European Union (Recognition of Professional Qualifications in Inland Navigation) Regulations 2021.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Union (Recognition of Professional Qualifications in Inland Navigation) Regulations 2021.
(2) These Regulations come into operation on 17 January 2022.
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paragraphs: (1) In these Regulations –
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.
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paragraphs: (1) These Regulations apply to the recognition of Union certificates of qualification, other such certificates and service record books referred to in Regulations 4 and 5.
(2) These Regulations do not apply to persons–
(a) navigating for sport or pleasure,
(b) involved in the operation of ferries not moving independently,
(c) involved in the operation of craft used by armed forces, forces maintaining public order, civil defence services, waterway administrations, fire services and other emergency services, or
(d) navigating on inland waterways in the State who are exclusively–
(i) navigating limited journeys of local interest, where the distance from the departure point is at no time more than 10 kilometres, or
(ii) navigating seasonally.
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paragraphs: (1) Any Union certificate of qualification carried by deck crew members, passenger navigation experts and liquefied natural gas experts, as well as any service record books that have been issued by a competent authority in another Member State in accordance with the Directive, shall be valid in respect of the holder on all inland waterways in the State.
(2) Any certificate of qualification or service record book issued in accordance with the Regulations for Rhine Navigation Personnel, which lay down requirements that are identical to those of the Directive, shall be valid in respect of the holder on all inland waterways in the State. Such certificates and service record books that have been issued by a third country shall be valid on all inland waterways in the State, provided that that third country recognises, within its jurisdiction, European Union documents issued pursuant to the Directive.
(3) Without prejudice to paragraph (2), any certificate of qualification or service record book that has been issued in accordance with the national rules of a third country laying down requirements that are identical to those of the Directive, including those set out in Article 38(1) and (3) of the Directive, shall be valid in respect of the holder on all inland waterways in the State, subject to such certificates or service record books being granted recognition in the European Union in accordance with the procedure and the conditions set out in paragraphs (4) and (5) of Article 10 of the Directive.
(4) When the MSO considers that a third country no longer complies with the requirements of Article 10 of the Directive, it shall notify the European Commission immediately, giving substantiated reasons for its contention.
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paragraphs: (1) The qualifications referred to in paragraph (1) of Article 38 of the Directive, that were issued prior to 18 January 2022, shall be valid in respect of the holder on any applicable inland waterways in the State for a maximum of 10 years after that date.
(2) Crew members, other than boatmasters, who hold a certificate of qualification issued by another Member State prior to 18 January 2022, or who hold a qualification recognised in one or more other Member States, may still rely on that certificate of qualification for a maximum of 10 years after that date, on any applicable inland waterways in the State. During that period such crew members, may continue to rely on Directive 2005/36/EC of the European Parliament and of the Council of 7 September 20053 for the recognition of their qualification by the MSO, on any applicable inland waterways in the State.
(3) Service record books issued prior to 18 January 2022 that were issued in accordance with rules other than those set out by the Directive may remain active for a maximum of 10 years after 18 January 2022, on any applicable inland waterways in the State.
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paragraphs: (1) Where the MSO determines that a certificate of qualification issued by a competent authority in another Member State does not satisfy conditions laid down by the Directive, or where there are reasons of safety or public order, the MSO shall request the issuing authority to consider suspending that certificate of qualification pursuant to Article 14 of the Directive.
(2) The MSO may prohibit a person from operating on inland waterways in the State pending notification of the issuing authority’s decision regarding the request referred to in paragraph (1) in respect of the person.
(3) Where the MSO prohibits a person under paragraph (2) it shall serve on the person a prohibition notice to that effect in writing by delivering it to the person or sending it by post or, if the MSO has an electronic address for the person, by electronic means.
(4) A person who fails to comply with a prohibition notice served on him or her under paragraph (3) commits an offence and is liable on summary conviction to a class C fine.
(5) Summary proceedings for an offence under paragraph (4) may be brought and prosecuted by the MSO.
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paragraphs: If the holder of a service record book requests the recording of navigation time and journeys, which took place on inland waterways in the State, the MSO shall cooperate with competent authorities of other Member States in order to ensure that such navigation time and journeys, for holders of certificates of qualification and service record books recognised under the Directive, are recorded and are validated for a period of up to 15 months before the request for validation.