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: 2020-09-30
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, 30.9.2020 COM(2020) 632 final 2020/0283 (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  13  October  2020  and  at  a  meeting  of  the  plenary  session  of  the  Central 
Commission for the Navigation on the Rhine (CCNR) of 3 December 2020 in connection with 
the  envisaged  adoption  of  the  European  standards  laying  down  Technical  Requirements  for 
Inland  Navigation  vessels  (ES-TRIN  standard  2021/1)  together  with  and  refers  to  the 
complementary Test Standard Inland AIS 2021/3.0. 

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

CCNR and CESNI 

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

The  revised  Convention  for  Navigation  on  the  Rhine,  signed  on  17  October  1868  in 
Mannheim defines the legal framework governing the use of the Rhine as an inland waterway 
for  navigation  and  lays  down  the  attributions  of  the  CCNR.  The  revised  Convention  for 
Navigation on the Rhine of 17 October 1868, also called “Mannheim Act” defines the legal 
framework  governing  the  use  of  the  Rhine  as  an  inland  waterway  for  navigation  and  lays 
down the attributions of the CCNR. The version of the Convention that is currently applicable 
was  the  outcome  of  a  Convention  amending  the  Revised  Convention  for  Navigation  on  the 
Rhine,  adopted  on  20  November  1963  which  entered  into  force  of  14  April  1967.  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.  

2.2. 

The envisaged acts of the CESNI and CCNR 

At its meeting of 13 October 2020, the CESNI is to adopt a new edition of the standard laying 
down Technical Requirements for Inland Navigation vessels (ES-TRIN standard 2021/1). 

The  first  version  of  ES-TRIN  (ES-TRIN  standard  2015/1)  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 following amendment of ES-TRIN standard was adopted by CESNI: 

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1. 

2. 

ES-TRIN standard 2017/1 on 6 July 2017 

ES-TRIN standard 2019/1 on 8 November 2018 

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 2019 and 2020, CESNI experts have prepared the new edition of standard ES-TRIN 
2021/1.  

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. 

ES-TRIN  2021/1  incorporates  various  amendments  in  particular  concerning  the  following 
areas: 

- 

Safety clearance, freeboard and draught marks (Chapter 4); 

Reduction in the two sound level thresholds for a vessel both underway and stationary 

- 
(Article 8.10); 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

Portable fire extinguishers (Article 13.03(2) to (4)); 

Lithium-ion accumulators (Article 10.11); 

Provision and use of individual acoustic protection equipment (Article 14.09(3)); 

Doors in accommodation (Article 15.02(11)); 

Electrical service room in passenger vessels (Article 19.07); 

Recreational craft equipment (Article 26.01(1)(h)); 

Transitional provisions on: 

• 

• 

fixed fire-extinguishing systems;  

passenger vessel propulsion systems; 

European  and  international  standards  for  vessels  that  are  operated  only  on 

• 
waterways outside the Rhine; 

Liquefied natural gas (LNG) bunkering (Annex 8 (2.8); 

Clarifications regarding the validity of the Union certificate on the Rhine (ESI-1-1); 

Recognition of a special anchor with reduced mass (ESI-II-9); 

Updating of the cross-references to European and international standards; 

Numerous editorial corrections in the various language versions. 

ES-TRIN standard 2021/1 will be updated together with and refers to the complementary Test 
Standard  Inland  AIS  2021/3.0.  Test  Standard  Inland  AIS  2021/3.0  has  been  prepared  by 
CESNI experts during 2019 and 2020. This standard defines the operational and performance 
requirements, methods of test and required test results for Inland AIS Shipborne Equipment. 
The revised Test Standard Inland AIS 2021/3.0 reflects technical developments, as well as the 
new  normative  framework  (Commission  Implementing  Regulation  (EU)  2019/838  of  20 
February  20191,  ITU R  Recommendation  M.1371-52  and  edition  2018  of  International 
Standard IEC 61993-23).  

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Commission Implementing Regulation (EU) 2019/838 of 20 February 2019 on technical specifications 
for  vessel  tracking  and  tracing  systems  and  repealing  Regulation  (EC)  No  415/2007  (OJ  L  138, 
24.5.2019, p. 31). 

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At  its  meeting  of  30  April  2020,  CESNI  decided  to  schedule  the  adoption  of  the  ES-TRIN 
standard 2021/1 and the complementary Test Standard Inland AIS 2021/3.0 at the meeting on 
13 October 2020. Before this meeting on 13 October 2020, it is expected that only formal and 
minor changes will be made to the draft standard. ES-TRIN standard 2021/1 will be published 
by means of a dedicated Website (cesni.eu). All EU Member States have (protected) access to 
the above-mentioned draft standards. 

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/EC4,  ES-TRIN  standard 
2021/1 will be incorporated into EU law.  

References  to  the  standards  adopted  by  CESNI  are  included  in  Annex  II  of  Directive  (EU) 
2016/1629. Pursuant to Article 31(1) of that Directive the Commission is empowered to 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. 

The  CCNR  will  adopt  a  resolution  amending  the  CCNR  Regulations  in  order  to  include  a 
reference  to  ES-TRIN  standard  2021/1  and  the  complementary  Test  Standard  Inland AIS 
2021/3.0. 

In  order  to  ensure  consistency  of  two  existing  legal  regimes  for  technical  requirements  for 
inland navigation vessels (Rhine and EU), it is necessary to provide for the same standards. 
Both  EU law and CCNR Regulations will be referring to  ES-TRIN standard 2021/1  from  1 
January 2022. 

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.  

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  (27-28.06.2018;  26-27.09.2018;  20-21.11.2018;  5-6.03.2019;  25-
26-27.06.2019; 24-25.09.2019; 19-20.11.2019; 25-26.02.2020) and  

Committee meeting (30.04.2020). 

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

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Recommendation  ITU-R  M.1371-5  Technical  characteristics  for  an  automatic  identification  system 
using time division multiple access in the VHF maritime mobile frequency band.  
International Standard IEC 61993-2:2018 Maritime navigation and radiocommunication equipment and 
systems  -  Automatic  identification  systems  (AIS)  -  Part  2:  Class  A  shipborne  equipment  of  the 
automatic identification system (AIS) - Operational and performance requirements, methods of test and 
required test results. 
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 proposed position of the Union is to adopt ES-TRIN standard 2021/1 as they maintain the 
highest level of safety in inland navigation, follow the technical evolution in this sector and 
ensure compatibility of requirements for vessels in Europe. 

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 agreement5. 

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’6. 

4.1.2.  Application to the present case 

Both CESNI and the CCNR are bodies set up under an international agreement. 

Although  the  rules  adopted  by  CESNI  are  not  binding  per  se,  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  character  of  such  Regulation  among  the  CCNR  Members  is  established  in  the 
Mannheim Convention of 17 October 18687.  

Moreover,  ES-TRIN  standard  2021/1  and  the  complementary  Test  Standard  Inland  AIS 
2021/3.0  are  acts  having  legal  effects  for  the  purpose  of  the  application  of  Article 
218(9)TFEU since they are capable of decisively influencing the content of EU law. Indeed, 
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. 

In  line  with  Article  22  of  the  Manheim  Convention,  the  CCNR  has  the  power  to  set  up 
binding technical requirements for inland waterway vessels. 

The  Resolution  to  be  adopted  by  the  CCNR  which  will  amend  the  CCNR  Regulations  to 
include  a  reference  to  the  ES-TRIN  standard  2021/1  and  the  complementary  Test  Standard 
Inland AIS 2021/3.0 will be a legally binding act with regard to the Parties of the CCNR. 

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

Judgment  of 
ECLI:EU:C:2014:2258, paragraph 64.  
Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  
Revised Convention for Rhine Navigation of 17 October 1868, as amended on 20 November 1963. 

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

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Therefore, it is necessary to establish the position to be adopted on the Union's behalf within 
CESNI  and  CCNR  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) TFEU. 

4.3. 

Conclusion 

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

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2020/0283 (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) 

(7) 

The revised Convention for Navigation on the Rhine of 17 October 1868, amended by 
the  Convention  amending  the  Revised  Convention  for  Navigation  on  the  Rhine, 
adopted on 20 November 1963 entered into force of 14 April 1967. 

Pursuant to Article 22 of the Convention, the Central Commission for the Navigation 
on the Rhine (CCNR) may adopt technical requirements for inland waterway vessels.  

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 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 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’)  2021/1  and  the 
complementary Test Standard Inland AIS 2021/3.0 at its meeting on 13 October 2020. 

ES-TRIN  standard  2021/1  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. Test standard Inland AIS 2021/3.0 defines the operational and performance 

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(8) 

(9) 

requirements,  methods  of  test  and  required  test  results  for  Inland  AIS  Shipborne 
Equipment. 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union's  behalf  in  the 
European  Committee  for  drawing  up  standards  in  the  field  of  inland  navigation 
('CESNI'), as the ES-TRIN standard 2021/1 will be capable of decisively influencing 
the  content  of  Union  law,  namely  Directive  (EU)  2016/1629  of  the  European 
Parliament and of the Council. 

Annex II to Directive (EU) 2016/1629 of the European Parliament and of the Council 
refers  to  the  technical  requirements  for  craft  as  being  those  provided  in  ES-TRIN 
standard 2019/1. 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.  Therefore,  ES-TRIN  standard  2021/1  will  affect  Directive  (EU) 
2016/1629. 

(10)  CCNR is expected to adopt a resolution which will amend the CNNR Regulations in 
order to include a reference to ES-TRIN standard 2021/1 and the complementary Test 
Standard Inland AIS 2021/3.0 at its meeting on 3 December 2020. Therefore, it is also 
appropriate to establish the position to be taken on the Union's behalf in the CCNR. 

(11)  The Union is not a member of the CCNR nor of CESNI. The Union's position is to be 
expressed by the Member States of the Union that are members of those bodies, acting 
jointly. 

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 13 October 2020 
shall  be  to  agree  to  the  adoption  of  the  European  Standard  laying  down  Technical 
Requirements  for  Inland  Navigation  vessels  ('ES-TRIN  standard')  2021/1  and  the 
complementary Test Standard Inland AIS 2021/3.0. 

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 
2021/1 and the complementary Test Standard Inland AIS 2021/3.0. 

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 

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This Decision is addressed to the Member States. 

Article 4 

Done at Brussels, 

For the Council 
The President 

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