Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2006-08-11
Institutions: European Commission
Subjects: harmonisation of standards, inland waterway shipping, maritime safety, technical standard, technological change, vessel

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.8.2006 
COM(2006) 462 final 

1997/0335 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty 
on the European Parliament's amendments to the Council's common position regarding 
the proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down technical requirements for inland waterway vessels and repealing Council 
Directive 82/714/EEC 

(AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty) 

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1997/0335 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments to the Council's common position regarding 
the proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down technical requirements for inland waterway vessels and repealing Council 
Directive 82/714/EEC 

1. 

INTRODUCTION 

Article  251(2),  third  subparagraph,  point  (c)  of  the  EC  Treaty  requires  the  Commission  to 
deliver  an opinion  on  amendments proposed  by  the European Parliament at second reading. 
The Commission sets out its opinion below on the amendments proposed by Parliament. 

2. 

BACKGROUND 

Date of transmission of the proposal to the EP and the Council 
(document COM(1997) 644 final – 1997/0335 (COD)): 

9 December 1997 

Date of the opinion of the European Economic and Social 
Committee: 

Date of transmission of the amended proposal 
(document COM(2000) 419 final): 

25 March 1998 

19 July 2000 

Date of adoption of the common position by unanimity: 

23 February 2006 

Date of the opinion of the European Parliament, second reading 

5 July 2006 

3. 

PURPOSE OF THE PROPOSAL 

The  Commission  amended  proposal  for  a  Directive  of  the  European  Parliament  and  of  the 
Council  amending  Directive  82/714/EEC  laying  down  technical  requirements  for  inland 
waterway  vessels  aims  at  aligning  the  Community  technical  requirements  on  the  advanced 
standards governing navigation of the Rhine, with a view to establishing a single scheme for 
the  entire  network  of  European  waterways.  It  should  also  facilitate  the  adaptation  of  these 
technical  requirements  in  the  future,  by  way  of  a  comitology  procedure,  in  the  light  of 
technical  progress  and  of  developments  arising  from  the  work  of  other  international 
organisations, in particular that of the Central Commission for Navigation on the Rhine. 

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The internal market and the development of free inland navigation on all waterways in the EU 
require the harmonisation or alignment of technical and safety requirements according to the 
highest  standards.  This  will  further  both  the  free  movement  of  goods  and  high  safety, 
environmental  and  social  standards.  At  the  same  time  the  harmonisation  of  technical 
requirements  and  the  mutual  recognition  of  certificates  will  improve  the  conditions  for  fair 
competition  and  establish  a  genuine  level  playing  field  in  inland  waterway  transport  in  the 
single market. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENT[S]  BY  THE  EUROPEAN 
PARLIAMENT 

The  Commission  can  accept  the  amendment  adopted  by  the  European  Parliament  in  second 
reading  as  it  is  a  result  of  a  compromise  agreed  between  the  European  Parliament  and  the 
Council with a view to the adoption of the Directive in second reading. The Commission has 
in any case made clear before the Parliament that it would pay special attention to the subject 
of recreational craft in the comitology procedure. The amendment thus does not alter the aims 
and approach of the Commission’s proposal. 

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

6. 

COMMISSION DECLARATION 

The Commission made a unilateral declaration at the occasion of the adoption of the Common 
Position (see Annex I).  

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ANNEX I 

Commission declaration 

When  implementing  the  present  Directive,  the  Commission  commits  itself  to  a  close 
cooperation with CCNR, both concerning the adaptation of the Annexes and concerning 
the application of the Directive by Member States, and to take into account all initiatives 
undertaken by CCNR in this regard. 

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