COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 18.10 1995 
COM(95) 474 final 
94/0196 (SYN) 
Amended 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 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

Amended 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 
EXPLANATORY MEMORANDUM 
During its part-session on 2 March 1995, the European Parliament approved, subject to 
amendments, the proposal for a Council Directive,1 presented by the Commission, on the 
harmonization of the conditions for obtaining national boatmasters' certificates for the 
carriage of goods and passengers by inland waterway in the Community. 
The Commission has accepted all the amendments as they help to improve or clarify the 
original text. These amendments concern the second, third and fifth recitals, Article 3(1), 
Article 5, Article 7(2), Article 7(3)(c), Article 8(2), Article 9, Article 10 and Article 10a 
(new), Chapter A(2)(e) (new) in Annex II, Chapter A(3)(e) (new) in Annex II, 
Chapter A(4)(c) (new) in Annex II, Chapter A(5)(d) (new) in Annex II and Chapter B(a) in 
Annex II. 
The Commission has therefore amended its position as follows: 
Initial proposal Amended proposal 
Second recital 
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, because 
national legislation 
conditions for obtaining of differences in 
relating to the 
boatmasters' 
certificates for inland navigation and the 
need to ensure gradual improvement of the 
safety requirements for inland navigation, 
it is necessary, to avoid distortions in 
competition, to adopt Community rules for 
the issue of such certificates: 
OJC280, 6.10.1994, p. 5. 
Third recital 
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 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, in 
accordance with the subsidiarity principle, 
with the Member States; 
Fifth recital 
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 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 it 
must be ensured that the examination of 
knowledge and ability by the Member 
States is organized on a uniform basis: 
Article 3(1) 
1. 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. 1. This Directive shall apply to all 
boatmasters of inland waterway vessels: 
self-propelled barges, tugs, pusher craft, 
barges, towed barges, pushed barges, 
pushed convoys or side-by-side formations, 
used for the transport of goods or 
passengers. 
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. An applicant must be at least 21 years of 
age in order to obtain a certificate. 
However, the Member States retain the 
right to issue a certificate from the age of 
18. This certificate 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 7(2) 
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. 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. 
Article 7(3)(c) 
(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. (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 to the category of 
vessel concerned until the holder has 
acquired four years' professional 
experience. 
Article 8(2) 
2. Subject to the Commission's consent, a 
Member State may require the boatmaster 
to satisfy additional requirements concer­
ning 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 
Council Directive 91/672/EEC. 2. Subject to the Commission's consent, a 
Member State may require the boatmaster 
to satisfy additional requirements concer­
ning 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 Council 
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. 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. 
The relevant certificates of competence 
shall be kept together with the boatmaster's 
certificate. 
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 knowkedge. 
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. 1. For the transport of dangerous 
substances on the Member States' 
waterways, not only must the boatmaster 
hold the said certificate, but he or another 
crew member must also have passed the 
examination covering professional 
knowledge of the subjects referred to in 
Chapter "B" of Annex II or hold the 
attestation delivered in accordance with the 
specifications of marginals 10315 and 
210315 of the ADNR. 
2. A boatmaster satisfying the conditions 
set out in the previous paragraph shall have 
his or her fitness to sail a vessel 
transporting dangerous subs Lances 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. 1. In order to be authorized to navigate 
with the aid of radar, the boatmaster, in 
addition to holding the certificate, must 
hold a radar navigation certificate for the 
Rhine which, like the Rhine navigation 
licence (Article 1(5)). is valid for all 
waterways in the Community or have 
passed the examination covering 
professional knowledge of the subjects 
referred to in Chapter "C" of Annex II for 
radar navigation on all other parts of the 
Community waterways network. 
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 10a (new) 
For the purpose of harmonizing the subject 
matter and criteria of the examinations, the 
Commission shall see to it that the 
competent authorities in the Member States 
concerned meet at least once a year to 
agree on the examination programme and 
rules. 
ANNEX II 
Chapter A(2a)(d) (new) 
2a (d) entering and leaving tidal ports: 
ANNEX II 
Chapter A(3a)(d) (new) 
3a (d) knowledge of ropes, cables, chains 
and closure systems (in particular 
stress and strength). 
ANNEX II 
Chapter A(4a)(b) (new) 
4a (b) knowledge of (hydraulic/ 
pneumatic) control mechanisms. 
ANNEX II 
Chapter A(5a)(c) (new) 
5a (c) safety measures to be observed. 
ANNEX II 
Chapter B(a) 
CHAPTER B - COMPULSORY CHAPTER B - COMPULSORY 
ADDITIONAL SUBJECTS FOR THE ADDITIONAL SUBJECTS FOR THE 
TRANSPORT OF DANGEROUS TRANSPORT OF DANGEROUS 
SUBSTANCES SUBSTANCES 
(a) Knowledge of the international rules (a) Knowledge of the international rules and 
and recommendations relating to the recommendations relating to the transport 
transport of dangerous substances by of dangerous substances by waterway, the 
waterway; level of knowledge to be demanded being 
comparable to that required for 
international navigation on the Rhine: 

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ISSN 0254-1475 
COM(95) 474 final 
DOCUMENTS 
EN 07 
Catalogue number : CB-CO-95-514-EN-C 
ISBN 92-77-94259-2 
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