Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the European Committee for drawing up Standards in the field of Inland Navigation and in the Central Commission for the Navigation on the Rhine on the adoption of standards concerning professional qualifications in inland navigation
Date: 2018-09-17
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Central Commission for Navigation on the Rhine, European standard, crew, inland waterway shipping, professional qualifications, ship's passport, technical specification, transport safety

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   EUROPEAN COMMISSION  Brussels, 17.9.2018 COM(2018) 642 final 2018/0333 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the European Committee for drawing up Standards in the field of Inland Navigation and in the Central Commission for the Navigation on the Rhine on the adoption of standards concerning professional qualifications in inland navigation  
 
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
at  the  meeting  of  the  European  Committee  for  drawing  up  Standards  in  Inland  Navigation 
(CESNI)  of  8  November  2018  and  at  a  meeting  of  the  plenary  session  of  the  Central 
Commission  for  the  Navigation  on  the  Rhine  (CCNR)  in  connection  with  the  envisaged 
adoption of the European standards for professional qualifications in inland navigation.  

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The revised Convention for Navigation on the Rhine  

The  revised  Convention  for  Navigation  on  the  Rhine  of  17  October  1868  defines  the  legal 
framework  governing  the  use  of  the  Rhine  as  an  inland  waterway  for  navigation  and  lays 
down  the  attributions  of  the  Central  Commission  for  the  Navigation  on  the  Rhine  (CCNR). 
The version of the Convention that is currently applicable was the outcome of the Convention 
of 20 November 1963, which entered into force on 14 April 1967.   

Four  Member  States  (Belgium,  France,  Germany  and  the  Netherlands)  and  Switzerland  are 
today parties to the revised Convention for Navigation on the Rhine. 

2.2. 

CCNR and CESNI 

The CCNR is an international organisation whose mission is to implement initiatives intended 
to  guarantee  freedom  of  navigation  on  the  Rhine  and  to  promote  navigation  on  the  Rhine.  
Plenary  meetings  are  held  twice  a  year.  They  are  attended  by  representatives  of  the  CCNR 
Member  States.  The  plenary  meeting  is  the  CCNR’s  decision-making  body.  It  adopts  the 
Central  Commission’s  resolutions.  Each  State  has  one  vote,  and  decisions  are  reached 
unanimously. These resolutions are legally binding. The EU is not a member of the CCNR. 

In  2015,  the  CCNR  adopted  a  resolution  creating  a  European  committee  for  drawing  up 
common standards in the field of inland navigation (Comité Européen pour l’Élaboration de 
Standards  dans  le  Domaine  de  Navigation  Intérieure  –  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  member  of 
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.  

2.3. 

The envisaged act of the CESNI and CCNR 

At its meeting of 8 November 2018, the CESNI is to adopt standards regarding professional 
qualifications in inland navigation (‘the envisaged act’). 

These  first  CESNI  standards  for  professional  qualifications  in  inland  navigation  include  the 
following standards: 

 

Standards for competences (cesni(18)_30, cesni(18)_31, cesni(18)_32, cesni(18)_33, 
cesni(18)_34, cesni(18)_35) 

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 

 

 

Standards  for  practical  examinations  (cesni(18)_36,  cesni(18)_37,  cesni(18)_38, 
cesni(18)_39, cesni(18)_40) 

Standards for medical fitness (cesni(18)_29) 

Standards for the approval of simulators (cesni(18)_41, cesni(18)_42) 

At its meeting of 10 April 2018, CESNI decided unanimously to schedule the adoption of the 
first  CESNI  standards  for  professional  qualifications  at  the  meeting  on  8  November  2018. 
Before this meeting in November 2018, it is expected that only formal and minor changes will 
be  made  to  the  draft  standards,  including  the  possible  consolidation  of  documents  and  their 
references. The standards will be published by means of a dedicated Website (cesni.eu). All 
EU Member States have (protected) access to the above-mentioned draft standards. 

The CESNI standards are to be incorporated into EU law in accordance with Directive (EU) 
2017/2397  of  the  European  Parliament  and  of  the  Council  of  12  December  2017  on  the 
recognition  of  professional  qualifications  in  inland  navigation,  and  repealing  Council 
Directives 91/672/EEC and 96/50/EC1. 

The Regulations for Rhine Navigation Personal will also refer to the standards delivered by 
CESNI from 17 January 2022 (deadline of transposition of Directive (EU) 2017/2397) as the 
regulatory  regime  of  the  CCNR  for  professional  qualifications  covered  by  Directive  (EU) 
2017/2397 needs to be fully aligned as of 17 January 2022 in order to ensure recognition of 
Rhine certificates on all EU inland waterways.  

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The decision – establishment of the Union position  – is required to ensure that EU interests 
are  adequately  taken  into  account  when  adopting  decisions  concerning  the  establishment  of 
the standards for the professional qualifications in inland navigation.  

Under CESNI work programme 2016-2018, CESNI experts (CESNI/QP working group) have 
prepared the standards for professional qualifications. The work has started on the basis of the 
Commission proposal of 18 February 20162 and has been finalised on the basis of Directive 
(EU) 2017/2397. 

The  preparation  of  the  standards  for  professional  qualifications  has  been  the  subject  of 
intensive preparation at the level of the CESNI experts (CESNI/QP working group). 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: 

 

 

(26-28.01.2016;  22-24.06.2016;  5-9.09.2016;  16-
CESNI  expert  meetings 
17.11.2016;  31.01-02.02.2017;  10-12.05.2017;  12-13.06.2017;  06.07.2017;  05-
07.09.2017; 12-13.09.2017; 15-16.11.2017; 30.01-01.02.2018. )  

Committee meeting (10.04.2018). 

These  meetings  allowed  an  agreement  to  be  reached  at  the  level  of  experts  concerning 
European standards for professional qualifications in inland navigation. 

1 
Directive (EU) 2017/2397 of the European Parliament and of the Council of 12 December 2017 on the 
recognition of professional qualifications in inland navigation, and repealing Council Directives 91/672/EEC and 
96/50/EC (OJ L 345, 27.12.2017, p.53). 
2 
COM(2016) 82 final. 

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The Commission Expert Group on social issues in inland navigation has been kept informed 
on the progress of the work of CESNI in its meetings of 7 September 2017 and 1 February 
2018.  

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions 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.’ 

Article 218(9) TFEU applies regardless of whether the Union is a member of the body or a 
party to the agreement3. 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’4. 

4.1.2.  Application to the present case 

The CCNR is a body set up by an agreement, namely the revised Convention for Navigation 
on the Rhine.  The CESNI is a body created by the CCNR. 

The acts which the CESNI and CCNR are called upon to  adopt constitute acts having  legal 
effects. The envisaged acts are capable of decisively influencing the content of EU legislation, 
namely:  Directive  (EU)  2017/2397  of  the  European  Parliament  and  of  the  Council  of  12 
December  2017  on  the  recognition  of  professional  qualifications  in  inland  navigation,  and 
repealing Council Directives 91/672/EEC and 96/50/EC.  

This is because the Commission shall adopt delegated acts referred to in Article 17(1) and (4) 
(referring to standards for competence and standards for the practical examinations), Article 
21(2)  (referring  to  standards  for  the  approval  of  simulators)  and  Article  23(6)  (referring  to 
standards for medical fitness) by 17 January 2020.   

Recital (40) of the Directive (EU) 2017/2397 explains that the harmonisation of legislation in 
the  field  of  professional  qualifications  in  inland  navigation  in  Europe  is  facilitated  by  the 
development of CESNI standards.  In this context, Article 32 of the Directive states that these 
delegated acts shall make reference to standards established by CESNI, provided that: 

(a) 

those standards are available and up-to-date; 

those standards comply with any applicable requirements set out in the Annexes of the 

(b) 
Directive; 

Union  interests  are  not  compromised  by  changes  in  the  decision-making  process  of 

(c) 
CESNI. 

The  Commission  shall  include  the  entire  text  of  those  standards  in  the  delegated  acts,  and 
shall make the relevant reference. 

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Judgment  of 
ECLI:EU:C:2014:2258, paragraph 64.  
Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

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Annex  II  of  the  Directive  sets  the  essential  competence  requirements  and  Annex  III  the 
essential requirements regarding medical fitness. 

The  envisaged  acts  do  not  supplement  or  amend  the  institutional  framework  of  the 
Agreement. 

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union's  behalf.  If  the envisaged act  pursues  two  aims  or  has  two  components  and  if  one  of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

4.2.2.  Application to the present case 

The main objective and content of the envisaged acts relate to common transport policy. 

Therefore, the substantive legal basis of the proposed decision is Article 91(1). 

4.3. 

Conclusion 

The legal basis of the proposed decision should be Article 91(1), in conjunction with Article 
218(9) TFEU. 

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2018/0333 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the European Committee 
for drawing up Standards in the field of Inland Navigation and in the Central 
Commission for the Navigation on the Rhine on the adoption of standards concerning 
professional qualifications in inland navigation 

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) 

(6) 

The  revised  Convention  for  Navigation  on  the  Rhine  (‘the  Agreement’)  entered  into 
force on 14 April 1967.  

Pursuant to Article 46 of the Agreement, the Central Commission for the Navigation 
on the Rhine ('CCNR') may adopt resolutions, which are bindings for its members. 

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  CCNR  in  order  to 
develop  technical  standards  for  inland  waterways  in  various  fields,  in  particular  as 
regards vessels, information technology and crew. 

The  CESNI,  during  its  meeting  on  8  November  2018,  is  to  adopt  standards  on 
professional  qualifications  in  inland  navigation.  A  plenary  session  of  the  CCNR 
should  also  adopt  the  resolution  that  will  incorporate  these  standards  into  the 
Regulations for Rhine Navigation Personnel. 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union's  behalf  in  the 
CESNI and the CCNR, as the standards on professional qualifications will decisively 
influence the content of Union law, namely Directive (EU) 2017/2397 of the European 
Parliament  and  of  the  Council5,  and  will  have  legal  effect  by  virtue  of  the  rules 
governing the CCNR when it will adopt these standards. 

To facilitate mobility, to ensure the safety of navigation and to ensure the protection of 
human  life  and  the  environment,  it  is  important  that  the  technical  requirements  for 
crew members are as harmonised as possible under different legal regimes in Europe. 
In  particular,  Member  States  which  are  also  members  of  the  CCNR,  should  be 
authorised to support decisions harmonising the CCNR rules with those applied in the 
Union. 

(7) 

The  standards  developed  by  CESNI  for  professional  qualifications  provide  for  the 
minimum  harmonised  European  standards  necessary  to  facilitate  mobility,  to  ensure 

5 
Directive (EU) 2017/2397 of the European Parliament and of the Council of 12 December 2017 on the 
recognition of professional qualifications in inland navigation, and repealing Council Directives 91/672/EEC and 
96/50/EC (OJ L 345, 27.12.2017, p. 53). 

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the  safety  of  navigation  and  to  ensure  the  protection  of  human  life  and  the 
environment.  These  standards  include  standards  for  competences,  standards  for  the 
practical examinations, standards for medical fitness and standards for the approval of 
simulators. 

(8) 

Article  32  of  Directive  (EU)  2017/2397  with  effect  from  18  January  2022,  refers 
directly to standards for professional qualifications as being those provided by CESNI. 
The  Commission  is  empowered  to  include  the  entire  text  of  those  standards  in 
delegated acts, make or update relevant references and set the date of application. 

(9) 

The  Union's  position  is  to  be  expressed  by  the  Member  States  of  the  Union  that  are 
members of the CESNI and CCNR, acting jointly,  

HAS ADOPTED THIS DECISION: 

1. 

2. 

1. 

2. 

1. 

Article 1 

The position to be taken on behalf of the Union within the European Committee for 
drawing  up  Standards  in  the  field  of  Inland  Navigation  (CESNI)  on  8  November 
2018  shall  be  to  agree  to  the  adoption  of  the  European  Standards  for  professional 
qualifications in inland navigation with references (cesni (18)_29 to cesni (18)_42).  

The position to be taken on behalf of the Union at the meeting of the plenary session 
of  the  Central  Commission  for  the  Navigation  of  the  Rhine  (CCNR),  where  the 
European  Standards  for  professional  qualifications  in  inland  navigation  with 
references (cesni (18)_29 to cesni (18)_42)  are decided upon, shall be to support all 
proposals  aligning  the  requirements  of  the  Regulations  for  the  Rhine  Navigation 
Personnel  with  those  of  the  European  Standards  for  professional  qualifications  in 
inland navigation.  

Article 2 

The position referred to in Article 1(1) shall be expressed by the Member States of 
the Union that are members of the CESNI acting jointly. 

The position referred to in Article 1(2) shall be expressed by the Member States of 
the Union that are members of the CCNR, acting jointly. 

Minor  technical  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. 

Article 4 

Done at Brussels, 

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For the Council 
The President 

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