COUNCIL DIRECTIVE of 4 October 1982 laying down technical requirements for inland waterway vessels (82/714/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the objectives and implementation of a common policy for transport require inter alia, in the field of inland navigation, that the movement of vessels on the Community network take place under the best conditions as far as safety and competition are concerned;
Whereas Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licences for inland waterway vessels (3), as last amended by Directive 78/1016/EEC (4), provides that the Council shall adopt common provisions establishing technical requirements for inland waterway vessels ; whereas the aim of this Directive is to establish such requirements ; whereas, however, certain categories of vessel should be excluded from the scope of this Directive;
Whereas Community inland waterways differ as regards safety and should therefore be divided into a number of zones ; whereas it is desirable not to conflict with the system set up by the Revised Convention for the Navigation of the Rhine;
Whereas it is desirable to introduce a Community inland navigation certificate, valid on all Community waterways except those where the Revised Convention for the Navigation of the Rhine applies, attesting the compliance of vessels with the common technical requirements;
Whereas it must be possible to make use of the inspection certificate issued in accordance with Article 22 of the Revised Convention for the Navigation of the Rhine on all Community waterways, subject, in certain cases, to possession of an additional Community certificate;
Whereas, in view of their local importance and special safety requirements, Member States must be empowered to exempt from the application of the whole or part of this Directive certain vessels which do not operate on the inland waterways of other Member States;
Whereas the dates necessary for the carrying out of the technical inspections which give rise to the issue of certificates for vessels in service should be laid down;
Whereas, in order to facilitate the speedy adaptation to technical progress of the Annexes to this Directive, a streamlined amendment procedure should be laid down;
Whereas, pursuant to Article 7 of Directive 76/135/EEC, the measures provided for in that Directive are to remain in force until the entry into force of this Directive ; whereas it is necessary for Directive 76/135/EEC to remain applicable to those vessels covered by it which are not covered by this Directive, (1) OJ No C 289, 19.11.1979, p. 25. (2) OJ No C 182, 21.7.1980, p. 16. (3) OJ No L 21, 29.1.1976, p. 10. (4) OJ No L 349, 13.12.1978, p. 31.
HAS ADOPTED THIS DIRECTIVE:
TITLE I General provisions
Article 1
For the purposes of this Directive, Community inland waterways shall be classified as follows: - Zones 1 and 2 : the waterways listed in Chapter 1 of Annex I,
- Zone 3 : the waterways listed in Chapter 2 of Annex I,
- Zone 4 : all other Community waterways.
Zone R covers those of the abovementioned waterways for which inspection certificates are to be issued in accordance with Article 22 of the Revised Convention for the Navigation of the Rhine as this Article is worded when the Directive is adopted.
Article 2
1. This Directive shall apply to: - vessels having a total dead weight of 15 tonnes or more, or vessels not intended for the carriage of goods having a displacement of 15 cubic metres or more,
- tugs and pusher craft, including those with a displacement of less than 15 cubic metres, provided that they have been built to tow or push or to move vessels alongside.
2. The following are excluded from this Directive: - passenger vessels,
- ferries,
- floating equipment,
- floating establishments and installations including those being moved from one location to another,
- pleasure craft,
- service craft belonging to supervisory authorities and fire-service vessels,
- naval vessels,
- sea-going vessels, including sea-going tugs and pusher craft operating or based on tidal waters or temporarily on inland waterways, carrying a valid navigation permit,
- tugs and pusher craft with a displacement of less than 15 cubic metres which have been built to tow, push or move alongside only vessels with a displacement of less than 15 cubic metres.
Article 3
Vessels operating on the Community waterways listed in Article 1 shall carry: - a certificate issued pursuant to Article 22 of the Revised Convention for the Navigation of the Rhine, when operating on a Zone R waterway,
- a Community inland-navigation certificate issued to vessels complying with the technical requirements of Annex II, when operating on waterways of other zones.
The Community certificate shall be drawn up following the model given in Annex III and shall be issued in accordance with this Directive.
Article 4
1. All vessels carrying a valid certificate issued pursuant to Article 22 of the Revised Convention for the Navigation of the Rhine may navigate on Community waterways carrying only that certificate.
2. However, all vessels carrying the certificate referred to in paragraph 1 shall also be provided with a supplementary inland-navigation certificate (supplementary Community certificate): - when operating on Zone 3 and 4 waterways, if they wish to take advantage of the reduction in technical requirements on these waterways,
- when operating on Zone 1 and 2 waterways, if the Member State concerned has adopted additional technical requirements for these waterways, in accordance with Article 5.
The supplementary Community certificate shall be drawn up following the model shown in Annex IV and shall be issued by the competent national authorities on production of the certificate referred to in paragraph 1 and under the conditions laid down by them.
Article 5
1. Each Member State may, subject to the requirements of the Revised Convention for the Navigation of the Rhine and after consulting the Commission, adopt technical requirements additional to those in Annex II for vessels operating on Zone 1 and 2 waterways within its territory.
Such additional requirements shall be communicated to the other Member States and the Commission at least six months before their entry into force, unless they were already in force on 21 January 1977.
2. Compliance by the vessels with these additional requirements shall be specified in the Community certificate referred to in Article 3 or, where Article 4 (2) applies, in the supplementary Community certificate.
Article 6
Any vessel carrying a certificate issued pursuant to the Regulation for the transport of dangerous substances on the Rhine (ADNR) may carry dangerous goods throughout the territory of the Community under the conditions stated in that certificate.
Any Member State may require that vessels which do not carry an ADNR certificate shall be authorized to carry dangerous goods within its territory only if the vessels comply with requirements additional to those set out in this Directive. Such requirements shall be notified to the Commission and the other Member States.
Article 7
1. Member States may exempt from the application of all or part of this Directive: (a) vessels operating on navigable waterways not linked, by inland waterway, to the waterways of other Member States;
(b) vessels having a dead weight not exceeding 350 tonnes which were laid down before 1 January 1950 and operate exclusively on a national waterway.
2. Member States may authorize in respect of navigation on their national waterways exemptions from one or more provisions of this Directive for limited journeys of local interest or in harbour areas. The derogations in question and the journeys or area for which they are valid shall be specified in the vessel's certificate.
3. The Commission shall be notified of derogations adopted pursuant to this Article.
4. Any Member State which, as a result of derogations granted in accordance with paragraphs 1 and 2, has no vessels subject to the provisions of this Directive operating on its waterways shall not be required to comply with Articles 9, 10 and 12.
TITLE II Conditions and rules for issuing Community inland waterway certificates
Article 8
1. The Community certificate shall be issued to vessels laid down as from 1 January 1985 following a technical inspection carried out prior to the vessel being put into service and intended to check whether the vessel complies with the technical requirements laid down in Annex II.
2. The Community certificate shall be issued to vessels in service on 1 January 1985 and to vessels laid down before that date following a technical inspection to be carried out between 1 January 1986 and 1 July 1998, in accordance with a timetable to be laid down by each Member State, to check that the vessel complies with the technical requirements laid down in Annex II. This timetable shall be notified to the Commission and the other Member States.
However, in the case of vessels navigating exclusively on its national network and laid down before 1 January 1970, any Member State may decide to extend by seven years the period during which the technical inspection shall be carried out.
3. Compliance of a vessel with the additional requirements referred to in Article 5 shall, where appropriate, be checked during the technical inspections provided for in the preceding paragraphs, or during a technical inspection carried out at the request of the vessel's owner.
Article 9
The Community certificate shall be issued by the competent national authority of the Member State in which the vessel is registered or, failing that, of the Member State in which its home port is situated or, failing that, of the Member State in which the owner is established.
Such authorities may, where appropriate, request the competent authorities of another Member State to issue the certificate.
Each Member State shall draw up a list indicating which of its authorities are competent for issuing the certificates and shall notify it to the Commission and the other Member States.
Any Member State which, by virtue of Article 7 (4), has not appointed a competent authority may request another Member State or States to direct their competent authorities to issue Community certificates in respect of vessels registered in or having their home port in its territory, or owned by persons established therein.
Article 10
The technical inspection referred to in Article 8 shall be carried out by competent authorities which may refrain from subjecting the vessel in whole or in part to technical inspection where it is evident from a valid attestation, issued by a classification society approved by the State in which the certificate is issued, that the vessel satisfies in whole or in part the technical requirements of Annex II.
Each Member State shall draw up a list indicating which of its authorities are competent for carrying out technical inspections and shall notify it to the Commission and the other Member States.
Article 11
The period of validity of the Community certificate shall be determined in each specific case by the authority competent for issuing such certificates. However, this period shall not exceed 10 years.
Article 12
Each Member State shall lay down the conditions under which a valid certificate which has been lost or damaged may be replaced.
TITLE III Conditions and rules for the renewal or amendment of certificates
Article 13
The Community certificate shall be renewed on expiry of its period of validity, in accordance with the conditions and rules for the issue of such certificates.
Article 14
The validity of the certificate may exceptionally be extended for a maximum period of 12 months by the authority which issued or renewed it.
Such extension shall be indicated on the Community certificate.
Article 15
In the event of major alterations or repairs which modify the structural soundness or characteristics of the vessel, the latter shall again undergo, prior to any further voyage, the technical inspection provided for in Article 8.
Following this inspection, a new certificate stating the technical characteristics of the vessel shall be issued.
If this 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 one month.
TITLE IV Refusal or withdrawal
Article 16
Any decision to refuse to issue or renew the Community certificate shall state the grounds on which it is based. The person concerned shall be notified thereof and of the appeal procedure and its time limits in the Member State concerned.
Any valid certificate may be withdrawn by the competent authority which issued or renewed it if the vessel ceases to comply with the technical requirements specified in its certificate.
TITLE V Verification
Article 17
1. The competent authorities of a Member State may at any time check that a vessel is carrying a certificate valid under the terms of this Directive and satisfies the requirements set out in such certificate s).
2. If the authorities find upon inspection that the certificate is invalid, or that the vessel does not satisfy the requirements set out in the certificate, but that such invalidity or failure to satisfy the requirements does not constitute a manifest danger, the owner of the vessel or his representative shall take all necessary measures to remedy the situation. The authority which issued the certificate or which last renewed it shall be informed.
3. If, upon making the inspection referred to in paragraph 1, the authorities find that the certificate is not being carried or that the vessel constitutes a manifest danger, they may prevent the vessel from proceeding until the necessary steps have been taken to remedy the situation.
They may also prescribe measures which will enable the vessel to proceed safely, where appropriate on termination of its transport operations, to a place where it will be either inspected or repaired. The authority which issued or last renewed the certificate shall be informed.
4. A Member State which has prevented a vessel from proceeding, or has notified the owner of its intention to do so if the defects found are not corrected, shall inform the authority in the Member State which issued or last renewed the certificate, of the decision which it has taken or intends to take.
5. Any decision to interrupt the passage of a vessel taken pursuant to measures adopted in implementation of this Directive shall state in detail the reasons on which it is based. It shall be notified to the party concerned, who shall at the same time be informed of the appeal procedures available to him under the laws in force in the Member States and of their time limits.
TITLE VI Provisions applicable to the vessels of third countries
Article 18
Pending the conclusion of agreements on the mutual recognition of navigability certificates between the Community and third countries, Member States may recognize the navigability certificates of vessels from third countries and, where appropriate, issue Community certificates or supplementary Community certificates to vessels from third countries in accordance with this Directive.
TITLE VII Adaption of the Annexes to the Directive to technical progress
Article 19
The Council, acting by a qualified majority on a proposal from the Commission, shall adopt any amendments necessary to adapt the Annexes to this Directive to technical progress.
TITLE VIII Final provisions
Article 20
Directive 76/135/EEC shall continue to apply to: - vessels in service referred to in Article 8 (2) of this Directive until such time as they undergo the inspection provided for in that Article,
- passenger vessels,
- vessels which carry a Community certificate but do not yet comply with the requirements of Annex II, in accordance with the rules set out in 13.01 (a) of Chapter 13.
Article 21
The provisions concerning the composition and qualifications of crews and the necessary certificates which apply in Member States are not affected by this Directive.
Article 22
Member States shall, after consulting the Commission, adopt the provisions necessary to comply with this Directive not later than 1 January 1985.
Article 23
This Directive is addressed to the Member States.
Done at Luxembourg, 4 October 1982.