COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE FITNESS CHECK on market access in Inland Waterway Transport
Date: 2026-01-29
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: access to a profession, carriage of goods, carriage of passengers, carrier, free price, inland waterway transport, market access, market stabilisation, restriction on competition, transport regulations

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   EUROPEAN COMMISSION  Brussels, 29.1.2026  SWD(2026) 28 final  COMMISSION STAFF WORKING DOCUMENT  EXECUTIVE SUMMARY OF THE FITNESS CHECK  on market access in Inland Waterway Transport {SEC(2026) 50 final} - {SWD(2026) 27 final}  
 
 
1.  Introduction 

This  fitness  check  covers seven legal  acts1  governing  the access  to  EU's  internal  market  for 
Inland Waterway Transport (IWT) and is based on stakeholder consultation activities, reviews 
of market observation reports and of evidence on implementation.  

2.  Expected outcome of the intervention 

The  legal  acts  in  scope  (Framework)  aimed  at  transforming  the  IWT  market  into  a  single 
market. For the assessment they were categorized into two pillars. Pillar 1 legislation2 aimed 
to  liberalise  pricing,  remove  market-restrictive  practices,  and  address  overcapacity.  Pillar  2 
legislation3 focused on  equal  market  access across the EU and  harmonise  qualifications  for 
carriers.  

3.  Conclusions 

The Framework has been effective to a large extent.  

Regarding efficiency, information gathered does not allow robust conclusions. Nevertheless, 
Member States administrations value the contribution of the Framework to competitiveness.  

Coherence:  the  Framework  is  generally  aligned  with  international  agreements,  while 
complexity in governance requires the launching of a formal coordination procedure4 in cases 
when legal acts of river commissions touch upon EU competence. The complexity also leads 
to temporary inconsistencies of certain rules. Terminology misalignment with the Professional 
Qualifications  Directive  was  observed  (knowledge-based  vs  competence-based  approach). 
External consistency is maintained with the Combined Transport Directive and eFTI, while it 
could be improved vis-à-vis the TFEU as well as between different legal instruments in IWT, 
notably,  Professional  Qualifications  Directive  for  crew.  Finally,  there  is  a  lack  of  internal 
coherence of Pillar 2 legislation regarding passenger transport. 

Stakeholders acknowledged the Framework’s EU value added: high degree of harmonisation 
resulting  in  level  playing  field  for  enterprises,  as  well  as  non-discrimination.  Legal  form  of 
Directive leaves room for diverging implementation. 

The Framework was and still is relevant for delivering the EU Single Market and the common 
transport policy - maintaining those achievements imply its continued relevance. 

As an overall conclusion, the legislation was found fit for purpose. 

1 -  Regulation (EEC) No. 11/1960, as amended  
-  Council Directive 87/540/EEC,  
-  Council Regulation (EEC) No. 2919/85,  
-  Council Regulation (EEC) No. 3921/91,  
-  Council Regulation (EC) No. 1356/96,  
-  Council Regulation (EC) No. 718/1999, as amended, 
-  Council Directive 96/75/EC as amended. 
2 Council Regulation (EEC) No 11/1960, Council Directive 96/75/EC, and Council Regulation (EC) 718/199. 
3 Council Regulation (EEC) No 2919/85, Council Regulation (EEC) No 3921/91, Council Regulation (EC) No 
1356/96, and Council Directive 87/540/EEC. 
4 Art 218.9 TFEU 

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4.  Lessons learned  

Pillar 1 legislation 

An outdated, and now obsolete, reference in Regulation (EEC) No 11/1960 to exempted goods5 
could  impair  legal  clarity.  Reduction  of  administrative  burden  is  underway  with  the 
implementation of eFTI Regulation from July 2027. 

Pillar 2 legislation 

There is no definition for ‘temporary’ in the cabotage legislation.  

Introducing digital (vessel) documents could  further improve efficiency and drive the sector 
towards  paperless  solutions.  Consider  opportunities  for  administrative  simplification  by 
rationalisation of certificates6, where possible. 

Concerning  implementation  of  Council  Directive  87/540/EEC  the  assessment  revealed  a 
potential for simplification by introducing an EU-wide digital template of certificate of carriers.  
Its Annex (containing a list of knowledge requirements) could be updated and its coherence 
with  the  competence-based  approach  of  the  Professional  Qualifications  Directive  for  crew 
improved.  Possibility  to  align  scope  of  legal  acts  within  in  Pillar  2  (coverage  of  passenger 
transport carriers for the legislation of access to the occupation). 

The  monitoring  system  is  weak,  hindering  efficiency  analysis.  Recommended  to  draw  on 
synergies on monitoring and reporting requirements with other legislation and data collection 
methods.  

5 Article 1 of Regulation (EEC) No 11/1960 contains a reference to Annexes I and III of the Treaty establishing 
the European Coal and Steel Community, which is obsolete.  
6  E.g.  instead of  Certificate  of  belonging  to  the  Rhine  navigation  including  the  relevant information  on  vessel 
ownership in the Union inland navigation certificate. Existing Regulations already allow this, if the Union inland 
navigation certificate and the registration certificate for a particular vessel are issued by the same state. A CESNI 
Working Group is currently examining the practicalities of such an approach 

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