Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the European Committee for drawing up standards in the field of inland navigation (CESNI) and at the plenary session of the Central Commission for the Navigation on the Rhine (CCNR) on the adoption of a standard concerning technical requirements for inland waterways vessels
Date: 2015-10-27
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Central Commission for Navigation on the Rhine, European standard, committee (EU), inland waterway shipping, maritime safety, technical specification, technical standard, vessel

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   EUROPEAN COMMISSION  Brussels, 27.10.2015  COM(2015) 549 final 2015/0255 (NLE)   Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the European Committee for drawing up standards in the field of inland navigation (CESNI) and at the plenary session of the Central Commission for the Navigation on the Rhine (CCNR) on the adoption of a standard concerning technical requirements for inland waterways vessels   
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  present  Commission  proposal  concerns  the  establishment  of  the  Union  position  at  the 
meeting of the European Committee for drawing up standards in the field of inland navigation 
(CESNI)  of  26  November  2015  and  at  the  meeting  of  the  plenary  session  of  the  Central 
Commission  for  the  Navigation  on  the  Rhine  (CCNR)  in  relation  to  a  European  standard 
laying down technical requirements for inland navigation vessels. 

1.1. 

CESNI 

The CCNR adopted at its Spring Plenary session on 3 June 2015 Resolution CCNR 2015-I-3 
concerning the creation and functioning of a European Committee for drawing up standards in 
the  field  of  inland  navigation  (CESNI).  Its  mission  includes  the  adoption  of  technical 
standards in various fields, in particular as regards vessels, information technology and crew, 
the uniform interpretation of these standards and of the corresponding procedures as well as 
deliberations on safety of navigation, protection of environment or other areas of navigation.  

CESNI is composed of experts representing Member States of the CCNR and of the EU.  

The parties to the CCNR (Germany, France, The Netherlands, Belgium and Switzerland) and 
the remaining Member States of the EU have voting rights on the basis of one vote per State. 
The EU is not a party to the CCNR or to CESNI. However, it may participate in the work of 
CESNI, along with international organisations whose mission covers the areas concerned by 
CESNI, without voting rights.  

The  CESNI  Committee  adopts  standards  by  unanimity  of  the  votes  of  the  CCNR  and  EU 
Member  States  present.  In  the  absence  of  a  consensus  regarding  the  decision  to  put  the 
adoption  of  standards  on  the  agenda,  CESNI  decides  by  two-thirds  majority  of  the  votes  of 
those  Members  present  at  the  meeting.  In  a  second  step,  the  CESNI  adopts  standards  by 
unanimity of the votes of the CCNR and EU Member States present. Once decided, standards 
are given a unique reference number and are published. 

The  CCNR  has  built  up  significant  experience  in  establishing  technical  requirements  for 
inland waterway vessels. Established in the framework of CCNR and with the participation of 
all EU Member States, CESNI therefore possesses the necessary expertise and geographical 
representativeness to draw up standards common to the entire network of inland waterways in 
the European Union. 

1.2. 

The  European  standard  laying  down  technical  requirements  for  inland 
navigation vessels  

The  preparatory  work  on  a  uniform  technical  standard  for  inland  waterway  vessels  to  be 
applied both within the EU and the CCNR has started in the framework of the existing Joint 
Working  Group  which  supports  the  implementation  of  the  Directive  of  the  European 
Parliament  and  of  the  Council  2006/87/EC  laying  down  technical  requirements  for  inland 
waterway vessels and repealing Council Directive 82/714/EEC1.   

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OJ L 389, 30.12.2006, p.1. 

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The Joint Working Group has compared the existing technical requirements applicable under 
the  EU  legislation  and  in  the  framework  of  CCNR  and  developed  uniform  solutions  in  the 
areas where there are differences.  

CESNI has continued the work of the Joint Working Group and intends to adopt a standard 
for technical requirements for inland waterway vessels.  

This  standard  lays  down  the  uniform  technical  requirements  necessary  to  ensure  the  safety  of 
inland  waterway  vessels.  It  includes  provisions  regarding  shipbuilding,  fitting  out  and 
equipment  for  inland  waterway  vessels,  special  provisions  regarding  specific  categories  of 
vessels such as passenger vessels, pushed convoys and container vessels, provisions regarding 
vessel  identification,  model  of  certificates  and  register,  transitional  provisions  as  well  as 
instructions  for  the  application  of  the  technical  standard.    At  its  meeting  of  28  September 
2015, CESNI decided unanimously to schedule the adoption of the European standard laying 
down  technical  requirements  for  inland  navigation  vessels  at  the  meeting  on  26  November 
2015. The standard will be presented for final validation at the meeting organised under the 
auspices  of  CESNI  on  6  November  2015  in  view  of  its  adoption  shortly  afterwards.  It  is 
expected that only formal and minor changes will be made to the text. The standard will be 
published by means of a dedicated Website (cesni.eu).  

Following  this  adoption,  the  standard  does  not become  binding.  However,  it  will  serve  as  a 
point  of  reference  for  the  CCNR  and  other  international  organisations,  in  order  to  make  it 
applicable in accordance with their respective legal frameworks.  

Consequently,  after  adoption  by  CESNI,  the  CCNR  will  adapt  its  legislative  framework 
(Rhine  Vessel  Inspection  Regulations)  with  a  view  to  referring  to  the  CESNI  standard  and 
will decide to make this standard mandatory in the plenary session of the CCNR.  

2. 

RELEVANT EU LEGISLATION AND EU COMPETENCE 

Directive  2006/87/EC  ensures  that  Union  inland  navigation  certificates  are  issued  for  crafts 
which are compliant with the technical requirements for inland waterway vessels laid down in 
Annex II to this Directive for which equivalency with the technical requirements laid down in 
the application of the Revised Convention for Rhine Navigation has been established. 

The  certificates  issued  on  the  basis  of  Article  22  of  the  Revised  Convention  for  Rhine 
Navigation  and  the  Union  inland  navigation  certificates  are  considered  equivalent  from  the 
point  of  view  of  the  technical  requirements  for  vessels,  in  particular  as  the  technical 
requirements  within  the  EU  legal  framework  have  mainly  been  based  upon  the  technical 
requirements of the Rhine Vessel Inspection Regulations. 

Moreover,  Article  20  of  Directive  2006/87/EC  provides  that  any  amendment  of  Annex  II 
based  on  technical  progress  or  developments  in  this  area  arising  from  the  work  of 
international  organisations,  in  particular  CCNR,  has  to  ensure  that  the  certificates  issued 
pursuant  to  the  respective  regulatory  frameworks  continue  to  be  equivalent  in  order  to 
guarantee an equivalent level of safety. 

Therefore,  any  development  derived  from  amendments  of  the  technical  requirements  in  the 
framework of the CCNR may affect Directive 2006/87/EC.  

In addition, the Commission adopted on 10 September 2013 a proposal for a Directive laying 
down  technical  requirements  for  inland  waterway  vessels  and  repealing  current  Directive 

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2006/87/EC2  as  a  part  of  the  NAIADES  II  package3.  As  referred  to  in  the  recitals  of  this 
proposal,  maintaining  two  separate  set  of  rules  for  technical  requirements  for  vessels  under 
two different legal regimes (of the CCNR and of the EU) that operate according to their own 
rules and procedures is difficult and does not ensure legal certainty and safety.  

The  legislative  procedure  for  the  above-mentioned  proposal  has  made  substantial  progress 
both  in  the  Council  and  the  European  Parliament.  A  large  consensus  has  emerged  in  this 
context as regards the need to streamline the technical rules applying to inland navigation and 
to avoid unnecessary duplications. The idea to incorporate in the future Directive a reference 
to  a  technical  standard  established  under  the  auspices  of  the  CCNR  as  a  means  to  achieve 
these objectives has found a broad acceptance.  

The European Parliament has adopted its position in first reading on 15 April 2014, broadly 
supporting the Commission proposal. 

In the Council, the general approach was reached in the Transport Council of 11 June 2015 
which restructured the text of the Commission proposal to increase clarity. In particular, the 
general  approach  foresees  the  replacement  of  Annex  II  of  the  proposal  containing  the 
technical requirements by a reference to a technical standard developed in the framework of 
CCNR.  

The  inter-institutional  negotiations  are  still  on-going  with  a  view  to  reach  a  first  reading 
agreement.  

In conclusion, the adoption of the standard in the framework of CCNR is relevant also for the 
foreseeable future development of the acquis in this area. 

3. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES  

The technical standard has been the subject of intensive preparation at the level of the EU and 
the  CCNR.  A  large  range  of  public  and  private  sector  experts  has  been  consulted  in  this 
respect.  The  following  technical  meetings  have  been  carried  out  during  the  development  of 
the standard: 

– 

– 

At the level of the Joint (EU-CCNR) Working Group: meetings of 17 to 20 February 
2014, of 3 to 5 June 2014, of 9 to 11 September 2014, of 9 to 11 December 2014, of 
17 to 19 February 2015, of 16 to 18 June 2015 and of 22 and 23 September 2015. 

At the level of the CCNR: meetings of the Inspection regulations Committee (RV) of 
9  April  2014,  15  April  2014  and  22  April  2015,  as  well  as  in  the  meetings  of  the 
preparatory committee (PRE) of 11 June  2014, 8 October 2014, 3  December 2014, 
25 March 2015 and 3 June 2015.  

– 

At the level of the CESNI: the meeting of 28 September 2015. 

Further technical meetings are planned on 21-22 October 2015 and on 6 November 2015.  

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Directive  2006/87/EC  of  the  European  Parliament  and  of  the  Council  of  12 December 2006  laying 
down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC, 
OJ L 389, 30.12.2006, p.1. 
COM(2013)  622  final,  10.9.2013  -  Proposal  for  a  Directive  of  the  European  Parliament  and  of  the 
Council  laying  down  technical  requirements  for  inland  waterway  vessels  and  repealing  Directive 
2006/87/EC of the European Parliament of the Council. 

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These meetings allow to reach an agreement at the level of experts concerning the technical 
requirements for inland waterway vessels. 

4. 

THE NEED FOR A 218(9) TFEU DECISION 

Article 218(9) TFEU establishes that “The Council, on a proposal from the Commission (..), 
shall adopt a decision (…) establishing the positions to be adopted on the Union's behalf in a 
body set up by an agreement, when that body is called upon to adopt acts having legal effects, 
with  the  exception  of  acts  supplementing  or  amending  the  institutional  framework  of  the 
agreement.”. 

Regarding the applicability of Article 218(9) TFEU, the procedure therein must be respected 
once the conditions provided therein are fulfilled. These conditions are: (a) the relevant area 
falls  under  Union  competence,  (b)  the  Union  position  is  expressed  in  a  body  set  up  by  an 
international agreement, when that body is called upon to adopt (c) acts having legal effects. It 
has been clarified by the jurisprudence that Union membership in the relevant body is not a 
pre-requisite for Article 218(9) TFEU to apply. 

It is evident in this case that the technical requirements for inland navigation vessels does not 
only fall into Union competence (safety of navigation) but what is more, the EU has exercised 
its  competence  through  Directive  2006/87/EC  and  the  area  of  technical  requirements  for 
inland navigation vessels is regulated for the most part by common Union rules. 

Both  CESNI  and  CCNR  satisfy  the  second  criterion  in  that  they  are  bodies  set  up  under  an 
international agreement. 

Although the rules adopted by CESNI are not binding per se, it is clear that they will become 
binding  on  CCNR  members  once  the  CCNR  adapt  its  legislative  framework  (Rhine  vessel 
inspection regulations) to refer to  the standard adopted  by CESNI  and making this  standard 
mandatory  in  the  framework  of  the  application  of  the  Revised  Convention  for  Rhine 
Navigation.  The  binding  caracter  of  such  Regulation  among  the  CCNR  Members  is 
established in the Mannheim Convention of 17 October 18684. 

Moreover,  it  is  also  clear  from  ECJ  case  law  that  a  non-binding  act  of  an  international 
organisation  can  be  considered  as  an  "act  having  legal  effects"  for  the  purpose  of  the 
application of Article 218(9)TFEU whenever this act is capable of decisively influencing the 
content of the legislation adopted by the EU legislature. As explained above, the framework 
applicable under the Revised Convention for Rhine Navigation has to be taken into account 
for  any  amendments  to  Directive  2006/87/EC.  Moreover,  it  is  envisaged  that  the  EU 
legislation incorporates the Technical Requirements for Inland Navigation vessels adopted by 
CESNI. 

Therefore  the  Council  has  to  adopt  a  decision  under  Article  218(9)  TFEU  establishing  the 
position  to  be  adopted  on  the  Union's  behalf  first  within  CESNI  prior  to  the  adoption  of  a 
standard on technical requirements for inland navigation vessels and second within the CCNR 
prior to the amendment of the Rhine Vessel Inspection Regulations. 

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Revised Convention for Rhine Navigation of 17 October 1868, as amended on 20 November 1963 

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2015/0255 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, in the European 
Committee for drawing up standards in the field of inland navigation (CESNI) and at 
the plenary session of the Central Commission for the Navigation on the Rhine (CCNR) 
on the adoption of a standard concerning technical requirements for inland waterways 
vessels  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 91 (1) in conjunction with Article 218 (9) thereof,  

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Action by the Union in the sector of inland navigation should aim to ensure uniformity 
in  the  development  of  technical  requirements  for  inland  waterway  vessels  to  be 
applied in the Union. 

The  European  Committee  for  drawing  up  standards  in  the  field  of  inland  navigation 
(CESNI)  has  been  created  on  3  June  2015  in  the  framework  of  the  Central 
Commission  for  the  Navigation  on  the  Rhine  (CCNR)  in  order  to  develop  technical 
standards  for  inland  waterways  in  various  fields,  in  particular  as  regards  vessels, 
information technology and crew. 

CESNI  is  expected  to  adopt  a  standard  concerning  technical  requirements  for  inland 
waterway  vessels  at  its  meeting  of  26  November  2015.  The  plenary  session  of  the 
CCNR will amend its legislative framework (Rhine Vessel Inspection Regulations) to 
refer  to  this  standard  and  making  this  standard  mandatory  in  the  framework  of  the 
application of the Revised Convention for Rhine navigation. 

This  standard  lays  down  the  uniform  technical  requirements  necessary  to  ensure  the 
safety of inland waterway vessels. It includes provisions regarding shipbuilding, fitting 
out and equipment for inland waterway vessels, special provisions regarding specific 
categories of vessels such as passenger vessels, pushed convoys and container vessels, 
provisions  regarding  vessel  identification,  model  of  certificates  and  register, 
transitional  provisions  as  well  as  instructions  for  the  application  of  the  technical 
standard.  Directive  2006/87/EC  of  the  European  Parliament  and  of  the  Council5 
ensures  that  Union  inland  navigation  certificates  are  issued  for  crafts  which  are 
compliant  with  the  technical  requirements  for  inland  waterway  vessels  laid  down  in 
Annex II to this Directive for which equivalency with the technical requirements laid 
down  in  the  application  of  the  Revised  Convention  for  Rhine  Navigation  has  been 
established. Moreover, the Commission has adopted on 10 September 2013 a proposal 

5 

OJ L 389, 30.12.2006, p.1. 

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for a Directive of the European Parliament and of the Council laying down technical 
requirements for inland waterway vessels and repealing Directive 2006/87/EC6, which 
foresees  taking  into  account  the  developments  arising  in  this  field  from  the  work  of 
international  organisations,  in  particular  that  of  the  CCNR  in  the  application  of 
technical requirements for inland waterway vessels.  

(5) 

(6) 

Therefore, the standard concerning technical requirements for inland waterway vessels 
to  be  adopted  under  the  auspices  of  the  CCNR  will  affect  Directive  2006/87/EC,  as 
well as the foreseeable development of the acquis in this area. 

The Union is neither a member of the CCNR nor of CESNI. It is therefore necessary 
for the Council to authorise the Member States to express the position of the Union as 
regards this standard in these bodies. 

HAS ADOPTED THIS DECISION:  

1. 

2. 

1. 

2. 

Article 1 

The  position  to  be  adopted  on  behalf  of  the  Union  at  the  meeting  of  CESNI  of  26 
November  2015  shall  be  to  agree  to  the  adoption  of  the  European  standard  laying 
down technical requirements for inland navigation vessels. 

The  position  to  be  adopted  on  behalf  of  the  Union  at  the  meeting  of  the  plenary 
session  of  the  CCNR  shall  be  to  agree  to  amend  the  Rhine  Vessel  Inspection 
Regulations with a view to referring to the European standard laying down technical 
requirements for inland navigation vessels adopted by CESNI.  

Article 2 

The  position  of  the  Union  as  set  out  in  Article  1  (1)  shall  be  expressed  by  the 
Member  States,  which  are  members  of  CESNI,  acting  jointly  in  the  interest  of  the 
Union. 

The  position  of  the  Union  as  set  out  in  Article  1  (2)  shall  be  expressed  by  the 
Member  States,  which  are  members  of  CCNR,  acting  jointly  in  the  interest  of  the 
Union. 

Minor  changes  to  the  position  set  out  in  Article  1  may  be  agreed  without  requiring  the 
position to be amended. 

Article 3 

This Decision shall enter into force on the day of its adoption. 

Article 4 

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COM (2013) 622 final.  

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Done at Brussels, 

 For the Council 
 The President 

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