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 standards concerning technical requirements for inland waterways vessels and on amending the transitional provisions regarding those vessels
Date: 2017-05-23
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, 23.5.2017  COM(2017) 273 final 2017/0110 (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 standards concerning technical requirements for inland waterways vessels and on amending the transitional provisions regarding those vessels  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  present  proposal  concerns  the  adoption  of  a  Council  Decision  in  application  of  Article 
218(9) of the TFEU concerning the establishment of the Union position at the meeting of the 
European Committee for drawing up Standards in Inland Navigation (CESNI) of 6 July 2017 
in relation to a European standard laying down technical requirements for inland navigation 
vessels  and  at  the  meeting  of  the  plenary  session  of  the  Central  Commission  for  the 
Navigation on the Rhine (CCNR) of 31 May 2017 concerning the adoption of amendments to 
the transitional provisions regarding those vessels. 

The  decision  –  establishment  of  the  Union  position  –  is  required  for  ensuring  that  the  EU 
interests  are  adequately  taken  into  account  in  the  international  instances  when  adopting 
regulation  relating  to  the  establishment  of  technical  standards  for  inland  navigation  vessels. 
These standards are incorporated into EU law in particular under Directive (EU) 2016/1629 of 
the  European  Parliament  and  of  the  Council  of  14  September  2016  laying  down  technical 
requirements  for  inland  waterway  vessels,  amending  Directive  2009/100/EC  and  repealing 
Directive 2006/87/EC, which includes a direct reference to those standards. 

1.1. 

CCNR and CESNI  

The CCNR is an international organisation with regulatory competences for inland navigation 
transport  matters  in  the  Rhine.  4  Member  States  (Belgium,  France,  Germany  and  the 
Netherlands) and Switzerland are parties to the CCNR. 

In 2015, the CCNR approved the creation and functioning of 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 
which 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.  

CESNI  adopts  standards  by  unanimity  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. 

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1.2. 

The  European  standard  laying  down  technical  requirements  for  inland 
navigation vessels  

In  order  to  ensure  consistency  of  two  existing  legal  regimes  for  technical  requirements  for 
inland navigation vessels (Rhine and UE) it is necessary to provide the same standards. Both 
EU law and CCNR Regulation will be referring to standards delivered by CESNI to ES-TRIN 
2017/01 from 7 October 2018 (deadline of transposition of Directive EU 2016/1629 and date 
of applicability of ES-TRIN 2017/01).  

EU  law  and  the  regulatory  regime  of  the  Central  Commission  for  Navigation  in  the  Rhine 
(CCNR) for inland waterway vessels will be fully aligned as of 8 October 2018.  

TRANSITIONAL PROVISIONS 

In order to ensure progressive adaptation of the existing fleet to new technical requirements, 
the  Rhine  Vessel  Inspection  Regulations  (RVIR)  included  transitional  provisions.  The 
transition period can have large variations (from some years to many decades).  

Under the so-called moratorium of 12 June 2014, CCNR, prolonged the period by three years 
until 30 November 2017 for the following eight transitional provisions:  

 

 

 

 

 

 

 

 

Installation and measurement of the breather pipe and connections on the fuel tanks 

Maximum noise level for stationary vessels, maximum permissible sound pressure in 
the  engine  room,  sound  pressure  generated  by  the  vessel  at  the  steering  position, 
noise and vibration in living spaces 

Application of the European Standard to dinghies 

Manufacturer’s plate, safety devices, shipboard documentation for cranes 

Escape routes on passenger vessels not via galleys 

Requirements on the propulsion system of passenger vessels 

Alarm system requirements for alerting passenger vessels’ command and crew 

Requirements for electrical installations. 

The intention of the CCNR was to use this period of three years to find permanent solutions to 
allow operators sufficient time to adopt them.  

It should be noted that the expiry of the current transitional provisions under the RVIR takes 
place on 30 November 2017, eleven months before 7 October 2018 (the applicability of ES-
TRIN in both - Directive 2016/1629 and CCNR framework).  

These  transitional  provisions  are  also  included  in  the  ES-TRIN  2015/1  standard  (to  which 
Directive  (EU)  2016/1629  refers  to).  The  new  ES-TRIN  standard  (2017/1)  foresees  to 
integrate provisions covering, where appropriate, all the transitional arrangements which are 
subject  of  the  moratorium.  For  2  of  these  transitional  provisions,  permanent  solutions  are 
included  in  ES-TRIN  2017/1  (installation  and  measurement  of  the  breather  pipe  and 
connections  on  the  fuel  tanks  and  manufacturer’s  plate,  safety  devices,  shipboard 
documentation for cranes) and for the other 6, ES-TRIN 2017/1 foresees a further extension 
of the applicability of the transitional provisions (until ES-TRIN 2019).  

In order to bridge the gap between the end of the deadline of the moratorium and the date of 
application of the ES-TRIN,2017/1 standard,  it is necessary to extend partly the moratorium 
in  the  RVIR  at  least  until  6  October  2017  (date  by  which  ES-TRIN  2017/1  would  start 
applying).  

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The  intention  of  the  CCNR  is  to  propose  a  change  in  the  RVIR  for  these  transitional 
provisions which are to expire on 30 November 2017.  

The  CCNR  Member  States,  including  four  EU  Member  States,  will  be  asked  to  approve  in 
May  2017,  at  the  occasion  of  the  next  plenary  meeting  of  the  CCNR,  the  extension  these 
transitional provisions. 

ES-TRIN  

The first version of ES-TRIN (ES-TRIN 2015) was finalised by CESNI at its meeting of 28 
September  2015.  It  was  formally  adopted  by  the  CESNI  Plenary  meeting  on  26  November 
2015.  
Council  Decision  (EU)  2015/21761  established  the  position  to  be  adopted  on  behalf  of  the 
Union within the CESNI and at the plenary session of the CCNR on the adoption of ES-TRIN 
2015.  

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.  

ES-TRIN is regularly updated taking account of the work of the CESNI working groups. 

Regular up-date of ES TRIN is necessary to: 

 

 

 

maintain the high level of safety in inland navigation 

follow the technical evolution (ex. Wheelhouse, navigation equipment) 

ensure  compatibility  with  EU  legal  framework  (ex.  Non-Road  Mobile  Machinery 
regulation) 

During 2016, CESNI experts have prepared the standard ES-TRIN 2017/1.  

ES-TRIN  2017/1  incorporates  various  amendments  in  particular  concerning  the  following 
areas: 

 

 

 

 

 

 

 

 

elevating wheelhouse 

updating of the reference to various international standards 

emission of gaseous and particulate pollutants from engines 

electrical equipment and installations 

fire – fighting system 

manufacturer’s plate for cranes 

updating of the provisions on navigation and information equipment 

corrections of the transitional provisions on type approved equipment 

At  its  meeting  of  23  March  2017, CESNI  decided  unanimously  to  schedule the  adoption  of 
the updated version of ES-TRIN (ES-TRIN 2017/1) at the meeting on 6 July 2017. Before this 
meeting in July, it is expected that only formal and minor changes will be made to the draft 
ES-TRIN. The standards will be published by means of a dedicated Website (cesni.eu). 

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OJ L 307, 25.11.2015, p.25 

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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, therefore also of the transitional arrangements provided therein, and 
may affect Directive 2006/87 /EC.  

Moreover, on 16 September 2016, Directive (EU) 2016/1629 was published. 

Member  States  to  whom  the  directive  is  addressed  have  to  adopt  all  necessary  measures  to 
comply with this Directive by 7 October 2018. 

Annex II of the Directive contains the technical requirements applicable to craft. That Annex 
makes reference to ES-TRIN standard 2015/1. Moreover, Article 31 (1) of the Directive states 
that  the  Commission  shall  adopt  delegated  acts  (…)  to  adapt  Annex  II  to  update,  without 
undue delay, the reference to the most recent version of the ES-TRIN standard and to set the 
date of its application. 

As stated above, CESNI, acting under the auspices of the CCNR and open to experts from all 
Member  States,  is  responsible  for  drawing  up  the  technical  standards  in  the  field  of  inland 
navigation to which reference should be made by the Union. 

Recital (21) of the Directive 2016/1629 explains that CESNI has been established to facilitate 
harmonisation  of  technical  standards  applied  in  the  inland  waterway  sector  across  Europe. 
The Directive further recalls that, in order to ensure a high level  of safety and efficiency in 
inland navigation, to maintain the equivalence of the inland navigation certificates and to take 
into  account  scientific  and  technical  progress  and  other  developments  in  the  sector,  the 
reference  to  the  applicable  European  Standard  laying  down  Technical  Requirements  for 
Inland Navigation vessels (ES-TRIN standard) has to be kept up to date.  

3. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES  

The update of the ES-TRIN technical standard has been the subject of intensive preparation at 
the level of the CESNI experts. 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 CESNI: 

 

 

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working  meetings  (23-24.02.2016;  14-15.06.2016;  30-31.08.2016;  29-30.11.2016; 
21-22.02.2017) and  

Committee meeting (23.03.2017). 

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These  meetings  allowed  reaching  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 do not 
only  fall  into  Union  competence  but  what  is  more,  the  EU  has  exercised  its  competence 
through  Directive  2006/87/EC  and  Directive  (EU)  2016/1629  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 modifies 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 18682.  

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  EU  law.  As  explained  above,  the  framework  applicable  under  the  Revised 
Convention  for  Rhine  Navigation  has  to  be  taken  into  account  for  any  amendments  to 
Directive (EU) 2006/87. 

The Technical standards adopted by CESNI are included in Annex II of Directive 2016/1629 
and have to be updated by means of delegated acts. 

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 for the adoption of standards 
on technical requirements for inland navigation vessels and second within the CCNR for the 
amendment of the RVIR as regards the transitional arrangements. 

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

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2017/0110 (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 standards concerning technical requirements for inland waterways 
vessels and on amending the transitional provisions regarding those 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) 

(5) 

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

The  plenary  session  of  the  CCNR  is  expected  to  prolong  the  relevant  transitional 
provisions by 6 October 2018 at its meeting of 31 May 2017. 

The  European  Committee  for  drawing  up  standards  in  the  field  of  inland  navigation 
(CESNI) was 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 6 July 2017.  

Eight  specific  technical  requirements  referred  in  the  Rhine  Vessel  Inspection 
Regulations  (RVIR)  under  the  CCNR  framework  benefit  at  present  from  transitional 
provisions of the RVIR. The application of the transitional provisions of the RVIR has 
been  prolonged  following  a  moratorium.  This  prolongation  is  to  expire  on  30 
November 2017. Directive 2006/87/EC of the European Parliament and of the Council 
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 that Directive for which equivalence with the technical requirements laid 
down  in  the  application  of  the  Revised  Convention  for  Rhine  Navigation  has  been 
established.  Moreover,  these  transitional  arrangements  are  part  of  the  ES-TRIN 
standard  2015/1,  which  applies  in  accordance  with  Annex  II  of  Directive  (EU) 
2016/1629.  

(6) 

In order to ensure continuity between the existing rules and requirements contained in 
the  ES-TRIN  standard  2017/1,  it  is  proposed  to  prolong  the  application  of  the 
transitional provisions of the RVIR included in the moratorium by 6 October 2018.   

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(7) 

(8) 

The standard to be adopted by CESNI 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  the  Automatic  Identification 
System  equipment,  provisions  regarding  vessel  identification,  model  of  certificates 
and  register,  transitional  provisions  as  well  as  instructions  for  the  application  of  the 
technical standard.  
Directive (EU) 2016/1629 of the European Parliament and of the Council3 which will 
repeal  Directive  2006/87/EC  of  the  European  Parliament  and  of  the  Council4  with 
effect from 7 October 2018, in its Annex II directly refers to technical requirements for 
craft  as  being  those  provided  in  ES-TRIN  standard  2015/1.  The  Commission  is 
empowered to update this reference in Annex II, to the most recent version of the ES-
TRIN standard and to set the date of its application. 

(9) 

Therefore, the standard concerning technical requirements for inland waterway vessels 
to be adopted in CESNI will affect Directive (EU) 2016/1629. 

(10)  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  the  adoption  of  the  standard  concerning  technical  requirements  for  inland 
waterways vessels and the transitional provisions regarding those vessels. 

HAS ADOPTED THIS DECISION:  

Article 1 

1. 

The  position  to  be  adopted  on  behalf  of  the  European  Union  at  the  meeting  of  the 
plenary session of the Central Commission for the Navigation on the Rhine (CCNR) 
on 31 May 2017 shall be to agree to extend the moratorium of transitional provisions 
for the following 8 technical requirements at least until 6 October 2018: 

(a) 

Installation and measurement of the breather pipe and connections on the fuel 
tanks; 

(b)  Maximum  noise  level  for  stationary  vessels,  maximum  permissible  sound 
pressure  in  the  engine  room,  sound  pressure  generated  by  the  vessel  at  the 
steering position, noise and vibration in living spaces; 

(c)  Application of the European Standard to dinghies; 

(d)  Manufacturer’s plate, safety devices, shipboard documentation for cranes; 

(e)  Escape routes on passenger vessels not via galleys; 

(f)  Requirements on the propulsion system of passenger vessels; 

(g)  Alarm system requirements for alerting passenger vessels’ command and crew; 

(h)  Requirements for electrical installations. 

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Directive (EU) 2016/1629 of the European Parliament and of the Council of 14 September 2016 laying 
down  technical  requirements  for  inland  waterway  vessels,  amending  Directive  2009/100/EC  and  repealing 
Directive 2006/87/EC (OJ L 252, 16.9.2016, p. 118). 
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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). 

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2. 

1. 

2. 

The  position  to  be  adopted  on  behalf  of  the  European  Union  at  the  meeting  of  the 
European  Committee  for  drawing  up  standards  in  the  field  of  inland  navigation 
(CESNI) of 6 July 2017 shall be to agree to the adoption of the European Standard 
laying  down  Technical  Requirements  for  Inland  Navigation  vessels  ('ES-TRIN 
standard') 2017/1. 

Article 2 

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

Minor  changes  to  the  positions  set  out  in  Article  1  may  be  agreed  upon  without  further 
decision of the Council. 

Article 3 

This Decision is addressed to the Member States. 

Done at Brussels, 

Article 4 

For the Council 
The President 

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