Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the Conference of the Contracting Parties of the Convention on the collection, deposit and reception of waste generated during navigation on the Rhine and other inland waterways (CDNI) on the adoption of the resolution aiming to extend the ban on the discharging of domestic wastewater by inland waterways vessels carrying between 12 and 50 passengers
Date: 2021-06-11
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: inland waterway, inland waterway shipping, international conference, pleasure craft, pollution from ships, technical specification, technical standard, waste disposal, wastewater, water protection

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 11.6.2021 COM(2021) 307 final 2021/0142 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the Conference of the Contracting Parties of the Convention on the collection, deposit and reception of waste generated during navigation on the Rhine and other inland waterways (CDNI) on the adoption of the resolution aiming to extend the ban on the discharging of domestic wastewater by inland waterways vessels carrying between 12 and 50 passengers  
 
 
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  a  Conference  of  Contracting  Parties  of  the  Convention  on  the  collection,  deposit  and 
reception  of  waste  generated  during  navigation  on  the  Rhine  and  other  inland  waterways 
(CDNI)  on  the  adoption  of  the  resolution  aiming  to  extend  the  ban  on  the  discharging  of 
domestic  wastewater  by  inland  waterways  vessels  carrying  more  than  12  passengers  and 
passenger cabin vessels with more than 12 sleeping berths.  

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

CDNI 

The Convention on the collection, deposit and reception of waste generated during navigation 
on the Rhine and other inland waterways (CDNI), signed on 9 September 1996 in Strasbourg 
defines  the  legal  framework  for  the  collection,  deposit  and  reception  of  waste  generated 
during  navigating  on  the  Rhine  and  other  waterways.  Following  ratification  by  all  the 
signatory  states,  the  CDNI  came  into  force  on  1  November  2009.  Five  EU  Member  States 
(Belgium, France, Germany, Luxembourg and the Netherlands) and Switzerland are parties to 
the CDNI. 

The Conference of Contracting Parties of the CDNI is the body responsible for monitoring the 
application of the provisions of the CDNI with regulatory competences for inland navigation 
matters on waste on the Rhine and other inland waterways and is composed by representatives 
of  the  CDNI’s  Contracting  Parties.  It  meets  annually.  It  adopts  CDNI’s  resolutions.  Each 
Contracting Party has one vote, and decisions are reached unanimously. These resolutions are 
legally binding on the Contracting Parties in accordance with Article 14 and 19 of the CDNI. 
The EU is not a Contracting Party of the CDNI. 

2.2. 

The envisaged acts of the CDNI 

At its meeting of 22 June 2021, a Conference of Contracting Parties of the CDNI is to adopt a 
resolution  aiming  to  extend  the  ban  on  the  discharging  of  domestic  wastewater  by  inland 
waterways  vessels  carrying  more  than  12  and  less  than  50  passengers  and  passenger  cabin 
vessels  with  more  than  12  and  less  than  50  sleeping  berths  within  CDNI’s  scope  of 
application1.  

It refers to all inland waterways vessels carrying between 12 and 50 passengers and passenger 
cabin vessels with more than 12 and less than 50 sleeping berths, which  were put in service 
after  30.12.2008.  This  issue  concerns  environmental  and  technical  requirements  for  inland 
waterway vessels. 

In  accordance  with  Article  9.01(3)  of  Annex  II  to  the  CDNI  the  discharging  of  domestic 
wastewater is prohibited for: 

(1) 

(2) 

Cruise vessels with more than 50 sleeping berths and 

Passenger vessels permitted to carry more than 50 passengers. 

The  draft  of  the  resolution  extends  this  prohibition  to  inland  waterways  vessels  carrying 
between 12 and 50 passengers and passenger cabin vessels with more than 12 and less than 50 
sleeping berths. The prohibition of discharge of wastewater is linked to the obligation for the 

1 

As defined in Annex 1 to the CDNI 

EN 

1 

  EN 

 
                                                 
Contracting Parties of the CDNI to install reception stations for domestic wastewaters along 
waterways within their territories. 

The  provisions  of  the  draft  resolution  would  increase  consistency  with  the  technical 
requirements set by EU law. 

The  CDNI  regulates  vessel  operation  as  regards  wastewater  discharges  as  a  part  of 
environmental  protection.  The  technical  requirements  of  inland  navigation  vessels  are 
regulated by 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/EC2.  Directive  (EU)  2016/1629 
establishes  the  Union  provisions  concerning  the  technical  requirements  necessary  to  ensure 
the safety of craft navigating on the inland waterways consider the construction of a vessel’s 
hull. Annex II of this Directive refers to the technical standards for inland navigation vessels 
(ES-TRIN)  established  by  the  European  Committee  for  drawing  up  Standards  in  Inland 
Navigation (CESNI). A reference to the most current ES-TRIN 2019/1 is included in Annex II 
of Directive (EU) 2016/1629. 

Under  Article  19.14  of  the  ES-TRIN  2019/1,  passenger  vessels  shall  be  equipped  with 
collection tanks for domestic wastewater in accordance with (2) of this Article or appropriate 
on-board  sewage  treatment  plants  in  accordance  with  Chapter  18  of  the  ES-TRIN  2019/1. 
This  requirement  applies  to  all  passenger  vessels  carrying  more  than  12  passengers,  but 
having regard to the following transitional provisions: 

1. 

2. 

3. 

For  cabin  vessels  with  a  maximum  of  50  beds  and  for  day  trip  vessels  with  a 
maximum  of  50  passengers:  The  requirement  for  a  tank  or  sewage-treatment  plant 
does not apply to vessels that were already in service prior to 1.1.2006. 

For  cabin  vessels  with  more  than  50  beds:  The  requirement  for  a  tank  or  sewage 
treatment plant already applies.  

For  vessels  existing  before  30.12.2008  and  operated  only  beyond  the  Rhine, 
derogations may be accepted under article 29(1) of Directive (EU) 2016/1629. 

The  draft  CDNI  resolution  addresses  only  vessels  put  in  service  after  30.12.2008  (Rhine  or 
beyond) so it is fully compatible with ES-TRIN standard 2019/1 which already requires the 
equipment  of  collection  tanks  for  domestic  wastewater  or  appropriate  on-board  sewage 
treatment plants for these vessels.  

The CDNI provisions take into account the environmental protection (prohibition of discharge 
of the domestic wastewaters into waterways) while ES-TRIN provides technical requirements 
for  a  vessel’s  construction  and  appropriate  installation  and  equipment  allowing  to  collect 
wastewaters. 

Both the CDNI and ES-TRIN set up the dates of the applicability of these provisions. As these 
provisions complement each other, it is necessary to ensure alignment of these dates to avoid 
inconsistency in regulations relevant for inland waterway vessels navigating on the Rhine. 

The  draft  CDNI  resolution  is  aligned  with  the  requirements  provided  under  Directive 
2016/1629 and, thus, would increase consistency with the requirements set by EU law. 

Moreover,  Article  9.01,  paragraph  4,  of  the  draft  CDNI  resolution  would  exempt  those 
vessels, which are exempted from the requirement to install equipment of collection tanks for 

2 

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). 

EN 

2 

  EN 

 
                                                 
domestic wastewater or appropriate on-board sewage treatment plants under Directive  (UE) 
2016/1629, from the corresponding prohibition of the discharge under the CDNI resolution. 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The  proposed  position  of  the  Union  is  to  agree  on  the  adoption  of  a  resolution  aiming  to 
extend  the  ban  on  the  discharging  of  domestic  wastewater  by  inland  waterways  vessels 
carrying between 12 and 50 passengers. 

There  is  no  contradiction  with  EU  legislation  in  this  field.  Additionally  it  highly  supports 
environmental protection initiatives and objectives.   

The  CDNI  regulates  vessel  operation  as  regards  wastewater  discharges  as  a  part  of 
environmental  protection.  Directive  (EU)  2016/1629  establishes  the  Union  provisions 
concerning the technical requirements necessary to ensure the safety of craft navigating on the 
inland waterways consider the construction of a vessel’s hull, including issues related to the 
equipment  of  a  vessel  in  collection  tanks  for  domestic  wastewater  or  appropriate  on-board 
sewage treatment plants. 

The proposed position of the Union is to agree on the adoption the resolution in subject as it 
increase consistency with the requirements set by EU law. 

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  Conference  of  Contracting  Parties  of  the  CDNI  is  a  body  set  up  under  an  international 
agreement. The act which the Conference of Contracting Parties of the CDNI is called upon to 
adopt  constitutes  an  act  having  legal  effects.  The  envisaged  act  is  capable  of  decisively 
influencing the content of EU legislation, namely Directive (EU) 2016/1629. This is because 
the  proposed  act  influences  on  the  legislation  related  to  technical  requirements  for  inland 
waterway  vessels  as  it  provides  the  requirements  related  to  the  prohibition  of  discharge  of 
wastewater and installing appropriate equipment on inland waterways vessels, while technical 

3 

4 

EN 

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, 

3 

  EN 

 
 
                                                 
 
requirements for these vessels (including provisions for wastewater collection) are regulated 
by Directive (EU) 2016/1629.  

Therefore, it is necessary to establish the position to be adopted on the Union's behalf within a 
Conference of Contracting Parties of the CDNI for the adoption  resolution aiming to extend 
the  ban  on  the  discharging  of  domestic  wastewater  by  inland  waterways  vessels  carrying 
between 12 and 50 passengers. 

The envisaged act does 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) TFEU. 

4.3. 

Conclusion 

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

EN 

4 

  EN 

 
2021/0142 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union at the Conference of the 
Contracting Parties of the Convention on the collection, deposit and reception of waste 
generated during navigation on the Rhine and other inland waterways (CDNI) on the 
adoption of the resolution aiming to extend the ban on the discharging of domestic 
wastewater by inland waterways vessels carrying between 12 and 50 passengers 

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  Convention  on  the  collection,  deposit  and  reception  of  waste  generated  during 
navigation  on  the  Rhine  and  other  inland  waterways  (CDNI)  of  9  September  1996, 
entered into force of 1 November 2009. 

Pursuant to Article 19 of the Convention, the Conference of Contracting Parties may 
amend the Convention and its annexes. 

Action by the Union in the sector of inland navigation should aim to ensure uniformity 
of technical requirements applied in the Union, as regards inland waterway vessels in 
the Union. 

The  Conference  of  Contracting  Parties  of  the  CDNI,  during  its  meeting  on  22  June 
2021, is to adopt a resolution aiming to extend the ban on the discharging of domestic 
wastewater  by  inland  waterways  vessels  carrying  more  than  12  passengers  and 
passenger  cabin  vessels  with  more  than  12  sleeping  berths.  The  provisions  of  this 
resolution will obliged to install the appropriate equipment on board of vessels falling 
into scope of this resolution. 

The technical standard for inland navigation vessels (ES-TRIN 2019/1) adopted by the 
European Committee for drawing up Standards in  Inland Navigation (‘CESNI’) on 8 
November  2018  lays  down  uniform  technical  requirements  necessary  to  ensure  the 
safety  of  inland  waterway  vessels.  It  includes  special  provisions  regarding  specific 
categories  of  vessels  such  as  passenger  vessels,  provisions  regarding  the  equipment 
and installations of vessels, including wastewater collection and disposal facilities as 
well as instructions for the application of the technical standard.  

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union's  behalf  in  the 
Conference of Contracting Parties of the CDNI, as the provisions of the resolution will 
be capable of decisively influencing the content of Union law, namely Directive (EU) 
2016/1629 of the European Parliament and of the Council. 

(7) 

The  draft  CDNI  resolution  should  increase  consistency  with  the  requirements  set  by 
Union law, mainly in the area of the applicability dates for installing the appropriate 

EN 

5 

  EN 

 
equipment  for  collecting  wastewaters  on  inland  waterway  vessels.  Furthermore,  the 
draft  CDNI  resolution  highly  supports  environmental  protection  initiatives  and 
objectives. 

(8) 

The Union is not a member of the Conference of the Contracting Parties of the CDNI. 
The  Union's  position  is  to  be  expressed  by  the  Member  States  of  the  Union  that  are 
members of the CDNI, acting jointly. 

HAS ADOPTED THIS DECISION: 

Article 1 

The position to be taken on behalf of the Union, at the meeting on 22 June 2021, within the 
Conference  of  the  Contracting  Parties  of  the  Convention  on  the  collection,  deposit  and 
reception  of  waste  generated  during  navigation  on  the  Rhine  and  other  inland  waterways 
(‘CDNI’) shall be to agree to the adoption of the resolution aiming to extend the ban on the 
discharging of domestic wastewater by inland waterway vessels carrying between 12 and 50 
passengers. 

The  position  referred  to  in  Article  1  shall  be  expressed  by  the  Member  States  of  the  Union 
that are members of the Conference of the Contracting Parties of the CDNI, acting jointly. 

Article 2 

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 

EN 

6 

  EN