OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 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
Date: 1995-01-25
Institutions: European Economic and Social Committee
Subjects: carriage of goods, carriage of passengers, inland waterway shipping, ship's passport













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51995AC0045

OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 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  


Official Journal C 102 , 24/04/1995 P. 0005 





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 ()(95/C  102/02)On 29  September 1994, the Council decided to consult the Economic and Social  Committee, under Article  75 of the Treaty establishing the European Community, on the  abovementioned proposal. The Section for Transport and Communications, which was responsible for preparing the Committee's  work on the subject, adopted its Opinion on 11  January 1995. The Rapporteur was Mr Colombo. At its 322nd Plenary Session (meeting of 25  January 1995), the Economic and Social Committee  adopted the following Opinion by a large majority with one abstention. 1. Justification for the proposal 1.1. The proposal is prompted by differences in Member  States' conditions for granting national boatmasters' certificates for inland waterway transport,  particularly as regards minimum age, physical fitness, and professional experience and knowledge. 1.2. Obviously these differences can distort competition between carriers in some Member States. 1.3. Furthermore, the steady increase in the size of transport units and the growth in the shipment  of dangerous substances make the establishment of optimum safety conditions and upward  harmonization of the requisite standards a matter of urgency. Where necessary, improved safety conditions must be introduced not only for the sake of waterway  vessels and, more especially, the protection of human life, but also for the sake of environmental  protection. 1.4. The Committee endorses the justification and content of the Directive, subject to the  following remarks: 2. General considerations 2.1. Since, under Article  75 of the Treaty, competence lies  exclusively with the Community, the Committee hopes that the conditions governing the granting of  boatmasters' certificates can be harmonized without delay. 2.1.1. The limited scope of this harmonization is due to the fact that the Directive aims to  complement the provisions of Directive 91/672/EEC (), which deals with the same issues. 2.2. The Committee would ask the Commission to bear in mind the need to require identical  qualifications from boatmasters from third countries. 2.3. The Committee thinks it advisable to define the criteria (e.g. minimum tonnage, number of  passengers, length, engine power) which should apply to vessels coming under the Directive. 3. Specific considerations 3.1. The Committee has examined the justification for certain  derogations. The exception for navigation on the Rhine is justified since the Rhine navigation  licence issued in accordance with the Mannheim Convention already complies with the requirements  laid down for the granting of the Community certificate. 3.2. Article  5The Committee accepts the proposed solution regarding the minimum age for obtaining the  certificate and the resulting mutual recognition between Member States. Nevertheless, since a  boatmaster is always responsible for crew management, too, and bearing in mind the provision of  Article  7(1), it feels that a minimum age of 21 years must be regarded as more appropriate. 3.3. Article  6The Committee believes that a periodic medical examination (e.g. every five/ten years)  could be required for certificate holders up to the age of 65. After the age of 65, the interval  should be shortened (e.g. every one/two years). The examination should be based on harmonized health criteria. 3.4. Article  7The personal service record is the sole indication of professional experience and  knowledge, and should therefore be harmonized in both form and content. 3.5. Article  9The requirements concerning additional professional knowledge and the subsequent  additional examination when dangerous substances are being transported are considered by the  Committee to be adequate. 3.6. Article  10Boatmasters wishing to navigate with the aid of radar should have to sit a practical  test and have knowledge of the latest blind navigation systems. This may involve using other  electronic equipment in conjunction with radar (cf. Chapter C of Annex II). 3.7. Article  11In addition to being reasoned, a decision to refuse to issue or to withdraw a  certificate should refer to harmonized criteria, such as accidents which impair physical fitness or  professional misconduct for which the offender is penalized by the competent authorities. 3.8. Annex IIThe professional knowledge listed in Annex II, particularly in the light of the need to  ensure maximum safety, appears to be adequate. However, a further requirement in Chapter A of Annex  II should be adequate knowledge of the route and of the prevailing weather conditions on the usual  route. 4.  ConclusionIn confirming its general endorsement of the proposed Directive, the Committee would  urge the Commission to take steps to ensure the timely mutual recognition and harmonization of  certificates in general, including those required to sail sea-going vessels and pleasure craft. Done at Brussels, 25 January 1995. The Chairmanof the Economic and Social CommitteeCarlos FERRER() OJ No C 280,  6. 10. 1994, p. 5.  () OJ No L 373, 31. 12. 1991, p. 29.