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Appendix II to Annex II of Directive 2006/87/EC is amended as follows: (a) the list of contents is amended as follows: (i) for No 4, the title is replaced by the following ‘Application of transitional provisions’ (ii) for No 6, the title is replaced by the following ‘Application of regulations in Chapter 15’ (iii) the following is added: ‘No 26: experts/competent persons No 27: Recreational craft’; (b) the Administrative instruction No 4 is replaced by the following: ‘ADMINISTRATIVE INSTRUCTION No 4 Application of Transitional provisions (Chapters 15 to 22b, Chapter 24 and Chapter 24a of Annex II) 1. APPLICATION OF TRANSITIONAL PROVISIONS IN JOINING TOGETHER PARTS OF CRAFT 1.1. Principles Where parts of different vessels are joined together, status quo protection shall be granted only for the parts which belong to the vessel which retains its Community certificate. Transitional provisions may therefore be invoked only for those parts. Other parts shall be treated as a newly built vessel. 1.2. Application of the transitional provisions in detail 1.2.1. Where parts of different vessels are joined together, transitional provisions may be invoked only for those parts which belong to the vessel which retains its Community certificate. 1.2.2. Parts which do not belong to the vessel which retains its vessel certificate shall be treated as a newly built craft. 1.2.3. After a vessel has had part of another vessel added to it, the former shall receive the European vessel identification number of the craft, which retains its Community certificate as the converted craft. 1.2.4. Where an existing Community certificate is retained or a new Community certificate is issued for a craft after a conversion, the year of construction of the oldest part of the craft shall additionally be entered in the Community certificate. 1.2.5. If a new fore section is attached to a craft, the engine for the bow thruster system installed in the fore section shall also comply with the current requirements. 1.2.6. If a new stern section is attached to a vessel, the engines installed in the stern section shall also comply with the current requirements. 1.3. Examples for illustration 1.3.1. A vessel is put together from two older vessels (vessel 1 year of construction 1968; vessel 2 year of construction 1972). The whole of vessel 1 apart from the fore section is used; of vessel 2, the fore section is used. The assembled vessel receives vessel 1’s Community certificate. The fore section of the assembled vessel must now be fitted, inter alia, with anchor niches. 1.3.2. A vessel is put together from two older vessels (vessel 1 year of construction 1975; vessel 2 year of construction 1958, oldest component 1952). The whole of vessel 1 apart from the fore section is used; of vessel 2, the fore section is used. The assembled vessel receives vessel 1’s Community certificate. The fore section of the assembled vessel must now be fitted, inter alia, with anchor niches. The oldest component from the original vessel 2, with year of construction 1952, is additionally entered in the Community certificate. 1.3.3. The stern section of a vessel of year of construction 2001 is attached to a vessel of year of construction 1988. The engine of the vessel of year of construction 1988 is to remain in the vessel. In this case, the engine has to be type approved. The engine would also have to be type approved if it was the engine in the 2001 stern section. 2. APPLICATION OF TRANSITIONAL PROVISIONS IN THE CASE OF A CHANGE IN THE TYPE OF CRAFT (INTENDED USE OF THE CRAFT) 2.1. Principles 2.1.1. In any decision on the application of transitional provisions in the case of change of the type of craft (vessel type; intended use of the vessel), as regards to Annex II to this Directive safety considerations shall be key. 2.1.2. It shall constitute a change in the type of craft if the safety requirements applying to the new type of craft are different from those for the old type; this is so if special provisions of Chapters 15 to 22b of Annex II are applicable to the new type which were not applicable to the old type. 2.1.3. In the case of a change in the type of craft, all special provisions and all requirements specific to this type of craft shall be complied with fully; transitional provisions may not be invoked for these requirements. This also applies to parts which are taken over from the existing craft and come under these special requirements. 2.1.4. The conversion of a tanker into a dry cargo vessel shall not constitute a change in the type of craft as defined in 2.1.2. 2.1.5. In the case of conversion of a cabin vessel into a day-trip vessel, all new parts shall comply fully with the current requirements. 2.2. Application of the transitional provisions in detail 2.2.1. Article 24.02(2) (NRC), resp. Article 24a.02(2) applies to the parts of the craft that are renewed; hence new parts of the craft cannot be subject to the transitional provisions. 2.2.2. For the parts of the craft that are not converted, the transitional provisions shall continue to be applicable with the exception of parts according to 2.1.3, second sentence. 2.2.3. If the dimensions of the craft are modified, the transitional provisions no longer apply to those parts of the craft that are connected with this modification (e.g. distance of collision bulkhead, freeboard and anchor). 2.2.4. In the case of a change in the type of craft, the special requirements of Annex II that only apply to the new type of craft shall be applicable. All parts and items of equipment that are affected by the conversion of the craft must satisfy the current requirements Part II and III of Annex II. 2.2.5. The craft shall then be granted a new or amended Community certificate and a note shall be made in fields 7 and 8 of the certificate both of the original construction and of the conversion. 2.3. Examples for illustration 2.3.1. A cargo vessel (year of construction 1996) is converted into a passenger vessel. Chapter 15 of Annex II then applies to the whole vessel, without invoking transitional provisions. If the fore section is not modified either according to the conversion plans or in accordance with Chapter 15, the vessel does not need to present any anchor niches in accordance with Article 3.03. 2.3.2. A tug (year of construction 1970) is converted into a pusher. The physical conversion consists solely of changing the deck equipment and installing a pushing device. All transitional provisions for a 1970 vessel remain applicable, except for the Chapters 5, 7 (in part), Article 10.01 and Article 16.01. 2.3.3. A motor tanker (year of construction 1970) is converted into a pusher. The physical conversion consists of separating off the fore section and the cargo section, as well as changing the deck equipment and installing a pushing device. All transitional provisions for a 1970 vessel remain applicable, except for the provisions of Chapters 5, 7 (in part), Article 10.01 and Article 16.01. 2.3.4. A motor tanker is converted into a motor cargo vessel. The motor cargo vessel must comply with current workplace safety requirements, particularly those referred to in Article 11.04 of Chapter 11 of Annex II. 3. APPLICATION OF TRANSITIONAL PROVISIONS IN THE CASE OF CONVERSION OF PASSENGER VESSELS 3.1. Application of the transitional provisions 3.1.1. Conversion measures that are necessary in order to comply with requirements of Chapter 15, no matter when they are carried out, shall not constitute conversion “C” within the meaning of Article 24.02(2), Article 24.03(1) or Article 24.06(5) of Annex II, resp. Article 24a.02, Article 24a.03. 3.1.2. In the case of conversion of a cabin vessel into a day-trip vessel, all new parts shall comply fully with the current requirements. 3.2. Examples for illustration 3.2.1. A passenger vessel (year of construction 1995) must have a second independent propulsion system installed by 1 January 2015 at the latest. If no other voluntary conversions are made on this passenger vessel, it is not necessary to carry out a stability calculation in accordance with the new requirements, but if there is an objective need for one, a stability calculation may be carried out in accordance with the original stability requirements of a Member State. 3.2.2. A passenger vessel (year of construction 1994, vessel certificate last renewed 2012) will be extended by 10 m in 2016. In addition, this craft must be given a second independent propulsion system. Also, a new stability calculation will be necessary, which must be carried out in accordance with Chapter 15 for the one-compartment status and the two-compartment status. 3.2.3. A passenger vessel (year of construction 1988) receives a more powerful propulsion system including propellers. This is such a major conversion that a stability calculation is required. This must be carried out in accordance with current requirements.’; (c) the Administrative instruction No 6 is replaced by the following: ‘ADMINISTRATIVE INSTRUCTION No 6 Application of Chapter 15 requirements Local subdivisions Transitional requirements for enclosures made with awnings or similar mobile installations (Article 15.02(5), 15.03(4), 15.03(9) of Annex II) 1. LOCAL SUBDIVISIONS (ARTICLE 15.02(5)) Under Article 15.02 paragraph 5 it is conceivable that local watertight subdivisions, such as transversally subdivided double bottom tanks of a greater length than the damage length to be considered, will not be included in the evaluation. In this case it might not be possible to take the transversal subdivision into account if it is not extended up to the bulkhead deck. This might lead to inappropriate subdivisions of bulkheads. Interpretation of the requirement: If a watertight compartment is longer than required by Article 15.03 paragraph 9 and it contains local subdivisions which form watertight sub compartments, and between which the minimum damage length can be contained, these can be taken into account in the damaged stability calculation. 2. TRANSITIONAL REQUIREMENTS FOR ENCLOSURES MADE WITH AWNINGS OR SIMILAR MOBILEINSTALLATIONS WITH REGARD TO STABILITY (ARTICLE 15.03 PARAGRAPH 5) Enclosures made with awnings or similar mobile installations can cause problems with the stability of the vessel since, if of sufficient size to do so, they influence the heeling moment due to wind pressure. Interpretation of the requirement: In the case of passenger vessels for which a vessel certificate was issued for the first time before 1 January 2006, or for which Article 24.06 paragraph 2, second sentence, is invoked, after the erection of an enclosure made with awnings or similar mobile installations, a new stability calculation must be made according to this Directive, in so far as its lateral plane Awz exceeds 5 % of the total lateral plane Aw to be taken into account in each case.’; (d) in Administrative instruction No 7 Part 1 is replaced by the following: ‘PART 1 Authorised special anchors Special anchors with a reduced mass, authorised by competent authorities according to Article 10.01 paragraph 5 are listed in the following table. Anchor No Acceppted reduction of the anchormass (%) Competent authority 1. HA-DU 30 Germany 2. D’Hone Spezial 30 Germany 3. Pool 1 (hol) 35 Germany 4. Pool 2 (massief) 40 Germany 5. De Biesbosch-Danforth 50 Germany 6. Vicinay-Danforth 50 France 7. Vicinay AC 14 25 France 8. Vicinay type 1 45 France 9. Vicinay type 2 45 France 10. Vicinay type 3 40 France 11. Stockes 35 France 12. D’Hone-Danforth 50 Germany 13. Schmitt HHP-anker 40 Netherlands 14. SHI high holding anchor, type ST (standard) 30 Netherlands 15. SHI high holding anchor, type FB (fully balanced) 30 Netherlands 16. Klinsmann anchor 30 Netherlands 17. HA-DU-POWER Anchor 50 Germany’ (e) in Administrative instruction No 11 point 4 after the explanation concerning item 2 of the Community certificate the following explanation of item 10 of the Community certificate is inserted: ‘10. In respect of vessels allowed to navigate on the Rhine, i.e. (a) those which comply fully with Annex II including the transitional provisions for Chapter 24; and (b) those which make no use of the transitional provisions of Chapter 24a or the reductions provided for in Annex IV, the following is to be added to the indent “— on Community waterways in zone(s)”: (a) Rhine or (b) zone R. ’ In point 4 the explanation concerning item 43 of the Community certificate is amended as follows: ‘43. Portable fire extinguishers required by other safety regulations, e.g. European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN), are not included here.’; (f) in Administrative instruction No 17 section 3 is replaced by the following: ‘3. ACCEPTANCE TEST 3.1. Fire alarm systems must be checked by an expert: (a) before being put into service for the first time, (b) before being put back into service after any major modification or repair, (c) regularly, at least every two years. In the case of engine rooms and boiler rooms these checks shall be made under various machine operation conditions and under changing ventilation conditions. Inspections as referred to in subsection (c) above may also be carried out by a competent person from a competent firm specialising in fire extinguishing systems. 3.2. An inspection certificate shall be issued, signed by the expert or competent person and showing the date of the inspection.’; (g) in Administrative instruction No 18 section 4 is replaced by the following: ‘4. The requirements set out in points 2 and 3 shall also be deemed to have been met if, for each of the two parts, the stability requirements set out in Section 9.1.0.95.2 of the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN) are met.’; (h) in Administrative instruction No 21 section 8 is replaced by the following: ‘8. Acceptance test 8.1. The luminance of the LLL must be checked by an expert (a) before being put into service for the first time, (b) before being put back into service after any major modification or repair, (c) regularly, at least every five years. Checks as referred to in subsection (c) above may also be carried out by a competent person trained in safety guidance systems. 8.2. An inspection certificate shall be issued, signed by the expert or competent person and showing the date of the inspection. 8.3. If, after a single measurement, the luminance does not meet the requirements set out in this administrative instruction, measurements are to be taken at least 10 equidistant points. If over 30 % of the measurements do not meet the requirements set out in this administrative instruction, the safety guidance systems must be replaced. If 20 to 30 % of the measurements do not meet the requirements set out in this administrative instruction, the safety guidance systems are to be checked again within one year.’; (i) in Administrative instruction No 24 section 4 is replaced by the following: ‘4. Calibration and inspection of gas leak detectors, replacement of parts with limited service life 4.1. Gas leak detectors shall be calibrated and inspected by an expert or a competent person as directed by the manufacturer: (a) before being put into service for the first time, (b) before being put back into service after any major modification or repair, (c) regularly. A calibration and inspection certificate shall be issued, signed by the expert or competent person and showing the date of the inspection. 4.2. Parts of the gas warning equipment which have a limited service life must be duly replaced before expiry of their specified operational life.’; (j) the following administrative instructions No 26 and 27 are added: ‘ADMINISTRATIVE INSTRUCTION No 26 Experts and Competent Persons (Article 1.01 paragraphs 106 and 107 of Annex II) Experts Experts are required to carry out acceptance tests which call for specialist knowledge either on account of the complexity of the systems or on account of the safety level required. The following persons or institutions are among those authorised to carry out such acceptance tests: — classification societies which have the necessary in-house expertise or which bear responsibility, on the basis of their authorisation, for calling in external persons or institutions and have the necessary quality control systems in place in respect of the selection of these persons or institutions; — members of the inspection bodies or employees of the relevant authorities; — officially approved persons or institutions with recognised expertise for the scope of inspection in the relevant subject area, whereby the vessel inspection bodies can also issue this approval in their capacity as public agencies, ideally on the basis of a quality assurance system. A person or institution is also deemed to be approved if the latter has passed an official selection procedure which specifically assesses the possession of the required expertise and experience. Competent persons Competent persons are required, for example, to conduct regular visual checks and operating checks on safety equipment. The following may be classed as competent persons: — persons who, on the basis of their professional training and experience, have sufficient expertise to be able to assess specific situations and circumstances, e.g. ship’s masters, safety officers in shipping companies, crew members with relevant experience; — companies which have acquired sufficient specialist knowledge on the basis of their regular work, e.g. shipyards or installation firms; — manufacturers of special-purpose systems (e.g. fire extinguishing systems, control equipment). Terminology German English French Dutch Sachverständiger expert expert erkend deskundige Sachkundiger competent person spécialiste deskundige Fachfirma competent firm société spécialisée deskundig bedrijf Acceptance tests The table below summarises the schedule of acceptance tests, including their frequency and the type of inspector required to conduct them. This table is for information purposes only. Rule Subject matter Maximum test interval Inspector Article 6.03(5) Hydraulic cylinders, pumps and motors 8 years Competent firm Article 6.09(3) Motor-driven control equipment 3 years Competent person Article 8.01(2) Pressure vessels 5 years Expert Article 10.03(5) Portable fire extinguishers 2 years Competent person Article 10.03a(6)(d) Built-in fire extinguishing systems 2 years Competent person or competent firm Article 10.03b(9)(b)(dd) Built-in fire extinguishing systems 2 years Competent person or competent firm Article 10.04(3) Inflatable launches As specified by the manufacturer Article 10.05(3) Life jackets As specified by the manufacturer Article 11.12(6) Cranes 10 years Expert Article 11.12(7) Cranes 1 year Competent person Article 14.13 Liquefied gas installations 3 years Expert Article 15.09(9) Life-saving appliances As specified by the manufacturer Article 15.10(9) Insulating resistance, earthing before expiry of validity of the Community certificate Administrative instruction No 17 Fire alarm systems 2 years Expert or competent person Administrative instruction No 21 Safety guidance systems 5 years Expert or competent person Administrative instruction No 24 Gaswarning equipment As specified by the manufacturer Expert or competent person ADMINISTRATIVE INSTRUCTION No 27 Recreational craft (Article 21.02(2) in conjunction with Article 7.02, Article 8.05(5), Article 8.08(2) and Article 8.10 of Annex II) 1. General Recreational craft of up to 24 metres length, that are placed on the market, have to comply with the requirements of Directive 94/25/EC of the European Parliament and of the Council (14), as amended by Directive 2003/44/EC (15). According to Article 3 in conjunction with Article 2 of this Directive, recreational craft having a length of 20 metres or more shall carry a Community inland navigation certificate attesting the craft’s compliance with the technical requirements of Annex II. Since double inspection or certification for certain equipment, arrangements and installations of newly built recreational craft which can result from certain provisions in Article 21.02 of Annex II should be avoided, this Administrative Instruction gives information on those requirements listed in Article 21.02 that are already sufficiently covered under Directive 94/25/EC. 2. Requirements in Article 21.02 which are already covered under Directive 94/25/EC For recreational craft subject to Directive 94/25/EC the inspection body shall as regards to the issuance of the Community inland navigation certificate (initial inspection) not require further inspection or certification of the following requirements of Article 21.02 (2), of Annex II provided that the craft presented for inspection has been placed on the market no more than 3 years before the date of presentation to the inspection body and no modifications to the craft have been carried out, and the Declaration of Conformity refers to the following harmonised standards or their equivalence: — : Article 7.02 : EN ISO 11591:2000, (Unobstructed view) — : Article 8.05(5) : EN ISO 10088:2001, (Fuel tanks and pipes) — : Article 8.08(2) : EN ISO 15083:2003, (Bilge pumping) — : Article 8.10 : EN ISO 14509, (Noise emission)