[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 11.8.2006

COM(2006) 462 final

1997/0335 (COD)

OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagr aph, point (c) of the EC Treaty on the European Parliament's amendments to the Council's common position regarding the proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC

( AMENDING THE PROPOSAL OF THE COMMISSIONpursuant to Article 250 (2) of the EC Treaty)

1997/0335 (COD)

OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC

1. Introduction

Article 251(2), third subparagraph, point (c) of the EC Treaty requires the Commission to deliver an opinion on amendments proposed by the European Parliament at second reading. The Commission sets out its opinion below on the amendments proposed by Parliament.

2. BACKGROUND

Date of transmission of the proposal to the EP and the Council (document COM(1997) 644 final – 1997/0335 (COD)): | 9 December 1997 |

Date of the opinion of the European Economic and Social Committee: | 25 March 1998 |

Date of transmission of the amended proposal (document COM(2000) 419 final): | 19 July 2000 |

Date of adoption of the common position by unanimity: | 23 February 2006 |

Date of the opinion of the European Parliament, second reading | 5 July 2006 |

3. PURPOSE OF THE PROPOSAL

The Commission amended proposal for a Directive of the European Parliament and of the Council amending Directive 82/714/EEC laying down technical requirements for inland waterway vessels aims at aligning the Community technical requirements on the advanced standards governing navigation of the Rhine, with a view to establishing a single scheme for the entire network of European waterways. It should also facilitate the adaptation of these technical requirements in the future, by way of a comitology procedure, in the light of technical progress and of developments arising from the work of other international organisations, in particular that of the Central Commission for Navigation on the Rhine.

The internal market and the development of free inland navigation on all waterways in the EU require the harmonisation or alignment of technical and safety requirements according to the highest standards. This will further both the free movement of goods and high safety, environmental and social standards. At the same time the harmonisation of technical requirements and the mutual recognition of certificates will improve the conditions for fair competition and establish a genuine level playing field in inland waterway transport in the single market.

4. Opinion of the Commission on the amendment [S] BY THE EUROPEAN PARLIAMENT

The Commission can accept the amendment adopted by the European Parliament in second reading as it is a result of a compromise agreed between the European Parliament and the Council with a view to the adoption of the Directive in second reading. The Commission has in any case made clear before the Parliament that it would pay special attention to the subject of recreational craft in the comitology procedure. The amendment thus does not alter the aims and approach of the Commission’s proposal.

5. CONCLUSION

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out above.

6. COMMISSION DECLARATION

The Commission made a unilateral declaration at the occasion of the adoption of the Common Position (see Annex I).

ANNEX I

Commission declaration

When implementing the present Directive, the Commission commits itself to a close cooperation with CCNR, both concerning the adaptation of the Annexes and concerning the application of the Directive by Member States, and to take into account all initiatives undertaken by CCNR in this regard.