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 of the Rhine on the adoption of standards concerning harmonised river information services
Date: 2021-03-11
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Central Commission for Navigation on the Rhine, European standard, exchange of information, information system, information technology, inland waterway shipping, maritime safety, technical specification, technical standard

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   EUROPEAN COMMISSION  Brussels, 11.3.2021  COM(2021) 116 final 2021/0061 (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 of the Rhine on the adoption of standards concerning harmonised river information services  
 
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 15 April 2021 and at a meeting of the plenary session of the Central Commission 
for  the  Navigation  on  the  Rhine  (CCNR)  of  2  June  2021  in  connection  with  the  envisaged 
adoption of the European Standard for River Information Services (ES-RIS, Edition 2021/1). 

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The 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 attributions of the CCNR. 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  they  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  meeting  of  15  April  2021,  the  CESNI  is  to  adopt  the  first  edition  of  the  European 
Standard for River Information Services (ES-RIS, Edition 2021/1). 

During 2019 and 2020, CESNI experts have prepared the draft ES-RIS 2021/1. It will be the 
first  edition  of RIS Standards by CESNI and establishes the baseline for future revisions of 
the  ES-RIS.  ES-RIS  2021/1  contains  the  technical  specifications  in  the  areas  regulated  by 
Directive 2005/44/EC of the European Parliament and of the Council of 7 September 2005 on 
harmonised river information services (RIS) on inland waterways in the Community1 and the 

1 

Directive  2005/44/EC  of  the  European  Parliament  and  of  the  Council  of  7  September  2005  on 
harmonised  river  information  services  (RIS)  on  inland  waterways  in  the  Community  (OJ  L  255, 
30.9.2005, p. 152). 

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implementing acts adopted by the Commission under Article 5 of this Directive. The technical 
specifications contained in the implementing acts are based on the technical principles set out 
in Annex II of Directive 2005/44 and take account of work carried out in this field by relevant 
international  organisations  (e.g.  CCNR,  UNECE).  No  modifications  of  the  content  of  the 
technical specifications were made in this first edition of the ES-RIS. The relevant standards 
are  reproduced  in  the  parts  and  annexes  of  ES-RIS,  and  not  merely  by  making  reference  to 
documents published by the UNECE. In addition, ES-RIS 2021/1 contains the Test Standard 
Inland AIS 2021/3.0, which was adopted by CESNI on 13 October 2020 and was the subject 
matter of Council Decision (EU) 2020/15082. 

ES-RIS 2021/1 covers the following technical standards for RIS: 

Part I: Standard electronic chart display and information systems for inland navigation  

Part II: Standard vessel tracking and tracing for inland navigation 

Part  III:  Inland  AIS  shipborne  equipment  operational  and  performance  requirements, 
methods of test and required test results (Test Standard Inland AIS) 

Part IV: Standard electronic ship reporting in inland navigation 

Part V: Standard notices to skippers 

ES-RIS will be regularly updated taking account of the work of the CESNI working groups. 
Regular updates of ES-RIS are necessary to: 

– 

– 

– 

maintain the high level of safety in inland navigation, 

follow the technical evolution, 

ensure compatibility with EU legal framework and international requirements. 

At its meeting of 13 October 2020, the CESNI Committee decided to schedule the adoption of 
the ES-RIS 2021/1 at the meeting on 15 April 2021. Before this meeting on 15 April 2021, it 
is expected that only minor changes will be made to the draft standards. ES-RIS 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. 

The  technical  specifications  contained  in  ES-RIS  2021/1  correspond  to  the  technical 
specifications  which  have  already  been  adopted  within  the  legal  framework  of  Directive 
2005/443.  

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Council  Decision  (EU)  2020/1508  of  12  October  2020  on  the  position  to  be  taken  on  behalf  of  the 
European  Union  within  the  European  Committee  for  drawing  up  standards  in  the  field  of  Inland 
navigation (CESNI) and within the Central Commission for the Navigation of the Rhine (CCNR) on the 
adoption  of  standards  concerning  technical  requirements  for  inland  waterway  vessels  (OJ  L  345, 
19.10.2020, p. 6). 
Commission Implementing Regulation (EU) 2018/2032 of 20 November 2018 amending Commission 
Regulation  (EC)  No  416/2007  concerning  the  technical  specifications  for  Notices  to  Skippers  (OJ  L 
332, 28.12.2018, p. 1–181); 
Commission Implementing Regulation (EU) 2018/1973  of 7 December 2018 amending Implementing 
Regulation  (EU)  No  909/2013  on  the  technical  specifications  for  the  electronic  chart  display  and 
information  system  for  inland  navigation  (Inland  ECDIS)  referred  to  in  Directive  2005/44/EC  of  the 
European Parliament and of the Council (OJ L 324, 19.12.2018, p. 1–44); 
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. 31–69); 

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The  CCNR  will  adopt  a  resolution  amending  the  CCNR  Regulations  in  order  to  include  a 
reference to ES-RIS 2021/1. 

In order to ensure consistency of two existing legal regimes for harmonised river information 
services (Rhine and EU), it is appropriate to align the relevant standards. Whereas the relevant 
EU  law  is  already  in  force,  CCNR  Regulations  will  refer  to  ES-RIS  2021/1  from  25  April 
2022.  This  date  corresponds  to  the  application  deadline  for  Commission  Implementing 
Regulation (EU) 2019/1744, which was the latest implementing act to enter into force under 
Directive 2005/44.  A harmonization in the implementation schedule will thus be ensured. 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The  Union  position  is  required  considering  that  the  subject  matter  of  the  envisaged  acts 
concerns  an  area  which  is  exclusive  competence  of  the  Union  and  it  is  necessary  to  ensure 
that EU interests are adequately taken into account  when adopting decisions concerning the 
establishment  of  the  standards  for  harmonised  river  information  services  (RIS).  Pursuant  to 
Article  3(2)  TFEU,  the  European  Union  has  exclusive  external  competence  in  the  areas 
covered by the standards in question, since they are likely to affect common EU rules. Indeed, 
Member  States  shall  set  up  RIS  according  to  Article  4  of  Directive  2005/44  in  compliance 
with  the  technical  specifications  contained  in  the  implementing  acts  adopted  by  the 
Commission under Article 5 of this Directive. The content of the draft standards in question is 
intended  to  be  fully  aligned  with  the  standards  currently  incorporated  in  the  binding  EU 
technical specifications adopted under Directive 2005/44, and contained in the Implementing 
Regulations (EU) No 2018/2032, 2018/1973, 2019/838 and 2019/1744. Those standards relate 
to the technical specifications for hamonised river information services, which in the light of 
recital 3 of Directive 2005/44/EC, should be taken into account in the adoption of the binding 
technical specifications under Article 5 of that Directive. 

The elaboration of the ES-RIS 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 standards at the level of the CESNI: 

– 

– 

working  group  meetings  (13.-14.02.2019,  11.-12.12.2019,  01.-02.04.2020,  23.-
26.06.2020, 02.-03.09.2020) and  

Committee meeting (13.10.2020). 

These  meetings  allowed  reaching  an  agreement  at  the  level  of  experts  concerning  the 
standards for harmonised river information services. 

The  proposed  position  of  the  Union  is  to  adopt  ES-RIS  2021/1  as  it  facilitates  the  highest 
level of safety in inland navigation, follows the technical evolution in this sector and ensures 
compatibility of river information services in Europe 

Commission  Implementing  Regulation  (EU)  2019/1744  of  17  September  2019  on  technical 
specifications  for  electronic  ship  reporting  in  inland  navigation  and  repealing  Regulation  (EU)  No 
164/2010 (OJ L 273, 25.10.2019, p. 1–182). 

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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 agreement4. 

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’5. 

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 regulatory framework related to RIS technical 
specifications  by  referring  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 effect of the Rhine regulations for the CCNR Members derives from 
the provisions of the Mannheim Convention of 17 October 18686.  

Moreover,  ES-RIS  2021/1  with  its  future  revisions  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. Article 5 of Directive 2005/44 empowers the Commission 
to  adopt  technical  guidelines  and  technical  specifications,  in  order  to  support  RIS  and  to 
ensure the interoperability of these services. Recital 3 of the Directive states that  for safety 
reasons  and  in  the  interests  of  pan-European  harmonisation,  the  content  of  such  common 
requirements  and  technical  specifications  should  build  on  work  carried  out  in  this  field  by 
relevant  international  organisations, notably such as the Central  Commission for Navigation 
on the Rhine (CCNR) and the United Nations Economic Commission for Europe (UNECE).  

ES-RIS 2021/1 will contain technical specifications corresponding to those which have been, 
to  date,  adopted  within  the  framework  of    Article  5  of  Directive  2005/44.  The  technical 
specifications applicable to RIS under the Mannheim Convention will be aligned with those 
adopted  within  the  framework  of  Directive  2005/44,  and  any  future  revision  of  ES-RIS 
2021/1 will have direct impact on the Union’s acquis in this area. 

The Resolution to be adopted by the CCNR that will amend the CCNR Regulations to include 
a reference to the ES-RIS 2021/1, will be a legally binding act with regard to the Parties of the 
CCNR.  However,  it  will  not  supplement  or  amend  the  institutional  framework  of  the 
Mannheim Convention. 

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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 harmonised river information services. 

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 act 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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2021/0061 (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 of the Rhine on the adoption of standards concerning 
harmonised river information services 

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) 

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

Pursuant to Article 1 of the Agreement, the Central Commission for the Navigation on 
the Rhine (‘CCNR’) may modify its regulatory framework related to river information 
services (‘RIS’) by referring to the standards adopted by the European Committee for 
drawing  up  standards  in  the  field  of  inland  navigation  (‘CESNI’)  and  making  those 
standards  mandatory  in  the  framework  of  the  application  of  the  Revised  Convention 
for Rhine 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. 

Action by the Union in the sector of inland navigation should aim to ensure uniformity 
in the development of technical specifications applied in the Union, as regards RIS in 
the Union. 

For efficient transport and safe navigation on the inland waterways, it is important that 
RIS  are  compatible  and  as  harmonised  as  possible  under  different  legal  regimes  in 
Europe.  

CESNI,  during  its  meeting  on  15  April  2021,  is  to  adopt  the  European  Standard  – 
River Information Services (‘ES-RIS’) 2021/1. 

ES-RIS  2021/1  lays  down  uniform  technical  specifications  and  standards  in  order  to 
support  RIS  and  to  ensure  the  interoperability  of  those  services.  The  technical 
specifications  and  standards  in  question  coincide  with  those,  which  adoption  is 
required by Directive 2005/44/EC of the European Parliament and of the Council7, in 

Directive  2005/44/EC  of  the  European  Parliament  and  of  the  Council  of  7  September  2005  on 
harmonised  river  information  services  (RIS)  on  inland  waterways  in  the  Community  (OJ  L  255, 
30.9.2005, p. 152). 

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(8) 

(9) 

particular in  the  following  areas:  electronic chart  display and information system  for 
inland  navigation,  electronic  ship  reporting,  notices  to  skippers,  vessel  tracking  and 
tracing systems and compatibility of the equipment necessary for the use of RIS. 

Technical specifications for RIS are based on the technical principles set out in Annex 
II  to  Directive  2005/44/EC  and  take  account  of  work  carried  out  in  this  field  by 
relevant international organisations. 

It is appropriate to establish the position to be taken on the Union's behalf in  CESNI, 
as the ES-RIS 2021/1  will be capable of decisively influencing the content of Union 
law,  namely  the  binding  technical  specifications  adopted  within  the  framework  of 
Directive 2005/44/EC. 

(10)  The CCNR, during its plenary meeting on 2 June 2021, is to adopt a resolution which 
will amend the CCNR Regulations in order to include a reference to ES-RIS 2021/1. 
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  in  the  European  Committee  for 
drawing up standards in the field of inland navigation (‘CESNI’) meeting on 15 April 
2021 shall be to agree to the adoption of the European Standard – River Information 
Services ('ES-RIS') 2021/1. 

The position to be taken on behalf of the Union at the meeting of the plenary session 
of  the  Central  Commission  for  the  Navigation  on  the  Rhine  (‘CCNR’)  where  river 
information services are decided upon shall be to support all proposals aligning the 
CCNR Regulations with those of ES-RIS 2021/1. 

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 

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This Decision is addressed to the Member States. 

Done at Brussels, 

Article 4 

For the Council 
The President 

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