CELEX: 51995PC0474
Language: en
Date: 1995-10-18
Title: Amended proposal for a COUNCIL DIRECTIVE on the harmonization of the conditions for obtaining national boatmasters' certificates for the carriage of goods and passengers by inland waterway in the Community

COMMISSION OF THE EUROPEAN COMMUNITIES
                                    Brussels, 18.10 1995
                                    COM(95) 474 final
                                    94/0196 (SYN)
                 Amended proposal for a
                 COUNCIL DIRECTIVE
   on the harmonization of the conditions for obtaining
national boatmasters' certificates for the carriage of goods
   and passengers by inland waterway in the Community
(presented by the Commission pursuant to Article 189 a (2)
                    of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                                          Amended proposal for a
                                         COUNCIL DIRECTIVE
                      on the harmonization of the conditions for obtaining
                 national boatmasters' certificates for the carriage of goods
                     and passengers by inland waterway in the Community
                                EXPLANATORY MEMORANDUM
During its part-session on 2 March 1995, the European Parliament approved, subject to
amendments, the proposal for a Council Directive,1 presented by the Commission, on the
harmonization of the conditions for obtaining national boatmasters' certificates for the
carriage of goods and passengers by inland waterway in the Community.
The Commission has accepted all the amendments as they help to improve or clarify the
original text. These amendments concern the second, third and fifth recitals, Article 3(1),
Article 5, Article 7(2), Article 7(3)(c), Article 8(2), Article 9, Article 10 and Article 10a
(new), Chapter A(2)(e) (new) in Annex II, Chapter A(3)(e) (new) in Annex II,
Chapter A(4)(c) (new) in Annex II, Chapter A(5)(d) (new) in Annex II and Chapter B(a) in
Annex II.
The Commission has therefore amended its position as follows:
               Initial proposal                                    Amended proposal
                                             Second recital
Whereas differences in national legislation           Whereas, because of          differences in
relating to the conditions for obtaining              national legislation relating to the
boatmasters' certificates for inland                  conditions for obtaining boatmasters'
navigation may distort competition                    certificates for inland navigation and the
between inland navigation carriers from               need to ensure gradual improvement of the
the various Member States; whereas such               safety requirements for inland navigation,
distortions should be eliminated by                   it is necessary, to avoid distortions in
introducing common provisions in this                 competition, to adopt Community rules for
field at Community level;                             the issue of such certificates:
          O J C 2 8 0 , 6.10.1994, p. 5.
 ---pagebreak---                                            Third recital
Whereas, in accordance with the                      Whereas in order to guarantee the
subsidiarity principle and in order to               necessary uniformity and transparency, the
guarantee the necessary uniformity and               Community should define a model for a
transparency, the Community should                   single national boatmasters' certificate,
define a model for a single national                 mutually recognized by the Member States
boatmasters'       certificate,    mutually          with no exchange obligation, responsibility
recognized by the Member States with no              for the granting of which would lie, in
exchange obligation, responsibility for the          accordance with the subsidiarity principle,
granting of which would lie with the                 with the Member States;
Member States;
                                           Fifth recital
Whereas the main objective of these                  Whereas the main objective of these
common provisions must be to improve                 common provisions must be to improve the
the safety of navigation and the protection          safety of navigation and the protection of
of human life; whereas it is therefore               human life; whereas it is therefore essential
essential that these provisions establish the        that these provisions establish the minimum
minimum requirements            which the            requirements which the applicant must meet
applicant must meet in order to obtain the           in order to obtain the boatmasters'
boatmasters' certificate for inland                  certificate for inland navigation; whereas it
navigation;                                          must be ensured that the examination of
                                                     knowledge and ability by the Member
                                                     States is organized on a uniform basis:
                                            Article 3(1)
1. Directive shall apply to all boatmasters           1. This Directive shall apply to all
of inland waterway vessels: self-propelled           boatmasters of inland waterway vessels:
barges, tugs, pusher craft, barges, pushed           self-propelled barges, tugs, pusher craft,
convoys or side-by-side formations, used             barges, towed barges, pushed barges,
for the transport of goods or passengers.            pushed convoys or side-by-side formations,
                                                     used for the transport of goods or
                                                     passengers.
 ---pagebreak---                                                Article 5
An applicant must be at least 21 years of              An applicant must be at least 21 years of
age in order to obtain a certificate.                  age in order to obtain a certificate.
However, a certificate issued in a Member              However, the Member States retain the
State from the age of 18 shall be                      right to issue a certificate from the age of
recognized by the other Member States                  18. This certificate shall be recognized by
which impose a minimum age of 21 in                    the other Member States which impose a
their territory when the boatmaster reaches            minimum age of 21 in their territory when
the age of 21.                                         the boatmaster reaches the age of 21.
                                              Article 7(2)
2. In order to be taken into account,                  2. In order to be taken into account,
professional experience must be validated              professional experience must be validated
by the competent authority of the Member               by the competent authority of the Member
State through having been entered in a                 State through having been entered in a
personal service record. It may have been              personal service record. It may have been
acquired on any of the Member States'                  acquired on any of the Member States'
waterways. In the case of waterways                    waterways. In the case of waterways which
which have part of their course on                     have part of their course on Community
Community territory, such as the Danube,               territory, such as the Danube, Elbe and
Elbe and Oder, the professional                        Oder, the professional experience acquired
experience acquired on all sections of                 on all sections of these watercourses will be
 these watercourses will be taken into                 taken into consideration.
 consideration.
                                             Article 7(3)(c)
 (c) where the applicant has- passed a                  (c) where the applicant has passed a
 practical examination in sailing a vessel              practical examination in sailing a vessel
 with similar nautical characteristics to that          with similar nautical characteristics to that
 which he or she is intending to sail; in this          which he or she is intending to sail; in this
 case, the competent authority shall                    case, the competent authority shall indicate
 indicate on the boatmasters' certificate that          on the boatmasters' certificate that its
 its validity is restricted until the holder has        validity is restricted to the category of
 acquired four years'               professional        vessel concerned until the holder has
 experience.                                            acquired four years'            professional
                                                        experience.
 ---pagebreak---                                           Article 8(2)
2. Subject to the Commission's consent, a          2. Subject to the Commission's consent, a
Member State may require the boatmaster            Member State may require the boatmaster
to satisfy additional requirements concer-         to satisfy additional requirements concer-
ning knowledge of the local situation for          ning knowledge of the local situation for
navigation of certain waterways, with the          navigation of certain waterways, with the
exception of the waterways of a maritime           exception of the waterways of a maritime
character referred to in Annex II to               character referred to in Annex II to Council
Council Directive 91/672/EEC.                      Directive 91/672/EEC.
Subject to the same reservation, a                 Subject to the same reservation, a
Member State may require the boatmaster            Member State may require the boatmaster
of a passenger vessel, in areas where large        of a passenger vessel, in areas where large
numbers of passengers are transported               numbers of passengers are transported
within a limited radius, to have more               within a limited radius, to have more
detailed professional knowledge of special         detailed professional knowledge of special
provisions relating to passenger safety,           provisions relating to passenger safety,
particularly in the event of accidents, fire        particularly in the event of accidents, fire
or shipwreck.                                       or shipwreck.
                                                    The relevant certificates of competence
                                                    shall be kept together with the boatmaster's
                                                    certificate.
                                            Article 9
 1. In order to be authorized to sail a             1.      For the transport of dangerous
vessel transporting dangerous substances            substances on the Member States'
on the Member States' waterways, the                waterways, not only must the boatmaster
boatmaster, in addition to holding the              hold the said certificate, but he or another
certificate, must also have passed the              crew member must also have passed the
 examination covering professional                  examination covering professional
 knowledge of the subjects referred to in           knowledge of the subjects referred to in
 Chapter "B" of Annex II.                           Chapter "B" of Annex II or hold the
                                                    attestation delivered in accordance with the
 Member States shall recognize the                  specifications of marginals 10315 and
 attestation delivered in accordance with           210315 of the ADNR.
 the specifications of marginal 10170 of the
 ADNR as proof of this knowkedge.
 2. An applicant satisfying the conditions          2. A boatmaster satisfying the conditions
 set out in the previous paragraph shall            set out in the previous paragraph shall have
 have his or her fitness to sail a vessel           his or her fitness to sail a vessel
 transporting dangerous substances attested         transporting dangerous subs Lances attested
 by the competent authority in the form of          by the competent authority in the form of
 an appropriate endorsement on the                  an appropriate endorsement on the
 certificate.                                       certificate.
 ---pagebreak---                                         Article 10
1. In order to be authorized to navigate         1. In order to be authorized to navigate
with the aid of radar, the boatmaster, in        with the aid of radar, the boatmaster, in
addition to holding the certificate, must        addition to holding the certificate, must
also have passed the examination covering        hold a radar navigation certificate for the
professional knowledge of the subjects           Rhine which, like the Rhine navigation
referred to in Chapter "C" of Annex II.          licence (Article 1(5)). is valid for all
                                                 waterways in the Community or have
                                                 passed       the examination       covering
                                                 professional knowledge of the subjects
                                                 referred to in Chapter "C" of Annex II for
                                                 radar navigation on all other parts of the
                                                 Community waterways network.
2. An applicant satisfying the conditions        2. An applicant satisfying the conditions
set out in the previous paragraph shall          set out in the previous paragraph shall have
have his or her fitness to navigate by           his or her fitness to navigate by radar
radar attested by the competent authority        attested by the competent authority in the
in the form of an appropriate endorsement        form of an appropriate endorsement on the
on the certificate.                              certificate.
                                     Article 10a (new)
                                                 For the purpose of harmonizing the subject
                                                 matter and criteria of the examinations, the
                                                 Commission shall see to it that the
                                                 competent authorities in the Member States
                                                 concerned meet at least once a year to
                                                 agree on the examination programme and
                                                 rules.
                                        ANNEX II
                                  Chapter A(2a)(d) (new)
                                                  2a (d) entering and leaving tidal ports:
                                        ANNEX II
                                  Chapter A(3a)(d) (new)
                                                  3a (d) knowledge of ropes, cables, chains
                                                          and closure systems (in particular
                                                          stress and strength).
 ---pagebreak---                                        ANNEX II
                                Chapter A(4a)(b) (new)
                                             4a (b) knowledge of            (hydraulic/
                                                     pneumatic) control mechanisms.
                                       ANNEX II
                                Chapter A(5a)(c) (new)
                                             5a (c) safety measures to be observed.
                                       ANNEX II
                                     Chapter B(a)
CHAPTER B - COMPULSORY                        CHAPTER B - COMPULSORY
ADDITIONAL SUBJECTS FOR THE                   ADDITIONAL SUBJECTS FOR THE
TRANSPORT OF DANGEROUS                        TRANSPORT           OF     DANGEROUS
SUBSTANCES                                    SUBSTANCES
(a) Knowledge of the international rules      (a) Knowledge of the international rules and
and recommendations relating to the           recommendations relating to the transport
transport of dangerous substances by          of dangerous substances by waterway, the
waterway;                                     level of knowledge to be demanded being
                                              comparable to that required               for
                                              international navigation on the Rhine:
 ---pagebreak---  ---pagebreak---                                          i
                                                                    ISSN 0254-1475
                                                             COM(95) 474 final
                                              DOCUMENTS
EN                                                                             07
                                     Catalogue number : CB-CO-95-514-EN-C
                                                              ISBN 92-77-94259-2
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