COUNCIL DECISION (EU) 2022/1912

of 29 September 2022

on the position to be taken on behalf of the European Union within the Central Commission for the Navigation of the Rhine on the adoption of the revised Regulations for Rhine Navigation Personnel

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Revised Convention for the Navigation of the Rhine of 17 October 1868, as amended by the Convention amending the Revised Convention for the Navigation of the Rhine, signed on 20 November 1963, entered into force on 14 April 1967 (the ‘Convention’).

(2) Pursuant to Article 17 of the Convention, the Central Commission for the Navigation of the Rhine (‘CCNR’) may adopt requirements in the field of professional qualifications.

(3) It is envisaged that in the coming months the CCNR will adopt by written procedure a resolution that will amend the Regulations for Rhine Navigation Personnel (‘RPN’) in order to take into account Directive (EU) 2017/2397 of the European Parliament and of the Council (1). For certificates of qualification, service record books or logbooks issued in accordance with those Regulations to be valid on Union inland waterways, the RPN must lay down requirements that are identical to those of that Directive.

(4) While Directive (EU) 2017/2397 accepts the co-existence of the legal framework of the Union and of that of the CCNR, the effectiveness of that Directive must not be compromised. The provisions of the RPN, in particular those laid down in its Articles 3.02(1), second subparagraph, 5.01(6), 13.01 and 13.03, therefore apply without prejudice to the application of Directive (EU) 2017/2397 on Union inland waterways where that Directive lays down requirements on the same subject. Notably, the Member States that are members of the CCNR are to apply the procedure for identifying stretches of inland waterways with specific risks laid down in Article 9 of Directive (EU) 2017/2397.

(5) It is appropriate to establish the position to be taken on the Union’s behalf within the CCNR, as the adoption of the revised RPN is capable of decisively influencing the content of Union law, namely Directive (EU) 2017/2397.

(6) The position of the Union should therefore be to agree to the adoption of a version of the RPN that contains requirements identical to those of Directive (EU) 2017/2397, subject to the modifications set out in the Annex to this Decision.

(7) The Union is not a member of the CCNR. The position of the Union should be expressed by the Member States that are members of the CCNR, acting jointly in the interest of the Union,

HAS ADOPTED THIS DECISION:

Article 1 The position to be taken on behalf of the Union within the Central Commission for the Navigation of the Rhine (‘CCNR’) shall be to agree to the adoption of an amended version of the Regulations for Rhine Navigation Personnel that contains requirements identical to those of Directive (EU) 2017/2397, subject to the modifications set out in the Annex to this Decision.

Article 2 The position set out in Article 1 shall be expressed by the Member States that are members of the CCNR, acting jointly in the interest of the Union.

Article 3 Minor technical changes to the position set out in Article 1 may be agreed upon without further decision of the Council.

Article 4 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 29 September 2022. For the Council The President J. SÍKELA

(1) Directive (EU) 2017/2397 of the European Parliament and of the Council of 12 December 2017 on the recognition of professional qualifications in inland navigation and repealing Council Directives 91/672/EEC and 96/50/EC (OJ L 345, 27.12.2017, p. 53).