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 professional qualifications in inland navigation
Date: 2024-02-09
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, 9.2.2024  COM(2024) 59 final 2024/0034 (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 professional qualifications in inland navigation  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This  proposal  concerns  the  Council  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’) on 11 April 2024 and in the plenary session of the Central Commission 
for the Navigation of the Rhine (‘CCNR’) on 13 June 2024 in connection with the envisaged 
adoption of updated European Standard for Qualifications in Inland Navigation (ES-QIN). 

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The CCNR and CESNI 

The 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  of  the  Rhine,  signed  on  17  October  1868  in 
Mannheim and amended on 14 April 1967, defines the legal framework governing the use of 
the Rhine as an inland waterway for navigation and lays down the attributions of the CCNR. 
It  continues  the  Rhine  regime  established  by  the  Congress  of  Vienna  in  1815.  For  decision 
making, CCNR Member States convene twice a year in plenary meetings. 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 CESNI1. Its mission includes the adoption 
of  technical  standards  in  inland  navigation,  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 EU and CCNR Member States’ experts. These have voting rights on 
the basis of one vote per state. But CESNI also integrates the EU and international institutions 
as  well  as  expertise  in  its  works.  The  EU  may  always  participate  in  the  work  of  CESNI 
without voting rights, along with international organisations whose mission covers the areas 
concerned  by  CESNI.  Next  to  these  participation  rights,  CESNI  can  invite  expertise 
(individual experts, classifications societies, etc.). The CESNI plenary finalises the standards 
which have been agreed on expert level. 

The EU and the CCNR provide for regulations in the context of professional qualifications in 
inland  navigation,  namely  Directive  (EU)  2017/23972  and  the  Regulations  for  Rhine 
Navigation  Personnel  (RPN)3.  Article  10(2)  of  Directive  (EU)  2017/2397  recognises 
documents of qualification which are issued in accordance with the RPN if the requirements 
for  issuance  are  identical  to  those  of  the  said  Directive.  Bot  legal  regimes  refer  to  the 
standards of CESNI. 

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3 

Resolution 2015-I-3, CC/R (15) 1, p.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). 
Regulations for Rhine Navigation Personnel, Resolution 2022-I-9, CC/R (22) 2, p. 38 and Annex. 

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2.2. 

The envisaged acts of the CESNI and the CCNR  

Firstly,  CESNI  is  to  adopt  the  new  edition  of  its  European  Standard  for  Qualifications  in 
Inland  Navigation  (ES-QIN  2024/1)  during  its  plenary  meeting  on  11  April  2024.  The  ES-
QIN is regularly updated to: 
• 
• 
• 

maintain the high level of safety in inland navigation, 
follow the technical evolution (ex. digital skills), 
ensure compatibility with EU legal framework.  

The update correspondingly concerns the following areas: 

• 

• 

• 
• 

additions to strengthen certain management level competences for sailing on inland 
waterways with a maritime character; 
updated  references  to  ES-TRIN  (European  Standard  laying  down  technical 
requirements for inland navigation vessels); 
updated references to ES-RIS (European Standard for River Information Services); 
harmonisation 
Regulation (EU) 2020/182 and editorial clarifications. 

terminology  with 

the  Commission 

Implementing 

of 

In accordance with Directive (EU) 2017/2397, the ES-QIN 2024/1 will be incorporated into 
EU  law.  Pursuant  to  Article  32  and  34  of  that  Directive,  the  Commission  shall  reference 
CESNI in delegated and implementing acts, provided that: 

those standards are available and up-to-date; 

those standards comply with any applicable requirements set out in the Annexes; 

Union interests are not compromised by changes in the decision-making process of CESNI. 

Currently, the said Directive refers to the ES-QIN 2019/1. Article 9 of the Rules of Procedure 
of  CESNI  allow  the  adoption  of  standards  only  after  a  decision  in  accordance  with  Article 
218(9) TFEU was taken.  

Secondly,  the  CCNR  will  also  adopt  a  resolution  amending  its  RPN.  This  will  include  a 
reference to the updated ES-QIN 2024/1. Both EU law and the RPN will be referring to ES-
QIN 2024/1 from 1 January 2025. 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The decision establishing the Union position is to agree to the adoption of ES-QIN 2024/1 in 
both organisations.  

The ES-QIN 2024/1 is an update of the relevant standard which is today in force. The update 
has  been  the  subject  of  intensive  preparation  at  the  level  of  the  CESNI  experts  (CESNI/QP 
working group). The experts met on several occasions and reached an agreement at that level 
concerning the qualification requirements and the drafting of the respective standard. 

As it is the purpose of the Directive (EU) 2017/2397 to  ensure the safety of navigation, the 
protection of human life and the environment, the proposed position of the Union is to adopt 
ES-QIN  2024/1.  The  ES-QIN  2024/1  maintains  the  highest  level  of  safety  in  inland 
navigation in line with the requirements of that Directive, follows the technical evolution in 
this sector and ensures compatibility of other up to date standards in inland navigation which 
form part of EU law. 

A  Union  position  is  necessary  as  the  Union  enjoys  exclusive  external  competence  in 
accordance  with  Article  3(2)  TFEU.  Due  to  the  said  references  to  up-to-date  standards  of 
CESNI in Directive (EU) 2017/2397, the adoption in the CESNI plenary of the ES-QIN will 

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affect the common rules of the EU. Furthermore, qualifications issued in accordance with the 
RPN  are  only  recognised  in  accordance  with  Article  10(2)  of  that  Directive  if  requirements 
for  issuance  are  identical  to  those  of  the  Directive.  In  order  to  ensure  consistency  of  two 
existing legal regimes for qualification requirements for inland navigation vessels in line with 
Directive (EU) 2017/2397, it is necessary to provide for the same standards. 

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  by  an  international  agreement,  namely  the 
revised Convention for Navigation of the Rhine (Mannheim Act). The acts which CESNI and 
the CCNR are called upon to adopt constitute acts having legal effects.  

On  the  one  hand,  the  envisaged  adoption  of  ES-QIN  2024/1  by  the  CESNI  plenary  is 
decisively  influencing  the  content  of  EU  legislation.  While  the  adoption  of  ES-QIN  by  the 
CESNI plenary per se is not legally binding, Article 32 and 34 of Directive (EU) 2017/2397 
establish a reference to up-to-date standards by CESNI, namely ES-QIN. So the Commission 
will need to  adopt  secondary legislation considering  the  ES-QIN 2024/1  in  consideration of 
the further requirements of Article 32 and 34 of the said Directive. 

On the other hand, the decision of the CCNR to refer to the ES-QIN 2024/1 in the RPN will 
be binding under international law on the Member States in accordance with Article 17, 46 of 
the  revised  Mannheim  Act.  It  is  also  capable  to  decisively  influence  the  content  of 
Directive (EU) 2017/2397.  In  the  endeavour  to  harmonise  the  legislation  concerning 
professional qualifications in inland navigation (compare recital 40 of Directive 2017/2397), 
Article  10(2)  of  Directive  (EU)  2017/2397  by  law  foresees  the  recognition  of  documents 
issued  accordance  with  the  RPN  which  lay  down  requirements  identical  to  those  of  the 
Directive. This  will continue to  be the case  if the CCNR’s RPN refers to  the  same ES-QIN 
2024/1 as the Directive does.  

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

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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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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 the 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 91(1) TFEU, in conjunction with Article 
218(9) TFEU. 

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2024/0034 (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 
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) 

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The revised Convention for Navigation of the Rhine of 17 October 1868, as amended 
by  the  revision  of  20  October  1963,  (‘the  Agreement’)  entered  into  force  on 
14 April 1967. The Agreement maintains the Central Commission for the Navigation 
of the Rhine (‘CCNR’) and the regime for inland navigation of the Rhine established 
in  1815.  In  the  framework  of  the  CCNR,  the  European  Committee  for  drawing  up 
standards in  the field  of  inland navigation  (‘CESNI’) was  created on 3 June 2015 in 
order  to  develop  technical  standards  for  inland  waterways  in  various  fields,  in 
particular as regards vessels, information technology and crew.   

The  adoption  of  standards  by  CESNI  does  not  have  direct  legal  effect,  but 
Directive (EU) 2017/23971  refer  to  the  latest  CESNI  standards  on  profession 
qualification,  namely  ES-QIN.  The  CCNR  also  refers  to  the  latest  standards  in  its 
Regulations  for  Rhine  Navigation  Personnel  (‘RPN’)2.  Pursuant  to  Article  17,  46  of 
the  Agreement,  the  Central  Commission  for  the  Navigation  of  the  Rhine  (‘CCNR’) 
for  professional 
may  adopt  binding 
qualifications in inland navigation of the Rhine. 

resolutions  establishing 

requirements 

CESNI  is  to  adopt  the  updated  European  Standard  for  Qualifications  in  Inland 
Navigation 2024/1 (‘ES-QIN 2024/1’) during its session on 11 April 2024. Following 
this adoption, the CCNR intends to  adopt a resolution amending the RPN to refer to 
the  ES-QIN  2024/1  in  its  plenary  session  on  13  June  2024.  The  ES-QIN  2024/1 
replaces the ES-QIN 2019. 

The  ES-QIN  2024/1  provide  for  an  update  of  the  minimum  harmonised  European 
standards  necessary  to  facilitate  mobility,  to  ensure  the  safety  of  navigation  and  to 
ensure  the  protection  of  human  life  and  the  environment.  These  standards  are  now 
updated in terms of requirements for sailing on waters with maritime character. They 

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). 
currently  Regulations  for  Rhine  Navigation  Personnel,  Resolution  2022-I-9,  CC/R  (22)  2,  p.  38  and 
Annex 

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(5) 

(6) 

also  include  updated  references  to  the  ‘European  Standard  laying  down  Technical 
Requirements  for  Inland  Navigation  vessels’  and  ‘European  Standard  for  River 
Information  Services’.  Finally,  editorial  clarifications  adding  to  legal  certainty  have 
been made.  

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union's  behalf  in  the 
CESNI and the CCNR, as the ES-QIN 2024/1 will decisively influence the content of 
Union  law.  Article  32  and  34  Directive  (EU)  2017/2397  require  the  Commission  to 
adopt delegated and implementing acts which refer to the latest version of the CESNI 
standards of professional qualification provided that these standards are available and 
up-to-date, comply with the requirements set out in the Annexes of the said directive 
and Union interests are  not compromised by changes in the decision-making process 
of  CESNI.  Furthermore,  Article  10  of  that  Directive  foresees  the  recognition  of 
documents issued in accordance with the RPN which lay down requirements that are 
identical to those of the Directive.  

To facilitate mobility, to ensure the safety of navigation and to ensure the protection of 
human  life  and  the  environment,  it  is  important  that  the  technical  requirements  for 
crew members are 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. 

(7) 

The  Union's  position  is  to  be  expressed  by  the  Member  States  of  the  Union  that  are 
members of the CESNI and CCNR, acting jointly in the interest of the Union.  

HAS ADOPTED THIS DECISION: 

1. 

2. 

1. 

2. 

Article 1 

The  position  to  be  taken  on  the  Union’s  behalf  within  CESNI  with  regard  to  the 
adoption  of  ES-QIN  2024/1  (CESNI  (23)  21  rev.1)  shall  be  to  agree  to  their 
adoption. 

The position to be taken on the Union’s behalf within the CCNR shall be to support 
all proposals aligning the CCNR Regulations with  ES-QIN 2024/1 (CESNI (23) 21 
rev.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 CESNI acting jointly in the interest of the Union. 

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 in the interest of the Union. 

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 

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This Decision shall enter into force on the date of its adoption. 

Done at Brussels, 

Article 5 

For the Council 
The President 

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