Proposal for a COUNCIL DECISION on the conclusion of the Agreement establishing conditions for the carriage of goods and passengers by inland waterway between the European Community on the one hand, and the Czech Republic, the Republic of Poland and the Slovak Republic on the other
Date: 1996-12-13
Institutions: European Commission
Subjects: Central and Eastern European countries, agreement (EU), carriage of goods, carriage of passengers, maritime transport

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  13.12.1996 
COM(96) 634 final 

96/0301 (CNS) 

Proposal  for a 

COUNCIL DECISION 

on  the conclusion of the Agreement establishing conditions for the carriage of goods 
and passengers by inland waterway between the European Community on the one 
hand, and the Czech Republic, the Republic of Poland and the Slovak Republic on the 
other 

(presented by the Commission) 

SUMMARY 

The present proposal for  a Council Decision on the conclusion of an Agreement establishing 
conditions  for  the  carriage  of  freight  and  passengers  by  inland  waterway  between  the 
European Community  and the Czech Republic,  Poland  and  Slovakia  is  issued  subsequent to 
the Council  Decision of 7 December  1992 authorizing  the Commission  to negotiate  such an 
agreement with third countries.  The need for  such an agreement arises out of the increase in 
East-West trade  in  Europe  since  1989 and the opening  of  the Rhine-Main-Danube  Canal  in 
1992.  The  proposed  Agreement  would  lay  down  common  rules  for  inland  waterway 
transport between  the Community  and the other  Parties,  with a view to promoting  this  safe 
and  environmentally-friendly  mode  of  transport  as  well  as  furthering  the  integration  of  the 
countries  concerned  into the  Community.  The proposed  Agreement  would  establish  a  free 
market  in  waterway  transport  between  the  Community  and  the  third  countries  concerned, 
with  a transitional  market  regime for  Germany  until  the year  2000.  The  Agreement  would 
replace bilateral agreements between Member States and the third countries concerned, where 
such agreements exist. 

The  Commission  considers  that  the  draft  Agreement  is  acceptable  to  the  Community  and 
proposes that the Council: 

(i) approves the results of the negotiations; 
(ii) decides to sign the Agreement and 
(iii) initiates the procedures for its conclusion. 

2 

EXPLANATORY MEMORANDUM 

A.  GENERAL BACKGROUND 

1. At its meeting on 7 December  1992 the Council, following  a recommendation from the 
Commission,  authorized the Commission to negotiate an agreement between the European 
Economic Community and third countries on rules for the carriage of freight  and 
passengers by inland waterway between the parties concerned.  The third countries 
concerned were Poland and the Contracting States to the Danube Convention (who, at this 
time, were Austria,  Bulgaria, Czechoslovakia,  Hungary, Rumania, the former  USSR and 
the former Yugoslavia). 

2. In March and September of  1993 exploratory meetings with the third countries 
concerned took place in Brussels to examine the possibility of concluding a single 
multilateral agreement.  Against the background of the ongoing political and economic 
changes taking place in the Danube region, and in particular with regard to the military 
conflict  that had broken out in the former  Yugoslavia, these meetings revealed that it would 
be difficult  to move ahead rapidly towards a comprehensive multilateral agreement 
including all Danube States, the Czech Republic and Poland.  In April  1994, after  informal 
bilateral discussions with certain Central European countries (Czech Republic, Hungary, 
Poland, Slovakia) the Council endorsed the Commission's  intention to give special attention 
to negotiations with these four countries.  An agreement with these countries was seen as a 
possible first  step which could serve as a basis for further  negotiations with other Danube 
countries at a later stage. 

3.  Three negotiating meetings with these four countries were held.  They took place in 
Brussels on 10 March  1995, 20 October  1995 and 28 March  1996.  In addition, an 
informal drafting  Committee met twice, in Prague in May  1995 and in Bratislava in 
January  1996.  In accordance with the gentleman's agreement on a procedure for 
negotiations which was adopted with the Council Decision of 7 December  1992, Member 
States participated as observers at all the negotiating sessions and the Commission has kept 
the Council fully  informed  at all stages of the negotiations.  Each negotiating session was 
preceded by discussion with the Member States in the Council.  The Commission 
transmitted copies of the draft  Agreement,  at all stages in its development,  to the Council 
Special Committee established for the purpose of these negotiations, and also held  informal 
discussions on a bilateral basis with some of the Member States concerned. 

4.  Although Hungary expressed reservations concerning what it perceived as an imbalance 
between the regimes for  navigation on the Danube and the Rhine, (for example with regard 
to the fact that Danube boatmasters'  certificates  and technical ship's certificates  are not 
accepted on the Rhine), at the last negotiating meeting with the four Central European 
countries on 26 March  1996, Agreed Minutes were signed to the effect  that,  with the 
exception of a small number of points of detail, the negotiations had been concluded. 

5.  These details having been settled, a meeting to initial the text was arranged in Brussels 
on 12 June 1996.  The text was transmitted to the Council beforehand  and the chairman of 
the Council Special Committee was invited to attend the meeting.  In the event, Poland was 
unable to complete its internal procedures by June  12 and Hungary, repeating its objections 
as outlined above, informed  the Commission that it was still not satisfied  on these points 
and wished to negotiate further.  The references  to Hungary in the text were  therefore 
deleted and a second meeting to initial the text, this time between the Community and the 
other three delegations, was arranged in Prague on 5 August.  The Council was  informed 
of these developments immediately and the Chairman of the Council Special Committee 
was again invited to attend the meeting. 

6. At the meeting in Prague, the text of the proposed Agreement between the Community, 
the Czech Republic, Poland and Slovakia was duly initialled by the Heads of Delegation of 
these parties.  Three declarations to be attached to the Agreement were also initialled by 
the Heads of Delegation concerned.  Agreed minutes were again signed, to the effect  that 
the negotiations had been concluded and that the text should now be presented to the 
governments concerned and the Council of Ministers of the European Union for  approval 
and signature. 

B. COHERENCE WITH OTHER COMMUNITY POLICIES 

7. The promotion of inland waterway transport,  which is a cheap, safe and very 
environmentally-friendly  mode of transport,  is a central part of the Community's Common 
Transport Policy.  A single market in inland waterway transport is now a reality, by virtue 
of the following  legislation: 

Council Directive 76/135/EEC on reciprocal recognition of navigability  licenses  for 
inland waterway vessels. 

Directive 82/714/EEC laying down technical requirements for  inland waterway 
vessels. 

Council Regulation (EEC) No 2919/85 laying down the conditions for access to the 
arrangements under the Revised Convention for the navigation of the Rhine relating 
to vessels belonging to the Rhine Navigation. 

Directive 87/540/EEC on access to the occupation of carrier by inland waterway in 
national and international transport and on the mutual recognition of diplomas, 
certificates  and other evidence of formal  qualifications  for this occupation. 

Council Regulation (EEC) No 3921/91 laying down the conditions under which 
non-resident carriers may transport goods or passengers by inland waterway within 
a Member State. 

Council Regulation (EEC) N°  1356/96 on common rules applicable to the transport 
of goods or passengers by inland waterway between Member States with a view to 
establishing freedom  to provide such transport services. 

Council Directive 96/50/EC) on the harmonisation of the conditions for  obtaining 
national boatmasters' certificates  for the carriage of goods and passengers by inland 
waterway  in the Community. 

The services of the Commission are currently working on a revision of Directive 82/714 
which will bring the rules on technical requirements for  inland waterway  vessels in line 
with the latest standards in force on the Rhine, in order to further  harmonise the EC 
waterway transport market.  In addition, the services of the Commission are currently 
working on a proposal for  a Council Directive on the approximation of the laws of the 
Member States with regard to the transport of dangerous goods by vessels on inland 
waterways. 

8. The Community's waterway policy also has an external dimension.  The collapse of the 
former  Communist bloc in Central and Eastern Europe and the consequent large increase in 
East-west trade has resulted in a need to establish an efficient  pan-European waterway 
transport system.  Waterway transport can play a significant  role in reducing the burden on 
overloaded East-West transport networks, particularly  since the opening of the Rhine-
Main-Danube Canal in 1992.  At present, waterway transport between the Community and 
Central and Eastern European Countries is governed by a plethora of bilateral regimes 
between Member States and these countries, even though the Community's  internal market 
has been completed.  There are over 20 such bilateral agreements in force,  with  differing 
conditions and provisions.  For example, certain bilateral agreements contain provisions on 
equal cargo-sharing  and fixed  tariffs  whilst others are of a more liberal nature.  In many 
cases, there are no agreements governing bilateral traffic  between Member States and third 
countries in Central Europe.  In consequence, there is at present no coherent and 
transparent regime governing waterway transport between the Member States of the 
Community and the countries of Central and Eastern Europe.  This acts as a brake on the 
development of international waterway  transport. 

9.  When considering the coherence of the proposed Agreement with other Community 
policies however,  it is perhaps most important to place it in the context of the political, 
economic and legal framework  laid down by the Europe Agreements establishing 
associations between the Community and its Member States and each of the three other 
Contracting Parties to this Agreement.  One of the key objectives of the Europe 
Agreements is, on the basis of the Community acquis, to establish a free  trade area 
between the Community and the associated countries and to lay the basis for  their 
integration into the Community.  The proposed Agreement forms part of that process and 
fulfils  an obligation contained  in each of the Europe Agreements, (Article 57.3 of the 
Europe Agreements with the Czech Republic and Slovakia; Article 56.3 of the Europe 
Agreement with Poland) which is worded as follows: 

"With a view to assuring a coordinated development and progressive  liberalization 
of transport between the Parties adapted to their reciprocal commercial  needs, the 

conditions of mutual market access in air transport and in inland transport shall be 
dealt with by special transport agreements to be negotiated between the Parties  ..." 

10.  The broad scope of the Europe Agreements, which establish an agreed basis for 
matters such as customs procedures, movement of workers, current payments and capital 
movements and conditions of competition, allows the Agreement proposed here to be 
simpler than existing bilateral waterway transport agreements. 

11.  As regards the future  and the Commission's mandate to negotiate an Agreement with 
the other countries - apart from the Czech Republic, Poland and Slovakia - which are 
linked to the Community by inland waterway (that is, the other Danube states), this is a 
matter which will require further  reflection and analysis, in conjunction  with Member 
States and the countries concerned.  Whether it would be best to pursue a single agreement 
with all the other Danube states or to pursue a two-stage strategy concentrating first  on the 
associated Danube countries (Bulgaria, Hungary, Rumania) is a question which must be 
decided in the light of further  analysis and discussion.  The present Agreement will serve 
as a model and a basis on which to continue the negotiations with the other Danube states. 

C.  CONTENTS OF THE PROPOSED AGREEMENT 

Article 1 

12.  No comment. 

Article 2 

13.  This Article is based on provisions contained in existing bilateral agreements. 

Article 3 

14.  This Article is self-explanatory.  It has been included in line with a specific 
requirement of the negotiating directives attached to the Commission's negotiating 
mandate. 

Article 4 

15.  This Article is also based on provisions in existing bilateral agreements. 

Articje_5 

16.  It is becomingly  increasingly common in the inland navigation sector for operators 
established in Central European countries to lease vessels from transport companies in the 
Community, and vice-versa.  In such cases, the important factor  is the country of origin of 
the operator, not the vessel.  Otherwise, it would be possible for Central European 
operators to lease a Community vessel and then carry out unlimited cabotage operations 
within the Community.  This Article is also necessary with regard to the transitional 
market regime established by Article  10 of the Agreement, which provides for cargo 
sharing in transport operations between Germany and the other Contracting Parties until 
2000. 

17.  This principle is already established by Council Regulation (EEC) No 2919/85 laying 
down the conditions for access to the arrangements under the Revised Convention for the 
navigation of the Rhine.  This Regulation allows vessels of all Community Member States 
to have access to the Rhine, provided that the operator of such a vessel is established  in a 
Member State.  The same principle is reaffirmed  in Council Regulation (EC)  1356/96 (see 
paragraph 7 of this explanatory memorandum).  Article 5 of the proposed Agreement 
ensures that no vessel may be considered as a Community vessel unless its operator has a 
genuine link with a Member State, and therefore corresponds to current practice in the 
Member States concerned. 

Article 6 

18.  This Article, together with article 9, establishes a free market in waterway transport 
between the Community and each of the other three Contracting Parties.  Certain kinds of 
traffic,  however,  are subject to authorization by the competent authorities concerned. 

Article 7 

19.  No comment. 

Article 8 

20.  This Article prohibits cabotage by vessels of other Contracting Parties within the 
Community and by Community vessels within the other Contracting Parties.  However, 
paragraph  1 includes a provision regarding Czech vessels which is contained in the existing 
Czech-German bilateral Agreement.  In line with the negotiating directives attached to the 
negotiating mandate, paragraph 2 allows vessels of the other Contracting Parties to carry 
out a single consecutive cabotage operation within the Community when on a direct return 
journey, but only between two Member States and not, of course, on the Rhine.  It should 
be noted that the current German-Polish bilateral agreement already allows Polish vessels 
to carry out such operations when unloading on German territory. 

21.  Community vessels are granted equal consecutive cabotage rights in the other-
Contracting Parties. 

Article^ 

22.  No comment. 

Ariicle_lQ 

23.  The purpose of this Article is to establish a transitional market regime which will 
allow certain aspects of the existing bilateral agreements between Germany and the other 
Contracting Parties, namely cargo sharing and fixed  tariffs,  to continue to apply until the 
year 2000.  This is needed in order to allow German operators, who are currently  faced 
with difficult  economic circumstances, more time to adapt to the free market in cross-
border traffic.  The existing arrangements concerning cargo sharing and fixed tariffs  may 
therefore  remain in force until 2000.  The exemption for Czech vessels contained in 
paragraph 2 is based directly on a provision in the existing Czech-German bilateral 
agreement. 

24.  The one change compared to the current situation is that, following  the entry into force 
of this Agreement, all Community carriers will be allowed to participate in traffic  between 
German ports and ports in the other Contracting Parties.  This reflects  internal Community 
law, where waterway carriers may operate both within any Member State and between any 
Member States: the right for Community operators to carry out cabotage in a Member State 
where they are not established was ensured by Council Regulation (EEC) 3921/91 and the 
right for all Community operators to carry out transport operations between Member States 
is guaranteed by Council Regulation (EEC) 1356/96. 

Article 11 

25.  In order to allow the Joint Committee established by this Agreement to follow 
developments in the market and to suggest improvements in the application and 
management of this Agreement, boatmasters shall be required,  when crossing the external 
frontier  of the Community, to supply statistical information  on the form given in Annex 2. 
The form will also facilitate control procedures by the competent authorities to ensure that 
the terms of the Agreement are being respected.  Further details are given here under the 
heading  "Annex 2". 

Article U 

26.  According to existing bilateral agreements, vessels, crews, passengers and cargoes are 
subject to the legal provisions in force on the waterway where a vessel is operating. 
Article  12 replicates this situation, except for technical ship's certificates  and boatmasters' 
certificates,  where EC law exists.  Regarding the latter two types of certificate,  the 

8 

requirements on the Rhine, as laid down by the Central Commission for Navigation on the 
Rhine, differ  from those for the rest of the Community's waterways.  Article  12 therefore 
allows for the continuation of current practices on the Rhine, but for all other waterways 
concerned,  EC legislation shall apply.  It should also be noted here that the other 
Contracting Parties are anyway required by the terms of the Association Agreements they 
have concluded with the Community and its Member States to approximate their laws to 
those of the Community. 

27.  Paragraph 2 refers  to the requirements in force for the carriage of dangerous goods on 
the Rhine (ADNR), which is the only binding legislation for the international carriage of 
dangerous goods by inland waterway, but also applies the highest safety  standards. 

Article 13 

28.  This Article is based on a standard clause in existing bilateral agreements.  It is self-
explanatory. 

Article 14 

29.  This Article, too, is based on common provisions in existing bilateral agreements and 
is self-explanatory.  It serves to clarify  and allocate responsibilities in the event of an 
accident. 

Article 15 

30.  In common with existing bilateral agreements and with international transport 
agreements in other areas, a Joint Committee is established to oversee the Agreement.  In 
paragraph  1, the reference  to  "relevant experts" ensures the participation of Member State 
experts in the Committee.  Paragraph 3 reflects  the current practice under existing bilateral 
agreements. 

Article 16 

31.  Based on a standard clause in bilateral agreements. 

Article 17 

32.  This Article lays down a dispute settlement procedure which reflects  exactly the 
approach taken in the Association Agreements. 

Article 18 

33.  Based on a standard clause in bilateral agreements. 

34.  The contents of Chapter XII on institutional, general and final provisions,  follow 
standard practice in international agreements. 

Articled 

35.  No comment. 

Article 20 

36.  No comment. 

Article 21 

37.  No comment. 

Article 22 

38.  No comment. 

Article 23 

39.  The inclusion of this Article was specifically  requested by the other negotiating parties 
for the sake of clarity. 

Article 24 

40.  Paragraph 2 ensures that, should one of the other Contracting Parties encounter delays 
in ratification,  the entry  into force of the Agreement will not also be delayed. 

Annex I 

41.  No comment. 

10 

AnnÊxJ 

42.  The proposed form would allow the competent authorities to monitor the number of 
traffic  operations between the Community and the other Contracting Parties, the number of 
consecutive cabotage operations as well as the nature of the cargoes carried. 

Protocol 1 

43.  With regard to the third paragraph of Protocol  1, as mentioned in paragraph 8 of this 
explanatory memorandum,  it should be noted that the services of the Commission are 
currently preparing a proposal for a Directive to upgrade the requirements of Directive 
82/714/EEC laying down technical requirements for  inland waterway vessels in line with 
the latest requirements  in force on the Rhine, which are of a higher standard. 

Protocol 2 

44.  No comment. 

Declarations 

45.  The declarations attached to the text are not, of course, legally binding and do not 
form part of the Agreement itself.  They represent expressions of political intention to be 
attached to the Agreement on the occasion of its signing.  Poland expressed its wish for a 
similar declaration on infrastructure  cooperation with the Community, but has not yet 
presented any proposal. 

D.  CONCLUSION 

46.  The Commission considers that the draft  Agreement is acceptable to the Community. 
Accordingly,  it proposes that the Council: 

(i) approves the results of the negotiations; 
(ii) decides to sign the Agreement and 
(iii) initiates the procedures for  its conclusion. 

It therefore  presents herewith a draft  Council Decision concluding the Agreement 
establishing conditions for the carriage of goods and passengers by inland waterway 
between the European Community on the one hand, and the Czech Republic, the Republic 
of Poland and the Slovak Republic on the other. 

11 

PROPOSAI, FOR A COUNCIL DECISION 

OF 

on  the conclusion of the Agreement establishing conditions for the carriage of goods 
and passengers by inland waterway between the European Community on the one 
hand, and the Czech Republic, the Republic of Poland and the Slovak Republic on the 
other. 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular 
Article 75 in conjunction  with the first sentence of Article 228(2) and the first 
subparagraph of Article 228 (3) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas the Agreement establishing conditions for the carriage of goods and passengers by 
inland waterway between the European Community on the one hand, and the Czech 
Republic, the Republic of Poland and the Slovak Republic on the other should be approved, 

HAS DECIDED AS FOLLOWS: 

12 

Article 1 

The Agreement establishing conditions for the carriage of goods and passengers by inland 
waterway between the European Community on the one hand, and the Czech Republic, the 
Republic of Poland and the Slovak Republic on the other, the Protocols annexed thereto 
and the declarations attached thereto are hereby approved on behalf of the European 
Community. 

The text of the Agreement as well as the Protocols annexed thereto are attached to this 
decision. 

Article 2 

The President of the Council shall, on behalf of the Community, deposit the act of approval 
provided for  in article 24 of the Agreement. 

Done at Brussels, 

For the Council 

13 

AGREEMENT 

establishing conditions for the carriage of goods and passengers by inland waterway 
between the European Community on the one hand, and the Czech Republic, the 
Republic of Poland and the Slovak Republic on the other. 

THE EUROPEAN COMMUNITY, hereinafter  referred to as  xthe Community', 
THE CZECH REPUBLIC, 
THE REPUBLIC OF POLAND, hereinafter  referred to as  v Poland', and 
THE SLOVAK REPUBLIC, hereinafter  referred to as Slovakia', 

CONSIDERING the importance of the existing traditional  links between the Community, on 
the one hand, and the Czech Republic, Poland and Slovakia on the other; 

RECOGNIZING  that the Community  and the Czech Republic, Poland  and  Slovakia wish to 
strengthen these  links  and  to establish  close  and  lasting  relations,  based  on mutual  interest, 
which  would  facilitate  the  participation  of  these  countries  in  the  process  of  European 
integration,  thus  strengthening  and widening the relations established  in the past,  notably by 
the  Europe  Agreements  establishing  associations  between  the  Community  and  its  Member 
States and each of the above countries; 

HAVING IN MIND that the final objective of the Czech Republic, Poland and Slovakia is to 
accede to the Community and that this Agreement is a step towards this goal in line with the 
prè-accession strategy defined at the European Council in Essen; 

BELIEVING that the achievement of these aims will be facilitated  by the development of the 
Contracting Parties' economic systems and by the removal of barriers between them; 

BELIEVING  that  a  harmonised  set  of  rules  governing  inland  waterway  traffic  between the 
Community on the one hand, and the Czech Republic, Poland and Slovakia on the other, will 
facilitate trade between them and the development of their economic systems; 

TAKING  ACCOUNT  of  the  various  forms  of  cooperation  which  are  provided  for  by  the 
Europe Agreements  establishing  associations between the Community  and its Member States 
on the one hand and each of the Czech Republic, Poland and Slovakia on the other; 

WISHING  to  further  develop  inland  waterway  transport  as  a  particularly  safe  mode  of 
transport  with a low  impact on the environment  and to further  develop  its role  in combined 
transport; 

14 

BEARING  IN  MIND  the  differences  which  still  exist  between  the  levels  of  -economic 
development of the contracting parties ; 

TAKING  INTO  ACCOUNT  certain unfavourable  economic  and social  circumstances  which 
presently prevail in the inland waterways ; 

RECOGNIZING  that  the  process  of  integrating  the  inland  waterway  markets  of  the 
Contracting  Parties  should  proceed  in  a  step-by-step  manner  with  regard  to  both  scope  and 
geographical field of application ; 

HAVE AGREED AS FOLLOWS : 

15 

rWÀPTER T - DEFINITIONS OF TERMS 

Article 1 

For the purposes of this agreement : 

(a) 

the "Contracting Parties' are those of the following signatories: 
The Community, 
The Czech Republic, 
Poland, 
Slovakia, 
that have consented to be bound by this agreement  and for  which this agreement  is in 

force; 

(b) 

i. 

"Community vessels' are inland navigation vessels which have the right to fly the 
flag  of  a  Member  State  of  the  Community,  which  have  on  board  a 
certificate  of  membership  of  a  fleet  of  a  Member  State  and  which  are 
operated  by  a  natural  or  legal  person  established  in  a  Member  State  in 
accordance with its laws and who is entitled  in that Member  State to carry 
out the international transport of goods or passengers by inland waterway; 

ii. 

"Vessels  of  the  other  contracting  parties'  are  inland  navigation  vessels  which 
have  the  right  to  fly  the flag of  the  Czech  Republic,  Poland  or  Slovakia, 
which have on board a certificate  of membership of a fleet of one of these 
contracting  parties  and  which  are  operated  by  a  natural  or  legal  person 
established  in the state of registration  in accordance  with its laws and who 
are entitled  in that state to carry  out the international  transport  of goods or 
passengers by inland waterway; 

"Ports'  are  those  seaports,  inland  waterway  ports,  ports  facilities  and  transhipment 
points  which  serve as loading  and unloading  points  for  the carriage  of  goods or 
passengers by inland waterway vessels ; 

"Competent  authorities'  are those  authorities  designated  by  the  Member  States  of  the 
Community  and by the other Contracting Parties to carry  out the tasks set out in 
Annex 1; 

"Direct  traffic'  refers  to  transport  operations  between  a  port  situated  within  the 
territory  of  the  Community  and  a  port  situated  within  the  territory  of  another 
Contracting Party, using vessels of these two Contracting Parties; 

(c) 

(d) 

(e) 

16 

(f) 

"Transit'  refers to transport operations: 

i. 

by  vessels  as  defined  under  (b)  i.  through  the  territory  of  another  Contracting 

Party ; 

or 
by vessels as defined under (b) ii. through the territory of the Community; 

ii. 

where neither goods nor passengers are either loaded or unloaded ; 

(g) 

(h) 

(i) 

"Third  contracting  party  traffic'  refers  to transport  operations  between  a port  situated 
within the territory  of the Community  and a port  situated  within the territory of 
another Contracting Party carried out by a vessel of a third Contracting Party; 

"Non-contracting  party  traffic'  refers  to  transport  operations  between  a  port  situated 
within the territory  of the Community  and a port  situated  within the territory of 
another  Contracting  Party,  carried  out  by  vessels  other  than  those  defined  in 
Article 1(b); 

"Third country traffic'  refers  to transport operations between a port situated within the 
territory  of  the Community  and  a port  situated  within  a country  which  is  not a 
Contracting  Party  carried  out  by  vessels  of  another  Contracting  Party,  and  to 
transport  operations  between  a  port  situated  within  the  territory  of  another 
Contracting  Party  and  a port  within  a country  which  is not  a  Contracting  Party 
carried out by Community vessels; 

(j) 

"Cabotage'  refers  to  transport  operations  for  the  carriage  of  goods  or  passengers 
between two ports situated within the territory  of a Contracting  Party carried out 
by vessels of another Contracting Party; 

(k) 

"Transport  operation'  refers  to  any  journey  made  by  a  vessel  on  public  inland 

waterways for the commercial carriage of goods or passengers. 

17 

CHAPTER II - GENERAL PRINCIPLES 

Articje_2 

1.  Vessels of the Contracting Parties shall have access to waterways, ports and authorized 
mooring  places  on a non-discriminatory  basis  in connection  with  transport  operations 
within the scope of this agreement. 

2. 

The  provisions  of  paragraph  1.  shall  also  apply  to  the  transport  of  floating 
establishments and installations and for the movement of vessels under construction. 

Aûicje_l 

The  rights  and  obligations  arising  from  the  1948  Convention  concerning  the  Regime  for 
Navigation on the Danube and the  1868 Revised Convention for  Rhine Navigation  shall not 
be affected  by this agreement. 

Article 4 

Each  Contracting  Party  to  this  agreement  shall  not  treat  vessels  of  the  other  Contracting 
Parties  carrying  out  transport  operations  within  the  scope  of  this  agreement  less  favourably 
than its own vessels.  This applies, in particular, to : 

the levying of harbour dues and other infrastructure  charges ; 
the use of ports, locks and other waterway installations ; 
the provision of fuel and other ship's supplies ; 
treatment by customs authorities including treatment of fuel and provisions on board. 

Article 5 

Where the owner  and  operator  of a vessel as defined  in Article  1(b) are different  natural or 
legal persons  and  are not established  in the same Contracting Party,  the vessel shall,  for  the 
purposes  of  this  agreement,  be  considered  as  a  vessel  of  the  Contracting  Party  where  the 
operator  is established.  The documentation  on board  as referred  to  in Article  1(b)  shall be 
issued in conformity  with this principle. 

18 

PHAPTER III - ACCESS TO THE MARKET 

Article 6 

1.  Vessels of  the Contracting  Parties  shall be allowed  to participate  in direct  traffic  on a 

non-discriminatory basis. 

2. 

Third  contracting  party  traffic,  other than that  falling  within  the  scope  of  Article  10, 
shall  only  be  allowed  in  those  cases  where  authorization  is  given  by  the  competent 
authorities of the State where the goods or passengers are loaded. 

3.  Non-contracting party traffic  shall only be allowed in those cases where authorization is 
given both by the competent authorities of the state where the goods or passengers are 
loaded and by the competent authorities of the state where the goods or passengers are 
unloaded. 

4. 

5. 

Third country  traffic  shall only be allowed  in those cases where authorization  is given 
by the competent authorities of the Contracting Party where the goods or passengers are 
loaded or unloaded. 

The  authorisations  referred  to  in  this  Article  shall  be  granted  by  the  competent 
authorities free of charge. 

Article 7 

Vessels of the Contracting Parties shall be granted the right to free transit. 

Article 8 

1.  Vessels as defined  in Article  1(b) ii. shall not carry out cabotage within the territory of 
the  Community,  except  in those cases  where  authorization  is given  by  the  competent 
authorities  of the Member States of the Community where the goods or passengers are 
loaded and unloaded. 

This provision shall not affect  the current rights of Czech vessels to undertake cabotage 
between two German ports situated on the river Elbe when the water level on that river 
falls  to  less  than  2.0  metres  on  the  water  level  measuring  post  situated  at  Usti  nad 
Labem. 

2. 

By way of derogation from paragraph  1, vessels as defined  under  Article  l.(b)ii.  shall 
be allowed  to carry  out a single cabotage operation between two Community  ports on 
the direct return journey  following  unloading in a Community port as a part of a direct 
traffic  operation.  When such cabotage operations take place between two ports situated 

19 

within one State, they  shall be subject  to authorization by the competent  authorities of 
the State concerned. 

3.  Vessels as defined  in Article  1(b) i.  shall not carry out cabotage within the territory of 
one of the other Contracting Parties, except in those cases where authorization is given 
by the competent authorities of the Contracting Party concerned. 

4. 

By way of derogation from  paragraph 3,  vessels as defined  under Article  1(b) i.  shall 
be allowed  to carry  out a single cabotage operation between two ports  situated  within 
the  territory  of  another  Contracting  Party  on  the  direct  return  journey  following 
unloading in a port of that Contracting Party as part of a direct traffic  operation. 

5.  Vessels  undertaking  transport  operations  as defined  in paragraphs  2 and 4  shall  be in 
possession  of  such  documentation  as  to  allow  the  competent  authorities  to  verify  the 
nature of the return journey. 

20 

THAPTER IV - MARKET REOIMF 

Article 9 

Inland  waterway  transport  operations  as  referred  to  in  Article  6  shall  be  undertaken  in 
accordance with the principles of a free market, and shall not be subject to obligatory  tariffs, 
quotas or other restrictive provisions. 

Article  10 • 

1.  By way  of  derogation from Article  6.1  and  Article  9.,  a transitional  market  regime 
shall apply to the carriage of goods and passengers in direct traffic  between Community 
ports situated within the territory of the Federal Republic of Germany and ports situated 
within the territory of the other Contracting Parties. 

2.  With regard to direct traffic  as defined  in paragraph  1., vessels of the Community and 
the  other  Contracting  Party  concerned  shall  each  hold  an  equal  market  share.  This 
provision shall not apply to direct traffic  between Community ports situated within the 
territory  of the Federal Republic of Germany  and ports  situated  within the territory of 
the Czech Republic when the water level on the river Elbe falls to less than 2.0 metres 
on  the  water  level  measuring  post  situated  at  Usti  nad  Labem  and  to  direct  traffic 
between  Czech ports  and  the  seaport  of  Hamburg.  Subject  to  agreement  in  the Joint 
Committee, Czech vessels may also be allowed to carry a greater market share in direct 
traffic  between Czech ports and other seaports of the Federal Republic of Germany; 

3.  Direct  traffic  as  defined  in  paragraph  1.  shall  be  subject  to  obligatory  tariffs  to  be 
agreed within the framework  of the Joint Committee.  Such obligatory  tariffs  as apply 
to these transport  operations  at the moment of entry  into force  of this  agreement  shall 
serve as a basis for the setting of obligatory tariffs  by the Joint Committee. 

4. 

Third contracting party traffic  between Community ports situated within the territory of 
the  Federal  Republic  of  Germany  and  ports  situated  within  the  territory  of  the  other 
Contracting  Parties  shall  only  be  allowed  in  those  cases  where  authorization  is  given 
both by the competent authorities of the state where the goods or passengers are loaded 
and  by  the  competent  authorities  of  the  state  where  the  goods  or  passengers  are 
unloaded. 

5. 

The provisions of this Article shall apply until  1  January 200Q. 

21 

CHAPTER  V - MARKET  OBSERVATION 

Article 11 

1. 

For  each  transport  operation  within the  scope  of  this  agreement  the  boatmaster  shall, 
upon  passing  the  external frontier of  the  Community  or  of  another  Contracting  Party 
except  in  the  case  of  transit,  present  to  the  competent  authorities  of  the  Contracting 
Parties concerned a document giving the information indicated in Annex 2. 

2. 

The final form  of  the  document  mentioned  in paragraph  1 is  to  be  established  by  the 
Joint Committee. 

3.  On the basis  of the documents referred to in paragraph  1 and other information at their 
disposal,  the  competent  authorities  of  the  Contracting  Parties  concerned  shall  forward 
to the Joint Committee  such information as is required for the fulfilment  of  its tasks as 
laid down in article 15.2. 

22 

CHAPTER VI - TECHNICAL PROVISIONS 

Arti£le_I2 

1. 

Transport  operations  within  the  scope of  this  Agreement  shall be  subject  to  the  legal 
provisions regarding vessels, crew members, passengers and cargoes which are in force 
on  the  waterways  where  they  are  carried  out.  However,  as  regards  technical  ship's 
certificates  and boatmasters' certificates, the following shall apply: 

On the Rhine,  technical  ship's certificates  and boatmasters'  certificates  shall be  issued 
in  accordance  with  the  current  procedures,  whereby  the  competent  authorities 
shall take into consideration the corresponding documents relating to vessels and 
crew members of vessels not belonging to the Rhine Navigation; 

On the other waterways concerned, the requirements as laid down in Council Directive 
82/714/EEC  on technical  ship's  certificates  and  Council  Directive  96/50/EC  on 
boatmasters'  certificates  shall  apply.  The  Contracting  Parties  other  than  the 
Community  shall take  the  necessary  measures  to this effect  and  shall  notify  the 
European Community thereof by addressing copies to the European Commission. 
The corresponding  attestations and documents  shall be issued by the competent 
authorities of the country  of registration of the vessel and shall be recognised by 
the Contracting Parties. 

2.  Vessels  may  carry  dangerous  goods  only  if  they  comply  with  the  requirements 

contained in the ADNR Regulation. 

3. 

Crew  members  and  spouses  and  children  travelling  with them  must  be  included  in a 
crew's list carried on board the vessel. 

23 

PTIAPTER VII - OPERATION  OF SHIPPING  COMPANIES 

Article 13 

1. 

Shipping companies established  in the Community  shall be allowed,  subject to existing 
legislation: 

to  set  up  shipping  agencies  on  the  territory  of  the  other  Contracting  Parties  to  give 

general logistic and commercial support to their vessels and their crews; 

in order to further  improve  the commercial  performance  of  their services,  to  conclude 

cooperation agreements with companies in the other Contracting Parties. 

2. 

Shipping  companies  established  in  the  other  Contracting  Parties  shall  be  allowed, 
subject to existing legislation: 

to  set up  shipping  agencies  on the territory  of  the  Community  to  give  general  logistic 

and commercial support to their vessels and their crews; 

in order to further  improve the commercial  performance  of their  services,  to  conclude 

cooperation agreements with companies in the Community. 

24 

mAPTER  VIII - AID IN THE EVENT OF AN ACCIDENT 

Article 14 

1. 

2. 

3. 

In the event of an accident,  serious illness of a person on board, damage to the vessel, 
or force majeure making it impossible to continue the voyage or to return to the country 
of origin,  vessels may moor at any suitable point.  In such cases, the boatmaster or the 
person in charge of the vessel shall inform the competent authorities concerned as soon 
as possible. 

The Contracting Parties shall, subject to the laws in force on the waterways concerned, 
render  necessary  aid  in  the  event  of  an  accident  on  their  territory  involving  vessels 
and/or persons  of the other  Contracting  Parties. This provision  shall  also apply  in the 
event of illnesses requiring immediate medical attention. 

In  the  event  of  a  serious  accident  within  the  territory  of  one  Contracting  Party 
involving  vessels  and/or  persons  of  another  Contracting  Party,  the  authorities  of  the 
Contracting  Party  where  the  accident  occurs  shall  immediately  inform  the  competent 
authorities of the other Contracting Party. The Contracting Party on whose territory the 
accident occurs  shall take the necessary measures to establish the cause of the accident 
and  shall  also,  whilst  respecting  national  law,  inform  the  other  Contracting  Party 
concerned of the findings  and transmit any records and documentation necessary for the 
settlement of damages to the other Contracting Party. 

25 

nWAPTKR IX - JOINT  COMMITTEE 

Article 15 

1.  A Joint Committee shall be established which shall be charged with the supervision and 
application of the terms of this agreement.  Each Contracting Party  shall be represented 
on  the  Committee  by  two  members.  The  Contracting  Parties  may  invite  relevant 
experts to advise them.  As a general rule, the Committee shall meet at least twice each 
year.  The  Contracting  Parties  shall  chair  the  Committee  for  an  annual  period  in the 
order  indicated  in  Article  1(a).  The  Joint  Committee  shall  draw  up  its  rules  of 
procedure. 

2. 

The Joint Committee has in particular the following tasks and obligations : 

to draw up  a list  of  competent  authorities  responsible  for  the tasks  given  in Annex  1 

and amend this as necessary; 

to  monitor  and  analyze  trends  and  developments  in  inland  waterway  transport  within 

the scope of this agreement; 

to monitor the application of this agreement by the Contracting  Parties  and to resolve 

such issues, problems and disputes as arise out of such application ; 

to  supervise  the administration  by  the competent  authorities  of the transitional  market 
regime referred  to in Article 10, and to set the tariffs  referred  to in Article 10.3 ; 
to  exchange  views  on the  development  of  rules  governing  inland  waterway  transport 
within the scope of this agreement, and to develop ideas on adapting these rules to 
developments and changes in the inland waterway sector. 

3. 

In so far as the Joint Committee is required to make decisions on matters, unanimity of 
the  Contracting  Parties  shall  be  required. 
In  the  event  that  unanimity  cannot  be 
achieved  in  the  Joint  Committee,  then  the  competent  authorities  shall,  following  a 
request by one or more of the Contracting Parties, meet for consultation within a period 
of 6 weeks. 

Article 16 

The  competent  authorities  of  the  Contracting  Parties  shall  provide  to  the  Joint  Committee 
such documents and information as is necessary for the Committee to carry out its functions. 

26 

CHAPTER  X - OBLIGATIONS  AND REPRESSIVE  MEASURES 

Article 17 

1. 

2. 

The  Contracting  Parties  shall  take  any  general  or  specific  measures  required  to  fulfil 
their obligations under this Agreement. 

If  a  Contracting  Party  considers  that  another  contracting  party  has  failed  to  fulfil  an 
obligation under this Agreement,  it may  take  appropriate  measures.  Before  doing  so, 
except in cases  of special urgency,  it shall supply the Joint Committee  with all relevant 
information required for a thorough examination of the situation with a view to seeking 
a solution acceptable to the parties. 

In  the  selection  of  measures,  priority  must  be  given  to  those  which  least  disturb  the 
functioning  of  this  Agreement.  These  measures  shall  be  notified  immediately  to  the 
Joint Committee  and shall be the subject of consultations  within the Joint Committee  if 
another Contracting Party requests. 

CHAPTER  XI - OTHER  PROVISIONS 

Article 18 

Sport and leisure  craft  of  the  Contracting  Parties  may  use  the  waterways  on the  territory  of 
the Contracting Parties subject to the rules and regulations which apply on these waterways. 

27 

CHAPTER XII - INSTITUTIONAL. GENERAL AND FINAL PROVISIONS  -

Article 19 

Annexes 1  and 2 and Protocols  1  and 2 shall form an integral part of this Agreement. 

ArticJe_2Q 

This Agreement  shall  apply  to the territories  in which the Treaty  establishing  the  European 
Community  is applied  and under the conditions laid down in that Treaty  and to the territory 
of the Czech Republic, Poland and Slovakia. 

AriicJe_21 

1. This Agreement  is drawn up  in a single original  in the Danish,  Dutch,  English,  Finnish, 
French,  German,  Greek,  Italian,  Portuguese,  Spanish,  Swedish  and  Czech,  Polish  and 
Slovakian languages, each of these texts being equally authentic. 

2.  It  shall be deposited  with the  General  Secretariat  of  the Council  of  the  European  Union 
which shall transmit certified copies to all other signatories. 

Article 22 

1. 

2. 

This Agreement is concluded for a period of 5 years.  Without prejudice  to paragraphs 
2 and 3, it shall be automatically extended.for successive periods of  5 years. 

The  Contracting  Parties  may,  by  mutual  agreement,  modify  the  terms  of  this 
Agreement. 

3.  A  Contracting  Party  may  withdraw  from  this  Agreement  by  notifying  the  other 
Contracting  Parties.  The Agreement shall cease to apply to this Contracting  Party  six 
months after  such notification. 

Article 23 

The rights  and obligations  arising  from  agreements concluded before  the entry  into force  of 
this Agreement  between one or more Contracting  Parties on the one hand,  and one or more 
other countries on the other hand, shall not be affected  by the provisions of this Agreement. 

Bilateral  agreements  between  Member  States  of  the Community  on  the  one  hand  and  other 
Contracting  Parties  on  the  other  hand  concerning  the  carriage  of  goods  and  passengers  by 
inland waterways shall be replaced by this Agreement. 

28 

Article 24 

1. This Agreement  shall be subject  to ratification,  acceptance or approval  by the signatories 
in accordance with their own procedures.  Instruments of ratification,  acceptance or approval 
shall be deposited  with the General Secretariat of the Council of the European Union,  which 
shall notify all other signatories. 

2.  This Agreement  shall enter  into force  on the first day of the second  month following  the 
date of deposit  of  the instruments  of ratification,  acceptance  or approval  by the Community 
and two other signatories.  For each state which ratifies,  accepts or approves this Agreement 
after  such date,  it  shall  enter  into  force  on the first day  of  the second  month  following  the 
deposit by such state of its instrument of  ratification,  acceptance or approval. 

In witness whereof  the undersigned  plenipotentiaries  have signed this Agreement  in 
the....  day of 

19 

on 

29 

AJNJNrLA  1 

Tasks to be carried out by the Competent Authorities as referred  to 
in Article  15.2 first indent 

The Competent  Authorities  referred  to above shall,  for  the purposes  of  this  Agreement and 
according to their responsibilities, carry out the following tasks: 

the  issue  of  authorisations  for  third  contracting  party  traffic,  non-contracting  party 
traffic  and  third  country  traffic  as  referred  to  in  Article  6  and  Article  10.4  of  this 
Agreement; 

the issue of authorisations for cabotage as referred to in Articles 8.1, 8.2 and 8.3; 

the collection of the documents referred  to in Article  11.1 of this Agreement and given 
in  Annex  2,  and  the  forwarding  of  the  information  referred  to  in  Article  11.3 to the 
Joint Committee; 

the issue of technical  ship's certificates  and certificates  of professional  competence  for 
boatmasters, as referred to in Article  12.1 ; 

any actions necessary in the event of accident in order for the Contracting Parties to be 
able to fulfil  their obligations as laid down in Article  14 of this Agreement; 

any other actions which may contribute to the proper functioning  of this Agreement. 

30 

ANNEX 2 

Document to be Presented to the Competent Authorities when Crossing the External 
Frontier of the European Community or another Contracting Party 

For  the  purposes  of  Article  11  and  for  the  purpose  of  helping  to  ensure  the  effective 
implementation  of  this  Agreement,  a  document  containing  the  information  indicated  in this 
Annex shall be used.  The final form  and specifications  of the document shall be decided by 
the Joint Committee provided for in Article 15.  The document shall be issued in a commonly 
agreed official  language of the European Community which is widely used and recognised in 
the inland waterway  international transport sector and, where necessary,  in bilingual form to 
include the official  language of the competent authority issuing the document. 

31 

This form  is to be completed as appropriate and handed in to the Competent Authorities on crossing the external border 
nf the  European Community on the RETURN journey 

Name 
Home Port (and region) 

Identification of the Vessel 

Nationality/Flag 

PART 1 - OUTWARD JOURNEY 

LOADING 

SECTION A - To be completed by the Consignor 
Place of loading (Port and Country) 
Commodity (NST code) 
Quantity in tonnes 
Destination (Port and Country) 
Confirmation/Stamp  of Consignor 

Date 

SECTION B - To be completed by the Competent Authority at the border crossing 
Date of border crossing 
Confirmation/Stamp 

BORDER CROSSING - OUTWARD 

Section C - To be completed by the Consignee of the  goods described  in SECTION A 
Goods received 
Confirmation/Stamp of Consignee 

Date 

UNLOADING 

PART 2 - RETURN JOURNEY 

CABOTAGE 

SECTION D - To be completed by the Consignor and Consignee if a consecutive cabotage transport operation is 
carried out following unloading of the  goods as described in  SECTION C 
Place of loading (port, region, country) 
Commodity (NST) 
Quantity 
Confirmation/Stamp of Consignor 

Date 

Goods Received 
Place of unloading (port, region, country) 
Confirmation/Stamp of Consignee 

Date 

LOADING FOR RETURN JOURNEY 
SECTION E  - To be completed by the Consignor of goods to be carried across the external border of the  European 
Community on the RETURN journey 
Place of loading (port, region, country) 
Commodity (NST) 
Quantity 
Destination 
Confirmation/Stamp of Consignor 

Date 

SECTION F - To be completed by the Competent authority at the border crossing on the RETURN journey 
Date of border crossing 
Confirmation/Stamp 

BORDER CROSSING - RETURN 

32 

PROTOCOL 1 

Relating to the Requirements for Vessels carrying Dangerous Goods and other 
Technical Requirements as referred to in Article 12 

The  Contracting  Parties  agree  that  the  provisions  of  this  Agreement  relating  to  the 
international  carriage  of dangerous  goods by inland waterway  shall be updated  as necessary 
so as to further  facilitate the transport of such goods by inland waterway. 

In particular, recognising that a Pan-European legal instrument for regulating the international 
carriage  of dangerous  goods by  inland  waterway  does not yet exist,  and being  aware  that a 
European  Agreement  concerning  the  international  carriage  of  dangerous  goods  by  inland 
waterways  is  currently  being  prepared  by  the  International  Working  Group  established  for 
this  purpose  by  the  Inland  Transport  Committee  of  the  UN  Economic  Commission  for 
Europe  in January  1995, the Contracting  Parties affirm  their  intention to  amend  the present 
Agreement in line with such a legal instrument should it be adopted in the future. 

The  Contracting  Parties  further  agree  that  the  technical  provisions  governing  inland 
waterways, referred  to in Article  12, have to be updated periodically in the interests of safety 
and technical progress.  Such updated provisions, once formally  adopted by the Commumty, 
shall take the place of the current provisions referred to in Article 12.1 second indent. 

33 

PROTOCOL 2 

Requirements Relating to Knowledge of Certain Local Sections of the Danube 

( " Streckenkenntnis ") 

The  Contracting  Parties  agree  that,  for  the purposes  of  navigation  on certain  difficult 
sections  of  the  Danube,  the  riparian  states  concerned  by  the  present  Agreement  may 
require  boatmasters  holding  the  certificates  referred  to  in  Article  12.1  to  complete  a 
certain  minimum  number  of  trips  through  specified  sections  of  the  Danube  under  the 
supervision  of  a  qualified  pilot  before  allowing  the  holders  of  such  certificates  to 
navigate unassisted on these sections. 

The  sections  of  the  Danube  concerned  and  the  minimum  number  of  supervised  trips 
shall be fixed  by the Competent Authorities after  discussion in the Joint Committee.  In 
no  case  shall  the  minimum  number  of  trips  required  exceed  8  upstream  and  8 
downstream trips. 

The requirements laid down in paragraph  1 may be modified  by a decision of the Joint 
Committee. 

34 

DECLARATION 

Joint Declaration by the Czech Republic, the European Community and Slovakia  Concerning 
a  Future  Revision  of  the  1948  Convention  Concerning  the  Regime  for  Navigation  on  the 
Danube 

Taking account of the fact that the Parties to the  1948 Convention concerning the Regime  for 
Navigation on the Danube are currently discussing a possible revision of that Convention, the 
Contracting  Parties  agree that the present Agreement  does  not prejudice  the  outcome  of any 
such revision. 

35 

DECLARATION 

Joint  Declaration  by  the  Czech  Republic  and  the  European  Community  regarding 
infrastructure  development 

The Czech Republic and the European Commumty, considering: 

that Article 82 of the Europe Agreement which establishes an association between 
the  Community  and  the  Czech  Republic  requires  the  Contracting  Parties  to 
develop and step up cooperation in the transport sector and to give priority to the 
construction  and  modernisation  of  infrastructure  on  major  routes  of  common 
interest,  including inland waterways, and 

bearing in mind: 

the Agreement  in the form of  an exchange  of  letters  replacing  the exchanges  of  letters 
between the  Commumty  and the Czech and Slovak  Federal  Republic  on land transport 
infrastructure  signed in Brussels on  16 December  1991 which is attached to the Europe 
Agreement  which  establishes  an  association  between  the  Community  and  the  Czech 
Republic, and 

recognising: 

that the  growth  in East-West traffic  in Europe  is  already  placing  great  strain on 
the road network,  that this traffic  is set to grow  further  and that utilisation of the 
full  capacity  of  the  waterways  concerned  could  contribute  significantly  to  a 
reduction in the adverse environmental effects  of transport in the region; 
that  there  exist  certain  bottlenecks  and  infrastructure  shortcomings  on  the 
waterways linking the Czech Republic to the centre of the European Commumty; 
that  the  Council  of  the  European  Union  has  adopted  Commumty  guidelines  for 
the  development  of  the  Trans-European  Transport  Network  which  identified  the 
improvement  of  the  Mittelland  Canal  and  the  links  on  the  Elbe  to  the  Czech 
border as projects of Common Interest, 

hereby  declare  their joint  resolve  to  cooperate  and use  the  means  at  their  disposal  for  this 
purpose  to  facilitate  the  improvement  of  infrastructure  on  the  waterways  linking  the  Czech 
Republic to the centre of the European Community. 

36 

DECLARATION 

Joint Declaration bv the Community and Slovakia regarding infrastructure  development 

The Community and Slovakia, considering : 

that Article  82 of the Europe Agreement  which establishes  an association between the 
Commumty  and  Slovakia  requires  the  Contracting  Parties  to  develop  and  step  up 
cooperation  in  the  transport  sector  and  to  give  priority  to  the  construction  and 
modernisation of infrastructure  on major  routes of common interest,  including inland 
waterways, and 

bearing in mind: 
the  Agreement  in  the  form  of  an  exchange  of  letters  replacing  the  exchanges  of  letters 
between the Community  and the Czech and Slovak Federal Republic on land transport 
infrastructure  signed in Brussels on 16 December  1991 which is attached to the Europe 
Agreement which establishes an association between the Commumty and Slovakia, and 

recognising: 

that the construction of the Main-Danube canal has resulted  in a waterway which links 
the North Sea to the Black Sea and that the dimensions of this canal are large enough 
to allow vessels of the European classes IV and V to operate on this route; 

that  the  Upper  Danube  waterway  currently  suffers  from  certain 

infrastructure 
shortcomings, the main problem being that the water depth between Regensburg and 
Budapest is frequently  not sufficient  to allow vessels with the design draught of 2.80 
meters  to  operate  on  this  stretch,  and  that  these  shortcomings  prevent  it  from 
achieving its full potential as a transport corridor; 

that  the  aforementioned  shallow  spots  occur  on  the  territory  of  each  of  the  three 

riparian states concerned by this Agreement; 

that  the  growth  in  East-West  traffic  in  Europe  is  already  placing  great  strain  on  the 
road  network,  that  this  traffic  is  set to grow  further  and  that  utilisation  of  the  full 
capacity of the Upper Danube waterway could contribute significantly  to a reduction 
in the adverse environmental effects  of transport in the region; 

that the Second Pan-European Transport Conference  in Crete in March  1994  identified 
the Danube  and  its ports  as the seventh of  the 9 transport  corridors  in Central and 
Eastern  Europe  to  be  considered  as  a  starting  point  for  future  work  on  coherent 
infrastructure  development at pan-European level; 

37 

that  the  Council  of  the  European  Union  has  adopted  Commumty 
guidelines  for  the  development  of  the  Trans-European  Transport  Network 
v/hich  identified  the  improvement  of  the  Upper  Danube  as  a  project  of 
Common Interest, 

hereby declare their joint resolve to use the means at their disposal for this purpose to 
facilitate the improvement of infrastructure on the Upper Danube and thereby to achieve the 
full potential of the waterway as a transport corridor.  The Contracting Parties further agree 
that a joint development plan should be drawn up as a first step, making use of existing 
studies, ongoing  studies such as the PHARE-funded Danube Corridor Development Plan and 
national plans and including technical solutions and financing  options, that this plan should be 
discussed and developed in the appropriate fora and that it should be coordinated with TENs 
project proposals 

38 

ISSN 0254-1475 

COM(96) 634 final 

DOCUMENTS 

EN 

07  n 

Catalogue  number  :  CB-CO-96-652-EN-C 

ISBN 92-78-13120-2 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

^3