Directive 2017/2397 - Recognition of professional qualifications in inland navigation - Main contents
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Directive (EU) 2017/2397 of the European Parliament and of the Council of 12 December 2017 on the recognition of professional qualifications in inland navigation and repealing Council Directives 91/672/EEC and 96/50/EC| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2017/2397 |
| Original proposal | COM(2016)82  |
| CELEX number i | 32017L2397 |
| Document | 12-12-2017; Date of signature |
|---|---|
| Publication in Official Journal | 27-12-2017; OJ L 345 p. 53-86 |
| Signature | 12-12-2017 |
| Effect | 16-01-2018; Entry into force Date pub. +20 See Art 40 |
| Deadline | 01-01-1001; At the latest See Art 36.1 17-01-2020; See Art 36 17-01-2028; See Art 35.2 17-01-2030; Review At the latest See Art 35.1 17-01-2032; See Art 38.7 18-01-2032; See Art 38.1 |
| End of validity | 31-12-9999 |
| Transposition | 17-01-2022; Adoption See Art 39 |
27.12.2017 |
EN |
Official Journal of the European Union |
L 345/53 |
DIRECTIVE (EU) 2017/2397 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 12 December 2017
on the recognition of professional qualifications in inland navigation and repealing Council Directives 91/672/EEC and 96/50/EC
(Text with EEA relevance)
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),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Council Directives 91/672/EEC (3) and 96/50/EC (4) are the first steps taken towards the harmonisation and recognition of professional qualifications for crew members in inland navigation. |
(2) |
The requirements for crew members navigating on the Rhine river fall outside the scope of Directives 91/672/EEC and 96/50/EC and are established by the Central Commission for the Navigation of the Rhine (CCNR), pursuant to the Regulations for Rhine Navigation Personnel. |
(3) |
Directive 2005/36/EC of the European Parliament and of the Council (5) applies to inland waterway occupations other than boatmasters. The mutual recognition of diplomas and certificates under Directive 2005/36/EC is not, however, fully adapted to regular and frequent cross-border activities of inland waterway occupations that notably exist on inland waterways linked to inland waterways of another Member State. |
(4) |
An evaluation study carried out by the Commission in 2014 highlighted the fact that the limitation of the scope of Directives 91/672/EEC and 96/50/EC to boatmasters, and the lack of automatic recognition of boatmasters’ certificates issued in accordance with those Directives on the Rhine, hinder the mobility of crew members in inland navigation. |
(5) |
To facilitate mobility, to ensure the safety of navigation and to ensure the protection of human life and the environment, it is essential for deck crew members, and especially for persons in charge of emergency situations on board passenger vessels and for persons involved in the bunkering of liquefied natural gas-fuelled vessels, to hold certificates proving their qualifications. For efficient enforcement, they should carry such certificates while exercising their occupation. Those considerations also apply to young persons, for whom it is important that their safety and health at work is protected in accordance with Council Directive 94/33/EC (6). |
(6) |
Navigation for sport or pleasure, the operation of ferries that do not move independently, and navigation by armed forces or by emergency services, are activities that do not require qualifications similar to those qualifications required for professional navigation for the transport of goods and people. Therefore, persons carrying out those activities should not be covered by this Directive. |
(7) |
Boatmasters who sail in circumstances that present a particular safety hazard should hold specific authorisations, in particular for sailing large convoys, sailing liquefied natural gas-fuelled craft, sailing in conditions of reduced visibility, sailing on inland waterways with a maritime character or sailing on waterways that present specific risks for navigation. In order to obtain such authorisations, boatmasters should be required to demonstrate specific additional competences. |
(8) |
For ensuring safety of navigation, Member States should identify inland waterways with a maritime character in accordance with harmonised... |
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