1996L0050 — EN — 20.11.2003 — 001.001 — 1
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►B COUNCILDIRECTIVE96/50/EC
of23July1996
on the harmonization of the conditions for obtaining national boatmasters' certificates for the
carriage ofgoodsandpassengersbyinlandwaterwayintheCommunity
(OJ L 235, 17.9.1996, p. 31)
Amended by:
Official Journal
No page date
►M1Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
▼B
COUNCILDIRECTIVE96/50/EC
of23July1996
ontheharmonizationoftheconditionsforobtainingnationalboat-
masters' certificates for the carriage of goods and passengers by
inlandwaterwayintheCommunity
THE COUNCIL OF THE EUROPEAN UNION
Having regard to the Treaty establishing the European Community, and
in particular Article 75 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social
Committee (2),
Acting in accordance withth e procedure referred to in Article 189c of
the Treaty (3),
Whereas common provisions on the sailing of inland waterway vessels
on the Community's inland waterways should be introduced; whereas afirst step towards this goal was accomplished with the adoption ofCouncil Directive 91/672/EEC of 19 December 1991 on the reciprocalrecognition of national boatmasters' certificates for the carriage of
goods and passengers by inland waterway (
4);
Whereas, because of differences in national legislation relating to the
conditions for obtaining boatmasters' certificates for inland navigationand the need to make safety requirements in the inland navigationindustry gradually stricter, Community rules for the issue of such certi-
ficates should be adopted in order to prevent any distorsions of
competition;
Whereas, in order to guarantee the necessary uniformity and transpar-
ency, the Community should define a model for a single nationalboatmasters' certificate, mutually recognized by the Member Stateswith no exchange obligation, responsibility for the granting of which
would, in accordance withth e subsidiarity principle, lie withth e
Member States;
Whereas national navigable waterways not linked to the navigable
network of another Member State are not subject to internationalcompetition and it is therefore not necessary to make compulsory on
those waterways the common provisions for the granting of boatmas-
ters' certificates laid down in this Directive;
Whereas the main objective of these common provisions must be to
improve the safety of navigation and the protection of human life;whereas it appears therefore essential that these provisions establishthe minimum requirements which the applicant must meet in order to
obtain the boatmasters' certificate for inland navigation;
Whereas the requirements in question must concern at least the age
required to sail a vessel, the physical and mental fitness of applicants,their professional experience and knowledge of certain subjects relatingto the sailing of a vessel; whereas, in the interests of the safety of the
vessel and of the persons on board, Member States may impose addi-
tional requirements regarding in particular the knowledge of certainlocal situations; whereas additional professional knowledge is requiredto navigate withth e aid of radar or to sail a vessel carrying passengers;
Whereas it is necessary to make provision for appropriate procedures to
adapt the Annexes of this Directive; whereas it is thus appropriate that1996L0050 — EN — 20.11.2003 — 001.001 — 2
(1) OJ No C 280, 6. 10. 1994, p. 5.
(2) Opinion delivered on 25 January 1995 (OJ No C 102, 24. 4. 1995, p. 5).
(3) Opinion of the European Parliament of 2 March 1995 (OJ No C 68, 20. 3.
1995, p. 41), common position of the Council of 8 December 1995 (OJ No
C 356, 30. 12. 1995, p. 66) and Decision of the European Parliament of 9
May 1996 (OJ No C 152, 27. 5. 1996, p. 46).
(4) OJ No L 373, 31. 12. 1991, p. 29.
▼B
the Committee set up by Article 7 of Directive 91/672/EEC should
assist the Commission in adapting the Annexes,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Member States issuing a boatmasters' certificate for the carriage
of goods and passengers by inland waterway, hereinafter referred to asthe ‘certificate’, shall do so in accordance wit the Community modeldescribed in Annex I, which complies with this Directive.
2. Member States shall take all appropriate measures to preclude the
risk of certificates being forged.
3. The certificate shall be issued by the competent authority of the
Member States in accordance with this Directive. It shall take account
of the special characteristics of the waterways and of the certificates
referred to in Article 1 of Directive 91/672/EEC, namely:
— the boatmasters' certificate valid for all waterways in the Member
States, with the exception of waterways to which the Regulationon the issue of Rhine navigation licences applies (Group A),
— the boatmasters' certificate valid for all waterways in the Member
States, with the exception of the waterways of a maritime character
referred to in Annex II to Directive 91/672/EEC, and withth e
exception of waterways to which the Regulation on the issue ofRhine navigation licences applies (Group B).
4. The Group A or Group B certficate issued by Member States in
conformity with this Directive shall be valid for all Group A or Group
B waterways in the Community.
5. Subject to Article 8 (2), the Rhine navigation licence, issued in
accordance with the revised Convention for the Navigation of the
Rhine, shall be valid for all waterways in the Community.
6. The national boatmasters' certificates mutually recognized by
Directive 91/672/EEC, appearing in Annex I to this Directive, whichare issued not later than 18 months after the date of entry into force
of this Directive shall remain valid with no exchange obligation.
Article 2
For the purposes of this Directive:
(a) ‘competent authority’ shall mean the authority designated by a
Member State to issue certificates after verifying that applicantssatisfy the requirements;
(b) ‘boatmaster’ shall mean the person who has the necessary aptitude
and qualifications to sail a vessel on the Member States' waterwaysand who has nautical responsibility on board;
(c) ‘member of the deck crew’ shall mean a person who has regularly
participated in sailing a vessel in inland navigation, including
manning the tiller.
Article 3
1. This Directive shall apply to all boatmasters of inland-waterway
vessels: self-propelled barges, tugs, pusher craft, barges, pushed
convoys or side-by-side formations, intended for the transport of goodsor passengers, except for:
— boatmasters of vessels intended for goods transport which are under
20 metres in length,
— boatmasters of vessels intended for passenger transport, which carry
no more than 12 people in addition to the crew.
2. A Member State may, after consulting the Commission, exempt
from the application of this Directive boatmasters operating exclusivelyon national waterways not linked to the navigable network of anotherMember State and issue them with national boatmasters' certificates,1996L0050 — EN — 20.11.2003 — 001.001 — 3
▼B
the conditions for obtaining which may differ from those defined in
this Directive. The validity of those national certificates shall in thatcase be limited to those waterways.
Article 4
1. In order to obtain a certificate, an applicant must satisfy the
minimum requirements set out in Articles 5 to 8. The certificate shall
mention whether the boatmaster has Group A or Group B authoriza-
tion.
2. The certificates issued by the Member States which meet the
minimum requirements mentioned in paragraph1 sh all be mutuallyrecognized.
Article 5
An applicant must be at least 21 years old to obtain a certificate.
However, Member States may still issue certificates to persons 18 years
old or older. Recognition by a Member State of a Group A or B certi-
ficate issued by another Member State may be subject to the sameminimum age conditions as are required in that Member State for theissue of a certificate for the same Group.
Article 6
1. The applicant shall provide proof of physical and mental fitness
by passing a medical examination carried out by a doctor recognizedby the competent authority. That examination shall cover in particularvisual and auditory acuity, colour vision, motricity of the upper andlower limbs and the neuro-psychiatric state and cardiovascular condi-
tion of the applicant.
2. On reaching the age of 65 years, the holder of a certificate must,
in the following three months and subsequently every year, undergo theexamination referred to in paragraph 1; the competent authority shall
attest on the certificate that the boatmaster has satisfied this obligation.
Article 7
1. An applicant must provide proof of at least four years' profes-
sional experience as a member of the deck crew on an inland
waterway vessel.
2. To be taken into account, professional experience must be vali-
dated by the competent authority of the Member State by beingentered in a personal service record. It may have been acquired on
any of the Member States' waterways. In the case of waterways part
of whose courses are within Community territory, such as the Danube,Elbe and Oder, the professional experience acquired on all sections ofthose watercourses will be taken into consideration.
3. The minimum duration of the professional experience referred to
in paragraph1 may be reduced by a maximum of th ree years:
(a) where the applicant has a diploma recognized by the competent
authority which confirms specialized training in inland navigationcomprising practical navigation work; the reduction may not be
greater than the duration of the specialized training; or
(b) where the applicant can provide proof of professional experience
acquired on a seagoing vessel as a member of the deck crew; in
order to obtain the maximum reduction of three years, the applicantmust provide proof of at least four years' experience in maritimenavigation.
4. The minimum duration of professional experience provided for in
paragraph 1 may be reduced by a maximum of three years where theapplicant has passed a practical examination in sailing a vessel; thecertificate shall in that case cover only vessels with nautical character-istics similar to those of the vessel which underwent the practicalexamination.1996L0050 — EN — 20.11.2003 — 001.001 — 4
▼B
Article 8
1. An applicant must have passed an examination of professional
knowledge; that examination must include at least the general subjectslisted in Chapter A of Annex II.
2. Subject to consultation of the Commission, a Member State may
require a boatmaster to satisfy additional requirements concerning
knowledge of the local situation for navigation of certain waterways,
with the exception of the waterways of a maritime character referredto in Annex II to Directive 91/672/EEC.
Subject to the same reservation, a Member State may require the boat-
master of a passenger vessel, in certain limited transport areas, to havemore detailed professional knowledge of special provisions relating topassenger safety, particularly in the event of accidents, fire or ship-
wreck.
Article 9
1. In order to be authorized to navigate with the aid of radar, the
boatmaster must hold a special attestation delivered by the competent
authority as proof that he has passed the examination covering profes-
sional knowledge of the subjects referred to in Chapter B of Annex II.
The Member States shall recognize the qualification issued under the
regulation of the issuing of qualifications to sail a vessel with the aidof radar on the Rhine.
2. An applicant satisfying the conditions set out in paragraph 1 shall
have his or her fitness to navigate by radar attested by the competentauthority in the form of an endorsement on the certificate.
Article 10
In order to be allowed to sail a boat transporting passengers on the
waterways of the Member States, either the boatmaster or anothermember of the crew must be in possession of a special certificateissued by the competent authority as proof of his/her having passed an
examination of professional knowledge in the subjects referred to in
Chapter C of Annex II.
Article 11
The Commission, acting in accordance with the procedure laid down in
Article 12, may take the necessary steps with a view to adapting the
form of boatmasters' certificate in Annex I and in the light of thedevelopment of the necessary professional knowledge required for theissue of the certificate and specified in Annex II.
Article 12
1. The Commission shall be assisted in the application of Article 11
by the Committee set up by Article 7 of Directive 91/672/EEC (herein-after referred to as ‘the Committee’).
2. Where reference is made to this Article, Articles 4 and 7 of Deci-
sion 1999/468/EC (
1) shall apply, having regard to the provisions of
Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at one month.
3. The Committee shall adopt its rules of procedure.1996L0050 — EN — 20.11.2003 — 001.001 — 5
(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼M1
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Article 13
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply withth is Directive not
later than 18 months after the date of entry into force of this Directive.
They shall immediately inform the Commission thereof.
When Member States adopt these provisions, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference on theoccasion of their official publication. The methods of making suchreference shall be laid down by Member States.
2. Member States shall immediately communicate to the Commis-
sion the text of the provisions they adopt in the field governed by this
Directive.
3. Where necessary, Member States shall assist one another in the
implementation of this Directive.
Article 14
This Directive shall enter into force on the 20th day following that of
its publication in the Official Journal of the European Communities .
Article 15
This Directive is addressed to the Member States.1996L0050 — EN — 20.11.2003 — 001.001 — 6
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ANNEX I
1996L0050 — EN — 20.11.2003 — 001.001 — 7
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ANNEX II
PROFESSIONAL KNOWLEDGE REQUIRED TO OBTAIN THE BOAT-
MASTERS'CERTIFICATEFORINLANDNAVIGATION
CHAPTER A
Generalsubjectsrelatingtothetransportofgoodsandpassengers
PART 1: GROUP A CERTIFICATE
1.Navigation
(a) Exact knowledge of the traffic regulations of inland and maritime water-
ways, particularly of ECIW (European code for inland waterways) and of
the International Regulations for Preventing Collisions at Sea, including
nautical signing (designation and buoying of waterways);
(b) Knowledge of the general geographical, hydrological, meteorological and
morphological characteristics of the main inland and maritime water-
ways;
(c) Terrestrial navigation with:
Determination of the course, position lines and ship's position, nautical
printed matters and publications, work in the sea chart, nautical marks
and buoyage systems, checking of the compass and bases of tidology.
2.Vessel manoeuvring and handling
(a) Handling of the vessel taking account of the effect of wind, current,
thrust deduction and draught for the evaluation of sufficient buoyancy
and stability;
(b) Role and functioning of the rudder and propeller;
(c) Anchoring and berthing in all conditions;
(d) Manoeuvres in locks and ports, manoeuvres when meeting and passing
other vessels.
3.Vessel construction and stability
(a) Knowledge of the basic principles of vessel construction with regard in
particular to the safety of persons, the crew and the vessel;
(b) Basic knowledge of Council Directive 82/714/EEC of 4 October 1982 on
the technical provisions for inland waterway vessels(1);
(c) Basic knowledge of the main component parts of the vessel;
(d) Theoretical knowledge of the buoyancy and stability rules and their prac-
tical application, especially seaworthiness;
(e) Additional requirements and in particular additional equipment, on mari-
time waterways.
4.Engines
(a) Basic knowledge of the design and working of the engines in order to
ensure their proper functioning;
(b) Operation and inspection of the main and auxiliary engines and action to
be taken in case of disorder.
5.Loading and unloading
(a) Use of draught indicators;
(b) Determination of the loading weight using the certificate of measure-
ment;
(c) Loading and unloading, stowage of cargo (stowage plan).
6.Action in special circumstances
(a) Principles of accident prevention;
(b) Measures to be taken in the event of damage, collision and running
aground including the sealing of leaks;
(c) Use of rescue apparatus and equipment;1996L0050 — EN — 20.11.2003 — 001.001 — 8
(1) OJ No L 301, 28. 10. 1982, p. 1.
▼B
(d) First aid in the event of accidents;
(e) Prevention of fires and use of fire-fighting equipment;
(f) Prevention of pollution of waterways;
(g) Specific measures relating to the rescue of persons, vessels and cargo on
maritime shipping routes, surivival in distress.
PART 2: GROUP B CERTIFICATE
1.Navigation
(a) Exact knowledge of the traffic regulations of inland waterways, particu-
larly of ECIW (European code for inland waterways), including nautical
signing (designation and buoying of waterways);
(b) Knowledge of the general geographical, hydrological, meteorological and
morphological characteristics of the main inland waterways;
(c) Determination of the course, nautical printed matters and publications,
buoyage systems.
2.Vessel manoeuvring and handling
(a) Handling of the vessel taking account of the effect of wind, current,
thrust deduction and draught for the evaluation of sufficient buoyancy
and stability;
(b) Role and functioning of the rudder and propeller;
(c) Anchoring and berthing in all conditions;
(d) Manoeuvres in locks and ports; manoeuvres when meeting and passing
other vessels.
3.Vessel construction and stability
(a) Knowledge of the basic principles of vessel construction with regard in
particular to the safety of persons, the crew and the vessel;
(b) Basic knowledge of Council Directive 82/714/EEC of 4 October 1982 on
the technical provisions for inland waterway vessels;
(c) Basic knowledge of the main component parts of the vessel;
(d) Theoretical knowledge of the buoyancy and stability rules and their prac-
tical application.
4.Engines
(a) Basic knowledge of the design and working of the engines in order to
ensure their proper functioning;
(b) Operation and inspection of the main and auxiliary engines and action to
be taken in case of disorder.
5.Loading and unloading
(a) Use of draught indicators;
(b) Determination of the loading weight using the certificate of measure-
ment;
(c) Loading and unloading, stowage of cargo (stowage plan).
6.Action in special circumstances
(a) Principles of accident prevention;
(b) Measures to be taken in the event of damage, collision and running
aground, including the sealing of leaks;
(c) Use of rescue apparatus and equipment;
(d) First aid in the event of accidents;
(e) Prevention of fires and use of fire-fighting equipment;
(f) Prevention of pollution of waterways.1996L0050 — EN — 20.11.2003 — 001.001 — 9
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CHAPTER B
Obligatoryadditionalsubjectsforradarnavigation
(a) Knowledge of radar theory: general knowledge of radioelectric waves and
principles of radar operation;
(b) Ability to use radar equipment, interpretation of the radar display, analysis
of the information supplied by the equipment and knowledge of the limits of
the information supplied by radar;
(c) Use of the turn indicator;
(d) Knowledge of the ECIW rules on radar navigation.
CHAPTER C
Obligatoryadditionalknowledgeforpassengertransport
1. Basic knowledge of technical regulations on: the stability of passenger
vessels in case of damage, division into watertight compartments, plane of
maximum draught.
2. First aid in case of accidents.
3. Fire prevention and fire-fighting equipment.4. Life-saving methods and equipment.
5. How to protect passengers in general, especially in the case of evacuation,
damage, collision, running aground, fire, explosion and other situations
which may give rise to panic.
6. Knowledge of safety instructions (emergency exits, gangplank, use of emer-
gency helm).1996L0050 — EN — 20.11.2003 — 001.001 — 10