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: 2021-02-03
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Central Commission for Navigation on the Rhine, European standard, continuing vocational training, crew, inland waterway shipping, maritime safety, professional qualifications, recognition of vocational training qualifications, safety standard, vessel

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   EUROPEAN COMMISSION  Brussels, 3.2.2021  COM(2021) 41 final 2021/0024 (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 a decision establishing the position to be taken on the Union's behalf 
at  the  next  meeting  of  the  European  Committee  for  drawing  up  Standards  in  Inland 
Navigation  (CESNI)  and  at  the  next  plenary  session  of  the  Central  Commission  for  the 
Navigation on the Rhine (CCNR) in connection with the envisaged adoption of the standard 
for  basic  safety  training  for  deckhands  and  the  standard  for  standardised  communication 
phrases in four languages. 

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  EU  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 powers 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  and  adopts  and  amends  the  Central  Commission’s 
technical  regulations.  Each  CCNR  Member  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  CCNR  Member  States  and  EU  Member  States 
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 act of the CESNI and CCNR 

At  its  next  plenary  meeting,  the  CESNI  is  to  adopt  a  standard  for  basic  safety  training  for 
deckhands (ref. cesni 20_04) and a standard for standardised communication phrases in four 
languages (ref. cesni 20_39). 

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 

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Council  Directives  91/672/EEC  and  96/50/EC1  introduces  harmonised  rules  in  the  field  of 
professional qualifications in inland navigation in Europe and establishes certain standards in 
the field of professional qualifications. The above-mentioned two standards are not required 
by  the  Directive  but  have  been  developed  by  CESNI  to  facilitate  the  implementation  of  the 
requirements falling within the scope of the Directive and to encourage harmonisation. 

In  accordance  with  Annex  I  of  Directive  (EU)  2017/2397,  it  is  necessary  to  complete  basic 
safety training according to national requirements to obtain the certificate of qualification as a 
deckhand. The CESNI standard for basic safety training for deckhands defines requirements 
that  CESNI  Member  States  could  follow  as  their  national  requirements  to  ensure  the  same 
level of service quality. 

In  accordance with  Annex  II of  Directive  (EU)  2017/2397,  it is  required from  boatmen and 
boatmasters to have the ability to use standardised communication phrases in situations with 
communication  problems.    The  CESNI  standard  for  standardised  communication  phrases  in 
four languages sets up in details such a system of communication. 

CESNI experts have prepared these two standards in 2019 and 2020 and  CESNI Committee 
decided at its meeting of 30 April 2020 to schedule their adoption at the next meeting.  

CESNI  experts  (CESNI/QP  working  group)  have  prepared  the  standard  for  basic  safety 
training  for  deckhands  and  for  standardized  communication  phrases  under  CESNI  work 
programmes 2016-2018 and 2019-2021. The following technical meetings have addressed this 
topic and allowed reaching an agreement at the level of the CESNI: 

 

 

working  meetings  (24.05.2018;  6-7.10.2018;  08.05.2019;  11.09.2019;  06.11.2019; 
06.02.2020; 22.04.2020) and  

Committee meeting (30.04.2020). 

All  EU  Member  States  have  (protected)  access  to  the  above-mentioned  draft  standards  by 
means of a dedicated Website (cesni.eu). 

ES-QIN  standards  (European  Standards  for  Qualifications  in  Inland  Navigation)  will  be 
updated to incorporate these two new standards. 

The CCNR will adopt a resolution in order to include the reference to the most recent version 
of ES-QIN standards, including these two standards, in the Regulation for Rhine Navigation 
Personnel. 

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  basic  safety  training  for  deckhands  and  for  standardized  communication 
phrases in four languages.  The subject falls within EU competence since these standards are 
aimed at facilitating the implementation of Directive (EU) 2017/2397. 

The  proposed  position  of  the  Union  is  to  support  the  adoption  of  the  two  standards  as  they 
will contribute to maintaining the highest level of safety in inland navigation and encourage 
harmonisation.  

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). 

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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 

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  (Regulations  for  Rhine 
Navigation Personnel) to refer to the standards adopted by CESNI and making these standards 
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 18684.  

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  professional  qualifications  in  inland 
navigation. 

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. 

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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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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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2021/0024 (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) 

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 17 of the Convention, the Central Commission for the Navigation 
on  the  Rhine  (CCNR)  may  adopt  requirements  in  the  field  of  professional 
qualifications.  

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  is  expected  to  adopt  in  its  next  meeting  in  April  2021  the  standard  for 
basic  safety  training  for  deckhands  laying  down  training  requirements  that  Member 
States  could  follow  as  their  national  requirements  and  the  standard  for  standardised 
communication phrases  in four languages  for boatmen and boatmasters  to be able to 
cope with situations with communication problems. Both standards aim at facilitating 
the  implementation  of  the  requirements  falling  within  the  scope  of  Directive  (EU) 
2017/2397 of the European Parliament and of the Council1.  

In  addition,  it  is  envisaged  that  at  its  next  plenary  session,  the  CCNR  will    adopt  a 
resolution that will amend the Regulation for Rhine Navigation Personnel in order to 
include  a  reference  to  ES-QIN  standards  (European  Standards  for  Qualifications  in 
Inland  Navigation)  including  the    CESNI  standard  for  basic  safety  training  for 
deckhands and the CESNI standard for standardised communication phrases.  

(6) 

The  CESNI  standards  for  basic  safety  training  for  deckhands  and  the  standard  for 
communication phrases should contribute to maintaining the highest level of safety in 

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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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inland navigation and would encourage harmonisation in the context of Directive (EU) 
2017/2397.  

(7) 

(8) 

It is appropriate to establish the position to be taken on the Union's  behalf in CESNI 
and in the CCNR. 

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 at the meeting of the plenary session 
of  the  European  Committee  for  drawing  up  Standards  in  the  field  of  Inland 
Navigation (CESNI) where the European Standards for professional qualifications in 
inland navigation with references cesni (20)_04 and cesni (20)_39 are decided upon, 
shall be to agree to their adoption. 

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 
CCNR  will  adopt  a  resolution  amending  the  Regulation  for  Rhine  Navigation 
Personnel in order to include a reference to the European Standards for professional 
qualifications in inland navigation, as well as  references to cesni (20)_04 and cesni 
(20)_39,  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, 

For the Council 
The President 

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