Amended proposal for a Directive of the European Parliament and of the Council amending Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels (presented by the Commission pursuant to Article 250(2) of the EC Treaty)
Date: 2000-07-19
Institutions: European Commission
Subjects: harmonisation of standards, inland waterway shipping, maritime safety, technical standard, technological change

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Official Journal of the European Communities

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Amended proposal for a Directive of the European Parliament and of the Council amending
Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland
waterway vessels (1)

(2000/C 365 E/08)

(Text with EEA relevance)

COM(2000) 419 final (cid:16) 97/0335(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 19 July 2000)

(1) OJ C 105, 6.4.1998, p. 1.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE COUNCIL OF THE EUROPEAN UNION,

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 75.1 thereof,

Having regard to the Treaty establishing the European
Community, and in particular Article 71.1 thereof,

Having regard to the proposal from the Commission,

Unchanged

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of
Committee (1),

the Economic and Social

Acting in accordance with the procedure laid down in Article
189c of
in cooperation with the European
Parliament,

the Treaty,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

for

introduced harmonised conditions
certificates

Whereas Council Directive 82/714/EEC of 4 October 1982
inland waterway
requirements
laying down technical
vessels (1)
issuing
technical
in all
for
Member States, whereas
safety these
conditions have to be adapted to technical progress also
taking into account changes in the Community’s waterway
network.

for
inland waterway vessels
in the interest of

___________
(1) OJ L 301, 28.10.1982, p. 1.

at

the

level,

various

European

(1) Council Directive 82/714/EEC of 4 October 1982 laying
down technical requirements for inland waterway vessels (2)
introduced harmonised conditions for
issuing technical
certificates for
inland waterway vessels in all Member
States, albeit excluding operations on the Rhine. Never-
technical
theless,
requirements for inland waterway vessels will remain in
force. Up to now, the coexistence of various international
and national regulations has obstructed efforts to ensure
mutual
recognition of national navigation certificates
inspection of foreign
without the need for an additional
vessels. Furthermore, the standards contained in Directive
82/714/EEC no longer reflect, in part, current technological
developments; whereas
safety these
conditions have to be adapted to technical progress also
taking into account changes in the Community’s waterway
network.
___________
(1) OJ C 157, 25.5.1998, p. 17.
(2) OJ L 301, 28.10.1982, p. 1.

in the interest of

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INITIAL PROPOSAL

AMENDED PROPOSAL

Whereas the conditions and technical requirements for issuing
inland navigation certificates under Article 22 of the Revised
Convention for Navigation on the Rhine have been revised as
from 1 January 1995. For competition and safety reasons it is
desirable to adopt the scope and content of such technical
requirements for the whole of the Community’s network.

Whereas it is appropriate that Community inland navigation
certificates attesting the full compliance of vessels with the
aforementioned revised technical requirements shall be valid
on all Community waterways.

Whereas it is desirable to ensure a greater degree of harmon-
isation between the conditions
issuing supplementary
Community certificates by Member States for operations in
Zone 1 and 2 waterways (estuaries), as well as for operations
on Zone 4 waterways.

for

to Directive

the technical

set out
incorporate

requirements
82/714/EEC

in the
(2) Essentially,
annexes
the
provisions laid down in the Revised Convention for the
Navigation of the Rhine, in the version approved in 1982
by the Central Commission for Navigation on the Rhine
(CCNR). The conditions and technical requirements for
issuing inland navigation certificates under Article 22 of
the Revised Convention for Navigation on the Rhine have
been revised as from 1 January 1995. They are recognised
as reflecting current technological developments and have
been in force since 1 January 1995. For competition and
safety reasons it is desirable, specifically in the interests of
promoting harmonisation on a European scale, to adopt
the scope and content of such technical requirements for
the whole of the Community’s waterway network. Account
should be taken in this regard of the changes that have
occurred in the Community’s inland waterway network.

(3) It

is

appropriate

that Community inland navigation
certificates attesting the full compliance of vessels with
the aforementioned revised technical requirements shall
be valid on all Community waterways.

the

(4) It is desirable to ensure a greater degree of harmonisation
between
supplementary
Community certificates by Member States for operations
in Zone 1 and 2 waterways (estuaries), as well as for
operations on Zone 4 waterways.

conditions

issuing

for

(5) In the interests of passenger transport safety, it is desirable
the Directive be extended to include
that the scope of
passenger
than 12
vessels designed to carry more
passengers, along the lines of the Regulation on Inspection
of Shipping on the Rhine.

Whereas it is appropriate to provide for a transitional regime
for vessels in service not yet carrying a Community inland
navigation certificate when subjected to a first
technical
inspection under the revised technical requirements established
by this Directive.

(6) It is appropriate to provide for a transitional regime for
vessels in service not yet carrying a Community inland
navigation certificate when subjected to a first technical
inspection under the revised technical requirements estab-
lished by this Directive.

Whereas it is appropriate, within certain limits and according
to the category of vessel concerned, to determine the period of
validity of Community certificates in each specific case.

(7) It is appropriate, within certain limits and according to the
category of vessel concerned, to determine the period of
validity of Community certificates in each specific case.

Whereas it is necessary, in order to allow for a more rapid
adaptation of
to the Directive to technical
progress, to introduce procedures foreseen for this purpose
based on Council Decision 87/373/EEC.

the annexes

(8) In accordance with Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the
Commission (1), measures for the implementation of this
Directive should be adopted by use of
the advisory
procedure provided for in Article 3 of that Decision.

___________
(1) OJ L 184, 17.7.1999, p. 23.

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INITIAL PROPOSAL

AMENDED PROPOSAL

is necessary that

Whereas it
the measures provided for in
Directive 76/135/EEC of 20 January 1976 on reciprocal recog-
nition of navigability licenses for inland waterway vessels (1)
remain in force for those vessels covered by it which are not
covered by this Directive,

(9) It is necessary that the measures provided for in Directive
76/135/EEC of 20 January 1976 on reciprocal recognition
inland waterway vessels (1)
of navigability licenses
remain in force for those vessels covered by it which are
not covered by this Directive,

for

HAS ADOPTED THIS DIRECTIVE:

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Unchanged

Directive 82/714/EEC is hereby amended as follows:

1. The third indent of Article 1 is replaced by the following:

BC Zone 4: the other Community waterways listed in

Chapter III of Annex I.D

2. Article 2 is replaced by the following:

B1.

This Directive shall apply to:

C vessels having a length of 20 metres or more;

C vessels for which the product of L E B E T as defined

in Annex II Article 1.01 is 100 m3 or more;

C tugs and pusher craft, including those with a length of
less than 20 metres or those for which the product of
L E B E T as defined in Annex II Article 1.01 is less
than 100 m3, provided that they have been built to
tow or to push or to move alongside vessels as
referred to in the first indent.

2.

The following are excluded from this Directive:

C vessels intended for passenger transport which carry
no more than 12 people in addition to the crew,

C ferries,

C pleasure craft with a length of less than 24 metres,

C service craft belonging to supervisory authorities and

fire-service vessels,

C naval vessels,

___________
(1) OJ L 184, 17.7.1999, p. 23.

___________
(1) OJ L 21, 29.1.1976, p. 10.

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INITIAL PROPOSAL

AMENDED PROPOSAL

C sea going vessels, including sea going tugs and pusher
craft operating or based on tidal waters or temporarily
on inland waterways, provided that they carry the
following valid navigation or safety certificates:

C a certificate proving conformity with the 1974
International Convention for the Safety of Life
at Sea (SOLAS), as amended, or equivalent,

C a certificate proving conformity with the 1966
as
International Convention on Load Lines,
amended, or equivalent, and an IOPP certificate
proving conformity with the 1973 International
Convention for the Prevention of Pollution from
Ships (MARPOL), as amended,

where

C for passenger vessels not covered by all of these
Conventions, a certificate issued in conformity
with Council Directive 97/. . ./EC on safety rules
and standards for passenger ships.D

C for passenger vessels not covered by all of these
Conventions, a certificate issued in conformity
with Council Directive 98/18/EC on safety rules
and standards for passenger ships.D

3. The first and second indents of Article 3 are replaced by

Unchanged

the following:

BC a certificate issued pursuant

to Article 22 of

the
Revised Convention for the Navigation of the Rhine
or a Community inland-navigation certificate issued
after 1 July 1998 pursuant to Article 8 attesting the
full compliance of
the vessel with the technical
requirements of Annex II, when operating on a
Zone R waterway,

C a Community inland navigation certificate issued to
vessels in accordance with the provisions of
this
Directive and the technical requirements of Annex II
when operating on waterways of other zones.D

4. Article 5 is replaced by the following:

B1.
Each Member State may, subject to the requirements
of the Revised Convention for the Navigation of the Rhine
and subject
to approval by the Commission acting in
accordance with the procedure laid down in Article 19.3,
adopt technical requirements additional to those in Annex
II for vessels operating on Zone 1 and 2 waterways within
its territory.

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INITIAL PROPOSAL

AMENDED PROPOSAL

Such additional requirements shall be restricted to the
subjects listed in Annex Va and shall be drawn up in
conformity with the provisions thereof.

2.
Compliance with these additional requirements shall
be specified in the Community certificate referred to in
in the
Article 3 or, where Article 4(2)
supplementary Community certificate. Such proof of
compliance
Community
recognised
waterways of the corresponding zone.

applies,

shall

on

be

Each Member State may, subject to approval by the
3.
Commission acting in accordance with the procedure laid
down in Article 19.3, allow a reduction of the technical
requirements of Annex II for vessels operating exclusively
on Zone 4 waterways within its territory. Such a reduction
shall be restricted to the subjects listed in Annex Vb.
Where the technical characteristics of a vessel correspond
to these reduced technical requirements it shall be specified
in the Community certificate or, where Article 4(2) applies,
in the supplementary Community certificate,
its
validity is restricted to the Zone 4 waterways concerned.D

that

5. The following is added to Article 8(2):

the

that

that

Provided

BIn cases where the first such technical inspection is carried
out after 1 July 1998, any failure to meet the requirements
laid down in Annex II shall be specified in the Community
certificate.
authorities
consider
these shortcomings do not constitute a
manifest danger, the vessels concerned may continue to
operate until such time as those components or areas of
the vessel which have been certified as not meeting the
requirements are replaced or altered, whereafter
these
components or areas
the requirements of
Annex II.

shall meet

competent

The replacement of existing parts with identical parts or
parts of an equivalent
technology and design during
routine repairs and maintenance shall not be considered
as a replacement within the meaning of this paragraph.D

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INITIAL PROPOSAL

AMENDED PROPOSAL

6. The following is added to Article 8:

B4.
The Community certificate shall be issued to vessels
initially excluded from the scope of this Directive which
become subject to it as a result of the modifications of
Article 2, paragraphs 1 and 2 introduced by Directive
98/. . ./EC following a technical inspection which shall be
carried out upon expiry of the vessel’s current certificate,
but in any case no later than 30 June 2008, to check that
the vessel complies with the technical requirements laid
down in Annex II. Any failure to meet these requirements
shall be specified in the Community certificate. Provided
that the competent authorities consider that these short-
comings do not constitute a manifest danger, these vessels
those
may continue
such time as
components or areas of
the vessel which have been
certified as not meeting the requirements are replaced or
altered, whereafter these components or areas shall meet
the requirements of Annex II.

to operate until

The replacement of existing parts with identical parts or
parts of an equivalent
technology and design during
routine repairs and maintenance shall not be considered
as a replacement within the meaning of this paragraph.D

7. Article 11 is replaced by the following:

B1.
In each individual instance, the period of validity of
the Community certificate shall be determined by the
authority responsible for issuing this certificate. However,
this period shall not exceed five years for passenger vessels
or 10 years for other vessels.

Each Member State may,

in the cases specified in
2.
Articles 12 and 16 of this Directive and in Chapter 2.05
of Annex II, issue temporary Community certificates, the
period of validity of which shall not exceed six months.D

8. The following is added to Article 13:

BHowever, for the renewal of Community certificates issued
before 1 July 1998 the transitional provisions of Chapter
24 of Annex II shall apply.D

9. The first sentence of the second paragraph of Article 15

shall read as follows:

BFollowing this inspection, a new certificate stating the
technical characteristics of the vessel shall be issued or
the existing certificate amended accordingly.D

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INITIAL PROPOSAL

AMENDED PROPOSAL

10. Article 19 is replaced by the following:

in particular

B1.
Any amendments which are necessary to adapt the
annexes of the Directive to technical progress, to devel-
opments in this area arising out of the work of other
the
international organisations,
Central Commission for Navigation on the Rhine,
to
ensure that the two certificates referred to in Article 3,
technical
issued on the basis of
first
requirements which guarantee an equivalent
level of
safety, or to take account of
the cases referred to in
Article 5,
shall be adopted by the Commission in
accordance with the procedure laid down in the present
Article, paragraphs 2 and 3.

that of

indent

are

The Commission shall be assisted by the Committee
of Council Directive
7

2.
established
91/672/EEC, hereinafter referred to as Hthe CommitteeI.

under Article

The Commission shall be assisted by the Committee
2.
of Council Directive
7
established
91/672/EEC (1)
the
representatives
of
Member States and chaired by the representative of the
Commission.

under Article
composed

of

3.
The representative of the Commission shall submit to
the Committee a draft of the measures to be taken. The
Committee shall deliver its opinion on the draft within a
time limit which the chairman may lay down according to
the urgency of the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition,
each Member State shall have the right to ask to have its
position recorded in the minutes. The Commission shall
take the utmost account of the opinion delivered by the
Committee. It shall
inform the Committee of the action
taken in connection with its opinion.D

3. Where reference is made to this paragraph,
the
advisory procedure laid down in Article 3 of Decision
1999/468/EC shall apply, in compliance with Article 7(3)
and Article 8 thereof.D

11. Article 20 is replaced by the following:

Unchanged

BFor those vessels outside the scope of Article 2, paragraph
1, but falling within the scope of Article 1a. of Directive
76/135/EEC, the provisions of the latter shall apply.D

12. Annexes I, II and III shall be replaced by the new versions
set out in the Annex attached to this Directive. Annexes
Va, Vb and VI as set out in the Annex hereto are added to
the Directive.

___________
(1) OJ L 373, 31.12.1991.

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INITIAL PROPOSAL

Article 2

AMENDED PROPOSAL

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive at the same time not later than a year after the
entry into force of
inform the
Commission thereof.

the Directive and shall

Unchanged

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive at the same time not later than 1 July 1998 and
shall
inform the Commission thereof. They shall apply such
laws, regulations and administrative provisions from 1 July
1998.

2. When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accompanied
by such reference on the occasion of their official publication.
The methods of making such a reference shall be laid down by
the Member States.

3. Member States shall lay down the system of penalties for
to this
breaching the national provisions adopted pursuant
Directive and shall take all the measures necessary to ensure
that these penalties are applied. The penalties thus provided for
shall be effective, proportionate and dissuasive.

The Member States

immediately notify to the
shall
4.
Commission all provisions of domestic law which they adopt
in the field governed by this Directive. The Commission shall
inform the Member States thereof.

Article 3

This Directive is addressed to the Member States.

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LIST OF COMMUNITY INLAND WATERWAYS DIVIDED GEOGRAPHICALLY INTO ZONES 1, 2, 3 AND 4

ANNEX I

CHAPTER I

Zone 1

Federal Republic of Germany

Ems: from a line linking the Delfzijl church tower and the Knock lighthouse towards the open sea as far as latitude 53K
30’ N and longitude 6K 45’ E (i.e. somewhat outside the trans-shipment zone for dry-cargo carriers in the Alte Ems,
taking account of the Ems-Dollard cooperation treaty).

Federal Republic of Germany

Zone 2

Ems: from a line going from the entrance of the port towards Papenburg crossing the Ems, which links the Diemen
pumping station (Diemer SchLpfwerk) and the opening of the dyke at Halte as far as a line linking the Delfzijl and
Knock lighthouses, taking account of the Ems-Dollard cooperation treaty.

Jade: inside a line linking the SchillighLrn upper light and Langwarden church tower.

Weser: from the Bremen railway bridge to a line linking the Langwarden and Kappel church towers with the Schwerburg
secondary arm including the Kleine Weser, Rekumder-Loch, and Rechter Nebenarm secondary arms.

Elbe: from the lower limit of the port of Hamburg to a line linking the DLse beacon and the north-west point of the
Hohe Ufer (Dieksand) with the Este, LMhe, Schwinge, Oste, Pinnau, KrMckau and StLr tributaries (in each case from the
barrage to the mouth) including the Nebenelbe.

Meldorfer Bucht: inside a line linking the north-west point of the Hohe Ufer (Dieksand) and the BMsum west pier head.

Flensburger FLrde: inside a line linking the Kekenis lighthouse and Birknack.

EckernfLrder Bucht: inside a line linking Bocknis-Eck to the north-west tip of the mainland at DNnisch Nienhof.

Kieler FLrde: inside a line linking the BMlk lighthouse and the Laboe naval memorial.

Leda: from the entrance to the outer harbour of Leer sea lock to the mouth.

Hunte: from the port of Oldenburg and from 140 m downstream of the AmalienbrMcke in Oldenburg to the mouth.

Lesum: from the Bremen-Burg railway bridge to the mouth.

Este: from the Buxtehude barrage gate to the Este barrage.

LMhe: from the mill 250 m upstream of the Marschdamm-Horneburg road bridge to the LMhe barrage.

Schwinge: from the footbridge downstream of the GMldenstern bastion at Stade to the Schwinge barrage.

Freiburger-Hafenpriel: from the Freiburg/Elbe sluices to the mouth.

Oste: from the Bremervorde mill dam to the Oste barrage.

Pinnau: from the Pinneburg railway bridge to the Pinnau barrage.

KrMckau: from the Elmshorn watermill to the Kruckau barrage.

StLr: from Pegel Rensing to the StLr barrage.

Eider: from the Gieselau Canal to the Eider barrage.

Nord-Ostsee-Kanal (Kiel Canal): from a line linking the BrunsbMttel pierheads to a line linking the Kiel-Holtenau entry
lights and the Schirnauer See, Bergstedter See, Audorfer See, Obereidersee with Enge, the Achterwehrer canal and the
Flemhuder See.

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Trave: from the railway bridge and the Holsten bridge (Stadttrave) in LMbeck to a line linking the two outer pierheads of
TravemMnde and the PLtenitzer Wick and the Dassower See.

Schlei: inside a line linking the SchleimMnde pier heads.

Wismarbucht, Kirchsee.

Breitling, Salzhaff and Wismar harbour: seawards from the lines linking Hohen Wieschendorf Huk and the Timmendorf
lights and the lights of Gollwitz on the isle of Poel and the southern tip of the Wustrow peninsula.

Unterwarnow and Breitling: seawards from the line linking the most northern points of the western, middle and eastern
mole of WarnemMnde.

Waters, encircled by the mainland and the DarP and Zingst peninsulas and the islands of Hiddensee and RMgen
(including the Stralsund harbour):

towards the open sea as far as:

C latitude 54K 27’ N between the Zingst peninsula and the island of Bock

C the line linking the northern tip of the island of Bock with the southern tip of the island of Hiddensee

C on the islands of Hiddensee and RMgen (Bug), the line linking the southeastern tip of Neubessin with the Buger

Haken.

Greifswald Bodden and Greifswald harbour (with Ryck): towards the open sea as far as the line linking the eastern tip of
Thiessower Haken (SMd perd) with the eastern tip of the island or Ruden and ending at the northern tip of the island of
Usedom (latutitude 54K 10’ 37 N and 13K 47’ 51 E).

Waters encircled by the mainland and the island of Usedom (River Peene including the Wolgast harbour, backwaters,
Stettin lagoon): towards the east as far as the German-Polish border line crossing the Stettin lagoon.

French Republic

Seine: downstream of the Jeanne-d’Arc bridge in Rouen.

Garonne and Gironde: downstream from the stone bridge at Bordeaux.

RhQne: downstream of the Trinquetaille bridge in Arles and beyond towards Marseille.

Dordogne: downstream from the stone bridge at Libourne.

Loire: downstream from the Haudaudine bridge of the Madeleine arm and downstream from the Pirmil bridge on the
Pirmil arm.

Kingdom of the Netherlands

Dollard.

Eems.

Waddenzee: including the links with the North Sea.

IJsselmeer: including the Markermeer and IJmeer but excluding the Gouwzee.

Nieuwe Waterweg and the Scheur.

Caland Kanaal west from the Benelux harbour.

Hollands Diep.

Breeddiep, Beerkanaal and its connected harbours.

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Haringvliet and Vuile Gat: including the waterways between Goeree-Overflakkee on the one hand and Voorne-Putten
and Hoeksche Waard on the other.

Hellegat.

Volkerak.

Krammer.

Grevelingenmeer and Brouwerschavensche Gat: including all the waterways between Schouwen-Duiveland and Goeree-
Overflakkee.

Keten, Mastgat, Zijpe, Krabbenkreek, Eastern Scheldt and Roompot:
including the waterways between Walcheren,
Noord-Beveland and Zuid-Beveland on the one hand and Schouwen-Duiveland and Tholen on the other hand,
excluding the Scheldt-Rhine Canal.

Scheldt and Western Scheldt and its mouth on the sea: including the waterways between Zeeland Flanders, on the one
hand, and Walcheren and Zuid-Beveland, on the other, excluding the Scheldt-Rhine Canal.

CHAPTER II

Zone 3

Republic of Austria

Danube: from the border with Germany to the border with Slovakia.

Inn: from the mouth to the Passau-Ingling Power Station.

Traun: from the mouth to km 1,80.

Enns: from the mouth to km 2,70.

March: to km 6,00.

Kingdom of Belgium

Maritime Scheldt (downstream of Antwerp open anchorage).

Federal Republic of Germany

Danube: from Kelheim (km 2414,72) to the German-Austrian border.

Rhine: from the German-Swiss border to the German-Netherlands border.

Elbe: from the mouth of the Elbe-Seiten-Canal to the lower limit of the port of Hamburg.

MMritz.

French Republic

Rhine.

Kingdom of the Netherlands

Rhine.

Sneekermeer, Koevordermeer, Heegermeer, Fluessen, Slotermeer, Tjeukemeer, Beulakkerwijde, Belterwijde, Ramsdiep,
Ketelmeer, Zwartemeer, Veluwemeer, Eemmeer, Alkmaardermeer, Gouwzee, Buiten IJ, afgesloten IJ, Noordzeekanaal,
port of
IJmuiden, Rotterdam port area, Nieuwe Maas, Noord, Oude Maas, Beneden Merwede, Nieuwe Merwede,
Dordische Kil, Boven Merwede, Waal, Bijlandsch Canal, Boven Rijn, Pannersdensch Canal, Geldersche IJssel, Neder
Rijn, Lek, Amsterdam-Rhine-Canal, Veerse Meer, Schelde-Rhine-Canal as far as the mouth in the Volkerak, Amer,
Bergsche Maas, the Meuse below Venlo, Gooimeer, Europort, Calandkanaal (east from the Benelux harbour), Hartel-
kanaal.

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CHAPTER III

Zone 4

Republic of Austria

Thaya: up to Bernhardsthal.

March: above km 6,00.

Kingdom of Belgium

The entire Belgian network except the waterways in Zone 3.

Federal Republic of Germany

All Federal waterways except those in Zones 1, 2 and 3.

French Republic

The entire French network except the waterways in Zones 1, 2 and 3.

Kingdom of the Netherlands

All other rivers, canals and inland seas not listed in Zones 1, 2 and 3.

Italian Republic

River Po: from Piacenza to the mouth.

Milan-Cremona Canal, River Po: final stretch of 15 km to the Po.

River Mincio: from Mantua, Governolo to the Po.

Ferrara Waterway: from the Po (Pontelagoscuro), Ferrara to Porto Garibaldi.

Brondolo and Valle Canals: from the eastern Po to the Venice lagoon.

Fissero Canal-Tartaro-Canalbianco: from Adria to the eastern Po.

Venetian coastline: from the Venice lagoon to Grado.

Grand Duchy of Luxembourg

Moselle.

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Minimum technical requirements applicable to vessels navigating on waterways in Zones 1, 2, 3 and 4

ANNEX II

PART I

CHAPTER 1

GENERAL

Article 1.01

Definitions

The following definitions are contained in this Directive:

Types of craft

1.

BcraftD: a vessel or item of floating equipment;

2.

BvesselD: an inland waterway vessel or sea-going ship;

3.

Binland waterway vesselD: a vessel intended solely or mainly for navigation on inland waterways;

4.

Bsea-going shipD: a vessel admitted and intended mainly for maritime or coastal navigation;

5.

Bself-propelled craftD: an ordinary self-propelled craft or a self-propelled tanker;

6.

Bself-propelled tankerD: a vessel intended for the carriage of goods in fixed tanks and built to navigate independently
under its own motive power;

7.

Bordinary self-propelled vesselD: a vessel, other than a powered tanker, intended for the carriage of goods and built to
navigate independently under its own motive power;

8.

Bcanal bargeD: an inland waterway vessel not exceeding 38,5 m in length and 5,05 m in breadth;

9.

BtugD: a vessel specially built to perform towing;

10.

BpusherD: a vessel specially built to propel a pushed train of craft;

11.

Bself-propelled craftD: an ordinary self-propelled craft or a self-propelled tanker;

12.

Btank bargeD: a vessel intended for the carriage of goods in fixed tanks and built to be towed, either having no
motive power of its own or having only sufficient motive power to perform restricted manoeuvres;

13.

Bdumb bargeD: a vessel, other than a tank barge, intended for the carriage of goods and built to be towed, either
having no motive power of its own or having only sufficient motive power to perform restricted manoeuvres;

14.

BlighterD: a tank lighter, ordinary lighter or ship-borne lighter;

15.

Btank lighterD: a vessel intended for the carriage of goods in fixed tanks, built or specially modified to be pushed,
either having no motive power of its own or having only sufficient motive power to perform restricted manoeuvres
when not part of a pushed train of craft;

16.

Bordinary lighterD: a vessel, other than a tank lighter, intended for the carriage of goods and built or specially
modified to be pushed, either having no motive power of its own or having only sufficient motive power to
perform restricted manoeuvres when not part of a pushed train of craft;

17.

Bship-borne lighterD: a pushed lighter built to be carried aboard sea-going ships and to navigate on inland waterways;

18.

Bpassenger vesselD: a vessel built and fitted out to carry more than 12 passengers;

19.

Bday-excursion vesselD: a passenger vessel without overnight passenger cabins;

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19a.

Bpassenger sailing vesselD: a passenger vessel built and fitted out mainly with a view to propulsion under sail;

20.

Bpassenger-cabin vesselD: a passenger vessel with overnight passenger cabins;

21.

Bfloating equipmentD: a floating installation carrying working gear such as cranes, dredgers, pile drivers or elevators;

22.

Bworksite craftD: an appropriate vessel, built and equipped for use at worksites, such as a reclamation dredger, hopper
or pontoon barge, pontoon or block-layer;

23.

Brecreational craftD: a vessel other than a passenger vessel, intended for sport or pleasure;

24.

Bfloating establishmentD: any floating installation not normally intended to be moved, such as a swimming bath,
dock, jetty or boathouse;

25.

Bfloating installationD: a raft or other structure, object or assembly capable of navigation, not being a vessel or
floating equipment or establishment;

Assemblies of craft

26.

Btrain of craftD: a rigid or towed train of craft;

27.

BformationD: the manner in which a train of craft is assembled;

28.

Brigid trainD: a pushed train or breasted-up formation;

29.

Bpushed trainD: a rigid assembly of craft of which at least one is positioned in front of the craft providing the power
for propelling the train, known as the Bpusher(s)D; a train composed of a pusher craft and a pushed craft coupled so
as to permit guided articulation is also considered as rigid;

30.

Bbreasted-up formationD: an assembly of craft coupled rigidly side by side, none of which is positioned in front of the
craft propelling the assembly;

31.

Btowed trainD: an assembly of one or more craft, floating establishments or floating installations towed by one or
more self-propelled craft forming part of the train;

Particular areas on board

32.

Bmain engine roomD: space where the propulsion engines are installed;

33.

Bengine roomD: space where combustion engines are installed;

34.

Bboiler roomD: a space housing a fuel-operated installation designed to produce steam or a thermal fluid;

35.

Benclosed superstructureD: a watertight, rigid, continuous structure with rigid walls joined to the deck in a permanent
and watertight manner;

36.

BwheelhouseD: the area which houses all the control and monitoring instruments necessary for manoeuvring the
vessel;

37.

BaccommodationD: a space intended for the use of persons normally living on board, including galleys, storage space
landings and gangways, but not the wheelhouse;
for provisions, toilets and washing facilities, laundry facilities,

38.

BholdD: part of the vessel, delimited fore and aft by bulkheads, opened or closed by means of hatch covers, intended
for the carriage of goods, whether packaged or in bulk, or for housing tanks not forming part of the hull;

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39.

Bfixed tankD: a tank joined to the vessel, the walls of the tank consisting either of the hull itself or of a casing separate
from the hull;

40.

Bworking stationD: an area where members of the crew carry out their duties, including gangway, derrick and ship’s
boat;

41.

BpassagewayD: an area intended for the normal movement of persons and goods;

Marine engineering terms

42.

Bplane of maximum draughtD: the water plane corresponding to the maximum draught at which the craft is
authorised to navigate;

43.

Bsafety clearanceD: the distance between the plane of maximum draught and the parallel plane passing through the
lowest point above which the craft is no longer deemed to be watertight;

44.

Bfreeboard (F)D: the distance between the plane of maximum draught and a parallel plane passing through the lowest
point of the gunwale or, in the absence of a gunwale, the lowest point of the upper edge of the hull planking or
plating;

45.

Bmargin lineD: an imaginary line drawn on the side plating not less than 10 cm below the bulkhead deck and not
less than 10 cm below the lowest non-watertight point of the side plating. If there is no bulkhead deck, a line
drawn not less than 10 cm below the lowest line up to which the outer plating is watertight shall be used;

46.

Bwater displacementD ((cid:1)): the immersed volume of the vessel in m3;

47.

BdisplacementD (D): the total weight of the vessel, inclusive of cargo, in tonnes;

48.

Bblock coefficient (d)D: the ratio between the water displacement and the product of length, breadth and draught T;

49.

Bsheer plan above water (S)D: sheer plan of the vessel above the waterline in m2;

50.

Bbulkhead deckD: the deck to which the required watertight bulkheads are taken and from which the freeboard is
measured;

51.

BbulkheadD: a wall of a given height, usually vertical, partitioning the vessel and delimited by the bottom of the
vessel, the plating or other bulkheads;

52.

Btransverse bulkheadD: a bulkhead extending from one side of the vessel to the other;

53.

BwallD: a dividing surface, usually vertical;

54.

Bpartition wallD: a non-watertight wall;

55.

BlengthD (L): the maximum length of the hull, excluding rudder and bowsprit;

56.

Blength overallD: the greatest length of the craft in metres, including all fixed installations such as parts of the steering
system or power plant, mechanical or similar devices;

57.

BlengthD (LF): the length of the hull in metres, measured at maximum draught;

58.

BbreadthD (B): the maximum breadth of the hull in metres, measured to the outer edge of the shell plating (excluding
paddle wheels, rubbing strakes, etc.);

59.

Boverall breadthD: the maximum breadth of the craft in metres, including all fixed equipment such as paddle wheels,
plinths, mechanical devices and the like;

60.

BbreadthD (BF): breadth of the hull in metres, measured from the outside of the side plating at the maximum draught
line;

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61.

Bside height (H)D: the shortest vertical distance between the top of the keel and the lowest point of the deck on the
side of the vessel;

62.

Bdraught (T)D: the vertical distance between the lowest moulded point of the hull or the keel and the maximum
draught line;

63.

Bforward perpendicularD: the vertical line at the forward point of the intersection of the hull with the maximum
draught line;

64.

Bclear width of gunwaleD: the distance between the vertical line passing through the most prominent part of the
gunwale on the coaming side and the vertical line passing through the inside edge of the slip guard (guard rail, foot
rail) on the outer side of the gunwale;

Steering system

65.

Bsteering systemD: all the equipment required for steering the vessel, such as to ensure the manoeuvrability laid down
in Chapter 5 of this Regulation;

66.

BrudderD: the rudder or rudders, with shaft, including the rudder quadrant and the components connecting with the
steering apparatus;

67.

Bsteering apparatusD: the part of the steering system which produces the movement of the rudder;

68.

Bsteering controlD: the steering-apparatus control, between the power source and the steering apparatus;

69.

Bpower sourceD: the power supply to the steering control and the steering apparatus produced by an on-board
network, batteries or an internal combustion engine;

70.

Bdrive unitD: the component parts of and circuitry for the operation of a power-driven steering control;

71.

Bsteering apparatus control unitD: the control for the steering apparatus, its drive unit and its power source;

72.

Bmanual driveD: a system whereby manual operation of the hand wheel, moves the rudder by means of a mechanical
or hydraulic transmission, without any additional power source;

73.

Bmanually-operated hydraulic driveD: a manual control actuating a hydraulic transmission;

74.

Brate-of-turn regulatorD: equipment which automatically produces and maintains a given rate of turn of the vessel in
accordance with preselected values;

75.

Bwheelhouse arranged for steering on radar by one personD: a wheelhouse arranged in such a way that, during
navigation on radar, the vessel can be manoeuvred by one person;

Properties of structural components and materials

76.

BwatertightD: a structural component or device fitted out in such a manner as to prevent any ingress of water;

77.

Bspray-proof and weathertightD: a structural component or device so fitted that in normal conditions it allows only a
negligible quantity of water to penetrate;

78.

BgastightD: a structural component or device so fitted as to prevent the ingress of gas and vapours;

79.

Bnon-combustibleD: material which does not burn or give off inflammable vapours in a sufficient quantity to ignite
when it reaches a temperature of approximately 750K C;

80.

Bfire-resistantD: material which does not readily catch fire, or the surface of which does not readily catch fire, and
which impedes the spread of fire in an appropriate manner;

81.

Bfire-retardantD: a structural component or device which meets certain fire-resistance requirements;

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Other concepts

82. The following are considered to be Bapproved classification societiesD: Germanischer Lloyd, Bureau Veritas and

Lloyd’s Register of Shipping;

83a.

BCommunity certificateD: a certificate which,
is issued by the
competent authorities of a Member State for vessels complying with the technical requirements laid down in
this Annex;

in accordance with Article 3 of the Directive,

83b. Bsupplementary Community certificateD: according to Article 4(2) of

require a
supplementary Community certificate, in addition to the Rhine certificate, for Zones 1 and 2 and for Zones 3
and 4, if they wish to take advantage of the reduction in technical requirements on these waterways;

the Directive, all vessels

84.

Binspection bodiesD: competent authorities appointed by the Member States, which inspect vessels on the basis of the
provisions in this Annex and issue the certificate(s).

Article 1.02

(left void)

Article 1.03

(left void)

Article 1.04

(left void)

Article 1.05

(left void)

Article 1.06

Temporary requirements

After invoking the procedure provided for in Article 19 of the Directive the competent authority may issue temporary
requirements where this would seem essential, in order to enable tests to be carried out without disrupting the safety or
orderly functioning of navigation. Those requirements shall be valid for a maximum period of three years.

Article 1.07

Administrative instructions to the inspection bodies

In order to make the implementation of this Directive easier and uniform administrative instructions to the inspection
bodies may be adopted if the procedure provided for in Article 19 of the Directive is applied.

Those administrative instructions shall be brought
authorities.

to the attention of

the inspection bodies by the competent

The inspection bodies shall follow those administrative instructions.

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PART II

CHAPTER 15

SPECIAL PROVISIONS FOR PASSENGER VESSELS

Article 15.01

General provisions

1. Articles 4.01 to 4.04 and 8.06, Section 7 are not applicable.

2. Vessels with no motive power of their own are not authorised to carry passengers.

3. In the case of vessels with a length LF of 25 m or more, buoyancy in the event of a leak shall be demonstrated in

accordance with Article 15.02 for all possible loading situations.

4. On all decks, passenger spaces shall be situated aft of the collision bulkhead.

5. Spaces intended for the accommodation of on-board staff shall by analogy satisfy the requirements of Articles 15.07

and 15.09.

6. (a) Notwithstanding Article 3.02, Section 1(b), the minimum thickness tmind of bottom, bilge and side plating of

passenger vessels shall be the greater of the values obtained as follows:

t1mind ¼ 0,006 (cid:2) a (cid:2)

p

T ½mm(cid:5)

t2mind ¼ f (cid:2) 0,55 (cid:2)

p

LF ½mm(cid:5)

where

f = 1 + 0,0013 T (a U 500), where BaD is 400 mm or more,

a = spacing between the longitudinal or transverse pairs in [mm] (when the spacing of the pairs is less than

400 mm, it will be assumed that a = 400 mm.

The greater value produced by the formulae shall be taken as the minimum thickness. Plates shall be replaced
when the thickness of bottom or side plating no longer attains the minimum value determined according to the
above requirement.

(b) Plate thickness may be less than the minimum value produced by the formulae where the permissible value has

been determined and certified on the basis of calculated evidence of sufficient hull strength.

(c) However the minimum thickness shall not be less than 3 mm at any point on the hull.

Article 15.01a

Passenger sailing vessels

The special provisions applicable to passenger vessels shall not apply in the case of passenger sailing vessels. For such
vessels, other special provisions will be adopted, in accordance with the procedures of the committee provided for in
Article 19 of the Directive, and will be incorporated in this Annex.

Article 15.02

Basic requirements for subdivision of vessels

1. The distribution of bulkheads shall be such that, if any watertight compartment becomes flooded, the hull does not

sink below the margin line and the requirements of Article 15.04, Section 7, are met.

2. Watertight glazing may be installed below the margin line on condition that it cannot be opened, is sufficiently

strong and meets the requirements of Article 15.07, Section 7.

3. Structural specifications shall be taken into account in calculating stability in the event of a leak.

In general, calculations should be based on a permeability factor of 95 %.

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If it is established by calculation that the average permeability of any compartment is less than 95 %, the calculated
permeability may be used instead. In such calculations, the following minimum values shall, however, be observed:

Passenger areas and areas set aside for the crew

Engine rooms (including boiler rooms)

Loading compartments, baggage and provisions rooms

95 %

85 %

75 %

Double-bottomed areas, fuel bunkers and other compartments in so far as
these spaces are to be regarded, in keeping with their intended purpose, as
either full or empty, the vessel’s waterline being the line corresponding to
the deepest subdivision load line.

0 or 95 %.

4. Between the collision bulkhead and the stern bulkhead, only those compartments having a length of at least 0,10 LF,
but not less than four metres, shall be considered watertight compartments for the purposes of Section 1 above. The
inspection body may allow minor exceptions to this rule.

Where a watertight compartment is longer than required by the foregoing provisions and is subdivided so as to form
watertight spaces which also meet the minimum length requirement, those spaces may be taken into account in
calculating stability in the event of a leak.

The length of the first compartment aft of the collision bulkhead may be less than 0,10 LF or four metres. In such
cases, the fore peak and the adjacent compartment shall be taken as jointly floodable in the stability calculation. The
distance between the forward perpendicular and the aft transverse bulkhead bounding this compartment may not,
however, be less than 0,10 LF or four metres.

The distance between the collision bulkhead and the forward perpendicular shall be at least 0,04 LF and not more
than 0,04 LF + 2 m.

5. Where a passenger vessel has longitudinal watertight subdivisions, asymmetries between the collision bulkhead and

the rear bulkhead shall be taken into account as follows:

(a) provided that the longitudinal bulkheads are at least BF from the skin plating at the maximum loaded draft line
and at least BF, but not less than 1,50 m, from each other, the stability calculation shall allow for the individual
flooding of compartments A, B and C and the simultaneous flooding of compartments A + B and B + C (see fig.
1);

(b) if mid-compartment B has a watertight deck more than 0,50 m from the bottom of the vessel it is not necessary
to allow for flooding of compartment D situated above that deck (see fig. 2). The conditions set out above
regarding longitudinal bulkheads shall apply.

Figure 1

Figure 2

a = at least 1/5 BF

b = at least 1/6 BF, and not less than 1,50 m

c = at least 1/5 BF

d = at least 0,50 m.

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Article 15.03

Transverse bulkheads

1. In addition to the bulkheads prescribed in Article 3.03, Section 1, the transverse bulkheads deriving from the

subdivision calculation shall be required.

The prescribed transverse bulkheads shall be watertight and be carried up to the bulkhead deck. Where there is no
bulkhead deck these bulkheads shall extend to a height at least 20 cm above the margin line. The requirements of
Article 15.04, Section 8 shall be met.

Passenger spaces and the on-board staff’s quarters shall be separated from the engine rooms and boiler rooms by
gastight bulkheads.

2. The number of openings in watertight transverse bulkheads as defined in Section 1 above shall be as small as the
type of construction and normal operation of the vessel permit. Openings and passageways shall not adversely affect
the watertightness of bulkheads.

Collision bulkheads shall have neither openings nor doors.

The bulkheads separating engine rooms from passenger spaces or the on-board staff’s quarters shall have no doors.

3. Doors in watertight bulkheads which are manually operated and not remotely controlled shall be authorised only in
areas not accessible to passengers. They shall remain closed at all times and may be opened only temporarily to allow
access. Rapid and safe locking shall be ensured by appropriate devices. The words BClose door immediately after useD
shall appear on both sides of such doors.

Notwithstanding the first sentence above, manually operated watertight bulkhead doors shall be permitted in
passenger areas if:

(a) the length LF of the craft does not exceed 40 m;

(b) the number of passengers does not exceed LF;

(c) the vessel has only one deck;

(d) the doors are accessible directly from the deck and are not more than 10 m away from access to the deck;

(e) the lower edge of the door is at least 30 cm above the floor of the passenger area;

(f)

the two adjacent compartments are equipped with a bilge level alarm system.

4. It shall be possible to close bulkhead doors which remain open for prolonged periods on the spot from either side
and from any easily accessible place above the bulkhead deck. Once a door has been remotely closed, it shall be
possible to reopen and close it safely on the spot. Closure shall not be impeded by carpeting, foot rails or other
obstructions.

The duration of the remote closing operation shall be not less than 30 seconds and not more than 60 seconds.
During the operation, an automatic alarm signal shall sound close to the door. At the point where the remote control
operation is carried out, there shall be a device to indicate whether the door is open or closed.

5. Bulkhead doors and their opening and closing devices shall be located in an area bounded on the outside by a
vertical plane at a distance of 1/5 of the breadth BF parallel to the side plating at the maximum loaded draft line. The
wheelhouse shall be equipped with a visual alarm system which acts as a monitoring device and is activated
whenever the bulkhead door is opened.

6. Open-ended piping and ventilation ducts shall be so installed that, in the event of a leak, no other spaces or tanks are
flooded. If several compartments are connected by piping or ventilation ducts, such piping and ducts shall open into
an appropriate place above the waterline corresponding to the worst possible flooding. Where this is not the case,
transverse bulkheads shall be fitted with remote closing devices operated from above the bulkhead deck.

Piping which has no open orifice in a compartment shall be considered intact in the event of any damage to that
compartment, provided that it is within the safety area defined in Section 5 above and is more than 0,50 m from the
bottom.

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7. Where openings and doors such as those referred to in Sections 2 to 6 above are authorised, the following operating

instructions shall be entered on the inspection certificate:

BThe crew shall be instructed that, in the event of danger, all openings and doors in watertight bulkheads are to be
hermetically closed without delay.D

8. Transverse bulkheads may be recessed provided that all recess points are within the safety area defined in Section 5

above.

Article 15.04

Intact stability and stability in the event of a leak

1. The applicant shall show that the intact stability of the vessel is adequate by calculation based on the results of a

lateral stability test and, if the inspection body so requests, of a turning test.

2. Proof of adequate intact stability by calculation shall be deemed to be furnished if, when fully rigged, with fuel
bunkers, water tanks and waste water collection tasks half filled, while maintaining a residual freeboard and residual
safety clearance conforming to Section 7 below, and under the simultaneous effects of:

(a) a lateral displacement of persons under the conditions set out in Section 4 below;

(b) wind pressure as defined in Section 5 below;

(c) the centrifugal force resulting from the turning of the craft under the conditions set out in Section 6 below,

the heel of the vessel does not exceed 12K. Under the sole effect of lateral displacement of persons, this angle shall
not exceed 10K.

The inspection body may require the calculation also to be made for other degrees of filling of fuel bunkers and
tanks.

3. For vessels with a length LF of less than 25 m, the proof of adequate intact stability by calculation required in
Section 2 above may be replaced by a load test with the weight of half the authorised maximum number of
passengers and the most unfavourable loading of fuel bunkers and water tanks. This weight shall be distributed
from the side plating over the free deck area for passenger use at a ratio of 3Y passengers per m2. During this test,
the angle of heel shall not exceed 7K and the remaining freeboard and safety clearance shall not be less than
0.05 B + 0,20 m and 0,05 B + 0,10 m respectively.

4. The moment resulting from the lateral displacement of persons Mp shall be the sum of the moments for each deck

accessible to passengers. These shall be calculated as follows:

(a) For free decks:

where:

Mpn ¼ cp (cid:2) b (cid:2) P ½kNm(cid:5)

cp

b

P

coefficient (cp = 1,5) [m/s2];

the greatest usable width of the bridge, measured at a height of 0,50 m;

total mass in tonnes of the persons admitted on the deck in question.

(b) For deck space occupied by fixed installations:

In calculating the lateral displacement of persons on decks partly occupied by fixed installations, such as benches,
tables, dinghies or small shelters, a load of 3Y passengers per m2 of free deck area shall be used; in the case of
benches, a width of 0,50 m and a depth of 0,75 m per passenger should be allowed for.

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The calculation shall be made for displacement to starboard and to port.

For vessels with more than one deck, the distribution of the total weight of persons shall be the most unfa-
vourable from the point of view of stability. Cabins, if any, shall be assumed to be unoccupied for the calculation
of lateral displacement of persons.

The centre of gravity of a person shall be assumed to be at a height of one metre above the lowest point of the
deck at ‰ LF without allowing for the sheer or curvature of the deck and assuming a mass of 75 kg per
passenger.

5. The moment resulting from the wind pressure Mw shall be calculated as follows:

Mw ¼ pv (cid:2) S ðlv þ T

2Þ ½kNm(cid:5)

where:

pv

S

lv

specific wind pressure, i.e. 0,1 kN/m2;

sheer plan of the vessel above the plane of maximum draught in m2;

distance from the centre of gravity of the sheer plan of the vessel S at the plane of maximum draught in m.

6. The moment resulting from the centrifugal force exerted by the turning of the vessel shall be calculated as follows:

Mgi ¼ Cgi (cid:2) D
LF

ðHg U T

2Þ ½kNm(cid:5)

where:

Cgi

Hg

a coefficient (Cgi = 5) [m2/s2];

distance between the centre of gravity and the keel line in m.

Where the angle of heel during turning is verified by a test, the value so determined may be used in the calculation.
The test shall be performed with the craft at half maximum speed fully loaded and on the smallest turning radius
possible under these conditions.

7. With the vessel at the angle of heel resulting from the forces referred to in Section 2(a) to (c) the remaining freeboard

must be not less than 0,20 m.

For vessels whose side glazing can be opened or whose sides contain other openings not guaranteed to be watertight
a safety clearance of at least 0,10 m shall be maintained.

8. Proof by calculation of adequate stability in the event of a leak shall be deemed to have been furnished if at all the

intermediate stages and the final stage of flooding the righting moment MR defined by:

MR ¼ CR (cid:2) MGres (cid:2) sin’ (cid:2) D ½kNm(cid:5)

is greater than the heeling moment Mg ¼ 0,2 Mp ½kNm(cid:5):

where

CR

coefficient (CR = 10) [m/s2];

MGres Reduced metacentric height in m in the flooded state;

(cid:1)

Mp

the smaller of the following two angles: angle at which the initial opening of a non-immersed compartment
begins to be immersed or angle at which the bulkhead deck begins to be immersed;

Moment resulting from the lateral displacement of persons, as referred to in Section 4.

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Calculation of the number of passengers on the basis of free deck area

Article 15.05

1. If Articles 15.04 and 15.06 have been complied with, the inspection body shall set the authorised maximum number

of passengers as follows:

(a) The calculation shall be based on the sum total free deck area normally reserved on board to accommodate

passengers.

However, the deck areas of cabins and toilet compartments and of areas used permanently or temporarily for the
operation of the vessel, even if accessible to passengers, shall not be included in the calculation. Moreover, areas
located below the main deck shall not be taken into consideration. However, areas let into the main deck and
including large glazing above it may be included in the calculation.

(b) The following shall be subtracted from the total area calculated in accordance with (a) above:

C the surfaces of corridors, companionways and other connecting surfaces,

C surfaces beneath companionways,

C surfaces permanently occupied by gear or furniture,

C surfaces beneath dinghies, life-rafts and lifeboats, even where these are placed high enough for passengers to

get beneath them,

C small surfaces, including those between seats and tables, which are effectively unusable.

(c) A load of 2,5 passengers should be allowed for per m2 of free deck area, as determined in accordance with points
(a) and (b); however, this load shall be 2,8 passengers in the case of vessels with a length LF of less than 25 m.

2. The authorised maximum number of passengers shall be indicated on board by means of easily legible notices affixed
in prominent places. In the case of cabin vessels also operated for day excursions, passenger numbers shall be
calculated as for a day-excursion vessel and as for a cabin vessel and entered on the certificate.

Articles 15.02 and 15.04 shall be complied with for each of these passenger numbers.

In the case of vessels used exclusively for journeys involving overnight accommodation, the number of berths shall
be determinant.

Article 15.06

Safety clearance, freeboard and draught marks

1. The safety clearance shall be at least equal to the sum of:

(a) the additional lateral draught, measured from the outside plating, resulting from the authorised angle of heel, and

(b) the residual safety clearance prescribed in Article 15.04, Sections 2 and 7.

For vessels without a bulkhead deck, the safety clearance shall be at least 0,50 m.

2. The freeboard shall be at least equal to the sum of:

(a) the additional lateral draught, measured from the outside plating, resulting from the angle of heel calculated in

accordance with Article 15.04, Section 2, and

(b) the residual freeboard prescribed in Article 15.04, Sections 2 and 7.

The freeboard shall be at least 0,30 m.

3. The plane of maximum draught shall be determined in such a way as to comply with the safety clearance prescribed
in Section 1, the freeboard prescribed in Section 2, and Articles 15.02 to 15.04. However, for safety reasons the
inspection body may lay down a greater freeboard or a greater safety clearance.

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4. Draught marks shall be affixed to each side of the vessel in accordance with Article 4.04. Authorisation will be given
for additional pairs of marks or a continuous mark to be affixed. The position of such marks shall be clearly specified
in the certificate.

Article 15.07

Passenger installations

1. Deck areas which are intended for passengers and are not enclosed shall be surrounded by a ship’s rail or guard rail
at least one metre high. The guard rail shall be fitted in such a way that children cannot fall through it. Openings and
installations used to board or leave the vessel and openings used to load or unload it shall be fitted with an
appropriate safety device.

Gangways shall be at least 0,60 m wide and shall be fitted with a railing on each side.

2. (a) Connecting corridors and companionways, and doors and exits intended for use by passengers, shall have a clear
width of at least 0,80 m. This may be reduced to 0,70 m for doors to passenger cabins and other small rooms.

Where a part of the vessel or a room intended for passengers is served by a single connecting corridor or
companionway, the clear width thereof shall be at least one metre. On vessels whose length LF is less than 25 m,
the inspection body may authorise a width of 0,80 m.

In the case of rooms or groups of rooms intended for more than 80 passengers, the sum width of all the exits
provided for passengers and which the latter would have to use in an emergency shall be at least 0,01 m per
passenger.

(b) Rooms or groups of rooms designed or arranged for 30 or more passengers or including berths for 12 or more
passengers shall have at least two exits. A watertight bulkhead door complying with Article 15.03, Sections 2, 4
or 5 and giving access to an adjacent compartment from which the upper deck may be reached shall be
considered to be an exit.

Such exits shall be appropriately planned. If the total width of the exits referred to at (a) is determined by the
number of passengers, the width of each exit shall be at least 0,005 m per passenger. Except in the case of cabin
vessels, one of these two exits may be replaced by two emergency exits.

Rooms located below the main deck shall have at least one direct exit, or where appropriate one emergency exit,
giving onto the said deck or to the outside. This requirement does not apply to individual cabins.

Emergency exits shall have a clear opening of at least 0,36 m2 and a shortest side not less than 0,50 m long.

(c) Companionways below the main deck shall be located within two vertical planes at a distance of at least 1/5 BF
from the side plating. This distance is not obligatory where there is at least one companionway on each side of
the vessel
in the case of
companionways less than 0,90 m wide a single handrail will be sufficient.

in the same room. Companionways shall be fitted with handrails on each side;

3. Doors to passenger day-rooms, except those opening onto corridors, shall be capable of opening outwards or shall be

constructed as sliding doors.

Cabin doors shall be made in such a way that they can also be unlocked from the outside at any time.

4. Evacuation routes and emergency exits shall be clearly signed; these signs shall be lit by the emergency lighting

system.

5. On board vessels authorised to carry up to 300 passengers there shall be at least one lavatory per 150 passengers.
On board vessels authorised to carry more than 300 passengers there shall be separate lavatories for each sex, at the
rate of at least one for every 200 passengers.

6. The entry of non-authorised persons into those parts of the vessel which are not intended for passengers, and in
particular access to the wheelhouse and the engine rooms, shall be forbidden. In addition, the words BNo entryD or a
corresponding symbol shall appear in a prominent place at the access points to such parts of the vessel.

7. Only toughened glass, laminated glass or a synthetic material authorised for use in fire protection may be used for

glazing located in the area accessible to passengers.

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Article 15.08

Special requirements for survival equipment

1. Passenger vessels shall carry the number of lifebuoys indicated in the following table:

LF in m

Maximum number of passengers admitted

Number of lifebuoys

up to 25

over 25 and up to 35

over 35 and up to 50

over 50

C

C

up to 200

over 200 and up to 300

over 300 and up to 600

over 600 and up to 900

over 900 and up to 1 200

over 1 200

3

4

6

8

10

12

The number of lifebuoys shall be determined by reference to the larger of the values resulting from the first and
second columns.

Half the prescribed lifebuoys shall be fitted with a buoyant line at least 30 m long.

2. Vessels with a length LF of

in addition to the lifebuoys required under Section 1, carry
individual or collective survival equipment both for the entire maximum number of passengers authorised for the
vessel’s operating mode and for the vessel’s service crew. Where buoyancy in the event of a leak has been checked,
the requirements referred to in Section 3 shall be applied.

less than 25 m shall,

3. Survival equipment shall be stored on board in such a way that in case of need it can be easily and safely reached.

Concealed storage places shall be clearly signed.

4. Individual survival equipment are the lifebuoys and life-jackets referred to in Article 10.05 and buoyancy aids and

appropriate equipment capable of supporting a person in the water.

The buoyancy aids and appropriate equipment shall:

(a) provide a buoyancy of at least 100 N in fresh water;

(b) be made of a suitable material and be resistant to oil and oil-derived products, and to temperatures of up to

50 KC;

(c) be fitted with appropriate devices enabling them to be grabbed;

(d) have a fluorescent orange colour or have permanently fixed fluorescent surfaces measuring at least 100 cm2.

Inflatable individual survival equipment shall be checked in accordance with the manufacturer’s instructions.

5. Collective survival equipment is dinghies, life-rafts and appropriate equipment capable of supporting several persons

in the water. These shall:

(a) bear an inscription indicating how they are to be used and the number of passengers for which they are

approved;

(b) provide a buoyancy in fresh water of at least 100 N per person;

(c) assume and maintain a stable trim and, in this respect, be fitted with appropriate devices enabling them to be

grabbed by the indicated number of persons;

(d) be made of a suitable material and be resistant to oil and oil-derived products, and to temperatures of up to

50 KC;

(e) have a fluorescent orange colour or have permanently fixed fluorescent surfaces measuring at least 100 cm2;

(f) be rapidly and safely launchable from their place of storage by a single person.

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6. Inflatable survival equipment shall in addition:

(a) comprise at least two separate air compartments;

(b) inflate automatically or by manual command when launched;

(c) assume and maintain a stable trim whatever load it is supporting, even when only half the air compartments are

inflated;

(d) be checked in accordance with the manufacturer’s instructions.

Article 15.09

Fire protection and fire-fighting in passenger spaces

1. Decks separating passenger areas from one another or from the engine rooms and wheelhouse, and bulkheads and
walls between passenger areas and engine rooms and between passenger areas and galleys shall be fire-retardant.

Partition walls and doors separating corridors from cabins and cabins from other cabins shall be fire-retardant.

Partition walls between corridors and cabins shall extend from deck to deck or shall extend up to a fire-resistant
ceiling.

Where appropriate sprinkler systems have been fitted the prescriptions of the second and third paragraphs of this
Section shall not be compulsory.

Fire spaces above ceilings, under floors and behind facings shall be subdivided at no more than 10 m intervals by
fire-resistant structural parts.

2. Companionways, exits and emergency exits shall be so disposed that in the event of a fire in any area, the other

areas may be evacuated safely.

Companionways, including their steps, shall include a frame made of steel or an equivalent non-flammable material.
The steps shall be fire-resistant.

On cabin vessels they shall be located within a stairwell fitted with fire-retardant walls and with automatically
closing fire-retardant doors.

A companionway which links only two decks need not be surrounded by a stairwell where one of these decks is
surrounded by fire-retardant bulkheads with automatically closing fire-retardant doors or where appropriate
sprinkler devices have been installed.

Stairwells shall link directly to the corridors and external decks.

3. Account shall be taken of the increased fire risk in galleys, hairdressing salons and perfume shops in accordance

with the prescriptions of the competent authorities.

4. Paint, varnish and other surface treatment products used indoors, as well as materials used to face and insulate, shall
be of a fire-resistant type. In the event of fire they shall not give off dangerous amounts of smoke or toxic gas.

Door-opening mechanisms shall function normally for a sufficiently long period in the event of fire.

5. Corridors which are more than 40 m long shall be subdivided by fire-retardant partition walls fitted with auto-

matically closing doors at intervals of no more than 40 m.

6. Automatically closing fire-retardant doors which are left open during normal service shall be closable from a place

which is permanently occupied by the vessel’s crew and shall be closable on the spot.

7. Ventilation installations shall be built in such a way as to prevent the spread of fire through such installations. It

shall be possible to close the air inlet and outlet vents.

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Continuous ducts shall be subdivided at intervals of no more than 40 m by fire valves.

Ventilation ducts which pass through stairwell partition walls or engine room bulkheads shall be fitted with fire
valves where they pass through such walls.

It shall be possible to switch off built-in ventilators from a central unit located outside the engine room.

8. On cabin vessels all cabins and day-rooms for passengers and crew members as well as the galleys and engine
rooms shall be linked to an appropriate fire alarm system. The presence of a fire and its location shall be signalled
automatically to a place which is permanently occupied by the vessel’s crew.

9. Passenger vessels shall be fitted with a fire-fighting system comprising:

(a) a fixed, powered fire pump;

(b) piping with a sufficient number of hydrants;

(c) a sufficient number of fire hoses.

Fire-fighting installations shall be so arranged and of such dimensions that any point on the vessel may be reached
from at least two different hydrants, in each case by using a single fire hose no more than 20 m long. Water
pressure at the hydrant shall be at least 3 bar. On the highest deck it shall be possible to achieve a jet length of at
least 6 m.

Fire pumps shall not be installed forward of the collision bulkhead. Where the fire pump is installed in the main
engine room, a second powered fire pump shall be installed outside that room such as may be used independently
of the engine room installations. This pump may be portable.

Normal service and deck wash pumps and deck wash pipes may be encompassed within the fire-fighting installation
where appropriate.

On cabin vessels with a length LF less than 25 m and on day-excursion vessels with a length LF less than 40 m the
following derogations are allowed:

(a) the fire pump need not be a fixed installation;

(b) where the fire pump is installed in the main engine room a second pump is not required;

(c) it is sufficient that every point on the vessel may be reached from one hydrant using a single fire hose no more

than 20 m long.

10. In addition to the extinguishers prescribed in Article 10.03, Section 1, the following extinguishers at least shall be

carried on board:

(a) one extinguisher for every 120 m2 of gross floor area, rounded up to the next 120 m2, in day-rooms, dining

rooms and similar areas;

(b) one extinguisher for every group of 10 cabins, rounded upwards.

These additional extinguishers shall be located around the vessel in such a way that one of them is to hand at all
times no matter where a fire breaks out.

Article 15.10

Additional provisions

1. Lighting shall be provided solely by electric lighting systems.

2. There shall be an emergency electric lighting system with the meaning of Article 9.18, Section 2.

3. Where direct communication is not possible between the wheelhouse and the crew’s living quarters, the operating
areas, the fore and aft sections of the vessel and the passenger access points, a communication system providing a
sure and reliable two-way link shall be provided.

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4. Vessels with a length LF of 40 m or more or authorised to carry more than 75 passengers shall be equipped with

loudspeakers capable of reaching all passengers.

5. Cabin vessels shall have an alarm system. This shall comprise:

(a) an alarm system to warn the vessel command and the crew:

This alarm shall be given only in areas assigned to vessel command and the crew; it shall be possible for the
vessel command to stop the alarm. It shall be possible to trigger the alarm from at least the following places:

C in each cabin,

C in the corridors, lifts and stairwells, with the distance to the nearest trigger not exceeding 10 m and with at

least one trigger per watertight compartment,

C in the lounges, dining rooms and similar areas,

C in the engine rooms, galleys and similar areas exposed to fire risk.

(b) an alarm system to warn passengers:

This alarm shall sound clearly and unmistakably in all areas accessible to passengers. It shall be possible to
trigger it from the wheelhouse and from a location permanently occupied by the crew.

Alarm triggers shall be protected against unintentional use.

6. Cabin vessels shall be equipped with a radio-telephone system allowing communication with the public telephone

network.

7. The following points and areas at least shall be adequately lit:

(a) the points where collective survival equipment is stored and those where it is normally prepared for use;

(b) evacuation routes, passenger access points, corridors, lifts and companionways in the accommodation and the

cabin and accommodation areas;

(c) signs indicating evacuation routes and exits;

(d) engine rooms and their exits;

(e) the wheelhouse;

(f)

the room housing the emergency power source;

(g) the points where extinguishers and fire pumps are located;

(h) the areas in which passengers and crew muster in the event of danger.

8. On cabin vessels, a safety plan shall be kept on board indicating the tasks to be performed by the crew and staff in
the event of an emergency in accordance with the police requirements in force. Tasks shall be indicated for the
following cases:

(a) a leak;

(b) a fire on board;

(c) evacuation of passengers;

(d) a man overboard.

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The safety plan shall include a plan of the vessel indicating clearly and precisely:

(a)

the survival and safety equipment;

(b)

the watertight doors located below deck and the position of their controls, as well as other openings such as
those referred to in Article 15.03, Sections 2 and 6;

(c)

fire-retardant doors;

(d)

fire-dampers;

(e)

alarm installations;

(f)

Fire alarm system;

(g)

fire-fighting installations and extinguishers;

(h) evacuation routes and emergency exits;

(i)

the emergency power source;

(j)

the ventilation system controls;

(k) connection to the earthing network;

(l)

closing controls for fuel supply pipes;

(m) liquefied gas plant;

(n)

loudspeaker systems;

(o)

radio-telephone installations.

The safety plan and the plan of the vessel shall bear the stamp of the inspection body and be displayed prominently
at appropriate locations.

9. On cabin vessels a general evacuation plan shall be displayed for passengers at appropriate locations. The plan may

be combined with the safety plan required under Section 8.

The requisite instructions to passengers on what to do in the event of an alarm, fire, damage to the vessel and
evacuation and indicating the location of the survival equipment shall be provided in each cabin.

These instructions shall be written in Dutch, English, French and German.

10. In the case of vessels with a wooden, aluminium or synthetic hull, the engine rooms shall be constructed of
materials referred to in Article 3.04, Sections 3 and 5, or be equipped with a permanently installed extinguishing
system within the meaning of Article 10.03, Section 5.

Article 15.11

Waste water collection and disposal facilities

1. Passenger vessels with more than 50 passenger berths shall be equipped either with waste water collection tanks or

with on-board treatment plant.

2. Waste water collection tanks shall have sufficient volume. They shall be fitted with a device to indicate their content
level. To empty the tanks, the vessel shall have its own pumps and pipes with which to evacuate the waste water to
berths situated to either side of the vessel. The pipes shall be fitted with waste water evacuation joints in accordance
with European standard EN 1306.

3. The on-board treatment plant shall, at all times and without dilution, be able to ensure the exit limit value required

by the police provisions in force and shall be fitted with a sampling device.