Directive 2005/44/EC of the European Parliament and of the Council of 7 September 2005 on harmonised river information services (RIS) on inland waterways in the Community
Date: 2005-09-07
Institutions: Council of the European Union, European Parliament
Subjects: exchange of information, inland waterway shipping, network of navigable waterways, pollution control, transport safety

L 255/152

EN

Official Journal of the European Union

30.9.2005

DIRECTIVE 2005/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 September 2005

on harmonised river information services (RIS) on inland waterways in the Community

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (2),

Whereas:

(1)

(2)

(3)

(4)

(5)

The deployment of
information and communication
technologies on inland waterways helps to increase
significantly the safety and efficiency of transport by
inland waterway.

In some Member States national applications of informa-
tion services are already being deployed on various
waterways. In order to ensure a harmonised, interoper-
able and open navigational aid and information system
on the inland waterway network of the Community,
common requirements
specifications
should be introduced.

and technical

For safety reasons and in the interests of pan-European
harmonisation, the content of such common require-
ments and technical specifications should build on work
carried out in this field by relevant international organi-
sations, such as the International Navigation Association
(PIANC), the Central Commission for Navigation on the
Rhine
and the United Nations Economic
Commission for Europe (UNECE).

(CCNR)

River information services (RIS) should build on intero-
perable systems that should be based on open and
public standards, available on a non-discriminatory basis
to all system suppliers and users.

On national navigable inland waterways not linked to
the navigable network of another Member State these
requirements and technical specifications need not be
is however recommended that RIS, as
mandatory.
defined in this Directive, be implemented on those
inland waterways and that existing systems be made
interoperable with it.

It

(6)

(7)

(8)

(9)

(10)

The development of RIS should be based on objectives
such as safety, efficiency and the environmental friendli-
ness of inland navigation, which are fulfilled by tasks
like traffic and transport management, environment and
infrastructure protection and the enforcement of specific
rules.

The requirements regarding RIS should concern at least
the information services to be provided by the Member
States.

specifications

The establishment of
should
technical
include systems such as electronic navigational charts,
electronic ship reporting, including a uniform European
vessel number system, notices to skippers and vessel
tracking and tracing. The technical compatibility of the
equipment necessary for the use of RIS should be
ensured by a Committee.

It should be the responsibility of the Member States, in
cooperation with the Community, to encourage users to
comply with the procedures and equipment require-
ments, taking into account the small and medium-sized
structure of
the inland navigation
sector.

the companies of

The introduction of RIS will entail the processing of
personal data. Such processing should be carried out in
accordance with Community rules, as set out, inter alia,
in Directive 95/46/EC of the European Parliament and of
the Council of 24 October 1995 on the protection of
individuals with regard to the processing of personal
data and on the free movement of such data (3) and
Directive 2002/58/EC of the European Parliament and of
the Council of 12 July 2002 concerning the processing
of personal data and the protection of privacy in the
electronic communications sector (4). The introduction
of RIS should not lead to uncontrolled processing of
economically sensitive data relating to market operators.

(11)

For the purposes of RIS for which exact positioning is
the use of satellite positioning should be
required,
recommended. These technologies
should, wherever
possible, be interoperable with other relevant systems
and should be integrated with them, in accordance with
applicable decisions in this field.

(1) OJ C 157, 28.6.2005, p. 56.
(2) Opinion of the European Parliament of 23 February 2005 (not yet
published in the Official Journal). Decision of the Council of 27 June
2005.

(3) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation

(EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(4) OJ L 201, 31.7.2002, p. 37.

30.9.2005

EN

Official Journal of the European Union

L 255/153

(12)

(13)

(14)

Since the objective of this Directive, namely to establish
harmonised RIS in the Community, cannot be suffi-
ciently achieved by the Member States and can therefore,
by reason of its European dimension, be better achieved
at Community level,
the Community may adopt
measures,
in accordance with the principle of subsi-
diarity as set out in Article 5 of the Treaty. In accord-
ance with the principle of proportionality, as set out in
that Article, this Directive does not go beyond what is
necessary in order to achieve that objective.

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1).

In accordance with paragraph 34 of the Interinstitutional
Agreement on better law-making (2) Member States are
for themselves and in the
encouraged to draw up,
interest of the Community, their own tables, which will,
as far as possible, illustrate the correlation between this
Directive and the transposition measures, and to make
them public,

Article 2

Scope

1.
This Directive applies to the implementation and opera-
tion of RIS on all inland waterways of the Member States of
class IV and above which are linked by a waterway of class IV
or above to a waterway of class IV or above of another
Member State,
including the ports on such waterways as
referred to in Decision No 1346/2001/EC of the European
Parliament and of the Council of 22 May 2001 amending Deci-
sion No 1692/96/EC as regards seaports,
inland ports and
intermodal terminals as well as project No 8 in Annex III (3).
For the purposes of this Directive, the Classification of Euro-
pean Inland Waterways set out in UNECE Resolution No 30 of
12 November 1992 shall apply.

2. Member States may apply this Directive to inland water-
ways and inland ports not referred to in paragraph 1.

Article 3

Definitions

HAVE ADOPTED THIS DIRECTIVE:

For the purposes of this Directive, the following definitions
shall apply:

Article 1

Subject matter

This Directive establishes a framework for the deploy-
1.
ment and use of harmonised river information services (RIS) in
the Community in order to support inland waterway transport
with a view to enhancing safety, efficiency and environmental
friendliness and to facilitating interfaces with other transport
modes.

2.
This Directive provides a framework for the establishment
and further development of technical requirements, specifica-
tions and conditions to ensure harmonised, interoperable and
open RIS on the Community inland waterways. Such establish-
ment and further development of technical requirements, speci-
fications and conditions shall be carried out by the Commis-
sion, assisted by the Committee referred to in Article 11. In
take due account of
this context,
measures developed by relevant
international organisations,
such as PIANC, CCNR and UNECE. Continuity shall be ensured
with other modal traffic management services,
in particular
maritime vessel traffic management and information services.

the Commission shall

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ C 321, 31.12.2003, p. 1.

to support

in inland navigation,

(a) ‘river information services (RIS)’ means the harmonised
traffic and transport
information services
management
including, wherever
technically feasible, interfaces with other transport modes.
RIS do not deal with internal commercial activities between
one or more of the involved companies, but are open for
interfacing with commercial
activities. RIS comprise
services such as fairway information, traffic information,
traffic management, calamity abatement support, informa-
tion for
transport management, statistics and customs
services and waterway charges and port dues;

(b) ‘fairway information’ means geographical, hydrological, and
administrative
the waterway
(fairway). Fairway Information is one-way information:
shore to ship or shore to office;

information

regarding

(c) ‘tactical traffic information’ means the information affecting
immediate navigation decisions in the actual traffic situa-
tion and the close geographic surroundings;

(d) ‘strategic

information
information’ means
affecting the medium and long-term decisions of RIS users;

traffic

the

(e) ‘RIS application’ means the provision of river information

services through dedicated systems;

(f) ‘RIS centre’, means

the place where the services are

managed by operators;

(3) OJ L 185, 6.7.2001, p. 1.

L 255/154

EN

Official Journal of the European Union

30.9.2005

(g) ‘RIS users’ means all different user groups including boat
masters, RIS operators,
lock and/or bridge operators,
waterway authorities, port and terminal operators, opera-
fleet
in calamity centres of emergency services,
tors
managers, cargo shippers and freight brokers;

navigation. The notices to skippers shall be provided at
least in an accessible electronic format.

The obligations referred to in this paragraph shall be fulfilled in
compliance with the specifications defined in Annexes I and II.

(h) ‘interoperability’ means that services, data contents, data
exchange formats and frequencies are harmonised in such a
way that RIS users have access to the same services and
information on a European level.

The competent authorities of the Member States shall

4.
establish RIS centres according to regional needs.

Article 4

Setting-up of RIS

1. Member States shall
take the necessary measures to
implement RIS on inland waterways falling within the scope of
Article 2.

2. Member States shall develop RIS in such a way that the
RIS application is efficient, expandable and interoperable so as
to interact with other RIS applications and, if possible, with
systems for other modes of transport. It shall also provide inter-
faces to transport management systems and commercial activ-
ities.

3.

In order to set up RIS, Member States shall:

(a) supply to RIS users all relevant data concerning navigation
and voyage planning on inland waterways. These data shall
be provided at least in an accessible electronic format;

(b) ensure that for all their inland waterways of class Va and
above in accordance with the Classification of European
Inland Waterways,
in addition to the data referred to in
point (a), electronic navigational charts suitable for naviga-
tional purposes are available to RIS users;

regulations,

the competent authorities

(c) enable, as far as ship reporting is required by national or
to
international
receive electronic ship reports of the required data from
ships. In cross-border transport, this information shall be
transmitted to the competent authorities of
the neigh-
bouring State and any such transmission shall be completed
before arrival of the vessels at the border;

For the use of the automatic identification systems (AIS),
5.
the regional arrangement concerning the radiotelephone service
on inland waterways concluded in Basel on 6 April 2000 in
the framework of the radio regulations of the International
Telecommunication Union (ITU) shall apply.

6. Member States,
if appropriate in cooperation with the
Community, shall encourage boat masters, operators, agents or
owners of vessels navigating on their inland waterways and
shippers or owners of goods carried on board such vessels to
fully profit from the services which are made available under
this Directive.

The Commission shall

7.
verify the interoperability, reliability and safety of RIS.

take appropriate measures

to

Article 5

Technical guidelines and specifications

1.
In order to support RIS and to ensure the interoperability
of these services as required by Article 4(2), the Commission
shall define in accordance with paragraph 2 technical guide-
lines for the planning, implementation and operational use of
the services (RIS guidelines) as well as technical specifications
in particular in the following areas:

(a) electronic chart display and information system for inland

navigation (inland ECDIS);

(b) electronic ship reporting;

(c) notices to skippers;

(d) vessel tracking and tracing systems;

(e) compatibility of the equipment necessary for the use of

RIS.

(d) ensure that notices to skippers,

including water level (or
their
maximum allowable draught) and ice reports of
inland waterways, are provided as standardised, encoded
and downloadable messages. The standardised message
shall contain at least the information necessary for safe

These guidelines and specifications shall be based on the tech-
nical principles set out in Annex II and shall take account of
work carried out in this field by relevant international organisa-
tions.

30.9.2005

EN

Official Journal of the European Union

L 255/155

2.
The technical guidelines and specifications referred to in
paragraph 1 shall be established and, when appropriate,
amended by the Commission in accordance with the procedure
laid down in Article 11(3). The establishment shall be carried
out in accordance with the following time-table:

(a) the RIS guidelines by 20 June 2006,

(b) the technical specifications regarding the inland ECDIS, the
electronic ship reporting and the notices to skippers by 20
October 2006,

(c) the technical specifications regarding the vessel tracking

and tracing systems by 20 December 2006.

The RIS guidelines and specifications shall be published

3.
in the Official Journal of the European Union.

Article 6

Satellite positioning

For the purpose of RIS, for which exact positioning is required,
the use of satellite positioning technologies is recommended.

Article 7

Type-approval of RIS equipment

1. Where necessary for the safety of navigation and required
by the relevant
specifications, RIS terminal and
network equipment and software applications shall be type-
approved for compliance with those specifications before being
put into service on inland waterways.

technical

2. Member States
shall notify to the Commission the
national bodies responsible for type-approval. The Commission
shall communicate such information to the other Member
States.

2. Member States shall
implement and maintain security
measures to protect RIS messages and records against untoward
events or misuse, including improper access, alteration or loss.

3.
Directive 2003/98/EC of the European Parliament and of
the Council of 17 November 2003 on the re-use of public
sector information (1) shall apply.

Article 10

Amendment procedure

Annexes I and II may be amended in the light of the experience
gained from the application of this Directive and adapted to
technical progress in accordance with the procedure laid down
in Article 11(3).

Article 11

Committee procedure

1.
The Commission shall be assisted by the Committee insti-
tuted by Article 7 of Council Directive 91/672/EEC of
16 December 1991 on the reciprocal recognition of national
boatmasters' certificates for the carriage of goods and passen-
gers by inland waterway (2).

2. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

3. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

3.
All Member States shall recognise type-approvals issued
by the national bodies of the other Member States referred to
in paragraph 2.

The period laid down in Article 5(6) of Decision

4.
1999/468/EC shall be set at three months.

Article 8

Competent authorities

The Commission shall regularly consult representatives of

5.
the sector.

Member States shall designate competent authorities for the
RIS application and for the international exchange of data.
These authorities shall be notified to the Commission.

Article 12

Transposition

Article 9

Rules on privacy, security and the re-use of information

1. Member States shall ensure that processing of personal
data necessary for the operation of RIS is carried out in accord-
ance with the Community rules protecting the freedoms and
fundamental
including Directives
95/46/EC and 2002/58/EC.

individuals,

rights

of

1. Member States which have inland waterways
falling
within the scope of Article 2 shall bring into force the laws,
regulations and administrative provisions necessary to comply
with this Directive by 20 October 2007. They shall forthwith
inform the Commission thereof.

(1) OJ L 345, 31.12.2003, p. 90.
(2) OJ L 373, 31.12.1991, p. 29. Directive as last amended by Regu-
lation (EC) No 1882/2003 of the European Parliament and of the
Council.

L 255/156

EN

Official Journal of the European Union

30.9.2005

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. Member
States shall determine how such reference is to be made.

2. Member States shall
take the necessary measures to
comply with the requirements set out in Article 4 not later
than 30 months after the entry into force of the relevant tech-
nical guidelines and specifications referred to in Article 5. The
technical guidelines and specifications shall enter into force on
the day following that of their publication in the Official Journal
of the European Union.

Following a request by a Member State, the Commission
3.
may extend in accordance with the procedure laid down in
Article 11(2), the period provided for in paragraph 2 for the
implementation of one or more requirements of Article 4 in
respect of inland waterways falling within the scope of Article 2
but with low traffic density, or in respect of inland waterways
for which the cost of such implementation would be dispropor-
tionate to its benefits. This period may be extended by simple
decision of the Commission; the extension may be renewed.
The justification to be provided with the request by the
Member State shall refer to the traffic density and economic
conditions on the waterway in question. Until the Commission
reaches its decision, the Member State that has requested an
extension may continue its operations as if the extension had
been granted.

4. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field governed by this Directive.

5. Where necessary, Member States shall assist one another
in the implementation of this Directive.

The Commission shall monitor the setting up of RIS in
6.
the Community and shall report to the European Parliament
and to the Council by 20 October 2008.

Article 13

Entry into force

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 14

Addressees

This Directive is addressed to the Member States which have
inland waterways falling within the scope of Article 2.

Done at Strasbourg, 7 September 2005.

For the European Parliament

For the Council

The President

J. BORRELL FONTELLES

The President

C. CLARKE

30.9.2005

EN

Official Journal of the European Union

L 255/157

ANNEX I

MINIMUM DATA REQUIREMENTS

As referred to in Article 4(3)(a), in particular the following data shall be supplied:

— waterway axis with kilometre indication,

— restrictions for vessels or convoys in terms of length, width, draught and air draught,

— operation times of restricting structures, in particular locks and bridges,

— location of ports and transhipment sites,

— reference data for water level gauges relevant to navigation.

L 255/158

EN

Official Journal of the European Union

30.9.2005

ANNEX II

PRINCIPLES FOR RIS GUIDELINES AND TECHNICAL SPECIFICATIONS

1. RIS Guidelines

The RIS guidelines referred to in Article 5 shall respect the following principles:

(a) the indication of technical requirements for the planning, implementing and operational use of services and related

systems;

(b) the RIS architecture and organisation; and

(c) recommendations for vessels to participate in RIS, for individual services and for the stepwise development of RIS.

2. Inland ECDIS

The technical specifications to be established in accordance with Article 5 for an electronic chart display and information
system (inland ECDIS) shall respect the following principles:

(a) compatibility with the maritime ECDIS in order to facilitate traffic of inland vessels in mixed traffic zones of the estu-

aries and sea-river traffic;

(b) the definition of minimum requirements for inland ECDIS equipment as well as the minimum content of electronic

navigational charts with a view to the safety of navigation, in particular:

— a high level of reliability and availability of the inland ECDIS equipment used,

— the robustness of the inland ECDIS equipment in order to withstand the environmental conditions typically

prevailing on board a vessel without any degradation in quality or reliability,

— the inclusion in the electronic navigational chart of all kinds of geographical objects (e.g. boundaries of the

fairway, shoreline constructions, beacons) that are needed for safe navigation,

— the monitoring of the electronic chart with overlaid radar image when used for conning the vessel;

(c) the integration of depth information on the fairway in the electronic navigational chart and display to a predefined

or the actual water level;

(d) the integration of additional information (e.g. of other parties than the competent authorities) in the electronic navi-
gational chart and display in the inland ECDIS without affecting the information that is needed for safe navigation;

(e) the availability of electronic navigational charts to RIS users;

(f) the availability of the data for electronic navigational charts to all manufacturers of applications, when appropriate

against a reasonable cost-related charge.

3. Electronic ship reporting

The technical specifications for electronic ship reporting in inland navigation in accordance with Article 5 shall respect
the following principles:

(a) the facilitation of the electronic data exchange between the competent authorities of the Member States, between
participants in inland as well as maritime navigation and in multi-modal transport where inland navigation is
involved;

(b) the use of a standardised transport notification message for ship-to-authority, authority-to-ship and authority-to-

authority messaging in order to obtain compatibility with maritime navigation;

(c) the use of internationally accepted code lists and classifications, possibly complemented for additional inland naviga-

tion needs;

(d) the use of a unique European vessel identification number.

30.9.2005

EN

Official Journal of the European Union

L 255/159

4. Notices to skippers

The technical specifications for notices to skippers in accordance with Article 5, in particular regarding fairway informa-
tion, traffic information and management as well as voyage planning, shall respect the following principles:

(a) a standardised data structure using predefined text modules and encoded to a high extent in order to enable auto-
matic translation of the most important content into other languages and to facilitate the integration of notices to
skippers into voyage planning systems;

(b) the compatibility of the standardised data structure with the data structure of inland ECDIS to facilitate integration

of notices to skippers in inland ECDIS.

5. Vessel tracking and tracing systems

The technical specifications for vessel tracking and tracing systems in accordance with Article 5 shall respect the
following principles:

(a) the definition of the requirements concerning systems and of standard messages as well as procedures so that they

can be provided in an automated way;

(b) the differentiation between systems suited to requirements of tactical traffic information and systems suited to
requirements of strategic traffic information, both with regard to positioning accuracy and required update rate;

(c) the description of the relevant technical systems for vessel tracking and tracing such as Inland AIS (inland automatic

identification system);

(d) compatibility of data formats with the maritime AIS system.