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
Date: 1995-10-18
Institutions: European Commission
Subjects: approximation of laws, carriage of goods, carriage of passengers, inland waterway transport, intra-EU transport, ship's passport

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) 
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. 

in  Annex  II,  Chapter  A(3)(e) 

(new) 

(new) 

The  Commission  has  therefore  amended  its position  as  follows: 

Initial  proposal 

Amended  proposal 

Second  recital 

of 

relating 

legislation 

differences 

for  obtaining 

in 
Whereas,  because 
to 
the 
national 
conditions 
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: 

Whereas differences  in national legislation 
relating  to  the  conditions  for  obtaining 
certificates 
boatmasters' 
inland 
for 
competition 
distort 
navigation  may 
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; 

O J C 2 8 0,  6.10.1994,  p.  5. 

Third  recital 

in 

the  Community 

accordance  with 

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

in  order 

to  guarantee 

Whereas 
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 
the 
applicant  must  meet in order  to obtain the 
boatmasters' 
inland 
certificate 
navigation; 

requirements  which 

for 

the  main  objective  of 

Whereas 
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 
the  boatmasters' 
in  order 
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: 

to  obtain 

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 
transport  of  goods  or 
passengers. 

the 

for 

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 
the  age  of  18  shall  be 
State  from 
recognized  by  the  other  Member  States 
which  impose  a  minimum  age  of  21  in 
their territory when the boatmaster reaches 
the age of 21. 

in  order 

An  applicant  must  be  at  least  21  years  of 
age 
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, 
professional 
Elbe 
experience  acquired  on  all  sections  of 
these  watercourses  will  be  taken  into 
consideration. 

and  Oder, 

the 

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, 
shall 
the  competent  authority 
indicate on the boatmasters' certificate that 
its validity is restricted  until the holder has 
professional 
acquired 
experience. 

years' 

four 

(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 
the  holder  has 
vessel  concerned  until 
acquired 
professional 
experience. 

years' 

four 

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. 

to 

the  same 

reservation,  a 
Subject 
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. 

to 

the 

reservation, 

a 
same 
Subject 
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 
professional 
covering 
examination 
knowledge  of  the  subjects  referred  to  in 
Chapter  "B"  of  Annex  II. 

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

recognize 

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. 

the 
on 

transport  of  dangerous 
1. 
For 
substances 
the  Member  States' 
waterways,  not  only  must  the  boatmaster 
hold  the  said  certificate,  but  he or  another 
crew  member  must  also  have  passed  the 
professional 
covering 
examination 
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. 

fitness 

2.  A  boatmaster  satisfying  the  conditions 
set out in the previous paragraph  shall  have 
to  sail  a  vessel 
his  or  her 
transporting  dangerous  subs Lances  attested 
by  the  competent  authority  in  the  form  of 
an 
the 
certificate. 

endorsement  on 

appropriate 

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. 

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 
in  the  Community  or  have 
waterways 
passed 
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. 

examination 

the 

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. 

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 
the 
competent authorities in the Member  States 
concerned  meet  at  least  once  a  year  to 
agree  on  the  examination  programme  and 
rules. 

that 

to 

it 

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 
pneumatic)  control  mechanisms. 

(hydraulic/ 

ANNEX  II 
Chapter  A(5a)(c)  (new) 

5a  (c)  safety  measures  to be observed. 

ANNEX  II 
Chapter  B(a) 

CHAPTER  B 
-  COMPULSORY 
ADDITIONAL  SUBJECTS  FOR  THE 
TRANSPORT  OF  DANGEROUS 
SUBSTANCES 

CHAPTER  B 
-  COMPULSORY 
ADDITIONAL  SUBJECTS  FOR  THE 
TRANSPORT  OF  DANGEROUS 
SUBSTANCES 

(a)  Knowledge  of  the  international  rules 
and  recommendations 
the 
transport  of  dangerous  substances  by 
waterway; 

relating 

to 

(a) Knowledge of the international rules and 
recommendations  relating  to  the  transport 
of  dangerous  substances  by  waterway,  the 
level  of  knowledge  to  be  demanded  being 
comparable 
for 
that 
international  navigation  on  the Rhine: 

required 

to 

i 

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COM(95) 474  final 

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ISBN 92-77-94259-2 

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