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 technical requirements for inland waterways vessels
Date: 2018-10-17
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Central Commission for Navigation on the Rhine, European standard, inland waterway shipping, maritime safety, safety standard, technical specification, technical standard, vessel

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   EUROPEAN COMMISSION  Brussels, 17.10.2018 COM(2018) 707 final 2018/0363 (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 technical requirements for inland waterways vessels  
 
 
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  laying  down  Technical  Requirements  for  Inland 
Navigation vessels (ES-TRIN standard 2019/1). 

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 that 
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 laying down 
Technical Requirements for Inland Navigation vessels (ES-TRIN standard 2019). 

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. The first amendment ES-TRIN standard 2017 was adopted by CESNI Plenary meeting 
on 6 July 2017. 

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ES-TRIN is regularly updated taking account of the work of the CESNI working groups. 
Regular up-date of ES TRIN is necessary to: 
 
 
 
During 2017 and 2018, CESNI experts have prepared the amended standard ES-TRIN 2019/1.  
ES-TRIN  2019/1  incorporates  various  amendments  in  particular  concerning  the  following 
areas: 

maintain the high level of safety in inland navigation 
follow the technical evolution (ex. fire-fighting systems, navigation equipment) 
ensure compatibility with EU legal framework. 

- automated external defibrillators;  

- fire-fighting systems - K2CO3;  

- special provisions for electrical propulsion systems (Chapter 11);  

- transitional provisions for:  

• maximum noise level,   

• engines,   

• electrical equipment and installations,   

• ship’s boats,   

• escape routes on passenger vessels,  

• propulsion system of passenger vessels and   

• safety equipment aft of the aft-peak bulkhead. 

At  its  meeting  of  10  April  2018,  CESNI  decided  to  schedule  the  adoption  of  the  ES-TRIN 
standard 2019 at the meeting on 8 November 2018. Before this meeting on 8 November 2018, 
it is expected that only formal and minor changes will be made to the draft standard. ES-TRIN 
standard  2019/1  will  be  published  by  means  of  a  dedicated  Website  (cesni.eu).  All  EU 
Member States have (protected) access to the above-mentioned draft standards. 

ES-TRIN  standard  2019/1  will  be  incorporated  into  EU  law  in  accordance  with  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/EC1. 

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. 

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 ES-TRIN 2019/1 from 1 January 2020. 

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 inland navigation vessels.  

1 

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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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: 

 

 

working  meetings  (21-22.02.2017;  28-29.06.2017;  27-28.09.2017;  28-30.11.2017; 
20-22.02.2018) and  

Committee meeting (10.04.2018). 

These  meetings  allowed  reaching  an  agreement  at  the  level  of  experts  concerning  the 
technical requirements for inland waterway vessels. 

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 agreement2. 

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’3. 

4.1.2.  Application to the present case 

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  (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 

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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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Navigation.  The  binding  character  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  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) 2016/1629. 

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 within CESNI for the adoption of standards on 
technical requirements for inland navigation vessels. 

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

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2018/0363 (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 
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) 

(5) 

(6) 

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  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. 

For  efficient  transport  on  the  inland  waterways,  it  is  important  that  the  technical 
requirements for vessels are compatible and 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. 

CESNI  is  expected  to  adopt  the  European  Standard  laying  down  Technical 
requirements  for  Inland  Navigations  vessels  (‘ES-TRIN’  standard’)  2019/1  at  its 
meeting on 8 November 2018. 

ES-TRIN  standard  2019/1  lays  down  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,  a  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  Council5  in  its 
Annex II directly refers to the technical requirements for craft as being those provided 

5 
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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in ES-TRIN standard 2017/16. 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. 

(7) 

(8) 

Therefore, ES-TRIN standard 2019/1 will affect Directive (EU) 2016/1629. 

The Union is a member neither of the CCNR nor of CESNI. It is therefore necessary 
for  the  Council  to  authorise  the  Member  States  to  express  within  those  bodies  the 
position of the Union as regards the adoption of ES-TRIN standard 2019/1. 

HAS ADOPTED THIS DECISION: 

1. 

2. 

1. 

2. 

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  Standard  laying  down 
Technical Requirements for Inland Navigation vessels ('ES-TRIN standard') 2019/1. 

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 technical 
requirements  for  inland  navigation  vessels  are  decided  upon  shall  be  to  support  all 
proposals  aligning  the  technical  requirements  with  those  of  ES-TRIN  standard 
2019/1. 

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, 

For the Council 
The President 

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As amended by Commission Delegated Directive (EU) 2018/970 of 18 April 2018 amending Annexes 
II, III and V to Directive (EU) 2016/1629 of the European Parliament and of the Council laying down 
technical requirements for inland waterway vessels (OJ L 174, 10.7.2018, p. 15) 

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