragraph 2 of this Article shall be presumed in particular when requirements concerning the structural soundness of the craft, the
navigation or manoeuvrability or special features of the craft in accordance with the technical requirements referred to in Annexes II and V are affected. Derogations as allowed for in the technical requirements set out in Annexes II and V shall not be identified as shortcomings which constitute a manifest danger.

Article 30 Transitional provisions concerning temporary requirements pursuant to Directive 2006/87/EC

Temporary requirements adopted in accordance with Article 1.06 of Annex II to Directive

2006/87/EC shall remain valid until they expire.

Article 31 Adaptation of the Annexes

1.

The Commission shall adopt delegated acts in accordance with Article 32 to adapt Annex II to update, without undue delay, the reference to the most recent version of the CESNI ES-TRIN standard and to set the date of its application.

2.

By way of derogation from paragraph 1, 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 the decision-making process of CESNI would compromise Union interests, the Commission is empowered to adopt delegated acts in accordance with Article 32 amending Annex II to provide appropriate technical requirements.

3.

The Commission is empowered to adopt delegated acts in accordance with Article 32 concerning the adaptations of Annexes III and IV to scientific and technical progress.

4.

The Commission is empowered to adopt delegated acts in accordance with Article 32 concerning the adaptations of Annex V to update and streamline administrative provisions.

5.

The Commission is empowered to adopt delegated acts in accordance with Article 32 concerning the adaptations of Annex VI to amend the criteria for the recognition of
classification societies to ensure safety of navigation.

6.

The Commission is empowered to adopt delegated acts in accordance with Article 32 in order to update the references in this Directive to certain provisions of Annexes II and V in order to take into account the amendments brought to these Annexes.
Article 32 Delegation

1.

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.

The power to adopt delegated acts referred to in Articles 4, 19 and 31 shall be conferred on the Commission for a period of five years from … [OJ: insert date of entry into force of
this Directive].. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.

The delegation of power referred to in Articles 4, 19 and 31 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the
delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.

Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with principles laid down in the Interinstitutional Agreement on Better Law-Making of [15 March 2016 tbc].

5.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.

A delegated act adopted pursuant to Articles 4, 19 and 31 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 33 Committee procedure

1.

The Commission shall be assisted by the Committee established by Article 7 of Council
Directive 91/672/EEC 9 (hereinafter referred to as ‘the Committee’). The Committee is a

committee within the meaning of Regulation (EU) No 182/2011.

9 Council Directive 91/672/EC of 16 December 1991 on the reciprocal recognition of national

boatmasters' certificates for the carriage of goods and passengers by inland waterway (OJ L 373, 31.12.1991, p. 29).

2.

Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. If the Committee's opinion is to be obtained by written procedure, its chair may
decide to terminate the procedure without result within the time-limit for delivery of the opinion.

Article 34

Review

The Commission shall submit, before ... [OJ: please insert the date of five years after the date of entry into force of this Directive], 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. The report shall also review the mechanisms for cooperation with international organisations competent for inland navigation. 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 Commission shall submit a similar report following any major developments in inland waterway transport.

Article 35 Penalties

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take the measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

Article 36 Amendment to Directive 2009/100/EC

Article 1 of Directive 2009/100/EC is replaced by the following:

'Article 1

This Directive applies to vessels used for goods transport on inland waterways and having a total dead weight of 20 metric tonnes or more:

(a) having a length of less than 20 metres; and

(b) for which the product of length (L), breadth (B) and draught (T) is less than 100 cubic metres.

This Directive is without prejudice to the Rhine Vessel Inspection Regulation and the European

Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways

(ADN).'.

Article 37 Transposition

1.

Without prejudice to Article 40, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, at the latest by …
[OJ: please insert the date of two years after the date of entry into force of this Directive] and which shall apply from this date. They shall immediately inform the Commission thereof.

When Member States adopt such measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.

Member States shall communicate to the Commission the text of the measures of national law which they adopt in the field covered by this Directive.

3.

Any Member State which, as a result of derogations authorised in accordance with Article 24(1) and (2), has no craft subject to this Directive operating on its waterways shall not be required to transpose Chapter 2 and Articles 18(3), 20 and 21.

Article 38

Repeal

Directive 2006/87/EC is repealed with effect from … [OJ: please insert the date of two years after the date of entry into force of this Directive].

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VII.

Article 39 Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the

Official Journal of the European Union.

Article 40 Addressees

This Directive is addressed to the Member States except for Denmark, Estonia, Ireland, Spain,

Greece, Cyprus, Latvia, Malta, Portugal, Slovenia and Finland.

Done at Brussels,

For the European Parliament For the Council

The President The President

LIST OF ANNEXES

Annex I: List of Union inland waterways divided geographically into Zones 1, 2, and 3

Annex II: Minimum technical requirements applicable to craft on inland waterways of Zones 1, 2, 3 and 4

Annex III: Subjects for possible additional technical requirements applicable to craft on inland waterways of Zones 1, 2 and non-linked 3

Annex IV: Subjects for possible reductions of the technical requirements applicable to craft on inland waterways of Zones 3 and 4

Annex V: Detailed procedural provisions

Annex VI: Classification societies

Annex VII: Correlation table

ANNEX I

LIST OF UNION INLAND WATERWAYS DIVIDED GEOGRAPHICALLY INTO ZONES 1, 2 AND 3

CHAPTER 1 Zone 1

Federal Republic of Germany

Ems from a line linking the former Greetsiel lighthouse and the western pier of the port entrance at Eemshaven seawards as far as latitude 53° 30' N and longitude 6° 45' E,

i.e. slightly seawards of the lightering area for dry-cargo carriers in the Alte Ems 10

Republic of Poland

The part of Pomorska Bay southward from the line linking NordPerd on Rugen Island and the lighthouse Niechorze.

The part of Gdańska Bay southward from the line linking the lighthouse Hel and the entrance buoy to the port of Baltijsk.

Kingdom of Sweden

Lake Vänern, bounded in the south by the parallel of latitude through Bastugrunds beacon

Göta älv and Rivöfjorden, bounded in the east by the Älvsborg bridge, in the west by the parallel of longitude through Gäveskär lighthouse, and in the south by the parallel of latitude through Smörbådan lighthouse

10 In the case of vessels whose home port is elsewhere, account is to be taken of Article 32 of

the Ems-Dollart Treaty of 8 April 1960 (BGBl. 1963 II, p. 602).

United Kingdom of Great Britain and Northern Ireland

SCOTLAND

Blue Mull Sound Between Gutcher and Belmont

Yell Sound Between Tofts Voe and Ulsta

Sullom Voe Within a line from the north-east point of Gluss Island to the northern point of Calback Ness

Dales Voe In winter:

within a line from the north point of Kebister Ness to the Coast of Breiwick at longitude 1° 10,8' W

Dales Voe In summer:

as for Lerwick

Lerwick In winter:

within the area bounded to the northward by a line from Scottle Holm to Scarfi Taing on Bressay and to the southward by a line from Twageos Point Lighthouse to Whalpa Taing on Bressay

Lerwick In summer:

within the area bounded to the northward by a line from Brim Ness to the north east corner of Inner Score and to the southward by a line from the south end of Ness of Sound to Kirkabisterness

Kirkwall Between Kirkwall and Rousay not east of a line between

Point of Graand (Egilsay) and Galt Ness (Shapinsay) or between Head of Work (Mainland) through Helliar Holm light to the shore of Shapinsay; not north west of the south east tip of Eynhallow Island, not to seaward and a line between the shore on Rousay at 59°10,5' N 002° 57,1' W and the shore on Egilsay at 59° 10' N 002° 56,4' W

Stromness To Scapa but not outside Scapa Flow

Scapa Flow Within an area bounded by lines drawn from Point of Cletts on the island of Hoy to Thomson's Hill triangulation point

on the island of Fara and thence to Gibraltar Pier on the island of Flotta; from St Vincent Pier on the island of Flotta to the westernmost point of Calf of Flotta; from the easternmost point of the Calf of Flotta to Needle Point on the island of South Ronaldsay and from the Ness on Mainland to Point of Oxan lighthouse on the island of Graemsay and thence to Bu Point on the island of Hoy; and seaward of Zone 2 waters

Balnakiel Bay Between Eilean Dubh and A'Chleit

Cromarty Firth Within a line from North Sutor to Nairn Breakwater and seaward of Zone 2 waters

Inverness Within a line from North Sutor to Nairn Breakwater and seaward of Zone 2 waters

River Tay — Dundee Within a line from Broughty Castle to Tayport and seaward of Zone 2 waters

Firth of Forth and River Forth Within a line from Kirkcaldy to River Portobello and seaward of Zone 2 waters

Solway Firth Within a line from Southerness Point to Silloth

Loch Ryan Within a line from Finnart's Point to Milleur Point and seaward of Zone 2 waters

The Clyde Outer limit:

a line from Skipness to a position one mile south of Garroch Head thence to Farland Head

Inner limit in winter:

a line from Cloch Lighthouse to Dunoon Pier

Inner limit in summer:

a line from Bogany Point, Isle of Bute to Skelmorlie Castle and a line from Ardlamont Point to the southern extremity of Ettrick Bay inside the Kyles of Bute

Note: The above inner summer limit is extended between 5 June and 5 September (both dates inclusive) by a line from a point two miles off the Ayrshire coast at Skelmorlie Castle to Tomont End, Cumbrae, and a line from Portachur Point, Cumbrae to Inner Brigurd Point, Ayrshire

Oban Within an area bounded on the north by a line from

Dunollie Point Light to Ard na Chruidh and to the south by a line from Rudha Seanach to Ard na Cuile

Kyle of Lochalsh Through Loch Alsh to the head of Loch Duich

Loch Gairloch In winter:

none

In summer:

South of a line running east from Rubha na Moine to Eilan

Horrisdale and thence to Rubha nan Eanntag

NORTHERN IRELAND

Belfast Lough In winter:

none

In summer:

within a line from Carrickfergus to Bangor

and seaward of Zone 2 waters

Loch Neagh At a greater distance than 2 miles from the shore

EAST COAST OF ENGLAND

River Humber In winter:

within a line from New Holland to Paull

In summer:

within a line from Cleethorpes Pier to Patrington Church

and seaward of Zone 2 waters WALES AND WEST COAST

OF ENGLAND

River Severn In winter:

within a line from Blacknore Point to Caldicot Pill, Porstkewett

In summer:

within a line from Barry Dock Pier to Steepholm and thence

to Brean Down

and seaward of Zone 2 waters

River Wye In winter:

within a line from Blacknore Point to Caldicot Pill, Portskewett

In summer:

within a line from Barry Dock Pier to Steepholm and thence

to Brean Down

and seaward of Zone 2 waters Newport In winter:

none

In summer:

within a line from Barry Dock Pier to Steepholm and thence

to Brean Down

and seaward of Zone 2 waters

Cardiff In winter:

none

In summer:

within a line from Barry Dock Pier to Steepholm and thence

to Brean Down

and seaward of Zone 2 waters

Barry In winter:

None

In summer:

within a line from Barry Dock Pier to Steepholm and thence

to Brean Down

and seaward of Zone 2 waters

Swansea Within a line joining the seaward ends of the breakwaters Menai Straits Within the Menai Straits from a line joining Llanddwyn

Island Light to Dinas Dinlleu and lines joining the south end

of Puffin Island to Trwyn DuPoint and Llanfairfechan

Railway Station, and seaward of Zone 2 waters

River Dee In winter:

within a line from Hilbre Point to Point of Air

In summer:

within a line from Formby Point to Point of Air

and seaward of Zone 2 waters

River Mersey In winter:

None

In summer:

within a line from Formby Point to Point of Air

and seaward of Zone 2 waters

Preston and Southport Within a line from Southport to Blackpool inside the banks

and seaward of Zone 2 waters Fleetwood In winter:

None

In summer:

within a line from Rossal Point to Humphrey Head

and seaward of Zone 2 waters

River Lune In winter:

None

In summer:

within a line from Rossal Point to Humphrey Head

and seaward of Zone 2 waters

Heysham In winter:

None

In summer:

within a line from Rossal Point to Humphrey Head

Morecambe In winter:

None

In the summer:

from within a line from Rossal Point to Humphrey Head Workington Within a line from Southerness Point to Silloth

and seaward of Zone 2 waters

SOUTH OF ENGLAND

River Colne, Colchester In winter: