CELEX: 51988PC0171
Language: en
Date: 1988-04-06
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE RECIPROCAL RECOGNITION OF NATIONAL BOATMASTERS' CERTIFICATES FOR THE CARRIAGE OF GOODS BY INLAND NAVIGATION

7. 5. 88                                 Official Journal of the European Communities                              No C 120/7
                                                                II
                                                        (Preparatory Acts)
                                                   COMMISSION
             Proposal for a Council Directive on the reciprocal recognition of national boatmasters'
                                  certificates for the carriage of goods by inland navigation
                                                       COM(88) 171 final
                               (Submitted by the Commission to the Council on 21 April 1988)
                                                          (88/C 120/10)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                      Article 2
Having regard to the Treaty establishing the European               Subject to the provisions of Article 3 (6), the Rhine navi-
Economic Community, and in particular Article 75                    gation licence for boatmasters issued in accordance with
thereof,                                                            the revised convention for the Navigation of the Rhine
                                                                    shall be valid for all waterways in the Community, with
Having regard to the proposal from the Commission,                  the exception of waterways of a maritime character in
                                                                    the Federal Republic of Germany as indicated in Annex
Having regard       to   the   opinion    of   the   European       II.
Parliament,
Having regard to the opinion of the Economic and                                              Article 3
Social Committee,
                                                                    1.    Without prejudice to the provisions of paragraphs 3
Whereas it is appropriate to work for the establishment             and 4, each Member State shall recognize the validity of
of a uniform boatmasters' certificate for inland                    boatmasters' certificates issued by another Member State
waterways in the Community;                                         for the purposes of navigation on waterways of a
                                                                    maritime character as listed in Group A in Annex I as if
Whereas, pending establishment of such a certificate, it is         it had issued the certificates in question itself.
appropriate, as a first step, with a view to promoting free
navigation on inland waterways in the Community, to                 2.    Without prejudice to the provisions of paragraphs 3
achieve the reciprocal recognition of national boat-                to 6, each Member State shall recognize, with regard to
masters' certificates for the carriage of goods by inland           navigation on inland waterways where the Rhine navi-
waterway;                                                           gation licence is not required and which are not listed in
                                                                    Annex II, the validity of boatmasters' certificates relating
Whereas additional requirements relating to knowledge               to Group B in Annex I issued by another Member State
of local situations may have to be satisfied for the                as if it had issued the certificates in question itself.
purposes of navigation on certain inland waterways,
                                                                    3.    Paragraphs 1 and 2 shall apply only to the extent to
HAS ADOPTED THIS DIRECTIVE:                                         which the boatmasters' certificate is still valid in the
                                                                    Member State of issue.
                           Article 1
For the purposes of this Directive, the general boat-               4.    Paragraphs 1 and 2 shall apply where the holder of
masters' certificates for the carriage of goods by inland           the boatmasters' certificate is at least 21 years old.
waterway, as referred to in Annex I, shall be subdivided
as follows:
                                                                    5.    Recognition by other Member States of the French
                                                                    'Certificat General Categorie A' as indicated in the list in
    Group A:
                                                                    Group B shall be confined to vessels whose length does
    boatmasters' certificates valid for waterways of a              not exceed 60 metres.
    maritime character as indicated in Annex II,
                                                                    6.    Subject to consultation of the Commission and the
    Group B:
                                                                    other Member States, a Member State may require that,
    boatmasters' certificates valid for the other waterways         for the purposes of navigation on certain waterways
    in the Community, with the exception of the Rhine,              other than the waterways of a maritime character as
    including the Lek and the Waal.                                 indicated in Annex II, boatmasters from other Member
 ---pagebreak--- No C 120/8                               Official Journal of the European Communities                                        7. 5. 88
States   satisfy    additional      conditions     concerning                                      Article 5
knowledge of the local situation equivalent to those                    w i        o       , ,, ,                . .       .    .
required for its national boatmasters.                                  ^ ^ r ^ ' o o           L T m 8°0<? " ^ " " 1 ^            ^
                                                                        than 1 July 1988, the laws, regulations and admini-
                                                                        strative provisions necessary to comply with this
                          Article 4                                     Directive. They shall forthwith inform the Commission
                                                                          er
As soon as possible, the Council, acting on a proposal
from the Commission, shall adopt common provisions
concerning the establishment of a Community boat-                                                  Article 6
master's certificate for the carriage of goods by inland
waterway.                                                               This Directive is addressed to the Member States.
                                                               ANNEX I
                       List of national boatmasters* certificates for the carriage of goods by inland waterway
                                                      (Article 1 of the Directive)
             GROUP A.
                  Federal Republic of Germany
                  — 'Schifferpatent' with additional validity for the 'Seeschiffahrtstrassen'       (Binnenschifferpatent-
                      verordnung7. 12. 1981)
                  Kingdom of the Netherlands
                  — 'Groot Vaarbewijs II' (Binnenschepenwet, Staatsblad 1981, nr. 678)
             GROUP B.
                   Federal Republic of Germany
                  — 'Schifferpatent' (Binnenschifferpatentverordnung 7. 12. 1981)
                  French Republic
                  — 'Certificat General de Capacite Categorie A' (Arrete du 3. 6. 1985 Journal Officiel du 28. 6. 1985)
                  — 'Certificat special de Capacite Categorie CP' (Arrete du 3. 6. 1985 Journal Officiel du 28. 6. 1985)
                   Kingdom of the Netherlands
                  — 'Groot Vaarbewijs P (Binnenschepenwet, Staatsblad 1981, nr. 678)
                                                               ANNEX II
                                              List of waterways of a maritime character
                                                      (Article 2 of the Directive)
              Federal Republic of Germany
              Zone. 1 and zone 2 of Annex I of the Directive 82/714/EEC.
              Kingdom of the Netherlands
              Dollard, Eems, Waddensea, Ijsselmeer, Eastern and Western Scheldt.