1976L0135 — EN — 24.11.1978 — 001.001 — 1
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►B COUNCIL DIRECTIVE
of 20January 1976
on reciprocal recognition of navigability licences for inland waterway vessels
(76/135/EEC)
(OJ L 21, 29.1.1976, p. 10)
Amended by:
OfficialJournal
No page date
►M1 CouncilDirective 78/1016/EEC of 23 November 1978 L 349 31 13.12.1978
1976L0135 — EN — 24.11.1978 — 001.001 — 2
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COUNCIL DIRECTIVE
of 20January 1976
on reciprocal recognition of navigability licences for inland
waterway vessels
(76/135/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 proposalfrom the Commission,Having regard to the opinion of the European Parliament (
1),
Having regard to the opinion of the Economic and SocialCommittee (2),
Whereas reciprocal recognition of navigability licences for inland
waterway vessels should be achieved as a first step towards improvingthe safety of inland navigation in the Community;
Whereas it is necessary to establish under what circumstances and on
what conditions Member States may interrupt the passage of a vessel;
Whereas it is necessary to fix a time limit for the adoption of common
technical requirements, and whereas this Directive should be valid onlyuntilthese common provisions come into force,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to:
(a) vessels used for goods transport and having a total dead weight of
20 metric tons or more, including tugs and pusher craft,
(b) vessels used for the transport of more than 12 passengers,on inland waterways. This Directive shall not prejudice the provisions
laid down in the Regulation on inspection of shipping on the Rhine andin the Agreement on transport of dangerous goods on the Rhine(ADNR).
Article 2
1. Member states shall, to the extent required, lay down any neces-
sary procedures for the issue of navigability licences.
However, a Member State may exempt from this Directive vessels
which do not leave the inland waterways of its territory.
2. Navigability licences shall be issued by the Member State in
which the vesselis registered or has its home port or, fail ing that, by theMember State in which the owner of the vesselis domicil ed. AnyMember State may request another Member State to issue navigabilitylicences for vessels operated by nationals of the former. Member Statesmay delegate their powers to approved bodies.
3. Navigability licences shall be made out in a Community language,
and shall provide at least the information and use the system ofnumbering specified in the Annex.
(1) OJ No C 280, 8. 12. 1975, p. 71.
(2) Opinion delivered 27. 11. 1975 (not yet published in the Official Journal).
1976L0135 — EN — 24.11.1978 — 001.001 — 3
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Article 3
1. Subject to paragraphs 3 to 6, each Member State shall recognize
for navigation on its national waterways the navigability licences issuedby another Member State in accordance with Article 2 on the samebasis as if it had issued the licences itself.
2. Paragraph 1 shall apply only if the licence was issued or last
extended not more than five years previously and has not expired.
The certificate issued pursuant to the Regulation on inspection of ship-
ping on the Rhine shall be accepted as evidence, within the meaning ofparagraphs 3 and 5, for its full duration.
3. Member States may require that the technicalspecifications l aid
down in the Regulation on inspection of shipping on the Rhine arecomplied with. They may require the certificate referred to in paragraph2 (2) as proof of this.
4. Member States may require vessels carrying dangerous goods as
defined in the ADNR to comply with the requirements laid down in thisAgreement. As proof of this, they may require that the authorizationprovided for in this Agreement be produced.
5. Vessels which fulfil the requirments laid down in the Regulation
on inspection of shipping on the Rhine shall be admitted to all inlandwaterways in the Community. Evidence of compliance with theserequirements may be provided by the certificate referred to in paragraph2 (2).
Specialconditions for the transport of dangerous goods shal lbe consid-
ered fulfilled in all Community waterways if the vessels meet therequirements of the ADNR. The relevant proof may be provided by theauthorization referred to in paragraph 4.
6. Member States may require fulfilment in maritime shipping lanes
of additionalconditions equival ent to those required for their ownvessels. Member States shall inform the Commission of their maritimeshipping lanes, the list of which will be drawn up by the Commissionwithin three months following the entry into force of this Directive, onthe basis of the information supplied to it by the Member States.
Article 4
1. Any Member State may withdraw a navigability licence which it
has issued.
2. Any Member State may interrupt the passage of a vessel, where
the vessel is found on inspection to be in a condition which clearlyconstitutes a danger to the surroundings, untilthe defects have beencorrected. It may also do so where the vessel or its equipment is foundon inspection not to satisfy the requirements set out in the navigabilitylicence or in the other documents referred to in Article 3 as the casemay be.
3. A Member State which has interrupted the passage of a vessel, or
has indicated its intention to do so if the defects are not corrected, shallinform the competent authorities of the Member State where the navig-ability licence or the other documents referred to in Article 3 wereissued of the reasons for the decision it has taken or it intends to take.
4. All decisions to interrupt the passage of a vessel taken pursuant to
measures adopted in implementation of this Directive shall state indetailthe reasons on which they are based. A decision shal lbe notifiedto the party concerned, who shall at the same time be informed of theremedies available to him under the laws in force in the Member Statesand of the time limits allowed for the exercise of such remedies.
Article 5
As soon as possible and not later than ►
M11 January 1980 ◄, the
Council shall, on a proposal from the Commission, adopt common
1976L0135 — EN — 24.11.1978 — 001.001 — 4
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provisions establishing technical requirements for inland waterwayvessels.
Article 6
Member States shall, in good time and within one year of the adopation
of the Directive by the Council, and after consulting the Commission,adopt such laws, regulations or administrative provisions as may benecessary to comply with this Directive.
▼
M1
Article 7
This Directive shall be valid until the effective entry into force of the
provisions referred to in Article 5.
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Article 8
This Directive is addressed to the Member States.
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ANNEX
Minimum information to appear on the licences
The information is divided into three categories:
I. compulsory: no special sign
II. required if applicable: (x)
III. usefulbut optional : (+)
1. Name of the authority or approved body issuing the document
2. (a) Title of document
(b) (+) Number of document
3. Issuing State4. Name and domicile of the owner of the vessel5. Name of vessel6. (x) Place and number of registration7. (x) Home port8. (+) Construction type9. (+) Utilization
10. Main characteristics : (a) overall length in meters
(b) overall breadth in meters(c) depth below waterlin at maximum draught(s) in
meters
11. (x) Dead weight(s) in metric tons or displacement(s) in cubic metres at
maximum draught(s)
12. (x) Indication of draught marking13. (x) Maximum authorized number of passengers14. (x) Total power of propelling engines in HP or kW15. Minimum freeboard(s) in centimetres16. (a) Declaration: The vessel indicated above is certified as being suitable for
navigation
(b) (x) Subject to the following conditions
(c) (x) Indication of navigation restrictions
17. (a) Date of expiry
(b) Date of issue
18. Stamp an signature of the autority or approved body issuing the licence.