Proposal for a Council Directive on the harmonization of the conditions for obtaining national boatmasters' certificates for the carriage of goods and passengers by inland waterway in the Community (94/C 280/05) (Text with EEA relevance) COM(94) 359 final - 94/0196(SYN)

(Submitted by the Commission on 8 September 1994)

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,

In cooperation with the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas common provisions on the sailing of inland waterway vessels on the Community's inland waterways should be introduced and a first step towards this goal was accomplished with the adoption of Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway (1).

Whereas differences in national legislation relating to the conditions for obtaining boatmasters' certificates for inland navigation may distort competition between inland navigation carriers from the various Member States; whereas such distortions should be eliminated by introducing common provisions in this field at Community level;

Whereas in accordance with the subsidiarity principle and in order to guarantee the necessary uniformity and transparency, the Community should define a model for a single national boatmasters' certificate, mutually recognized by the Member States with no exchange obligation, responsibility for the granting of which would lie with the Member States;

Whereas national navigable waterways not linked to the navigable network of another Member State are not subject to international competition; whereas it is therefore not necessary to make compulsory on those waterways the common provisions for the granting of boatmasters' certificates provides for 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 is therefore essential that these provisions establish the 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 minimum age required to sail a vessel, the physical and mental fitness of applicants, their professional experience and knowledge of certain subjects relating to 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 additional requirements regarding in particular the knowledge of certain local situations; whereas additional professional knowledge is required to sail a vessel transporting dangerous substances or to navigate with the aid of radar;

Whereas it is necessary to make provision for appropriate procedures to adapt the Annexes of this Directive; whereas it is appropriate that the Committee referred to in Directive 91/672/EEC should assist the Commission in adapting the Annexes,

HAS ADOPTED THIS DIRECTIVE:

Article 1

1. Member States shall draw up a boatmasters' certificate for the carriage of goods and passengers by inland waterway, hereinafter referred to as the 'certificate`, in accordance with the Community model described in Annex I, which complies with the provisions of 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 conformity with the provisions of this Directive. It shall take account of the special characteristics of waterways and of the certificates referred to in Article 1 of Directive 91/672/EEC, namely:

- the boatmasters' certificate valid for all waterways of Member States with the exception of the Rhine above the Spyckse Veer (Group A),

- the boatmasters' certificate valid for all waterways of the Member States, with the exception of the waterways of a maritime character referred to in Annex II to Directive 91/672/EEC, and with the exception of the Rhine above the Spyckse Veer (Group B).

4. The Group A or Group B certificate issued by Member States in conformity with the provisions of the Directive shall be valid for all the Group A or Group B waterways of the Community.

5. Subject to the provisions of 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 boatmastes' certificates mutually recognized by Directive 91/672/EEC referred to in Annex I to that Directive and delivered before 1 January 1996 shall remain valid until their expiry dates with no exchange obligation.

Article 2

For the purposes of this Directive:

(a) 'competent authority` shall mean the authority designated by the Member State to issue the certificate after verifying that the applicant satisfies the requirements;

(b) 'boatmaster` shall mean the person who has the necessary aptitude and qualifications to sail the vessel on the Member States' waterways and 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.

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, used for the transport of goods or passengers.

2. A Member State may, after consulting the Commission, exclude national waterways not linked to the navigable network of another Member State from the application of this Directive. The validity of the national certificate issued under these conditions by the Member State shall be limited to the isolated network.

Article 4

1. In order to obtain a certificate, the applicant must satisfy the minimum requirements described in Articles 5 to 8. The certificate shall state whether the boatmaster has a Group A or Group B authorization.

2. The certificates issued by the Member States which meet these minimum requirements shall be mutually recognized.

Article 5

An applicant must be at least 21 years of age in order to obtain a certificate. However, a certificate issued in a Member State from the age of 18 shall be recognized by the other Member States which impose a minimum age of 21 in their territory when the boatmaster reaches the age of 21.

Article 6

1. The applicant shall provide proof of physical and mental fitness by passing a medical examination carried out by a doctor recognized by the competent authority. This examination shall cover in particular visual and auditory acuity, colour vision, motoricity of the upper and lower limbs and the neuro-psychiatric state and cardiovascular condition of the applicant.

2. On reaching the age of 65, the holder of a certificate must, in the following three months and subsequently every three years, pass the examination referred to in the preceding paragraph; the competent authority shall attest on the certificate that the boatmaster has satisfied this obligation.

Article 7

1. The applicant must provide proof of at least four years' professional experience as a member of the deck crew on an inland waterway vessel.

2. In order to be taken into account, professional experience must be validated by the competent authority of the Member State through having been entered in a personal service record. It may have been acquired on any of the Member States' waterways. In the case of waterways which have part of their course on Community territory, such as the Danube, Elbe and Oder, the professional experience acquired on all sections of these watercourses will be taken into consideration.

3. The minimum duration of professional experience referred to in paragraph 1 may be reduced by a maximum of two years:

(a) where the applicant has a diploma recognized by the competent authority which confirms specialized training in inland navigation comprising practical navigation work; the maximum reduction of two years shall be granted only if the duration of the specialized training is greater than or equal to three years; 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 two years, the applicant must provide proof of at least four years' experience in maritime navigation; or

(c) where the applicant has passed a practical examination in sailing a vessel with similar nautical characteristics to that which he or she is intending to sail; in this case, the competent authority shall indicate on the boatmasters' certificate that its validity is restricted until the holder has acquired four years' professional experience.

4. The time during which the applicant was a member of the deck crew of an inland navigation vessel after the age of 21 will be multiplied by 1,5 for the purposes of calculating the duration of professional experience.

Article 8

1. The applicant must have successfully passed an examination of professional knowledge; this examination must include at least the general subjects listed in Chapter 'A` of Annex II.

2. Subject to the Commission's consent, a Member State may require the 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 referred to in Annex II to Directive 91/672/EEC.

Subject to the same reservation, a Member State may require the boatmaster of a passenger vessel, in areas where large numbers of passengers are transported within a limited radius, to have more detailed professional knowledge of special provisions relating to passenger safety, particularly in the event of accidents, fire or shipwreck.

Article 9

1. In order to be authorized to sail a vessel transporting dangerous substances on the Member States' waterways, the boatmaster, in addition to holding the certificate, must also have passed the examination covering professional knowledge of the subjects referred to in Chapter 'B` of Annex II.

Member States shall recognize the attestation delivered in accordance with the specifications of marginal 10170 of the ADNR as proof of this knowledge.

2. An applicant satisfying the conditions set out in the previous paragraph shall have his or her fitness to sail a vessel transporting dangerous substances attested by the competent authority in the form of an appropriate endorsement on the certificate.

Article 10

1. In order to be authorized to navigate with the aid of radar, the boatmaster, in addition to holding the certificate, must also have passed the examination covering professional knowledge of the subjects referred to in Chapter 'C` of Annex II.

2. An applicant satisfying the conditions set out in the previous paragraph shall have his or her fitness to navigate by radar attested by the competent authority in the form of an appropriate endorsement on the certificate.

Article 11

If the competent authority refuses to issue or withdraws a certificate, it must give reasons for its decision.

Article 12

The Commission may take the necessary steps to adapt the model boatmasters' certificate in Annex I and to develop the necessary professional knowledge required for the issue of the certificate specified in Annex II in conformity with the procedure set out in Article 13 of this Directive.

Article 13

1. The Commission shall be assisted in application of Article 12 by the Committee set up by Directive 91/672/EEC.

2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote. The Commission shall adopt measures which are immediately applicable. The Commission shall communicate these measures to the Council without delay if they are not in accordance with the opinion of the Committee. In this case, the Commission may defer the application of the measures by a maximum of one month from the date of communication. The Council, acting by a qualified majority, may take a different decision within the period specified in the previous sentence.

Article 14

1. Member States shall implement the laws, regulations and administrative provisions necessary to comply with the Directive no later than 1 January 1996. They shall immediately inform the Commission thereof.

2. When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.

3. Member States shall immediately communicate to the Commission the text of the provisions they adopt in the fields governed by this Directive.

4. Where necessary, Member States shall assist one another in the implementation of this Directive.

Article 15

This Directive shall enter into force on the 20th day after its publication.

Article 16

This Directive is addressed to the Member States.

(1) OJ No L 373, 31. 12. 1991.