A4-0023/95

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 (COM(94)0359 - C4-0153/94 - 94/0196(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 2

>Original text>

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;

>Text following EP vote>

Whereas differences in national legislation relating to the conditions for obtaining boatmasters' certificates for inland navigation and the increasingly stringent safety requirements which have to be applied to inland navigation are such that it is desirable, given the possibility of distortion of competition, to establish Community rules for obtaining such certificates;

(Amendment 2)

Recital 3

>Original text>

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;

>Text following EP vote>

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 with the Member States in accordance with the subsidiarity principle;

(Amendment 3)

Recital 5

>Original text>

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;

>Text following EP vote>

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 provision must be made to ensure that the Member States adopt similar procedures for examining knowledge and skills;

(Amendment 4)

Article 3(1)

>Original text>

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.

>Text following EP vote>

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.

(Amendment 5)

Article 5

>Original text>

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.

>Text following EP vote>

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

(Amendment 6)

Article 7(2)

>Original text>

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.

>Text following EP vote>

Does not affect the English version.

(Amendment 7)

Article 7(3)(c)

>Original text>

(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.

>Text following EP vote>

(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 relevant category of vessel until the holder has acquired four years' professional experience.

(Amendment 8)

Article 8(2), second subparagraph a (new)

>Text following EP vote>

Certificated proof of such knowledge shall be kept with the boatmaster's certificate.

(Amendment 9)

Article 9

>Original text>

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.

>Text following EP vote>

1. In order to be authorized to sail a vessel transporting dangerous substances on the Member States' waterways, the boatmaster must hold the certificate, but in addition he or another member of the crew must also have passed the examination covering the subjects referred to in Chapter 'B' of Annex II, or be in possession of the requisite ADNR attestation delivered in accordance with the specifications of marginals 10315 and 210315.

2. A boatmaster 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.

(Amendment 10)

Article 10(1)

>Original text>

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.

>Text following EP vote>

1. In order to be authorized to navigate with the aid of radar, the boatmaster, in addition to holding the certificate, must either hold the Rhine radar navigation certificate which, as with the Rhine navigation licence referred to in Article 1(5), shall be 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, in order to navigate by radar on the rest of the European waterway network.

(Amendment 11)

Article 10a (new)

>Text following EP vote>

In order to harmonize the examination syllabuses and procedures, the Commission shall encourage the competent authorities of the Member States to consult each other at least once a year on the examination requirements and regulations.

(Amendment 12)

ANNEX II

Chapter A(2)(da) (new)

>Text following EP vote>

(da) Entering and leaving tidal ports

(Amendment 13)

ANNEX II

Chapter A(3)(da) (new)

>Text following EP vote>

(da) Knowledge of ropes, cables, chains and shackles (with particular reference to stresses and strength)

(Amendment 14)

ANNEX II

Chapter A(4)(ba) (new)

>Text following EP vote>

(ba) Knowledge of hydraulic and pneumatic steering gear

(Amendment 15)

ANNEX II

Chapter A(5)(ca) (new)

>Text following EP vote>

(ca) Compliance with safety measures

(Amendment 16)

ANNEX II

Chapter B (a)

>Original text>

(a) Knowledge of the international rules and recommendations relating to the transport of dangerous substances by waterway.

>Text following EP vote>

(a) Knowledge of the international rules and recommendations relating to the transport of dangerous substances by waterway to a level comparable with that required for international shipping on the Rhine.

Legislative resolution embodying Parliament's opinion on the 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 (COM(94)0359 - C4-0153/94 - 94/0196(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(94)0359 - 94/0196(SYN) ((OJ C 280, 6.10.1994, p. 5.)),

- having been consulted by the Council pursuant to Articles 189c and 75 of the EC Treaty (C4-0153/94),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism (A4-0023/95),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with 189c(a) of the EC Treaty;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.