OPINION OF THE COMMISSION on the amendments proposed by the European Parliament to the Council' s common position 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: 1996-06-12
Institutions: European Commission
Subjects: approximation of laws, carriage of goods, carriage of passengers, inland waterway shipping, ship's passport

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  12.06.1996 
COM(96) 281  final 

94/0196 (SYN) 

OPINION OF THE COMMISSION 
on the amendments proposed by the European Parliament 
to the Council's common position 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 

(presented by the Commission  pursuant to Article  189 c (d) of the EC Treaty) 

COMMISSION  OPINION 

on the amendments proposed  by the  European  Parliament 
to the common  position  of the  Council 
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 

On 9 May  1996 Parliament proposed amendments to the common position adopted by the 
Council  on  the  abovementioned  proposal  on  8 December  1995.  The  five  amendments 
proposed  by  Parliament  are  annexed. 

Pursuant  to  Article  189c(d)  of  the  EC Treaty,  the  Commission  has  re-examined  its 
proposal  and  decided  not to  incorporate  these  amendments  for  the  following  reasons: 

The  amendments  are  not  in  line  with  the  compromises  accepted  by  the  Commission  at 
Council  level.  Most  of  them  are  designed  to  restore  the  Commission's  original  text  or 
are identical to the amendments proposed  at first  reading, despite the fact that they  were 
refused  by the Council  and the  Commission  accepted  its refusal.  The Commission  also 
notes that there is no amendment expressing Parliament's position on the new provisions 
added  by the  Council's  common  position. 

Consequently,  the  Commission  confirms  its  agreement  with  the  Council's  common 
position  of  8 December  1995. 

Annex: 5 amendments 

EUROPEAN  PARLIAMENT 

1996  -  1997  SESSION 

Decision of the European Parliament on the common position established by  the 
Council with a view to the adoption of a Directive on the harmonization of the 
conditions  for obtaining national boat-Masters' certificates  for  the carriage 
of  goods  and  passengers  by  inland  waterway  in  the  Community  (A4-0128/96  -
C4-0068/96). 

EXTRACT 

FROM  THE  MINUTES 

OF  THE  S I T T I NG  OF 

9  May  1996 

PE  1 6 6 . 0 20 

Boatmasters' certificates **II 

A4^0128/96 

Decision on the common position established by the Council with a view to the 
adoption  of  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(C4-0068/96 - 94/0196(SYN) ) 

(Cooperation procedure: second reading) 

The European Parliament. 

having  regard  to  the  common  position  of  the  Council,  C4-0068/96  -
94/0196(SYN), 

having regard  to its opinion at first reading1  on the Commission proposal 
to the Council, COM(94)03592, 

having regard to the amended Commission proposal, COM(95)04743, 

having  been  consulted  by  the Council  pursuant  to  Article  189c  of  the EC 
Treaty, 

having regard  to Rule 67 of its Rules of Procedure, 

having regard to the recommendation for second reading of the Committee on 
Transport and Tourism  (A4-0128/96), 

1.  Amends  the common position as follows; 

2.  Instructs  its  President  to  forward  this  decision  to  the  Council  and 

Commission. 

Common  position of the Council 

Amendments by Parliament 

(Amendment  1) 
Recital 5 

Whereas  the  main  objective  of  these 
common provisions must be to improve 
the  safety  of  navigation  and  the 
protection  of human  life; whereas it 
appears  therefore  essential  that 
the 
these 
the 
minimum 
applicant  must  meet  in  order  to 
obtain  the  boatmasters'  certificate 
for inland navigation; 

establish 
which 

requirements 

provisions 

provisions 

Whereas  the  main  objective  of  these 
common provisions must be to  improve 
the  safety  of  navigation  and  the 
protection of human  life; whereas it 
appears  therefore  essential  that 
the 
these 
the 
minimum 
applicant  must  meet  in  order  to 
obtain  the  boatmasters'  certificate 
for 
whereas 
provision must be made to ensure that 
the  Member  States  adopt  similar 
procedures  for  examining  knowledge 
and skills; 

establish 
which 

requirements 

navigation; 

inland 

1  OJ C 68, 20.3.1995, p. 41. 
2  OJ C 280, 6.10.1994,  p. 5. 
3  OJ C 20, 24.1.1996, p. 7. 

L 

(Amendment  3) 
Article 6(2) 

2.  On reaching the age of sixty-five 
years,  the  holder  of  a  certificate 
must,  in  the  following  three  months 
and subsequently  every  year,  undergo 
the  examination  referred  to  in 
paragraph  1 ; the competent  authority 
shall attest on the certificate  that 
the  boatmaster  has  satisfied  this 
obligation. 

2.  On reaching the age of sixty-five 
years,  the  holder  of  a  certificate 
must,  in  the  following  three  months 
and  subsequently  every  three  years. 
undergo  the  examination  referred  to 
1 ;  the  competent 
in  paragraph 
authority  shall  attest 
on  the 
certificate  that  the  boatmaster  has 
satisfied  this obligation. 

(Amendment  4) 
Article 7(3) and  (4) and  (4a) (new) 

3.  The  minimum  duration  of  the 
professional  experience  referred  to 
in  paragraph  1 may  be  reduced  by  a 
maximum of three years: 

3.  The  minimum  duration  of  the 
professional  experience  referred  to 
in  paragraph  1 may  be  reduced  by  a 
maximum  of two years : 

(a) where the applicant has a diploma 
recognized  by  the  competent 
confirms 
which 
authority 
specialized  training  in  inland 
navigation  comprising  practical 
navigation  work,  the  reduction 
may  not  be  greater  than  the 
duration  of  the  specialized 
training; or 

(a) where the applicant has a diploma 
recognized  by  the  competent 
confirms 
which 
authority 
specialized  training  in  inland 
navigation  comprising  practical 
navigation  work,  the  reduction 
may  not  be  greater  than  the 
duration  of  the  specialized 
training; or 

(b) where  the  applicant  can  provide 
proof  of professional  experience 
acquired on a seagoing  vessel  as 
a  member  of  the  deck  crew;  in 
order  to  obtain  the  maximum 
reduction  of  three  years,  the 
applicant  must  provide  proof  of 
at  least  four  years'  experience 
in maritime navigation. 

(b) where  the  applicant  can  provide 
proof  of professional  experience 
acquired  on a seagoing vessel as 
a  member  of  the  deck  crew;  in 
order  to  obtain  the  maximum 
reduction  of  two  years,  the 
applicant  must  provide .proof  of 
at  least  four  years'  experience 
in maritime navigation. 

minimum 

duration 

4.  The 
of 
professional  experience  provided  for 
in  paragraph  1 may  be  reduced  by  a 
maximum  of  three  years  where  the 
applicant  has  passed  a  practical 
examination  in sailing  a vessel; the 
certificate  shall  in that  case cover 
nautical 
only 
characteristics  similar  to  those  of 
the  vessel  which  underwent  the 
practical  examination. 

vessels 

with 

minimum 

duration 

4.  The 
of 
professional  experience  provided  for 
in  paragraph  1 may  be  reduced  by  a 
maximum  of  two  years  where  the 
applicant  has  passed  a  practical 
examination  in sailing a vessel; the 
certificate  shall  in that case cover 
nautical 
only 
characteristics  similar  to  those  of 
the  vessel  which  underwent  the 
practical  examination.  In  this  case 
the 
shall 
indicate that its validity is limited 
until  the  holder  has  four  years' 
professional experience. 

competent 

authority 

vessels 

with 

5 

4a. The  time  which  an  applicant  has 
spent,  after  reaching  the  age  of 
twenty-one years, as a member of the 
deck  crew  of  an  inland  navigation 
vessel  shall be multiplied  by  1.5  in 
order  to  calculate  the  number  of 
years of professional experience. 

(Amendment  5) 
Article 8(2) 

2.  Subject  to  consultation  of  the 
Commission,  a  Member  State  may 
require  a  boatmaster  to  satisfy 
additional  requirements  concerning 
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 Directive 91/672/EEC. 

to 
a 

approval  by  the 
2.  Subject 
Commission, 
may 
Member  State 
require  a 
boatmaster  to  satisfy 
additional 
requirements  concerning 
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 Directive 91/672/EEC. 

state 

require 

Subject  to  the  same  reservation,  a 
Member 
the 
may 
boatmaster  of a passenger  vessel, in 
certain  limited  areas,  to  have  more 
detailed  professional  knowledge  of 
special 
to 
passenger safety, particularly in the 
or 
accidents, 
of 
event 
shipwreck. 

provisions 

relating 

fire 

state 

require 

Subject  to  the  same  reservation,  a 
Member 
the 
may 
boatmaster  of a passenger vessel, in 
certain  limited  areas,  to  have  more 
detailed  professional  knowledge  of 
special 
to 
passenger safety, particularly  in the 
or 
accidents, 
of 
event 
shipwreck. 

provisions 

relating 

fire 

(Amendment 6) 
Article  10a  (new) 

and"  procedures, 
encourage 
shall 

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

ISSN 0254-1475 

COM(96) 281 final 

DOCUMENTS 

EN 

06  07 

Catalogue number  : CB-CO-96-288-EN-C 

ISBN 92-78-05545-X 

Office  for Official Publications  of the European Communities 

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