CELEX: 
Language: en
Date: 2020-01-20 00:00:00
Title: COMMISSION DELEGATED REGULATION (EU) …/... on the European Hull Data Base

EUROPEAN
          COMMISSION
                                 Brussels, 20.1.2020
                                 C(2020) 255 final
   COMMISSION DELEGATED REGULATION (EU) …/...
                     of 20.1.2020
           on the European Hull Data Base
EN                                                   EN
 ---pagebreak---                                    EXPLANATORY MEMORANDUM
   1.        CONTEXT OF THE DELEGATED ACT
   Inland waterways vessels operating on European inland waterways need to meet different
   requirements in relation to safety, administration and crew provisions.
   To ensure safe operation a vessel has to obtain an inland navigation certificate issued in
   accordance with Directive (EU) 2016/16291 by a competent authority. In the certificate there
   is data identifying the vessel (name of the vessel, type of the vessel, dimensions of the vessel
   etc.). One of the most essential data for the vessel is a unique European Vessel Identification
   Number (ENI). Only one single ENI can be assigned to one vessel. ENI is issued only once
   and remains unchanged throughout the whole lifetime of the vessel.
   The European Hull Database (EHDB) is a database kept by the European Commission in
   which the data of the vessels operating on European inland waterways is collected. The
   EHDB is used to verify the history of pending applications for certificates and information on
   certificates already issued to the vessel. The EHDB is used to support the proper functioning
   of river information services (RIS) in accordance with Directive 2005/44/EC2.
   Directive (EU) 2016/1629 defines general provisions for the EHDB e.g. that Member States
   shall enter the data identifying and describing the vessels (without specifying what data).
   In order to further specify the provisions for the EHDB the European Commission is
   empowered to issue delegated act defining the details for the database (e.g. list of the data
   identifying and describing the vessels).
   The EHDB has been first established in 2009 within the PLATINA project (Platform for the
   implementation of NAIADES3) and was operated by a contractor on behalf of the European
   Commission. The project provided a pilot service to the national vessel certification and RIS
   by connecting them and allowing to exchange the information.
   Commission Directive 2013/49/EU4 amending Annex II to Directive 2006/87/EC of the
   European Parliament and of the Council laying down technical requirements for inland
   waterway vessels set up the first legal provisions on the EHDB by requiring Members States
   to enter the data for the identification of the vessel into the database.
   As of 15 March 2016 the EHDB has been migrated into European Commission’s computing
   centres in Luxembourg. It is ensured that the European Commission adheres to the obligations
   for data protection as set out within Regulation (EU) 2018/17255.
   The proposed Delegated Regulation provides the base to adjust the existing EHDB to the
   provisions set up in Directive (EU) 2016/1629.
   1
           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. 118–176
   2
           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. 152–159
   3
           Communication from the Commission - First progress Report on the implementation of the NAIADES
           Action Programme for the promotion of inland waterway transport /* COM/2007/0770 final */
   4
           Commission Directive 2013/49/EU of 11 October 2013 amending Annex II to Directive 2006/87/EC of
           the European Parliament and of the Council laying down technical requirements for inland waterway
           vessels; OJ L 272, 12.10.2013, p. 41–43
   5
           Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
           protection of natural persons with regard to the processing of personal data by the Union institutions,
           bodies, offices and agencies and on the free movement of such data ; OJ L 295, 21.11.2018, p. 39–98
EN                                                        1                                                        EN
 ---pagebreak---    This Delegated Regulation is in line with Article 19 (7) of Directive (EU) 2016/1629 which
   empowers the Commission to adopt delegated acts further specifying the data to be entered in
   the EHDB, the type of access permitted and the instructions regarding the use and operation
   of the database.
   2.         CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
   In accordance with Article 32 of Directive (EU) 2016/1629, before adopting a delegated act,
   the Commission shall consult experts designated by each Member State in accordance with
   principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-
   Making.
   The content of the EHDB was discussed within CESNI6 at an ad hoc meeting of CESNI on 28
   November 2017. At this meeting Member States defined the list of necessary data for the
   vessel which should be collected in the EHDB.
   The draft of the delegated act was presented at the meeting of the Commission's expert group
   on technical requirements for inland waterway vessels on 24 May 2018. The Expert Group
   gave support to the draft delegated act prepared by the Commission. The experts provided
   also comments and remarks on the draft. All remarks were included in the draft of the
   delegated act.
   In addition, stakeholders’ comments on the draft Delegated Regulation were collected in the
   context of the Better Regulation feedback mechanism during the period between 26 August
   and 23 September 2019. Five feedbacks were received in total. One comment was received
   from the citizen and four of them came from Members of the Commission expert on technical
   requirements for inland waterway vessels, which was again consulted in parallel to the online
   public consultation. The comments received were wherever possible integrated to the final
   draft, especially requests for clarification.
   3.         LEGAL ELEMENTS OF THE DELEGATED ACT
   In accordance with Article 19 (7) of Directive (EU) 2016/1629 the delegated act specifies the
   data to be entered in the database by Member States, the types of access permitted, taking into
   account the categories of the recipients of data and the purposes for which such data are
   processed, the instructions regarding the use and operation of the database.
   The data can be only processed by the competent authorities of the Member States,
   Contracting parties to the Revised Convention for Rhine Navigation and third countries that
   are entrusted with the tasks related to the application of Directive (EU) 2016/1629 and of
   Directive 2005/44/EC. These competent authorities have a full access to the EHDB.
   The provisions of the delegated act foresee also limited access to the EHDB (read-only
   access) for those national authorities that are responsible for waterway traffic and
   infrastructure management, maintaining or enforcing safety of navigation and collecting
   statistical data.
   In order to have an access to the EHDB, it will be necessary to create an account through the
   database. The account will be validated by a single contact point for the EHDB designated in
   6
            CESNI - European Committee for drawing up Standards in Inland Navigation, acting under the auspices
            of the Central Commission for Navigation on the Rhine (CCNR) and open to experts from all Member
            States, is responsible for drawing up the technical standards in the field of inland navigation to which
            reference should be made by the Union.
EN                                                         2                                                         EN
 ---pagebreak---    each Member State, as well as in the contracting parties to the Revised Convention for Rhine
   Navigation.
   The delegated act is composed of a main body (7 articles) and annexes.
   Article 1 defines subject matter and scope of the delegated act.
   Article 2 refers to Annex 1 which provide the list of data for the identification of a craft which
   should be submitted to the EHDB (more detailed explanation in the part related to Annex 1).
   Article 3 provides provisions related to the access to the EHDB and processing data. This
   article defines the competent authorities responsible for accessing the EHDB and processing
   the data into the EHDB.
   Article 4 defines the provisions on read-only access to the database and obligation for the
   competent authorities in this field.
   Articles 5 establishes single contact points for the EHDB. The single contact point serves as a
   connection point for the Commission and other Member States, facilitates the validation of
   the access to the EHDB.
   Annex 1 lists all relevant necessary vessel data that has to be submitted by the competent
   authorities and provides the list of optional vessel data. To ensure the consistency between
   Directive (EU) 2016/1629 and Regulations of the Central Commission for the Navigation of
   the Rhine, the list of data for the vessel, which should be submitted to the EHDB in reference
   to Annex 2 of ES-TRIN standard (list of the minimum set of data for the identification of a
   vessel), has been included.
   Annex 2 defines user profiles and access rights –provides the list of bodies and their access
   rights to the minimum set of data for the identification of a vessel EHDB.
   Annex 3 provides provisions on full access and processing the data in the EHDB.
   Annex 4 provides provisions on read-only access to the EHDB.
   Annex 5 provides description of the functionalities of the EHDB.
EN                                                  3                                                 EN
 ---pagebreak---                      COMMISSION DELEGATED REGULATION (EU) …/...
                                               of 20.1.2020
                                     on the European Hull Data Base
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to 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/EC7, and in particular
   Article 19 (7) thereof,
   Whereas:
   (1)     In order to ensure the smooth application of Directive (EU) 2016/1629 full access
           should be granted to the competent authorities of the Member States, the Contracting
           parties to the Revised Convention for Rhine Navigation and third countries entrusted
           with the tasks related to the application of Directives (EU) 2016/1629 and
           2005/44/EC.
   (2)     Full access allows Member States to cooperate among themselves, as well as with
           third countries, and to coordinate their work with respect to the processing of data
           regarding the crafts entered in the EHDB.
   (3)     Read only access to the EHDB should be provided to other authorities in order to
           perform administrative measures for ensuring waterway traffic and infrastructure
           management, maintaining or enforcing safety of navigation and collecting statistical
           data.
   (4)     To ensure the smooth operation of the EHDB and to facilitate the verification of the
           access requests to the EHDB, Member States, contracting parties to the Revised
           Convention for Rhine Navigation and relevant third countries should designate a
           single contact point.
   (5)     It is appropriate to set out the steps Member States should follow when providing the
           read-only access to the EHDB in order to ensure security of data and the smooth
           operation of the EHDB.
   (6)     High-quality, comparable, up-to-date, reliable and harmonised data on inland
           navigation crafts are needed in order to facilitate the verification of a craft’s present
           and past data and information related to the issued certificates and new applications for
           certificates. Consequently a detailed list of data related to the craft should be set out.
   (7)     The specifications should remain technology-neutral and open to innovative
           Technologies and the once-only and interoperability-by-default principles should
           apply. Due account should be taken of the principles and recommendations set out in
   7
           OJ L 252, 16.9.2016, p. 118
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 ---pagebreak---              the EU eGovernment Action Plan 2016-2020(8) and the European Interoperability
             Framework(9).
   (8)       Whenever the measures provided for in this Regulation entail the processing of
             personal data, it should be carried out in accordance with Union law on the protection
             of personal data, in particular Regulation (EU) 2018/1725(10) with regard to the
             processing by the European Commission and Regulation (EU) 2016/679 of the
             European Parliament and of the Council(11) with regard to the processing by the
             Member States competent authorities.
   (9)       The European Data Protection Supervisor was consulted in accordance with Article 42
             of Regulation (EU) 2018/1725.
   HAS ADOPTED THIS REGULATION:
                                                        Article 1
                                            Subject matter and scope
   This Regulation lays down rules on the collection, processing and access of the data kept in
   the European Hull Data Base (EHDB) referred to in Article 19 of Directive (EU) 2016/1629,
   as well as the types of access permitted and the instructions regarding the use and operation of
   the database.
                                                        Article 2
                                                   Collecting data
   Member States shall enter in the EHDB the data for the identification of a craft referred to in
   Annex 1 to this Regulation.
                                                        Article 3
                           Full access of and processing of the data in the EHDB
   1. The data shall be accessed and processed by the competent authorities of the Member
   States, by the contracting parties to the Revised Convention for Rhine Navigation and by third
   countries entrusted with the tasks related to the application of Directives (EU) 2016/1629 and
   2005/44/EC in order to support the implementation of administrative measures for
   maintaining safety and ease of navigation and to ensure application of Directive (EU)
   2016/1629.
   8
      EU eGovernment Action Plan 2016-2020 Accelerating the digital transformation of government-
      Communication from the Commission to the European Parliament, the Council, the European Economic and
      Social Committee and the Committee of the Regions (COM/2016/0179 final).
   9
      European Interoperability Framework – Implementation Strategy, Communication form the Commission to the
      European Parliament, the Council, the European Economic and Social Committee and the Committee of the
      Regions (COM(2017)134).
   10
      Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
      protection of natural persons with regard to the processing of personal data by the Union institutions, bodies,
      offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and
      Decision No 1247/2002/EC
   11
      Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of
      natural persons with regard to the processing of personal data and on the free movement of such data, and
      repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
EN                                                          5                                                         EN
 ---pagebreak---    2. Each Member State, contracting party to the Revised Convention for Rhine Navigation and
   third country referred to in paragraph 1 shall notify the Commission the names and addresses
   of the competent authorities referred to in paragraph 1.
   3. Member States shall ensure consistency between the data kept in registers referred to in
   Article 17 of Directive (EU) 2016/1629 and data provided in the EHDB.
   4. Full access to the EHDB shall be granted in accordance with Annex 3 to this Regulation.
                                                Article 4
                                    Read-only access to the EHDB
   1. In order to perform administrative measures for ensuring waterway traffic and
   infrastructure management, maintaining or enforcing safety of navigation and collecting
   statistical data, read-only access to the EHDB may be granted to authorities, other than those
   referred to in Article 3 of Member States, of contracting parties to the Revised Convention for
   Rhine Navigation and of third countries referred to in Article 3(1) of this Regulation.
   2. Each Member State, contracting party to the Revised Convention for Rhine Navigation or
   third country shall notify the Commission of the names and addresses of the bodies referred to
   in paragraph 1, indicating their user profiles in accordance with Annex 2 to this Regulation.
   3. The read-only access to the EHDB shall be granted in accordance with Annex 4 to this
   Regulation.
                                                   Article 5
                                  Single contact point for the EHDB
   1. Each Member State, contracting party to the Revised Convention for Rhine Navigation and
   third country referred to in Article 3 (1) shall designate a single contact point for the
   Commission and other Member States, in order to facilitate the exchange of information on
   the validation of the access in accordance with Articles 3 and 4. Notifications in accordance
   with paragraph (2) of Article 3 and paragraph (2) of Article 4 shall be done by recording the
   relevant information in the EHDB.
   2. The single contact point shall be selected among the competent authorities referred to in
   Article 3 (1) of this Regulation.
   3. Each Member State, contracting party to the Revised Convention for Rhine Navigation and
   third country referred to in Article 3(1) of this Regulation shall notify the Commission the
   names and contact details of the single contact point for the EHDB.
                                                Article 6
                                            Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in
   the Official Journal of the European Union.
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 ---pagebreak---    This Regulation shall be binding in its entirety and directly applicable in all Member States.
   Done at Brussels, 20.1.2020
                                                 For the Commission
                                                 The President
                                                 Ursula von der LEYEN
EN                                                 7                                              EN
 ---documentbreak---       EUROPEAN
      COMMISSION
                           Brussels, 20.1.2020
                           C(2020) 255 final
                           ANNEXES 1 to 5
                 ANNEXES
                   to the
   COMMISSION DELEGATED REGULATION
       on the European Hull Data Base
EN                                             EN
 ---pagebreak---                                                ANNEX 1
                       The data for the identification of a craft
   The list of data for the identification of a vessel as set out in Annex 2 of the applicable
   European Standard laying down Technical Requirements for Inland Navigation vessels shall
   be those referred to in Annex II to Directive (EU) 2016/1629.
                                               ANNEX 2
                                    User profiles and access rights
   1.1.      The Commission shall grant access rights to individual users corresponding to
             the user profiles laid down in Table 1.
   1.2.      The Commission may also grant access to the EHDB to international
             organisations and authorities of a third country, in accordance with Article
             19(5) of Directive (EU) 2016/1629 where the requirements set out in Article 46
             of Regulation (EU) 2018/1725 are fulfilled. User profiles or their access rights
             can be limited following the result of the assessment concerning the level of
             protection of natural persons’personal data.
        User profiles                        Definition                       Access rights
   Technical               Competent authority or inspection body for          Full access
   Certification           the issuance of the Union inland navigation
   Authority               certificates in accordance with Article 6 of
                           Directive (EU) 2016/1629
                           Or
                           Inspection body for the issuance of
                           certificate pursuant to Article 22 of the
                           Revised Convention for Rhine Navigation
                           Or
                           Similar competent authority of third
                           countries that is entrusted with tasks
                           related to the application of Directive (EU)
                           2016/1629
                           Or
                           Competent authority for the issuance of the
                           unique European vessel identification
                           number in accordance with Article 18 of
                           Directive (EU) 2016/1629
   RIS Authority           Competent authority for the RIS              Full access (limited to
                           application and for the international        the application of
                           exchange of data in accordance with          Directive 2005/44/EC)
                           Article 8 of Directive 2005/44/EC
                           Or
                           Organisation assigned or contracted to
                           operate the RIS-System and to provide
                           RIS-Services as defined in Directive
                           2005/44/EC
   Statistic office        National or international offices in charge  Read-only access to be
EN                                                  2                                           EN
 ---pagebreak---                            of collecting statistical data.                determined following the
                                                                          result of the assessment
                                                                          concerning the level of
                                                                          protection of natural
                                                                          persons’ personal data
   International           Authorised users in international              Read-only access to be
   organisations           organisations                                  determined following the
                                                                          result of the assessment
                                                                          concerning the level of
                                                                          protection of natural
                                                                          persons’ personal data
   Other bodies            All bodies ensuring waterway traffic and       Read-only access
                           infrastructure management, as well as
                           maintaining or enforcing safety of
                           navigation, such as:
                           - competent authority for traffic
                           management
                           - lock or bridge operator
                           - rescue and emergency service provider
                           - law enforcement authorities
                           - accident investigation body
   Commission staff        Authorised users                               Provider of the technical
                               (a) in charge of keeping the EHDB or       solution       for      all
                               (b) in charge of inland navigation         functionalities;
                               policies                                   Read-only access
                                               ANNEX 3
                         Full access and processing the data in the EHDB
   1. Validation of full access and process of the data in the EHDB shall be carried out as
   follows:
            (a)   submission of a request through the EHDB for opening an account allowing
                  full access and process of the data;
            (b)   validation shall be done by a relevant single contact point for the EHDB;
            (c)   activation of the account.
   2. The Commission may deactivate the account if the user does not meet requirements of this
   Regulation.
                                               ANNEX 4
                                     Read-only access to the EHDB
   1. Validation of read-only access to the EHDB shall be carried out as follows:
            (a)   submission of a request through the EHDB to open an account allowing read-
                  only access to the database;
            (b)   validation shall be done by a relevant single contact point for the EHDB;
EN                                                   3                                                EN
 ---pagebreak---              (c)    activation of the account.
   2. The Commission may deactivate the account if the user does not meet requirements of this
   Regulation.
   3. The competent authorities are responsible for the regular monitoring and verification of the
   access provided by them to the authorities referred to in Article 4(1).
                                                ANNEX 5
                                       Functionalities
   The following functionalities shall be provided through the EHDB:
   1.        Verification of the vessel’s unique European vessel identification number (ENI) in
             the EHDB:
   The EHDB shall allow competent authorities to check, either on the basis of a ENI or of data
   for the identification of a craft, whether a craft is already registered in the system.
   2.        Consultation of data on certificates of crafts:
   The EHDB shall provide access to data on certificates (issued in accordance with Directive
   (EU) 2016/1629) of crafts and of data for the identification of a craft as made available by the
   national registers.
   3.        Consultation of data on any rejected or pending applications for certificates:
   The EHDB shall provide access to data on status (rejected or pending) on applications for
   certificates in accordance with Directive (EU) 2016/1629.
   4.        Access to a digital copy of a craft’s certificates:
   The EHDB shall provide access to a digital copy of all certificates issued by competent
   authorities in accordance with Directive (EU) 2016/1629.
   5.        Generating statistics:
   The EHDB shall contain features to provide data for authorised users to perform queries for
   statistical purposes.
   6.        Management of user access:
   Users shall access the EHDB through the Commission authentication service (EU Login).
EN                                                   4                                              EN