COMMISSION DIRECTIVE 2009/46/EC
of 24 April 2009
amending Directive 2006/87/EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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 (1), and in particular the first sentence of Article 20, paragraph 1, thereof,
Whereas:
(1)
Since the adoption of Directive 2006/87/EC in December 2006 amendments to the Rhine Vessel Inspection Regulation have been agreed pursuant to Article 22 of the Revised Convention for Rhine Navigation. It is therefore necessary to amend Directive 2006/87/EC accordingly.
(2)
It should be ensured that the Community vessel certificate and the vessel certificate delivered in accordance with the Rhine Vessel Inspection Regulation are issued on the basis of technical requirements which guarantee an equivalent level of safety.
(3)
Equivalent provisions to those in the Rhine Vessel Inspection Regulation for the installation and in-use control for engines falling within the scope of Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (2) should be incorporated.
(4)
In order to avoid distortions of competition as well as different levels of safety, the amendments to Directive 2006/87/EC should be implemented as quickly as possible.
(5)
The measures provided for in this Directive are in accordance with the opinion of the Committee referred to in Article 7 of Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway (3),
HAS ADOPTED THIS DIRECTIVE:
Article 1
In Annex I to Directive 2006/87/EC, the entry in Chapter 3 regarding the Italian Republic is replaced by the following:
‘Italian Republic
All navigable national waterways.’
Article 2
Annex II to Directive 2006/87/EC is amended as set out in Annex I to this Directive.
Article 3
Annex V to Directive 2006/87/EC is amended as set out in Annex II to this Directive.
Article 4
Member States which have inland waterways as referred to in Article 1(1) of Directive 2006/87/EC shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive at the latest on 30 June 2009. They shall forthwith inform the Commission thereof.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 5
This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
Article 6
This Directive is addressed to the Member States which have inland waterways as referred to in Article 1(1) of Directive 2006/87/EC.
Done at Brussels, 24 April 2009.