CELEX: 
Language: en
Date: 2016-06-07
Title: Position of the Council at first reading with a view to the adoption of a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC

Council of the
                 European Union
                                                           Brussels, 7 June 2016
                                                           (OR. en)
                                                           7532/1/16
       Interinstitutional File:                            REV 1 (bg,cs,da,de,en,es,et,fi,fr,hr,hu,it,lt,lv,
                                                           mt,nl,pl,pt,ro,sk,sl,sv)
          2013/0302 (COD)
                                                           TRANS 93
                                                           MAR 105
                                                           CODEC 370
LEGISLATIVE ACTS AND OTHER INSTRUMENTS
Subject:            Position of the Council at first reading with a view to the adoption of a
                    DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
                    laying down technical requirements for inland waterway vessels, amending
                    Directive 2009/100/EC and repealing Directive 2006/87/EC
7532/1/16 REV 1                                                         RZ/kp
                                              DGE 2                                           EN
 ---pagebreak---                                       DIRECTIVE (EU) 2016/…
                OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
                                                  of …
                 laying down technical requirements for inland waterway vessels,
              amending Directive 2009/100/EC and repealing Directive 2006/87/EC
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 91(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee 1,
Having regard to the opinion of the Committee of the Regions 2,
Acting in accordance with the ordinary legislative procedure 3,
1
        OJ C 177, 11.6.2014, p. 58.
2
        OJ C 126, 26.4.2014, p. 48.
3
        Position of the European Parliament of … [(OJ …)/(not yet published in the Official
        Journal)] and position of the Council at first reading of … [(OJ …)/(not yet published in the
        Official Journal)]. Position of the European Parliament of ….
7532/1/16 REV 1                                                             RZ/kp                    1
                                                  DGE 2                                          EN
 ---pagebreak--- Whereas:
(1)      Directive 2006/87/EC of the European Parliament and of the Council 1 establishes
         harmonised conditions for issuing technical certificates for inland waterway vessels
         throughout the Union's inland waterways.
(2)      The technical requirements for vessels navigating on the Rhine river are established by the
         Central Commission for Navigation on the Rhine (CCNR).
(3)      The technical requirements set out in the Annexes to Directive 2006/87/EC incorporate
         most of the provisions laid down in the Rhine Vessel Inspection Regulations, in the version
         approved in 2004 by the CCNR. The conditions and technical requirements for issuing
         inland navigation certificates under Article 22 of the Revised Convention for Rhine
         Navigation are updated regularly and are recognised as reflecting current technological
         developments.
(4)      Given the different legal frameworks and timeframes for the decision-making procedures,
         it is difficult to maintain the equivalence between the Union inland navigation certificates
         issued pursuant to Directive 2006/87/EC and the certificates issued pursuant to Article 22
         of the Revised Convention for Rhine Navigation. This results in a lack of legal certainty,
         which has a potentially negative impact on navigation safety.
(5)      In order to achieve harmonisation at Union level, and to prevent distortions of competition
         and varying levels of safety, the same technical requirements should be applied to the
         whole of the Union's inland waterways and should be updated regularly.
1
       Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006
       laying down technical requirements for inland waterway vessels and repealing
       Council Directive 82/714/EEC (OJ L 389, 30.12.2006, p. 1).
7532/1/16 REV 1                                                           RZ/kp                       2
                                                  DGE 2                                          EN
 ---pagebreak--- (6)     Since the CCNR has built up significant expertise in developing and updating technical
        requirements for inland navigation vessels, that expertise should be fully used to benefit
        the inland waterways in the Union. A European Committee for drawing up Standards in
        Inland Navigation (CESNI), acting under the auspices of the 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.
(7)     Union inland navigation certificates attesting that craft are fully compliant with the
        technical requirements should be valid on all Union inland waterways.
(8)     There should be greater harmonisation of the conditions for the issuing, by Member States,
        of supplementary Union inland navigation certificates for operations on Zone 1 and 2
        waterways (estuaries) and for operations on Zone 4 waterways.
(9)     In the interest of safety, standards should be harmonised to a high degree and in such a way
        that there is no reduction in safety standards on the Union inland waterways. However,
        Member States should be allowed, after consulting the Commission, to establish specific
        provisions concerning additional or reduced technical requirements for certain zones,
        provided that such measures are limited to the specific subjects set out in Annexes III
        and IV.
7532/1/16 REV 1                                                            RZ/kp                   3
                                                 DGE 2                                          EN
 ---pagebreak--- (10)    While maintaining an adequate level of safety, Member States should have the possibility
        to derogate from this Directive in certain cases related to navigable waterways that are not
        linked to the inland waterways of other Member States or to certain craft that operate
        exclusively on a national waterway. Where such derogations cover all craft navigating in a
        Member State, it would be a disproportionate and unnecessary obligation for that Member
        State to transpose all of the obligations set out in this Directive. Member States cannot
        issue Union inland navigation certificates unless they have transposed the relevant
        obligations under this Directive.
(11)    Derogations from this Directive and recognition of equivalences for specific craft should
        be possible in order to accommodate alternative approaches or to promote innovation or to
        prevent unreasonable costs, provided that equivalent or adequate safety is ensured. In order
        to ensure uniform conditions for the implementation of this Directive, implementing
        powers should be conferred on the Commission concerning such derogations and
        recognitions of equivalences. The Commission should have the possibility to refer to
        recommendations by CESNI on such derogations and recognitions of equivalences. Those
        powers should be exercised in accordance with Regulation (EU) No 182/2011 of the
        European Parliament and of the Council 1.
(12)    For reasons of administrative, technical and economic efficiency, Member States should
        have the possibility to designate competent authorities responsible for ensuring conformity
        with this Directive and its correct application in accordance with their national practices.
1
       Regulation (EU) No 182/2011 of the European Parliament and of the Council of
       16 February 2011 laying down the rules and general principles concerning mechanisms for
       control by Member States of the Commission's exercise of implementing powers (OJ L 55,
       28.2.2011, p. 13).
7532/1/16 REV 1                                                             RZ/kp                    4
                                                DGE 2                                            EN
 ---pagebreak--- (13)    A Union inland navigation certificate should be issued to a craft that passes a technical
        inspection carried out prior to that craft being put into service. This technical inspection
        should be used to check whether the craft complies with the technical requirements set out
        in this Directive. The competent authorities of the Member States should be entitled at any
        time to control such compliance and the availability onboard of a valid inland navigation
        certificate.
(14)    It is appropriate, within certain time-limits and depending on the category of craft
        concerned, to determine the period of validity of Union inland navigation certificates on a
        case-by-case basis.
(15)    In order to maintain a high degree of safety in inland navigation, it is necessary to lay
        down detailed provisions concerning the replacement, renewal, extension of validity and
        issuing of new Union inland navigation certificates.
(16)    To ensure that this Directive is implemented in an efficient manner, information relating to
        inland waterway craft should be entered into the European Hull Data Base (EHDB) for the
        use of competent authorities. The EHDB should in particular provide an option to verify
        the history of any pending applications for certificates and information on all valid
        certificates already issued to the craft in question. The Commission should keep and adapt
        the EHDB so that it can fully serve the application of this Directive.
(17)    The measures set out in Directive 2009/100/EC of the European Parliament and of the
        Council 1 need to remain in force for vessels not covered by this Directive.
1
       Directive 2009/100/EC of the European Parliament and of the Council 16 September 2009
       on reciprocal recognition of navigability licences for inland waterway vessels (OJ L 259,
       2.10.2009, p. 8).
7532/1/16 REV 1                                                             RZ/kp                    5
                                                  DGE 2                                            EN
 ---pagebreak--- (18)    In order to improve the clarity of Union legislation, the scope of Directive 2009/100/EC
        should be adapted to take into account the complementary scope of this Directive and
        developments regarding international agreements. Directive 2009/100/EC should therefore
        be amended.
(19)    A transitional regime should be applied to craft in service not yet carrying a Union inland
        navigation certificate when they undergo a first technical inspection under the revised
        technical requirements established by this Directive.
(20)    For the purposes of better regulation and simplification, it should be possible for this
        Directive to make reference to international standards without duplicating them in the
        Union legal framework.
(21)    CESNI has been established to facilitate harmonisation of technical standards applied in
        the inland waterway sector across Europe. In order to ensure a high level of safety and
        efficiency in inland navigation, to maintain the equivalence of the inland navigation
        certificates and to take into account scientific and technical progress and other
        developments in the sector, the reference to the applicable European Standard laying down
        Technical Requirements for Inland Navigation vessels (ES-TRIN standard) in this
        Directive should be kept up-to-date. Therefore, the power to adopt acts in accordance with
        Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be
        delegated to the Commission in respect of updating the reference to the most recent version
        of the ES-TRIN standard and setting the date of its application.
7532/1/16 REV 1                                                           RZ/kp                     6
                                                DGE 2                                            EN
 ---pagebreak--- (22)    Where duly justified by an appropriate analysis and in the absence of pertinent and up-to-
        date international standards to ensure safety of navigation, or where changes in the
        decision–making process of CESNI would compromise Union interests, the power to adopt
        acts in accordance with Article 290 TFEU should be delegated to the Commission in
        respect of amending, in order to safeguard Union interests, Annex II to this Directive by
        providing appropriate technical requirements.
(23)    In order to amend or supplement certain non-essential elements of this Directive, the power
        to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission
        in respect of the amendment of the classification of a waterway; the further specification of
        the data to be entered in the EHDB, the types of access to as well as the instructions
        regarding the use and operation of that data base; the updating of the minimum technical
        requirements of inland waterways craft, and the amendment of Annexes III and IV to take
        account of scientific and technical progress, of Annex V to update and streamline its
        procedural provisions and of Annex VI to modify the criteria for the recognition of
        classification societies in order to ensure safety of navigation, as well as the amendment of
        any references in this Directive to Annexes II and V made necessary by the adoption of
        delegated acts.
7532/1/16 REV 1                                                            RZ/kp                    7
                                                 DGE 2                                          EN
 ---pagebreak--- (24)    When adopting delegated acts, it is of particular importance that the Commission carry out
        appropriate consultations during its preparatory work, including at expert level and that
        those consultations be conducted in accordance with the principles laid down in the
        Interinstitutional Agreement on Better Law-Making of 13 April 2016 1. In particular, to
        ensure equal participation in the preparation of delegated acts, the European Parliament
        and the Council receive all documents at the same time as Member States' experts, and
        their experts systematically have access to meetings of Commission expert groups dealing
        with the preparation of delegated acts.
(25)    In order to accommodate alternative approaches, to promote innovation, to prevent
        unreasonable costs, to provide for an efficient process for issuing certificates or to take
        account of regional circumstances, implementing powers should be conferred on the
        Commission as regards the authorisation of certain derogations to the technical
        requirements for specific craft, the recognition of classification societies and the approval
        of additional or reduced technical requirements for vessels operating in certain zones
        which are not linked to the navigable inland waterways of another Member State. These
        powers should be exercised in accordance with Regulation (EU) No 182/2011.
(26)    In order to ensure an appropriate framework for coordination and cooperation with
        international organisations competent for inland waterway navigation, in particular the
        CCNR, and the development of uniform technical standards for inland navigation to which
        the Union and international organisations could refer, this Directive should be subject to
        review, particularly as regards the effectiveness of the measures that it introduces, as well
        as the mechanisms for cooperation with international organisations competent for inland
        navigation, with a view to achieving a single, uniform set of technical standards.
1
       OJ L 123, 12.5.2016, p. 1.
7532/1/16 REV 1                                                            RZ/kp                      8
                                                DGE 2                                              EN
 ---pagebreak--- (27)    In Denmark, Estonia, Ireland, Greece, Spain, Cyprus, Latvia, Malta, Portugal, Slovenia and
        Finland, there are no inland waterways, or inland navigation is not used to a significant
        extent. It would therefore be a disproportionate and unnecessary obligation for those
        Member States to transpose and implement this Directive.
(28)    Since the objective of this Directive, namely establishing the technical requirements
        necessary to ensure the safety of craft navigating on the inland waterways of the Union,
        cannot be sufficiently achieved by the Member States but can rather, by reason of its scale
        and effects, be better achieved at Union level, the Union may adopt measures in
        accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on
        European Union. In accordance with the principle of proportionality, as set out in that
        Article, this Directive does not go beyond what is necessary in order to achieve that
        objective.
(29)    Directive 2006/87/EC should therefore be repealed,
HAVE ADOPTED THIS DIRECTIVE:
7532/1/16 REV 1                                                           RZ/kp                     9
                                                DGE 2                                           EN
 ---pagebreak---                                           CHAPTER 1
            SCOPE, DEFINITIONS AND WATERWAY ZONES
                                               Article 1
                                            Subject matter
This Directive establishes:
(a)     the technical requirements necessary to ensure the safety of craft navigating on the inland
        waterways referred to in Article 4; and
(b)     the classification of those inland waterways.
                                               Article 2
                                         Scope of application
1.      This Directive applies to the following craft:
        (a)    vessels having a length (L) of 20 metres or more;
        (b)    vessels for which the product of length (L), breadth (B) and draught (T) is a volume
               of 100 cubic metres or more;
7532/1/16 REV 1                                                          RZ/kp                     10
                                                DGE 2                                            EN
 ---pagebreak---         (c)  tugs and pushers intended for towing or pushing either craft referred to in points (a)
             and (b) or floating equipment, or intended for moving such craft or floating
             equipment alongside;
        (d)  passenger vessels;
        (e)  floating equipment.
2.      This Directive does not apply to:
        (a)  ferries;
        (b)  naval vessels;
        (c)  sea-going ships, including sea-going tugs and pushers, which:
             (i)    operate or are based on tidal waters; or
             (ii)   operate temporarily on inland waterways,
             provided that they carry at least:
             –      a certificate proving conformity with the 1974 International Convention for the
                    Safety of Life at Sea (SOLAS), or equivalent certificate; a certificate proving
                    conformity with the 1966 International Convention on Load Lines, or
                    equivalent, and an international oil pollution prevention (IOPP) certificate
                    proving conformity with the 1973/78 International Convention for the
                    Prevention of Pollution from Ships (MARPOL);
7532/1/16 REV 1                                                          RZ/kp                      11
                                                DGE 2                                            EN
 ---pagebreak---                  –    in case of sea-going ships not covered by SOLAS the 1966 International
                      Convention on Load Lines or MARPOL, the relevant certificates and the
                      freeboard marks required by the laws of their flag states;
                 –    in the case of passenger vessels not covered by any of the Conventions referred
                      to in the first indent, a certificate on safety rules and standards for passenger
                      ships issued in conformity with Directive 2009/45/EC of the European
                      Parliament and of the Council 1; or
                 –    in the case of recreational craft not covered by any of the Conventions referred
                      to in the first indent, a certificate of the country of which it carries the flag,
                      demonstrating an adequate level of safety.
                                                  Article 3
                                                 Definitions
For the purposes of this Directive, the following definitions apply:
(a)      'craft' means a vessel or item of floating equipment;
(b)      'vessel' means an inland waterway vessel or sea-going ship;
(c)      'inland waterway vessel' means a vessel intended solely or mainly for navigation on inland
         waterways;
(d)      'tug' means a vessel specially built to perform towing operations;
1
        Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on
        safety rules and standards for passenger ships (OJ L 163, 25.6.2009, p. 1).
7532/1/16 REV 1                                                                RZ/kp                     12
                                                    DGE 2                                              EN
 ---pagebreak--- (e)     'pusher' means a vessel specially built to propel a pushed convoy;
(f)     'passenger vessel' means a day trip or cabin vessel constructed and equipped to carry more
        than 12 passengers;
(g)     'floating equipment' means a floating installation carrying working gear such as cranes,
        dredging equipment, pile drivers or elevators;
(h)     'floating establishment' means any floating installation not normally intended to be moved,
        such as a swimming bath, dock, jetty or boathouse;
(i)     'floating object' means a raft or other structure, object or assembly capable of navigation,
        not being a vessel or floating equipment or establishment;
(j)     'recreational craft' means a vessel other than a passenger vessel, intended for sport or
        pleasure;
(k)     'high-speed vessel' means a motorised craft capable of reaching speeds over 40 km/h in
        relation to water;
(l)     'water displacement" means the immersed volume of the vessel, in cubic metres;
(m)     'length (L)' means the maximum length of the hull in metres, excluding rudder and
        bowsprit;
(n)     'breadth (B)' means the maximum breadth of the hull in metres, measured to the outer edge
        of the shell plating (excluding paddle wheels, rub rails, and similar);
7532/1/16 REV 1                                                            RZ/kp                     13
                                                 DGE 2                                           EN
 ---pagebreak--- (o)     'draught (T)' means the vertical distance in metres between the lowest point of the hull
        without taking into account the keel or other fixed attachments and the maximum draught
        line;
(p)     'linked inland waterways' means waterways of a Member State connected, by inland
        waterways which can be navigated under national or international law by craft falling
        within the scope of this Directive, to inland waterways of another Member State.
                                                Article 4
                                   Classification of inland waterways
1.      For the purposes of this Directive, the inland waterways of the Union shall be classified as
        follows:
        (a)   Zones 1, 2, 3 and 4:
              (i)    Zones 1 and 2: the waterways listed in Chapter 1 of Annex I;
              (ii)   Zone 3: the waterways listed in Chapter 2 of Annex I;
              (iii) Zone 4: all other inland waterways which can be navigated under national law
                     by craft falling within the scope of this Directive.
        (b)   Zone R: those of the waterways referred to in point (a) for which certificates are to
              be issued in accordance with Article 22 of the Revised Convention for Rhine
              Navigation as that Article is worded on … [date of entry into force of this Directive].
7532/1/16 REV 1                                                           RZ/kp                     14
                                                  DGE 2                                          EN
 ---pagebreak--- 2.      The Commission is empowered to adopt delegated acts in accordance with Article 32
        concerning amendments to Annex I so as to modify the classification of a waterway,
        including the addition and deletion of waterways. Such amendments to Annex I may be
        made only on request by the Member State concerned, for waterways on its territory.
                                          CHAPTER 2
                          NAVIGATION CERTIFICATES
                                                Article 5
                        Compliance with technical and safety requirements
1.      Member States shall ensure that craft referred to in Article 2(1) operating on the Union
        inland waterways referred to in Article 4 are constructed and maintained in accordance
        with the requirements set out in this Directive.
2.      Compliance of a craft with paragraph 1 shall be attested by a certificate issued in
        accordance with this Directive.
                                                Article 6
                                 Union inland navigation certificates
1.      Union inland navigation certificates shall be issued by the competent authorities of the
        Member States in accordance with this Directive. Member States shall, upon issuance of a
        Union inland navigation certificate, verify that the craft in question has not already been
        issued a valid certificate referred to in Article 7.
7532/1/16 REV 1                                                            RZ/kp                    15
                                                  DGE 2                                          EN
 ---pagebreak--- 2.      The Union inland navigation certificate shall be drawn up in accordance with the model
        provided for in Annex II.
3.      Each Member State shall draw up a list indicating the competent authorities for issuing the
        Union inland navigation certificates and shall notify the Commission thereof, including
        any changes to the list. The Commission shall maintain an up-to-date list of competent
        authorities on an appropriate website.
4.      The Union inland navigation certificate shall be issued to craft following a technical
        inspection, carried out before the craft is put into service and intended to check whether the
        craft complies with the technical requirements referred to in Annexes II and V.
5.      Compliance of a craft with the additional requirements referred to in Article 23(1) and (2)
        shall, where appropriate, be checked during the technical inspections provided for in
        paragraph 4 of this Article and in Article 29, or during a technical inspection carried out at
        the request of the owner of the craft or its representative.
6.      The procedures for making a request for an inspection and for establishing the place and
        time of that inspection shall fall within the powers of the competent authorities issuing the
        Union inland navigation certificate. The competent authority shall determine which
        documents are to be submitted. The procedure shall take place in such a way as to ensure
        that the inspection may be conducted within a reasonable period following the lodging of
        the request.
7532/1/16 REV 1                                                            RZ/kp                    16
                                                 DGE 2                                           EN
 ---pagebreak--- 7.       The competent authorities of Member States shall, at the request of the owner of the craft
         or its representative, issue a Union inland navigation certificate to a craft that is not subject
         to this Directive, if that craft fulfils the requirements set out in this Directive.
                                                   Article 7
                                     Obligation to carry a certificate
Craft operating on the Union inland waterways referred to in Article 4 shall carry the following
original documents:
(a)      when operating on a Zone R waterway either:
         –      a certificate issued pursuant to Article 22 of the Revised Convention for Rhine
                Navigation; or
         –      a Union inland navigation certificate attesting to the full compliance of the craft,
                where applicable pursuant to the transitional provisions under Annex II to this
                Directive for craft navigating on the Rhine (Zone R), with technical requirements
                referred to in Annexes II and V to this Directive, for which equivalency with the
                technical requirements laid down in application of the Revised Convention for Rhine
                Navigation has been established in accordance with the applicable rules and
                procedures;
7532/1/16 REV 1                                                                RZ/kp                    17
                                                     DGE 2                                           EN
 ---pagebreak--- (b)     when operating on other waterways, a Union inland navigation certificate or a certificate
        issued pursuant to Article 22 of the Revised Convention for Rhine Navigation, including,
        where applicable, any supplementary Union inland navigation certificates in accordance
        with Article 8 of this Directive.
                                                 Article 8
                         Supplementary Union inland navigation certificates
1.      Craft carrying a valid Union inland navigation certificate or a certificate issued pursuant to
        Article 22 of the Revised Convention for Rhine Navigation shall be provided with a
        supplementary Union inland navigation certificate in accordance with Article 23 of this
        Directive.
2.      The supplementary Union inland navigation certificate shall be drawn up in accordance
        with the model provided for in Annex II and shall be issued by the competent authorities
        under the conditions laid down for the waterways concerned.
                                                 Article 9
                          Provisional Union inland navigation certificates
1.      The competent authorities of Member States may issue a provisional Union inland
        navigation certificate:
        (a)   to craft that intend to travel to a certain place with the permission of the competent
              authority in order to obtain a Union inland navigation certificate;
7532/1/16 REV 1                                                             RZ/kp                    18
                                                  DGE 2                                           EN
 ---pagebreak---         (b)  to craft whose Union inland navigation certificate has been lost, damaged or
             temporarily withdrawn as referred to in Articles 13 and 15 or in Annexes II and V;
        (c)  to craft whose Union inland navigation certificate is being prepared following a
             successful inspection;
        (d)  to craft which have not met all of the conditions required for obtaining a Union
             inland navigation certificate in accordance with Annexes II and V;
        (e)  to craft that are so damaged that they no longer comply with their Union inland
             navigation certificate;
        (f)  to floating establishments or floating objects in cases where the authorities
             responsible for special transport operations have made the authorisation to carry out
             a special transport operation subject to obtaining such a provisional Union inland
             navigation certificate, as provided for by the applicable navigational authority
             regulations of the Member States;
        (g)  to craft benefitting from a derogation from Annexes II and V, in accordance with
             Articles 25 and 26 of this Directive, pending the adoption of the relevant
             implementing acts.
2.      The provisional Union inland navigation certificate shall be issued only where the
        navigability of the craft, floating establishment or floating object appears to have been
        adequately ensured. It shall be drawn up using the model provided for in Annex II.
7532/1/16 REV 1                                                            RZ/kp                   19
                                                 DGE 2                                            EN
 ---pagebreak--- 3.      The provisional Union inland navigation certificate shall include the conditions considered
        necessary by the competent authority and shall be valid:
        (a)   in the cases referred to in points (a), (d), (e) and (f) of paragraph 1, for a single
              specific trip to be made within a suitable period, which shall not exceed one month;
        (b)   in the cases referred to in points (b) and (c) of paragraph 1, for an appropriate
              duration;
        (c)   in the cases referred to in point (g) of paragraph 1, for six months; the provisional
              Union inland navigation certificate may be extended for six months at a time until
              the respective implementing act has been adopted.
                                               Article 10
                           Validity of Union inland navigation certificates
1.      The period of validity of Union inland navigation certificates issued to newly built craft
        shall be determined by the competent authority and shall not exceed:
        (a)   five years in the case of passenger and high-speed vessels;
        (b)   ten years in the case of all other craft.
        The period of validity shall be stated on the Union inland navigation certificate.
7532/1/16 REV 1                                                              RZ/kp                   20
                                                 DGE 2                                              EN
 ---pagebreak--- 2.       In the case of craft already in operation before the technical inspection takes place, the
         competent authority shall set the period of validity of the Union inland navigation
         certificate on a case-by-case basis, in the light of the results of the inspection. However, the
         period of validity shall not exceed the periods set out in paragraph 1.
                                                Article 11
               Exceptional extension of validity of Union inland navigation certificates
The validity of a Union inland navigation certificate may be exceptionally extended without a
technical inspection for not more than six months in accordance with Annexes II and V, by the
competent authority which issued or renewed it. The extension shall be indicated on that certificate.
                                                Article 12
                            Renewal of Union inland navigation certificates
1.       The Union inland navigation certificate shall be renewed on expiry of its period of validity
         in accordance with the conditions laid down in Article 6, following a technical inspection o
         check whether the craft complies with the technical requirements referred to in Annexes II
         and V. Union inland navigation certificates may be renewed by any competent authority
         that has been notified to the Commission pursuant to Article 6(3).
2.       Where Union inland navigation certificates are renewed, the transitional provisions
         provided for in Annex II shall apply to the craft under the conditions specified in that
         Annex.
7532/1/16 REV 1                                                               RZ/kp                    21
                                                  DGE 2                                            EN
 ---pagebreak---                                                  Article 13
                          Replacement of Union inland navigation certificates
Each Member State shall lay down the conditions under which a valid Union inland navigation
certificate which has been lost or damaged may be replaced. Those conditions shall require craft
applying for replacement, in the case of loss, to provide a declaration of the loss of the certificate, or
in the case of damage, to return the damaged certificate. The replacement certificate shall state that
it is a duplicate.
                                                 Article 14
                               Major alterations or major repairs of craft
In the event of major alterations or major repairs which affect the craft's compliance with the
technical requirements referred to in Annexes II and V concerning its structural soundness,
navigation, manoeuvrability or special features, that craft shall undergo, prior to any further voyage,
the technical inspection provided for in Article 6.
Following that inspection, the existing Union inland navigation certificate shall be amended to
reflect the altered technical characteristics of the craft or that certificate shall be withdrawn and a
new one issued. If the new certificate is issued in a Member State other than that which issued or
renewed the initial certificate, the competent authority which issued or renewed the certificate shall
be informed accordingly within 30 days from the date of issuance of the new certificate.
7532/1/16 REV 1                                                                 RZ/kp                   22
                                                   DGE 2                                             EN
 ---pagebreak---                                                 Article 15
         Refusal to issue or renew, and withdrawal of, Union inland navigation certificates
1.       Any decision not to issue or renew a Union inland navigation certificate shall state the
         grounds on which it is based. The owner of the craft or its representative shall be notified
         thereof and shall be informed about the appeal procedure and the time-limits applicable in
         the Member State concerned.
2.       Any valid Union inland navigation certificate may be withdrawn by the competent
         authority which issued or renewed it if the craft ceases to comply with the technical
         requirements set out in its certificate.
                                                Article 16
                 Recognition of navigation certificates of craft from third countries
Pending the entry into force of agreements on the mutual recognition of navigation certificates
between the Union and third countries, the competent authorities of a Member State may recognise
the navigation certificates of craft from third countries for navigation within the territory of that
Member State.
7532/1/16 REV 1                                                            RZ/kp                      23
                                                  DGE 2                                             EN
 ---pagebreak---                                               Article 17
                                       Registers of certificates
Member States shall ensure that their competent authorities keep a register of all certificates they
have issued or renewed pursuant to Articles 6, 8, 9 and 12. That register shall include the
information contained in the model certificate provided for in Annex II.
                                         CHAPTER 3
     VESSEL IDENTIFICATION, INSPECTIONS AND ALTERED
                           TECHNICAL REQUIREMENTS
                                              Article 18
                           Unique European Vessel Identification Number
1.       Member States shall ensure that each craft is assigned a Unique European Vessel
         Identification Number (ENI), in accordance with Annexes II and V.
2.       Each craft shall have only one ENI, which shall remain unchanged during its entire
         lifetime.
3.       When issuing a Union inland navigation certificate, the competent authority shall include
         the ENI therein.
7532/1/16 REV 1                                                           RZ/kp                      24
                                               DGE 2                                               EN
 ---pagebreak--- 4.      Each Member State shall draw up a list indicating the competent authorities responsible for
        assigning ENI and shall notify the Commission thereof, as well as any changes to the list.
        The Commission shall maintain an up-to-date list of competent authorities on an
        appropriate website.
                                             Article 19
                                      European Hull Data Base
1.      The Commission shall keep the EHDB in order to support administrative measures for
        maintaining safety and ease of navigation and to ensure application of this Directive.
        Any processing of personal data by the Member States shall be carried out in accordance
        with Union law on the protection of personal data, in particular Regulation (EU) 2016/…
        of the European Parliament and of the Council 1*.
        Any processing of personal data by the Commission shall be carried out in accordance with
        Regulation (EC) No 45/2001 of the European Parliament and of the Council 2.
2.      Member States shall ensure that, for each craft, the competent authorities enter, without
        delay, in the EHDB:
        (a)   the data identifying and describing the craft in accordance with this Directive;
1
       Regulation (EU) 2016/… of the European Parliament and of the Council of … 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 …).
*
       OJ: please insert the reference number of the Regulation in doc. st5419/16 and complete the
       footnote with OJ reference.
2
       Regulation (EC) No 45/2001 of the European Parliament and of the Council of
       18 December 2000 on the protection of individuals with regard to the processing of personal
       data by the Community institutions and bodies and on the free movement of such data
       (OJ L 8, 12.1.2001, p. 1).
7532/1/16 REV 1                                                          RZ/kp                     25
                                               DGE 2                                            EN
 ---pagebreak---         (b)   the data relating to the certificates issued, renewed, replaced and withdrawn, as well
              as the competent authority which issued the certificate, in accordance with this
              Directive;
        (c)   a digital copy of all certificates issued by competent authorities in accordance with
              this Directive;
        (d)   the data on any rejected or pending applications for certificates in accordance with
              this Directive; and
        (e)   any changes to the data referred to in points (a) to (d).
3.      The data referred to in paragraph 2 may be processed by competent authorities of Member
        States, contracting parties to the Revised Convention for Rhine Navigation and third
        countries that are entrusted with tasks related to the application of this Directive and of
        Directive 2005/44/EC of the European Parliament and of the Council 1, for the following
        purposes:
        (a)   applying this Directive and of Directive 2005/44/EC;
        (b)   ensuring waterway traffic and infrastructure management;
        (c)   maintaining or enforcing safety of navigation;
        (d)   collecting statistical data.
1
       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).
7532/1/16 REV 1                                                            RZ/kp                    26
                                                  DGE 2                                           EN
 ---pagebreak--- 4.      The competent authority of a Member State may transfer personal data to a third country or
        international organisation provided that it does so only on a case-by-case basis and that the
        requirements of Regulation (EU) 2016/… *, and in particular those set out in Chapter V
        thereof, are fulfilled. Member States shall ensure that the transfer is necessary for the
        purposes referred to in paragraph 3 of this Article. Member States shall ensure that the
        third country or international organisation does not transfer the data to another third
        country or international organisation unless it is given express written authorisation to do
        so and complies with the conditions specified by the competent authority of the Member
        State.
5.      The Commission may, on a case-by-case basis, transfer personal data or grant access to the
        EHDB to an authority of a third country or international organisation provided that the
        transfer or access is necessary for the purposes referred to in paragraph 3 of this Article,
        and provided the requirements of Article 9 of Regulation (EC) No 45/2001 are fulfilled.
        The Commission shall ensure that the transfer or access is necessary for the purposes
        referred to in paragraph 3 of this Article. The Commission shall ensure that the third
        country or international organisation does not transfer the data to another third country or
        international organisation unless it is given express written authorisation and complies with
        the conditions specified by the Commission.
6.      The competent authority shall ensure that the data related to a craft is deleted from the
        database referred to in paragraph 1 when this craft is scrapped.
*
       OJ: please insert the reference number of the Regulation in doc. st5419/16.
7532/1/16 REV 1                                                           RZ/kp                      27
                                                 DGE 2                                            EN
 ---pagebreak--- 7.      The Commission is empowered to adopt delegated acts in accordance with Article 32
        further specifying:
        (a)    the data to be entered in the database by Member States;
        (b)    the types of access permitted, taking into account the categories of the recipients of
               data and the purposes for which such data are processed referred to in paragraph 3 of
               this Article;
        (c)    the instructions regarding the use and operation of the database, in particular with
               respect to data security measures, encoding and processing of data and
               interconnection of the database with the registers referred to in Article 17.
                                               Article 20
                                 Carrying out of technical inspections
1.      Member States shall ensure that the competent authorities referred to in paragraph 3 carry
        out the initial, periodical, special and voluntary inspections referred to in this Directive.
2.      Those competent authorities may refrain from subjecting the craft in whole or in part to
        technical inspection where it is evident from a valid attestation, issued by a recognised
        classification society in accordance with Article 21, that the craft satisfies, in whole or in
        part, the technical requirements referred to in Annexes II and V.
7532/1/16 REV 1                                                            RZ/kp                       28
                                                  DGE 2                                            EN
 ---pagebreak--- 3.      Each Member State shall draw up a list indicating its competent authorities which are
        responsible for carrying out technical inspections and shall notify the Commission thereof,
        including any changes to the list. The Commission shall maintain an up-to-date list of
        competent authorities and inspection bodies on an appropriate website.
4.      Each Member State shall comply with the specific requirements as regards inspection
        bodies and the request for an inspection, provided for in Annexes II and V.
                                                 Article 21
                                 Recognition of classification societies
1.      The Commission shall adopt implementing acts in order to recognise a classification
        society which meets the criteria listed in Annex VI, or to withdraw recognition, in
        accordance with the procedure set out in paragraphs 2 and 3 of this Article. Those
        implementing acts shall be adopted in accordance with the advisory procedure referred to
        in Article 33(2).
2.      An application for recognition shall be submitted to the Commission by the Member State
        in which the classification society has its headquarters or a subsidiary authorised to issue
        attestations that a craft satisfies the requirements referred to in Annexes II and V in
        accordance with this Directive. This application shall be accompanied by all information
        and documentation needed to check that the criteria for recognition are met.
7532/1/16 REV 1                                                             RZ/kp                    29
                                                   DGE 2                                          EN
 ---pagebreak--- 3.      Any Member State may submit to the Commission a request to withdraw the recognition if
        it considers that a classification society no longer meets the criteria set out in Annex VI.
        The request for withdrawal shall be accompanied by documentary evidence.
4.      The classification societies which, by … [date of entry into force of this Directive], have
        been granted recognition in accordance with Directive 2006/87/EC shall retain their
        recognition.
5.      The Commission shall publish for the first time by … [date of one year after the date of
        entry into force of this Directive], and shall keep updated on an appropriate website, a list
        of the classification societies recognised in accordance with this Article. Member States
        shall communicate to the Commission any changes relating to the names or addresses of
        the classification societies for which they have applied for recognition.
                                               Article 22
                                         Control of compliance
1.      Member States shall ensure that their competent authorities may at any time control
        whether a craft is carrying a valid certificate in accordance with Article 7 and whether it
        satisfies the requirements for the issuance of such a certificate.
        In the case of failure to comply with the requirements, the competent authorities shall take
        appropriate measures in accordance with paragraphs 2 to 5 of this Article. They shall also
        request that the owner of the craft or its representative takes all necessary measures to
        remedy the situation within a time-limit set by the competent authorities.
7532/1/16 REV 1                                                             RZ/kp                    30
                                                 DGE 2                                            EN
 ---pagebreak---         The competent authority which issued the certificate carried on the craft shall be informed
        of such failures within seven days of the control.
2.      Where a valid certificate is not being carried, the craft may be prevented from proceeding
        with its voyage.
3.      If, during the control, the competent authorities find that the craft constitutes a manifest
        danger for the persons on board, the environment or the safety of the navigation, they may
        prevent the craft from proceeding with its voyage until the necessary steps have been taken
        to remedy the situation.
        The competent authorities may also prescribe proportionate measures which will enable
        the craft to proceed safely, where appropriate on termination of its transport operations, to
        a place where it will either be inspected or repaired.
4.      A Member State which has prevented a craft from proceeding with its voyage, or has
        notified the owner of the craft or its representative of its intention to so prevent it if the
        defects found are not corrected, shall inform the competent authority in the Member State
        which issued or last renewed the craft's certificate, within seven days of the decision which
        it has taken or intends to take.
5.      Any decision to interrupt the passage of a craft taken in the implementation of this
        Directive shall state in detail the reasons on which it is based. Such decision shall be
        notified without delay to the party concerned, who shall at the same time be informed of
        the appeal procedures available under the laws in force in the Member State concerned and
        of their time-limits.
7532/1/16 REV 1                                                              RZ/kp                     31
                                                 DGE 2                                                EN
 ---pagebreak---                                               Article 23
                          Altered technical requirements for certain zones
1.      Member States may, where applicable subject to the requirements of the Revised
        Convention for Rhine Navigation, adopt technical requirements additional to those referred
        to in Annexes II and V for craft operating on Zone 1 and 2 waterways within their territory.
        Such additional requirements shall cover only the elements listed in Annex III.
2.      In respect of passenger vessels operating on Zone 3 non-linked inland waterways, each
        Member State may maintain technical requirements in addition to those referred to in
        Annexes II and V. Such additional requirements shall cover only the elements listed in
        Annex III.
3.      Where application of the transitional provisions referred to in Annex II would result in a
        reduction in existing national safety standards, a Member State may disapply those
        transitional provisions in respect of passenger vessels operating on its non-linked inland
        waterways. In such circumstances, the Member State concerned may require that, from
        30 December 2008, such passenger vessels operating on its non-linked inland waterways
        comply fully with the technical requirements referred to in Annexes II and V.
4.      Members State may allow a partial application of the technical requirements or set
        technical requirements which are less stringent than those referred to in Annexes II and V
        in respect of craft operating exclusively on Zone 3 and 4 waterways within its territory.
        The less stringent technical requirements or the partial application of the technical
        requirements shall cover only the elements listed in Annex IV.
7532/1/16 REV 1                                                           RZ/kp                    32
                                                DGE 2                                            EN
 ---pagebreak--- 5.      Where a Member State applies paragraph 1, 2, 3 or 4, it shall notify the Commission
        thereof at least six months before the envisaged date of application. The Commission shall
        inform the other Member States accordingly.
        In the cases referred to in paragraphs 1 and 2 of this Article, the Commission shall adopt
        implementing acts to approve the additional technical requirements. Those implementing
        acts shall be adopted in accordance with the advisory procedure referred to in
        Article 33(2).
6.      Compliance with the altered technical requirements in accordance with paragraphs 1, 2, 3
        and 4 shall be specified in the Union inland navigation certificate or in the supplementary
        Union inland navigation certificate.
                                                Article 24
                               Derogations for certain categories of craft
1.      While maintaining an adequate level of safety, Member States may authorise derogations
        from all or part of this Directive for:
        (a)   craft operating on non-linked inland waterways;
        (b)   craft having a dead weight not exceeding 350 tonnes or craft not intended for the
              carriage of goods and having a water displacement of less than 100 cubic metres,
              which were laid down before 1 January 1950 and which operate exclusively within
              their territory.
7532/1/16 REV 1                                                            RZ/kp                   33
                                                 DGE 2                                          EN
 ---pagebreak--- 2.      Without prejudice to the Revised Convention for Rhine Navigation, Member States may
        authorise, in respect of navigation within their territory, derogations from this Directive for
        craft operating limited journeys of local interest or in harbour areas. The derogations and
        the journeys or areas for which they are valid shall be specified in the craft's certificate.
3.      The Member States shall notify the Commission of the derogations authorised in
        accordance with paragraphs 1 and 2. The Commission shall inform the other Member
        States accordingly.
                                              Article 25
                      Use of new technologies and derogations for specific craft
1.      In order to encourage innovation and the use of new technologies in inland navigation, the
        Commission shall be empowered to adopt implementing acts allowing derogations or
        recognising the equivalence of technical specifications for a specific craft regarding:
        (a)    the issuance of a Union inland navigation certificate recognising the use, or presence,
               on board a craft of other materials, installations or items of equipment, or the
               adoption of arrangements or design aspects other than those included in Annexes II
               and V, provided that an equivalent level of safety is ensured;
        (b)    the issuance of a Union inland navigation certificate for trial purposes for a limited
               period incorporating new technical specifications that derogate from the
               requirements of Annexes II and V, provided that an adequate level of safety is
               ensured.
7532/1/16 REV 1                                                             RZ/kp                     34
                                                DGE 2                                               EN
 ---pagebreak---         Those implementing acts shall be adopted in accordance with the advisory procedure
        referred to in Article 33(2).
2.      The competent authorities of a Member State shall specify any applicable derogations and
        recognitions of equivalences referred to in paragraph 1 in the Union inland navigation
        certificate.
                                             Article 26
                                             Hardship
1.      Following the expiry of transitional provisions to technical requirements laid down in
        Annex II, the Commission may adopt implementing acts allowing derogations from the
        technical requirements laid down in that Annex which were subject to those transitional
        provisions, where those requirements are technically difficult to apply or where their
        application might entail disproportionate costs.
        Those implementing acts shall be adopted in accordance with the advisory procedure
        referred to in Article 33(2).
2.      The competent authorities of a Member State shall specify any applicable derogations
        referred to in paragraph 1 in the Union inland navigation certificate.
7532/1/16 REV 1                                                          RZ/kp                  35
                                               DGE 2                                           EN
 ---pagebreak---                                                Article 27
                                 Register of type-approved equipment
The Commission shall publish on an appropriate website a register of equipment which has been
type-approved in accordance with Annexes II and V.
                                          CHAPTER 4
                                   FINAL PROVISIONS
                                               Article 28
                      Transitional provisions concerning the use of documents
Documents falling within the scope of this Directive and issued by the competent authorities of the
Member States under Directive 2006/87/EC before … [date of the entry into force of this Directive]
shall remain valid until they expire.
7532/1/16 REV 1                                                         RZ/kp                     36
                                                 DGE 2                                         EN
 ---pagebreak---                                                 Article 29
                        Craft excluded from the scope of Directive 82/714/EEC
1.       The Union inland navigation certificate shall be issued to craft excluded from the scope of
         Council Directive 82/714/EEC 1, but covered by this Directive in accordance with
         Article 2(1) of this Directive, following a technical inspection to check whether the craft
         comply with the technical requirements referred to in Annexes II and V to this Directive.
         That technical inspection shall be carried out upon the expiry of the craft's current
         certificate, and in any event no later than 30 December 2018.
2.       Any failure to meet the technical requirements referred to in Annexes II and V shall be
         specified in the Union inland navigation certificate. Provided that the competent authorities
         consider that these shortcomings do not constitute a manifest danger, the craft referred to
         in paragraph 1 of this Article may continue to operate until such time as those components
         or areas of the craft which have been certified as not meeting those requirements are
         replaced or altered, following which those components or areas shall meet the technical
         requirements referred to in Annexes II and V.
3.       The replacement of existing parts with identical parts or parts of an equivalent technology
         and design during routine repairs and maintenance shall not be considered to be a
         replacement or an alteration within the meaning of paragraph 2.
1
       Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for
       inland waterway vessels (OJ L 301, 28.10.1982, p. 1).
7532/1/16 REV 1                                                            RZ/kp                     37
                                                  DGE 2                                          EN
 ---pagebreak--- 4.       Manifest danger within the meaning of paragraph 2 of this Article shall be presumed in
         particular when requirements concerning the structural soundness, navigation or
         manoeuvrability or special features of the craft in accordance with the technical
         requirements referred to in Annexes II and V are affected. Derogations that are provided
         for in the technical requirements referred to in Annexes II and V shall not be identified as
         shortcomings which constitute a manifest danger.
                                               Article 30
                            Transitional provisions concerning temporary
                           requirements pursuant to Directive 2006/87/EC
Temporary requirements adopted in accordance with Article 1.06 of Annex II to
Directive 2006/87/EC shall remain valid until they expire.
                                               Article 31
                                      Adaptation of the Annexes
1.       The Commission shall adopt delegated acts in accordance with Article 32 to adapt Annex
         II to update, without undue delay, the reference to the most recent version of the ES-TRIN
         standard and to set the date of its application.
7532/1/16 REV 1                                                           RZ/kp                     38
                                                  DGE 2                                           EN
 ---pagebreak--- 2.      By way of derogation from paragraph 1, where duly justified by an appropriate analysis
        and in the absence of pertinent and up-to-date international standards to ensure safety of
        navigation or where changes in the decision-making process of CESNI would compromise
        Union interests, the Commission is empowered to adopt delegated acts in accordance with
        Article 32 to amend Annex II to provide appropriate technical requirements.
3.      The Commission is empowered to adopt delegated acts in accordance with Article 32
        concerning the adaptations of Annexes III and IV to scientific and technical progress.
4.      The Commission is empowered to adopt delegated acts in accordance with Article 32
        concerning the adaptations of Annex V to update and streamline administrative provisions.
5.      The Commission is empowered to adopt delegated acts in accordance with Article 32
        concerning the adaptations of Annex VI to amend the criteria for the recognition of
        classification societies to ensure safety of navigation.
6.      The Commission is empowered to adopt delegated acts in accordance with Article 32 in
        order to update the references in this Directive to certain provisions of Annexes II and V in
        order to take into account the amendments brought to these Annexes.
                                               Article 32
                                      Exercise of the delegation
1.      The power to adopt delegated acts is conferred on the Commission subject to the
        conditions laid down in this Article.
7532/1/16 REV 1                                                           RZ/kp                    39
                                                 DGE 2                                          EN
 ---pagebreak--- 2.      The power to adopt delegated acts referred to in Articles 4, 19 and 31 shall be conferred on
        the Commission for a period of five years from … [date of entry into force of this
        Directive]. The Commission shall draw up a report in respect of the delegation of power
        not later than nine months before the end of the five-year period. The delegation of power
        shall be tacitly extended for periods of an identical duration, unless the European
        Parliament or the Council opposes such extension not later than three months before the
        end of each period.
3.      The delegation of power referred to in Articles 4, 19 and 31 may be revoked at any time by
        the European Parliament or by the Council. A decision to revoke shall put an end to the
        delegation of the power specified in that decision. It shall take effect the day following the
        publication of the decision in the Official Journal of the European Union or at a later date
        specified therein. It shall not affect the validity of any delegated acts already in force.
4.      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
        on Better Law-Making of 13 April 2016.
5.      As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the
        European Parliament and to the Council.
7532/1/16 REV 1                                                             RZ/kp                    40
                                                  DGE 2                                             EN
 ---pagebreak--- 6.      A delegated act adopted pursuant to Articles 4, 19 and 31 shall enter into force only if no
        objection has been expressed either by the European Parliament or by the Council within a
        period of two months of notification of that act to the European Parliament and the Council
        or if, before the expiry of that period, the European Parliament and the Council have both
        informed the Commission that they will not object. That period shall be extended by
        two months at the initiative of the European Parliament or of the Council.
                                               Article 33
                                         Committee procedure
1.      The Commission shall be assisted by the Committee established by Article 7 of Council
        Directive 91/672/EEC 1 (hereinafter 'the Committee'). The Committee is a committee
        within the meaning of Regulation (EU) No 182/2011.
2.      Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall
        apply.
        Where the opinion of the committee is to be obtained by written procedure, that procedure
        shall be terminated without result when, within the time-limit for delivery of the opinion,
        the chair of the committee so decides.
1
       Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of
       national boatmasters' certificates for the carriage of goods and passengers by inland
       waterway (OJ L 373, 31.12.1991, p. 29).
7532/1/16 REV 1                                                           RZ/kp                     41
                                                  DGE 2                                          EN
 ---pagebreak---                                                Article 34
                                                 Review
The Commission shall submit, before ... [date of five years after the date of entry into force of this
Directive], a report to the European Parliament and to the Council reviewing the effectiveness of the
measures introduced by this Directive, particularly as regards the harmonisation of technical
requirements and the development of technical standards for inland navigation. The report shall also
review the mechanisms for cooperation with international organisations competent for inland
navigation. The report shall, if appropriate, be accompanied by a legislative proposal to further
streamline cooperation and coordination in establishing standards to which reference can be made
in legal acts of the Union. The Commission shall submit a similar report following any major
developments in inland waterway transport.
                                               Article 35
                                                Penalties
Member States shall lay down the rules on penalties applicable to infringements of the national
provisions adopted pursuant to this Directive and shall take the measures necessary to ensure that
they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
7532/1/16 REV 1                                                           RZ/kp                       42
                                                 DGE 2                                             EN
 ---pagebreak---                                                Article 36
                                Amendment to Directive 2009/100/EC
Directive 2009/100/EC is amended as follows:
(1)    Article 1 is replaced by the following:
         'Article 1
         This Directive applies to vessels used for goods transport on inland waterways and having
         a total dead weight of 20 metric tonnes or more:
         (a)    having a length of less than 20 metres; and
         (b)    for which the product of length (L), breadth (B) and draught (T) is less than 100
                cubic metres.
         This Directive is without prejudice to the Rhine Vessel Inspection Regulations and to the
         European Agreement concerning the International Carriage of Dangerous Goods by Inland
         Waterways (ADN).'.
7532/1/16 REV 1                                                           RZ/kp                    43
                                                 DGE 2                                            EN
 ---pagebreak--- (2)    Article 3 is amended as follows:
        (a)    Paragraph 4 is replaced by the following:
               '4.    Member States may require vessels carrying dangerous goods as defined in the
                      ADN to comply with the requirements laid down in that Agreement. As
                      evidence of this, they may require that the authorisation provided for in that
                      Agreement be produced.';
        (b)    the second subparagraph of paragraph 5 is replaced by the following:
               'Special conditions for the transport of dangerous goods shall be considered fulfilled
               in all Community waterways if the vessels meet the requirements of the ADN.
               Evidence of compliance with those requirements may be provided by the
               authorisation referred to in paragraph 4.'.
                                               Article 37
                                             Transposition
1.      Without prejudice to Article 40, Member States shall bring into force the laws, regulations
        and administrative provisions necessary to comply with this Directive, at the latest by …
        [date of two years after the date of entry into force of this Directive] and which shall apply
        from this date. They shall immediately inform the Commission thereof.
7532/1/16 REV 1                                                            RZ/kp                     44
                                                 DGE 2                                             EN
 ---pagebreak---           When Member States adopt such measures, they shall contain a reference to this Directive
          or be accompanied by such a reference on the occasion of their official publication. The
          methods of making such reference shall be laid down by Member States.
2.        Member States shall communicate to the Commission the text of the measures of national
          law which they adopt in the field covered by this Directive.
3.        Any Member State which, as a result of derogations authorised in accordance with
          Article 24(1) and (2), has no craft subject to this Directive operating on its waterways shall
          not be required to transpose Chapter 2, Article 18(3) and Articles 20 and 21.
                                                Article 38
                                                 Repeal
Directive 2006/87/EC is repealed with effect from … [date of two years after the date of entry into
force of this Directive].
References to the repealed Directive shall be construed as references to this Directive and shall be
read in accordance with the correlation table set out in Annex VII.
                                                Article 39
                                             Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the
Official Journal of the European Union.
7532/1/16 REV 1                                                             RZ/kp                     45
                                                  DGE 2                                             EN
 ---pagebreak---                                             Article 40
                                            Addressees
This Directive is addressed to the Member States except Denmark, Estonia, Ireland, Spain, Greece,
Cyprus, Latvia, Malta, Portugal, Slovenia and Finland.
Done at,
For the European Parliament                              For the Council
The President                                            The President
7532/1/16 REV 1                                                       RZ/kp                    46
                                              DGE 2                                          EN
 ---pagebreak---                                       LIST OF ANNEXES
Annex I:     List of Union inland waterways divided geographically into Zones 1, 2, and 3
Annex II:    Minimum technical requirements applicable to craft on inland waterways of
             Zones 1, 2, 3 and 4
Annex III:   Subjects for possible additional technical requirements applicable to craft on inland
             waterways of Zones 1, 2 and non-linked 3
Annex IV:    Subjects for possible reductions of the technical requirements applicable to craft on
             inland waterways of Zones 3 and 4
Annex V:     Detailed procedural provisions
Annex VI:    Classification societies
Annex VII:   Correlation table
7532/1/16 REV 1                                                        RZ/kp                     47
                                             DGE 2                                            EN
 ---pagebreak---                                                 ANNEX I
                         LIST OF UNION INLAND WATERWAYS DIVIDED
                           GEOGRAPHICALLY INTO ZONES 1, 2 AND 3
CHAPTER 1
Zone 1
Germany
Ems      from a line linking the former Greetsiel lighthouse and the western pier of the port
         entrance at Eemshaven seawards as far as latitude 53° 30' N and longitude 6° 45' E,
         i.e. slightly seawards of the lightering area for dry-cargo carriers in the Alte Ems 1
Poland
The part of Pomorska Bay southward from the line linking NordPerd on Rugen Island and the
lighthouse Niechorze.
The part of Gdańska Bay southward from the line linking the lighthouse Hel and the entrance buoy
to the port of Baltijsk.
1
        In the case of vessels whose home port is elsewhere, account is to be taken of Article 32 of
        the Ems-Dollart Treaty of 8 April 1960 (BGBl. 1963 II, p. 602).
7532/1/16 REV 1                                                             RZ/kp                    1
ANNEX I                                           DGE 2                                          EN
 ---pagebreak--- Sweden
Lake Vänern, bounded in the south by the parallel of latitude through Bastugrunds beacon
Göta älv and Rivöfjorden, bounded in the east by the Älvsborg bridge, in the west by the parallel of
longitude through Gäveskär lighthouse, and in the south by the parallel of latitude through
Smörbådan lighthouse
United Kingdom
SCOTLAND
Blue Mull Sound                 Between Gutcher and Belmont
Yell Sound                      Between Tofts Voe and Ulsta
Sullom Voe                      Within a line from the north-east point of Gluss Island to the
                                northern point of Calback Ness
Dales Voe                       In winter:
                                within a line from the north point of Kebister Ness to the Coast of
                                Breiwick at longitude 1° 10,8' W
Dales Voe                       In summer:
                                as for Lerwick
Lerwick                         In winter:
                                within the area bounded to the northward by a line from Scottle
                                Holm to Scarfi Taing on Bressay and to the southward by a line
                                from Twageos Point Lighthouse to Whalpa Taing on Bressay
7532/1/16 REV 1                                                          RZ/kp                     2
ANNEX I                                       DGE 2                                            EN
 ---pagebreak--- Lerwick            In summer:
                   within the area bounded to the northward by a line from Brim
                   Ness to the north east corner of Inner Score and to the southward
                   by a line from the south end of Ness of Sound to Kirkabisterness
Kirkwall           Between Kirkwall and Rousay not east of a line between Point of
                   Graand (Egilsay) and Galt Ness (Shapinsay) or between Head of
                   Work (Mainland) through Helliar Holm light to the shore of
                   Shapinsay; not north west of the south east tip of Eynhallow
                   Island, not to seaward and a line between the shore on Rousay at
                   59°10,5' N 002° 57,1' W and the shore on Egilsay at 59° 10' N
                   002° 56,4' W
Stromness          To Scapa but not outside Scapa Flow
Scapa Flow         Within an area bounded by lines drawn from Point of Cletts on the
                   island of Hoy to Thomson's Hill triangulation point on the island
                   of Fara and thence to Gibraltar Pier on the island of Flotta; from
                   St Vincent Pier on the island of Flotta to the westernmost point of
                   Calf of Flotta; from the easternmost point of the Calf of Flotta to
                   Needle Point on the island of South Ronaldsay and from the Ness
                   on Mainland to Point of Oxan lighthouse on the island of
                   Graemsay and thence to Bu Point on the island of Hoy; and
                   seaward of Zone 2 waters
Balnakiel Bay      Between Eilean Dubh and A'Chleit
Cromarty Firth     Within a line from North Sutor to Nairn Breakwater and seaward
                   of Zone 2 waters
Inverness          Within a line from North Sutor to Nairn Breakwater and seaward
                   of Zone 2 waters
River Tay — Dundee Within a line from Broughty Castle to Tayport and seaward of
                   Zone 2 waters
7532/1/16 REV 1                                             RZ/kp                      3
ANNEX I                           DGE 2                                            EN
 ---pagebreak--- Firth of Forth and River Forth Within a line from Kirkcaldy to River Portobello and seaward of
                               Zone 2 waters
Solway Firth                   Within a line from Southerness Point to Silloth
Loch Ryan                      Within a line from Finnart's Point to Milleur Point and seaward of
                               Zone 2 waters
The Clyde                      Outer limit:
                               a line from Skipness to a position one mile south of Garroch Head
                               thence to Farland Head
                               Inner limit in winter:
                               a line from Cloch Lighthouse to Dunoon Pier
                               Inner limit in summer:
                               a line from Bogany Point, Isle of Bute to Skelmorlie Castle and a
                               line from Ardlamont Point to the southern extremity of Ettrick
                               Bay inside the Kyles of Bute
                               Note: The above inner summer limit is extended between 5 June
                               and 5 September (both dates inclusive) by a line from a point two
                               miles off the Ayrshire coast at Skelmorlie Castle to Tomont End,
                               Cumbrae, and a line from Portachur Point, Cumbrae to Inner
                               Brigurd Point, Ayrshire
Oban                           Within an area bounded on the north by a line from Dunollie Point
                               Light to Ard na Chruidh and to the south by a line from Rudha
                               Seanach to Ard na Cuile
Kyle of Lochalsh               Through Loch Alsh to the head of Loch Duich
Loch Gairloch                  In winter:
                               none
                               In summer:
                               South of a line running east from Rubha na Moine to Eilan
                               Horrisdale and thence to Rubha nan Eanntag
7532/1/16 REV 1                                                       RZ/kp                      4
ANNEX I                                       DGE 2                                          EN
 ---pagebreak--- NORTHERN IRELAND
Belfast Lough        In winter:
                     none
                     In summer:
                     within a line from Carrickfergus to Bangor
                     and seaward of Zone 2 waters
Loch Neagh           At a greater distance than 2 miles from the shore
EAST COAST OF
ENGLAND
River Humber         In winter:
                     within a line from New Holland to Paull
                     In summer:
                     within a line from Cleethorpes Pier to Patrington Church
                     and seaward of Zone 2 waters
WALES AND WEST COAST
OF ENGLAND
River Severn         In winter:
                     within a line from Blacknore Point to Caldicot Pill, Portskewett
                     In summer:
                     within a line from Barry Dock Pier to Steepholm and thence to
                     Brean Down
                     and seaward of Zone 2 waters
7532/1/16 REV 1                                             RZ/kp                     5
ANNEX I                            DGE 2                                          EN
 ---pagebreak--- River Wye       In winter:
                within a line from Blacknore Point to Caldicot Pill, Portskewett
                In summer:
                within a line from Barry Dock Pier to Steepholm and thence to
                Brean Down
                and seaward of Zone 2 waters
Newport         In winter:
                none
                In summer:
                within a line from Barry Dock Pier to Steepholm and thence to
                Brean Down
                and seaward of Zone 2 waters
Cardiff         In winter:
                none
                In summer:
                within a line from Barry Dock Pier to Steepholm and thence to
                Brean Down
                and seaward of Zone 2 waters
Barry           In winter:
                None
                In summer:
                within a line from Barry Dock Pier to Steepholm and thence to
                Brean Down
                and seaward of Zone 2 waters
Swansea         Within a line joining the seaward ends of the breakwaters
7532/1/16 REV 1                                        RZ/kp                     6
ANNEX I                       DGE 2                                          EN
 ---pagebreak--- Menai Straits         Within the Menai Straits from a line joining Llanddwyn Island
                      Light to Dinas Dinlleu and lines joining the south end of Puffin
                      Island to Trwyn DuPoint and Llanfairfechan Railway Station, and
                      seaward of Zone 2 waters
River Dee             In winter:
                      within a line from Hilbre Point to Point of Air
                      In summer:
                      within a line from Formby Point to Point of Air
                      and seaward of Zone 2 waters
River Mersey          In winter:
                      None
                      In summer:
                      within a line from Formby Point to Point of Air
                      and seaward of Zone 2 waters
Preston and Southport Within a line from Southport to Blackpool inside the banks
                      and seaward of Zone 2 waters
Fleetwood             In winter:
                      None
                      In summer:
                      within a line from Rossal Point to Humphrey Head
                      and seaward of Zone 2 waters
River Lune            In winter:
                      None
                      In summer:
                      within a line from Rossal Point to Humphrey Head
                      and seaward of Zone 2 waters
7532/1/16 REV 1                                              RZ/kp                     7
ANNEX I                             DGE 2                                           EN
 ---pagebreak--- Heysham                      In winter:
                             None
                             In summer:
                             within a line from Rossal Point to Humphrey Head
Morecambe                    In winter:
                             None
                             In the summer:
                             from within a line from Rossal Point to Humphrey Head
Workington                   Within a line from Southerness Point to Silloth
                             and seaward of Zone 2 waters
SOUTH OF ENGLAND
River Colne, Colchester      In winter:
                             within a line from Colne Point to Whitstable
                             In summer:
                             within a line from Clacton Pier to Reculvers
River Blackwater             In winter:
                             within a line from Colne Point to Whitstable
                             In summer:
                             within a line from Clacton Pier to Reculvers
                             and seaward of Zone 2 waters
River Crouch and River Roach In winter:
                             within a line from Colne Point to Whitstable
                             In summer:
                             within a line from Clacton Pier to Reculvers
                             and seaward of Zone 2 waters
7532/1/16 REV 1                                                     RZ/kp            8
ANNEX I                                    DGE 2                                   EN
 ---pagebreak--- River Thames and its       In winter:
tributaries                within a line from Colne Point to Whitstable
                           In summer:
                           within a line from Clacton Pier to Reculvers
                           and seaward of Zone 2 waters
River Medway and the Swale In winter:
                           within a line from Colne Point to Whitstable
                           In summer:
                           within a line from Clacton Pier to Reculvers
                           and seaward of Zone 2 waters
Chichester                 Inside the Isle of Wight within an area bounded by lines drawn
                           between the church spire, West Wittering, to Trinity Church,
                           Bembridge, to the eastward, and the Needles and Hurst Point to
                           the westward
                           and seaward of Zone 2 waters
Langstone Harbour          Inside the Isle of Wight within an area bounded by lines drawn
                           between the church spire, West Wittering, to Trinity Church,
                           Bembridge, to the eastward, and the Needles and Hurst Point to
                           the westward
                           and seaward of Zone 2 waters
Portsmouth                 Inside the Isle of Wight within an area bounded by lines drawn
                           between the church spire, West Wittering, to Trinity Church,
                           Bembridge, to the eastward, and the Needles and Hurst Point to
                           the westward
                           and seaward of Zone 2 waters
7532/1/16 REV 1                                                    RZ/kp                  9
ANNEX I                                   DGE 2                                         EN
 ---pagebreak--- Bembridge, Isle of Wight Inside the Isle of Wight within an area bounded by lines drawn
                         between the church spire, West Wittering, to Trinity Church,
                         Bembridge, to the eastward, and the Needles and Hurst Point to
                         the westward
                         and seaward of Zone 2 waters
Cowes, Isle of Wight     Inside the Isle of Wight within an area bounded by lines drawn
                         between the church spire, West Wittering, to Trinity Church,
                         Bembridge, to the eastward, and the Needles and Hurst Point to
                         the westward
                         and seaward of Zone 2 waters
Southampton              Inside the Isle of Wight within an area bounded by lines drawn
                         between the church spire, West Wittering, to Trinity Church,
                         Bembridge, to the eastward, and the Needles and Hurst Point to
                         the westward
                         and seaward of Zone 2 waters
Beaulieu River           Inside the Isle of Wight within an area bounded by lines drawn
                         between the church spire, West Wittering, to Trinity Church,
                         Bembridge, to the eastward, and the Needles and Hurst Point to
                         the westward
                         and seaward of Zone 2 waters
Keyhaven Lake            Inside the Isle of Wight within an area bounded by lines drawn
                         between the church spire, West Wittering, to Trinity Church,
                         Bembridge, to the eastward, and the Needles and Hurst Point to
                         the westward
                         and seaward of Zone 2 waters
Weymouth                 Within Portland Harbour and between the River Wey and Portland
                         Harbour
Plymouth                 Within a line from Cawsand to Breakwater to Staddon
                         and seaward of Zone 2 waters
7532/1/16 REV 1                                                  RZ/kp                  10
ANNEX I                                 DGE 2                                         EN
 ---pagebreak--- Falmouth          In winter:
                  within a line from St Anthony Head to Rosemullion
                  In summer:
                  within a line from St Anthony Head to Nare Point
                  and seaward of Zone 2 waters
River Camel       Within a line from Stepper Point to Trebetherick Point
                  and seaward of Zone 2 waters
Bridgewater       Within the bar and seaward of Zone 2 waters
River Avon (Avon) In winter:
                  within a line from Blacknore Point to Caldicot Pill, Portskewett
                  In summer:
                  within a line from Barry Pier to Steepholm and thence to Brean
                  Down
                  and seaward of Zone 2 waters
Zone 2
Czech Republic
Dam Lake Lipno
Germany
Ems               From a line across the Ems near the entrance to the port of
                  Papenburg between the former Diemen pumping station and the
                  opening of the dyke at Halte as far as a line linking the former
                  Greetsiel lighthouse and the western pier of the port entrance at
                  Eemshaven
7532/1/16 REV 1                                           RZ/kp                     11
ANNEX I                         DGE 2                                            EN
 ---pagebreak--- Jade                          Inside a line linking the former Schillig cross light and
                              Langwarden church tower
Weser                         From the north-western edge of the railway bridge in Bremen as
                              far as a line linking Langwarden and Cappel church towers,
                              including the Westergate, Rekumer Loch, Rechter Nebenarm and
                              Schweiburg side branches
Elbe with Bütztflether        From the lower limit of the port of Hamburg as far as a line
Süderelbe (from km 0,69 till  linking the Döse beacon and the western edge of the
                              Friedrichskoog dyke (Dieksand), including the Nebenelbe and the
the mouth in the Elbe),
                              Este, Lühe, Schwinge, Oste, Pinnau, Krückau and Stör tributaries
Ruthenstrom (from km 3,75
                              (in each case from the mouth to the barrage)
till the mouth in the Elbe),
Wischhafener Süderelbe (from
km 8,03 till the mouth in the
Elbe)
Meldorfer Bucht               Inside a line linking the western edge of the Friedrichskoog dyke
                              (Dieksand) and the western pier head at Büsum
Eider                         From the mouth of the Gieselau Canal (km 22,64) to the line
                              between the middle of the fortress (Tränke) and the churchtower
                              of Vollerwiek
Gieslau Canal                 From the mouth in the Eider till the the mouth in the Nord-Ostsee
                              Canal
Flensburger Förde             Inside a line linking Kegnäs lighthouse and Birknack and North
                              from the German-Danish border in the Flensburger Förde
Schlei                        Inside a line between the Schleimünde pier heads
Eckernförder Bucht            Inside a line linking Boknis-Eck and the north-eastern point of the
                              mainland near Dänisch Nienhof
Kieler Förde                  Inside a line linking the Bülk lighthouse and the Laboe naval
                              memorial
7532/1/16 REV 1                                                        RZ/kp                   12
ANNEX I                                       DGE 2                                         EN
 ---pagebreak--- Nord-Ostsee-Kanal including From a line linking the pier heads at Brunsbüttel as far as a line
Audorfer See and Schirnauer linking the entry lights at Kiel-Holtenau, including Obereidersee
See                         and Enge, Audorfer See, Borgstedter See and Enge, Schirnauer
                            See, Flemhuder See and the Achterwehrer Canal
Trave                       from the north-western edge of the railway lift bridge in Lübeck
                            with the Pötenitzer Wiek, and the Dassower See as far as a line
                            linking the southern inner and northern outer pier heads at
                            Travemünde
Leda                        From the entrance of the outer harbour of Leer sea lock to the
                            mouth in the Eems
Hunte                       from the port of Oldenburg and from 140 m downstream of the
                            Amalienbrücke in Oldenburg to the mouth in the Weser
Lesum                       From the confluence of the Hamme and Wümme (km 0,00) to the
                            mouth in the Weser
Este                        From the tail water of Buxtehude lock (km 0,25) to the mouth in
                            the Elbe
Lühe                        From the tail water of the Au-Mühle in Horneburg (km 0,00) to
                            the mouth in the Elbe
Schwinge                    From the north edge of the Salztor lock in Stade to the mouth in
                            the Elbe
Oste                        From 210 m above the middleline of the traffic bridge over the
                            Oste barrage (km 69,360) to the mouth in the Elbe
Pinnau                      From the south-western edge of the railway bridge in Pinneberg to
                            the mouth in the Elbe
Krückau                     From the south-western edge of the bridge leading to/from the
                            Wedenkamp in Elmshorn to the mouth in the Elbe
Stör                        From Rensing tide gauge to the mouth in the Elbe
7532/1/16 REV 1                                                     RZ/kp                      13
ANNEX I                                   DGE 2                                             EN
 ---pagebreak--- Freiburger Hafenpriel          From the eastern edge of the sluice in Freiburg an der Elbe as far
                               as the mouth in the Elbe
Wismarbucht, Kirchsee,         Seawards as far as a line between Hoher Wieschendorf Huk and
Breitling, Salzhaff and Wismar Timmendorf light and a line linking Gollwitz light on the island of
port area                      Poel and the southern point of the Wustrow peninsula
Warnow, including the          Downstream of the Mühlendamm from the northern edge of the
Breitling and side branches    Geinitzbrücke in Rostock towards the sea as far as a line linking
                               the northern points of the western and eastern piers in
                               Warnemünde
Waters enclosed by the         Extending seawards between
mainland and the Darß and
                               −    the Zingst peninsula and the island of Bock: as far as latitude
Zingst pensinsulas and the
                                    54° 26' 42' N
islands of Hiddensee and
Rügen (including Stralsund     −    the islands of Bock and Hiddensee: as far as a line linking the
port area)                          northern point of the island of Bock and the southern point of
                                    the island of Hiddensee
                               −    the island of Hiddensee and the island of Rügen (Bug): as far
                                    as a line linking the south-eastern point of Neubessin and
                                    Buger Haken
Kleine Jasmunder Bodden
Greifswalder Bodden            Bodden seawards as far as a line from the eastern point of
                               Thiessower Haken (Südperd) to the eastern point of the island of
                               Ruden and continuing to the northern point of the island of
                               Usedom (54° 10' 37' N, 13° 47' 51' E)
Ryck                           East from the Steinbecker bridge in Greifswald to the linking line
                               over the heads of the jetties
7532/1/16 REV 1                                                         RZ/kp                     14
ANNEX I                                       DGE 2                                            EN
 ---pagebreak--- Waters enclosed by the               Eastwards as far as the border with the Republic of Poland in the
mainland and the island of           Stettiner Haff
Usedom (the Peenestrom,
including Wolgast port area
and Achterwasser, and the
Oder Haff)
Uecker                               From the south-west edge of the traffic bridge in the Uekermünde
                                     to the linking line over he heads of the jetties
Note: In the case of vessels whose home port is in another State, account is to be taken of Article 32
of the Ems-Dollart Treaty of 8 April 1960 (BGBl. 1963 II, p. 602).
France
the Gironde from kilometre point (KP 48,50) to the downstream part of the point of the Ile de
Patiras, to the transversal limit of the sea defined by the line joining the Pointe de Grave to the
Pointe de Suzac;
the Loire from Cordemais (KP 25) to the transversal limit of the sea defined by the line joining the
Pointe de Mindin to the Pointe de Penhoët;
the Seine from the start of the Tancarville Canal to the transversal limit of the sea defined by the
line from Cape Hode, on the right bank, to the point, on the left bank, where the planned dyke meets
the coast below Berville;
the Vilaine from the Arzal Dam to the transversal limit of the sea defined by the line joining the
Pointe du Scal to the Pointe du Moustoir;
Lake Geneva.
7532/1/16 REV 1                                                               RZ/kp                  15
ANNEX I                                            DGE 2                                            EN
 ---pagebreak--- Hungary
Lake Balaton
Netherlands
Dollard
Eems
Waddenzee: including the links with the North Sea
IJsselmeer: including the Markermeer and IJmeer but excluding the Gouwzee
Nieuwe Waterweg and the Scheur
Calland Kanaal west from the Benelux harbour
Hollands Diep
Breeddiep, Beerkanaal and its connected harbours
Haringvliet and Vuile Gat: including the waterways between Goeree-Overflakkee on the one hand
and Voorne-Putten and Hoeksche Waard on the other
Hellegat
Volkerak
7532/1/16 REV 1                                                      RZ/kp                   16
ANNEX I                                       DGE 2                                       EN
 ---pagebreak--- Krammer
Grevelingenmeer and Brouwerschavensche Gat: including all the waterways between
Schouwen-Duiveland and Goeree-Overflakkee
Keten, Mastgat, Zijpe, Krabbenkreek, Eastern Scheldt and Roompot: including the waterways
between Walcheren, Noord-Beveland and Zuid-Beveland on the one hand and
Schouwen-Duiveland and Tholen on the other hand, excluding the Scheldt-Rhine Canal
Scheldt and Western Scheldt and its mouth on the sea: including the waterways between Zeeland
Flanders, on the one hand, and Walcheren and Zuid-Beveland, on the other, excluding the
Scheldt-Rhine Canal
Poland
Lagoon of Szczecin
Lagoon of Kamień
Lagoon of Wisła
Bay of Puck
Włocławski Reservoir
Lake Śniardwy
Lake Niegocin
Lake Mamry
7532/1/16 REV 1                                                        RZ/kp                  17
ANNEX I                                      DGE 2                                         EN
 ---pagebreak--- Sweden
Göta älv, bounded in the east by the Göta älv bridge and in the west by the Älvsborg bridge
United Kingdom
SCOTLAND
Scapa Flow                          Within an area bounded by lines drawn from Wharth on the
                                    island of Flotta to the Martello Tower on South Walls, and from
                                    Point Cletts on the island of Hoy to Thomson's Hill
                                    triangulation point on the island of Fara and thence to Gibraltar
                                    Pier on the island of Flotta
Kyle of Durness                     South of Eilean Dubh
Cromarty Firth                      Within a line between North Sutor and South Sutor
Inverness                           Within a line from Fort George to Chanonry Point
Findhorn Bay                        Within the spit
Aberdeen                            Within a line from South Jetty to Abercromby Jetty
Montrose Basin                      To the west of a line running north-south across the harbour
                                    entrance at Scurdie Ness Lighthouse
River Tay — Dundee                  Within a line from the tidal basin (fish dock), Dundee to Craig
                                    Head, East Newport
Firth of Forth and River Forth      Within the Firth of Forth but not east of the Forth railway
                                    bridge
Dumfries                            Within a line from Airds Point to Scar Point
Loch Ryan                           Within a line from Cairn Point to Kircolm Point
Ayr Harbour                         Inside the Bar
The Clyde                           Above Zone 1 waters
Kyles of Bute                       Between Colintraive and Rhubodach
7532/1/16 REV 1                                                           RZ/kp                     18
ANNEX I                                         DGE 2                                           EN
 ---pagebreak--- Campbeltown Harbour        Within a line from Macringan's Point to Ottercharach Point
Loch Etive                 Within Loch Etive above the Falls of Lora
Loch Leven                 Above the bridge at Ballachulish
Loch Linnhe                North of Corran Point light
Loch Eil                   The whole loch
Caledonian Canal           Lochs Lochy, Oich and Ness
Kyle of Lochalsh           Within Kyle Akin not westward of Eilean Ban Light or
                           eastward of Eileanan Dubha
Loch Carron                Between Stromemore and Strome Ferry
Loch Broom, Ullapool       Within a line from Ullapool Point Light to Aultnaharrie
Kylesku                    Across Loch Cairnbawn in the area between the easternmost
                           point of Garbh Eilean and the westernmost point of Eilean na
                           Rainich
Stornoway Harbour          Within a line from Arnish Point to Sandwick Bay Lighthouse,
                           north-west side
The Sound of Scalpay       Not east of Berry Cove (Scalpay) and not west of Croc a Loin
                           (Harris)
North Harbour, Scalpay and Within one mile from the shore of the Island of Harris
Tarbert Harbour
Loch Awe                   The whole loch
Loch Katrine               The whole loch
Loch Lomond                The whole loch
Loch Tay                   The whole loch
Loch Loyal                 The whole loch
Loch Hope                  The whole loch
Loch Shin                  The whole loch
Loch Assynt                The whole loch
Loch Glascarnoch           The whole loch
7532/1/16 REV 1                                                RZ/kp                    19
ANNEX I                               DGE 2                                          EN
 ---pagebreak--- Loch Fannich           The whole loch
Loch Maree             The whole loch
Loch Gairloch          The whole loch
Loch Monar             The whole loch
Loch Mullardach        The whole loch
Loch Cluanie           The whole loch
Loch Loyne             The whole loch
Loch Garry             The whole loch
Loch Quoich            The whole loch
Loch Arkaig            The whole loch
Loch Morar             The whole loch
Loch Shiel             The whole loch
Loch Earn              The whole loch
Loch Rannoch           The whole loch
Loch Tummel            The whole loch
Loch Ericht            The whole loch
Loch Fionn             The whole loch
Loch Glass             The whole loch
Loch Rimsdale/nan Clar The whole loch
NORTHERN IRELAND
Strangford Lough       Within a line from Cloghy Point to Dogtail Point
Belfast Lough          Within a line from Holywood to Macedon Point
Larne                  Within a line from Larne Pier to the ferry pier on Island Magee
River Bann             From the seaward ends of the breakwaters to Toome Bridge
7532/1/16 REV 1                                             RZ/kp                    20
ANNEX I                           DGE 2                                            EN
 ---pagebreak--- Lough Erne            Upper and Lower Lough Erne
Lough Neagh           Within two miles of the shore
EAST COAST OF ENGLAND
Berwick               Within the breakwaters
Warkworth             Within the breakwaters
Blyth                 Within the Outer Pier Heads
River Tyne            Dunston Staithes to Tyne Pier Heads
River Wear            Fatfield to Sunderland Pier Heads
Seaham                Within the breakwaters
Hartlepool            Within a line from Middleton Jetty to Old Pier Head
                      Within a line joining North Pier Head to South Pier Head
River Tees            Within a line extending due west from Government Jetty to
                      Tees Barrage
Whitby                Within Whitby Pier Heads
River Humber          Within a line from North Ferriby to South Ferriby
Grimsby Dock          Within a line from the West Pier of the Tidal Basin to the East
                      Pier of the Fish Docks, North Quay
Boston                Inside the New Cut
Dutch River           The whole canal
River Hull            Beverley Beck to River Humber
Kielder Water         The whole lake
River Ouse            Below Naburn Lock
River Trent           Below Cromwell Lock
River Wharfe          From the junction with River Ouse to Tadcaster Bridge
Scarborough           Within Scarborough Pier Heads
7532/1/16 REV 1                                            RZ/kp                    21
ANNEX I                           DGE 2                                           EN
 ---pagebreak--- WALES AND WEST COAST
OF ENGLAND
River Severn            North of a line running due west from Sharpness Point (51°
                        43,4' N) to Llanthony and Maisemore Weirs and seaward of
                        Zone 3 waters
River Wye               At Chepstow, north of latitude (51° 38,0' N) to Monmouth
Newport                 North of the overhead power cables crossing at Fifoots Points
Cardiff                 Within a line from South Jetty to Penarth Head
                        and the enclosed waters to the west of Cardiff Bay Barrage
Barry                   Within a line joining the seaward ends of the breakwaters
Port Talbot             Within a line joining the seaward ends of the breakwaters on the
                        River Afran outside enclosed docks
Neath                   Within a line running due North from the seaward end of
                        Baglan Bay Tanker Jetty (51° 37,2' N, 3° 50,5' W)
Llanelli and Burry Port Within an area bounded by a line drawn from Burry Port
                        Western Pier to Whiteford Point
Milford Haven           Within a line from South Hook Point to Thorn Point
Fishguard               Within a line joining the seaward ends of the north and east
                        breakwaters
Cardigan                Within the Narrows at Pen-Yr-Ergyd
Aberystwyth             Within the seaward ends of the breakwaters
Aberdyfi                Within a line from Aberdyfi Railway Station to Twyni Bach
                        Beacon
Barmouth                Within a line from Barmouth Railway Station to Penrhyn Point
Portmadoc               Within a line from Harlech Point to Graig Ddu
7532/1/16 REV 1                                              RZ/kp                    22
ANNEX I                             DGE 2                                           EN
 ---pagebreak--- Holyhead              Within an area bounded by the main breakwater and a line
                      drawn from the head of the breakwater to Brynglas Point,
                      Towyn Bay
Menai Straits         Within the Menai Straits between a line joining Aber Menai
                      Point to Belan Point and a line joining Beaumaris Pier to Pen-y-
                      Coed Point
Conway                Within a line from Mussel Hill to Tremlyd Point
Llandudno             Within the breakwater
Rhyl                  Within the breakwater
River Dee             Above Connah's Quay to Barrelwell Hill water extraction point
River Mersey          Within a line between the Rock Lighthouse and the North West
                      Seaforth Dockbut excluding other docks
Preston and Southport Within a line from Lytham to Southport and within Preston
                      Docks
Fleetwood             Within a line from Low Light to Knott
River Lune            Within a line from Sunderland Point to Chapel Hill up to and
                      including Glasson Dock
Barrow                Within a line joining Haws Point, Isle of Walney to Roa Island
                      Slipway
Whitehaven            Within the breakwater
Workington            Within the breakwater
Maryport              Within the breakwater
Carlisle              Within a line joining Point Carlisle to Torduff
Coniston Water        The whole lake
Derwentwater          The whole lake
Ullswater             The whole lake
Windermere            The whole lake
7532/1/16 REV 1                                             RZ/kp                   23
ANNEX I                          DGE 2                                           EN
 ---pagebreak--- SOUTH OF ENGLAND
Blakeney and Morston Harbour     To the east of a line running south from Blakeney Point to the
and approaches                   entrance of the Stiffkey River
River Orwell and River Stour     River Orwell within a line from Blackmanshead breakwater to
                                 Landguard Point and seaward of Zone 3 waters
River Blackwater                 All waterways within a line from the south-western extremity of
                                 Mersea Island to Sales Point
River Crouch and River Roach     River Crouch within a line from Holliwell Point to Foulness
                                 Point, including the River Roach
River Thames and its tributaries River Thames above a line drawn north/south through the
                                 eastern extremity of Denton Wharf Pier, Gravesend to
                                 Teddington Lock
River Medway and the Swale       River Medway from a line drawn from Garrison Point to the
                                 Grain Tower, to Allington Lock; and the Swale from Whitstable
                                 to the Medway
River Stour (Kent)               River Stour above the mouth to the landing at Flagstaff Reach
Dover Harbour                    Within lines drawn across the east and west entrances to the
                                 Harbour
River Rother                     River Rother above the Tidal Signal Station at Camber to Scots
                                 Float Sluice and to the entrance lock on the River Brede
River Adur and Southwick Canal   Within a line drawn across Shoreham Harbour entrance to
                                 Southwick Canal Lock and to the west end of Tarmac Wharf
River Arun                       River Arun above Littlehampton Pier to Littlehampton Marina
River Ouse (Sussex) Newhaven     River Ouse from a line drawn across Newhaven Harbour
                                 entrance piers to the north end of North Quay
Brighton                         Brighton Marina outer harbour within a line from the southern
                                 end of West Quay to the north end of South Quay
Chichester                       Within a line drawn between Eastoke point and the church
                                 spire, West Wittering and seaward of Zone 3 waters
Langstone Harbour                Within a line drawn between Eastney Point and Gunner Point
7532/1/16 REV 1                                                        RZ/kp                    24
ANNEX I                                      DGE 2                                           EN
 ---pagebreak--- Portsmouth               Within a line drawn across the harbour entrance from Port
                         Blockhouse to the Round Tower
Bembridge, Isle of Wight Within Brading Harbour
Cowes, Isle of Wight     The River Medina within a line from the Breakwater Light on
                         the east bank to the House Light on the west bank
Southampton              Within a line from Calshot Castle to Hook Beacon
Beaulieu River           Within Beaulieu River not eastward of a north/south line
                         through Inchmery House
Keyhaven Lake            Within a line drawn due north from Hurst Point Low Light to
                         Keyhaven Marshes
Christchurch             The Run
Poole                    Within the line of the Chain Ferry between Sandbanks and
                         South Haven Point
Exeter                   Within an east-west line from Warren Point to the Inshore
                         Lifeboat Station opposite Checkstone Ledge
Teignmouth               Within the harbour
River Dart               Within a line from Kettle Point to Battery Point
River Salcombe           Within a line from Splat Point to Limebury Point
Plymouth                 Within a line from Mount Batten Pier to Raveness Point
                         through Drake's Island; the River Yealm within a line from
                         Warren Point to Misery Point
Fowey                    Inside the Harbour
Falmouth                 Within a line from St. Anthony Head to Pendennis Point
River Camel              Within a line from Gun Point to Brea Hill
Rivers Taw and Torridge  Within a line bearing 200° from the lighthouse on Crow Point
                         to the shore at Skern Point
Bridgewater              South of a line running due East from Stert Point (51° 13,0 'N)
River Avon (Avon)        Within a line from Avonmouth Pier to Wharf Point, to Netham
                         Dam
7532/1/16 REV 1                                               RZ/kp                    25
ANNEX I                              DGE 2                                           EN
 ---pagebreak--- CHAPTER 2
Zone 3
Belgium
Maritime Scheldt (downstream of Antwerp open anchorage)
Bulgaria
Danube: from rkm 845,650 to rkm 374,100
Czech Republic
Dam lakes: Brněnská (Kníničky), Jesenice, Nechranice, Orlík, Rozkoš, Slapy, Těrlicko, Žermanice
and Nové Mlýny III
Sandy gravel mining lakes: Ostrožná Nová Ves and Tovačov
Germany
Danube                               From Kelheim (km 2414,72) to the German-Austrian border
                                     at Jochenstein
Rhine with Lampertheimer Altrhein    From the German-Swiss border to the German-Netherlands
(from km 4,75 to the Rijn), Altrhein border
Stockstadt-Erfelden (from km 9,80
to the Rijn)
Elbe (Norderelbe) including          From the mouth of the Elbe-Seiten canal to the lower limit
Süderelbe en Köhlbrand               of the port of Hamburg
Müritz
7532/1/16 REV 1                                                       RZ/kp                    26
ANNEX I                                      DGE 2                                          EN
 ---pagebreak--- France
the Adour from the Bec du Gave to the sea;
the Aulne from the lock at Châteaulin to the transversal limit of the sea defined by the Passage de
Rosnoën;
the Blavet from Pontivy to the Pont du Bonhomme;
the Calais Canal;
the Charente from the bridge at Tonnay-Charente to the transverse limit of the sea defined by the
line passing through the centre of the downstream light on the left bank and through the centre of
the Fort de la Pointe;
the Dordogne from the confluence with the Lidoire to the Bec d'Ambès;
the Garonne from the bridge at Castet en Dorthe to the Bec d'Ambès;
the Gironde from the Bec d'Ambès to the transversal line at KP 48,50 and passing through the
downstream point of the Ile de Patiras;
the Hérault from the port of Bessan to the sea, as far as the upper limit of the tidal foreshore;
the Isle from the confluence with the Dronne to the confluence with the Dordogne;
the Loire from the confluence with the Maine to Cordemais (KP 25);
the Marne from the bridge at Bonneuil (KP 169bis900) and the lock at St Maur to the confluence
with the Seine;
7532/1/16 REV 1                                                            RZ/kp                    27
ANNEX I                                         DGE 2                                             EN
 ---pagebreak--- the Rhine
the Nive from the Haïtze dam at Ustaritz to the confluence with the Adour;
the Oise from Janville lock to the confluence with the Seine;
the Orb from Sérignan to the sea, as far as the upper limit of the tidal foreshore;
the Rhône from the frontier with Switzerland to the sea, with the exception of the Petit Rhône;
the Saône from the Pont de Bourgogne bridge at Chalon-sur-Saône to the confluence with the
Rhône;
the Seine from the lock at Nogent-sur-Seine to the start of the Tancarville Canal;
the Sèvre Niortaise from the lock at Marans at the transverse limit of the sea opposite the
guardhouse to the mouth;
the Somme from the downstream side of the Pont de la Portelette bridge at Abbeville to the viaduct
of the Noyelles to Saint-Valéry-sur-Somme railway;
the Vilaine from Redon (KP 89,345) to the Arzal Dam;
Lake Amance;
Lake Annecy;
Lake Biscarosse;
Lake Bourget;
7532/1/16 REV 1                                                             RZ/kp                28
ANNEX I                                          DGE 2                                          EN
 ---pagebreak--- Lake Carcans;
Lake Cazaux;
Lake Der-Chantecoq;
Lake Guerlédan;
Lake Hourtin;
Lake Lacanau;
Lake Orient;
Lake Pareloup;
Lake Parentis;
Lake Sanguinet;
Lake Serre-Ponçon;
Lake Temple.
Croatia
Danube: from rkm 1 295 + 500 to rkm 1 433 + 100
River Drava: from rkm 0 to rkm 198 + 600
River Sava: from rkm 210 + 800 to rkm 594 + 000
7532/1/16 REV 1                                   RZ/kp  29
ANNEX I                                     DGE 2       EN
 ---pagebreak--- River Kupa: from rkm 0 to rkm 5 + 900
River Una: from rkm 0 to rkm 15
Hungary
Danube: from rkm 1812 to rkm 1433
Danube Moson: from rkm 14 to rkm 0
Danube Szentendre: from rkm 32 to rkm 0
Danube Ráckeve: from rkm 58 to rkm 0
River Tisza: from rkm 685 to rkm 160
River Dráva: from rkm 198 to rkm 70
River Bodrog: from rkm 51 to rkm 0
River Kettős-Körös: from rkm 23 to rkm 0
River Hármas-Körös: from rkm 91 to rkm 0
Channel Sió: from rkm 23 to rkm 0
Lake Velence
Lake Fertő
7532/1/16 REV 1                                RZ/kp  30
ANNEX I                                  DGE 2       EN
 ---pagebreak--- Netherlands
Rhine
Sneekermeer, Koevordermeer, Heegermeer, Fluessen, Slotermeer, Tjeukemeer, Beulakkerwijde,
Belterwijde, Ramsdiep, Ketelmeer, Zwartemeer, Veluwemeer, Eemmeer, Alkmaardermeer,
Gouwzee, Buiten IJ, Afgesloten IJ, Noordzeekanaal, port of IJmuiden, Rotterdam port area, Nieuwe
Maas, Noord, Oude Maas, Beneden Merwede, Nieuwe Merwede, Dordsche Kil, Boven Merwede,
Waal, Bijlandsch Canal, Boven Rijn, Pannersdensch Canal, Geldersche IJssel, Neder Rijn, Lek,
Amsterdam-Rhine-Canal, Veerse Meer, Schelde-Rhine-Canal as far as the mouth in the Volkerak,
Amer, Bergsche Maas, the Meuse below Venlo, Gooimeer, Europort, Calandkanaal (east from the
Benelux harbour), Hartelkanaal
Austria
Danube: from the border with Germany to the border with Slovakia
Inn: from the mouth to the Passau-Ingling Power Station
Traun: from the mouth to km 1,80
Enns: from the mouth to km 2,70
March: to km 6,00
7532/1/16 REV 1                                                       RZ/kp                   31
ANNEX I                                      DGE 2                                          EN
 ---pagebreak--- Poland
–       River Biebrza from the estuary of the Augustowski Channel to the estuary of the
        river Narwia
–       River Brda from the link with the Bydgoski Channel in Bydgoszcz to the estuary of the
        river Wisła
–       River Bug from the estuary of the river Muchawiec to the estuary of the river Narwia
–       Lake Dąbie to the frontier with internal sea waters
–       The Augustowski Channel from the link with the river Biebrza to the State border, together
        with the lakes located along the route of this Channel
–       The Bartnicki Channel from Lake Ruda Woda to Lake Bartężek, together with Lake
        Bartężek
–       The Bydgoski Channel
–       The Elbląski Channel from Lake Druzno to Lake Jeziorak and Lake Szeląg Wielki,
        together with these lakes and the lakes on the route of the Channel, and a byway in the
        direction of Zalewo from Lake Jeziorak to Lake Ewingi, inclusive
–       The Gliwicki Channel together with the Kędzierzyński Channel
–       The Jagielloński Channel from the link with the river Elbląg to the river Nogat
–       The Łączański Channel
7532/1/16 REV 1                                                         RZ/kp                   32
ANNEX I                                        DGE 2                                           EN
 ---pagebreak--- –       The Ślesiński Channel with the lakes located along the route of this Channel and Lake
        Gopło
–       The Żerański Channel
–       River Martwa Wisła from the river Wisła in Przegalina to the frontier with internal sea
        waters
–       River Narew from the estuary of the river Biebrza to the estuary of the river Wisła,
        together with Lake Zegrzyński
–       River Nogat from the river Wisła to the estuary of the Lagoon of Wisła
–       River Noteć (upper) from Lake Gopło to the link with the Górnonotecki Channel and the
        Górnonotecki Channel and River Noteć (lower) from the link of the Bydgoski Channel to
        the estuary to River Warta
–       River Nysa Łużycka from Gubin to the estuary to River Odra
–       River Odra from the town of Racibórz to the link with River Eastern Odra which turns into
        River Regalica from the Klucz-Ustowo Piercing, together with that river and its side-
        branches to Lake Dąbie as well as a byway of River Odra from the Opatowice lock to the
        lock in Wrocław city
–       River Western Odra from a weir in Widuchowa (704,1 km of River Odra) to a border with
        internal sea waters, together with side-branches as well as the Klucz-Ustowo Piercing
        linking River Eastern Odra with River Western Odra
7532/1/16 REV 1                                                          RZ/kp                  33
ANNEX I                                         DGE 2                                          EN
 ---pagebreak--- –       River Parnica and the Parnicki Piercing from River Western Odra to a border with internal
        sea waters
–       River Pisa from Lake Roś to the estuary of River Narew
–       River Szkarpawa from River Wisła to the estuary of the Lagoon of Wisła
–       River Warta from the Ślesińskie Lake to the estuary of River Odra
–       System of Wielkie Jeziora Mazurskie encompassing the lakes linked by the rivers and
        channels constituting a main route from Lake Roś (inclusive) in Pisz to the Węgorzewski
        Channel (inclusive) in Węgorzewo, together with Lakes Seksty, Mikołajskie, Tałty,
        Tałtowisko, Kotek, Szymon, Szymoneckie, Jagodne, Boczne, Tajty, Kisajno, Dargin,
        Łabap, Kirsajty and Święcajty, together with the Giżycki Channel and the Niegociński
        Channel and the Piękna Góra Channel, and a byway of Lake Ryńskie (inclusive) in Ryn to
        Lake Nidzkie (up to 3 km, constituting a border with the 'Lake Nidzkie' nature reserve),
        together with lakes Bełdany, Guzianka Mała and Guzianka Wielka
–       River Wisła from the estuary of River Przemsza to the link with the Łączański Channel as
        well as from the estuary of that Channel in Skawina to the estuary of River Wisła to the
        Bay of Gdańsk, excluding the Włocławski Reservoir
Romania
Danube: from the Serbian–Romanian border (km 1075) to the Black Sea on the Sulina Channel-
branch
7532/1/16 REV 1                                                         RZ/kp                    34
ANNEX I                                       DGE 2                                            EN
 ---pagebreak--- Danube–Black Sea Canal (64,410 km length): from the junction with the Danube river, at km
299,300 of the Danube at Cernavodă (respectively km 64,410 of the Canal), to the Port of Constanta
South–Agigea (km '0' of the Canal)
Poarta Albă–Midia Năvodari Canal (34,600 km length): from the junction with the Danube–Black
Sea Canal at km 29,410 at Poarta Albă (respectively km 27,500 of the Canal) to the Port of Midia
(km '0' of the Canal)
Slovakia
Danube: from rkm 1880,26 to rkm 1708,20
Danube Canal: from rkm 1851,75 to rkm 1811,00
River Váh: from rkm 0,00 to rkm 70,00
River Morava: from rkm 0,00 to rkm 6,00
River Bodrog: from rkm 49,68 to rkm 64,85
Dam lakes: Oravská Priehrada, Liptovská Mara, Zemplínska Šírava
Sweden
Trollhätte canal and Göta älv, from the parallel of latitude through Bastugrunds beacon to the Göta
älv bridge
Lake Mälaren
7532/1/16 REV 1                                                           RZ/kp                   35
ANNEX I                                         DGE 2                                           EN
 ---pagebreak--- The ports of Stockholm, bounded in the northwest by the Lidingö bridge, in the northeast by a line
through the Elfviksgrund lighthouse in bearing 135-315 degrees, and in the south by the Skuru
bridge
Södertälje canal and the ports of Södertälje, bounded in the north by Södertälje lock and in the
south by the parallel of latitude N 59 09,00
United Kingdom
SCOTLAND
Leith (Edinburgh)                 Within the breakwaters
Glasgow                           Strathclyde Loch
Crinan Canal                      Crinan to Ardrishaig
Caledonian Canal                  The canal sections
NORTHERN IRELAND
River Lagan                       Lagan Weir to Stranmillis
EAST OF ENGLAND
River Wear (non-tidal)            Old Railway Bridge, Durham to Prebends Bridge, Durham
River Tees                        Upriver from Tees Barrage
Grimsby Dock                      Inside the locks
Immingham Dock                    Inside the locks
Hull Docks                        Inside the locks
Boston Dock                       Inside the lock gates
Aire and Calder Navigation        Goole Docks to Leeds; junction with Leeds and Liverpool
                                  Canal; Bank Dole Junction to Selby (River Ouse Lock);
                                  Castleford Junction to Wakefield (Falling Lock)
River Ancholme                    Ferriby Sluice to Brigg
7532/1/16 REV 1                                                           RZ/kp                   36
ANNEX I                                           DGE 2                                          EN
 ---pagebreak--- Calder and Hebble Canal Wakefield (Falling Lock) to Broadcut Top Lock
River Foss              From (Blue Bridge) junction with River Ouse to Monk Bridge
Fossdyke Canal          Junction with River Trent to Brayford Pool
Goole Dock              Inside the lock gates
Hornsea Mere            The whole canal
River Hull              From Struncheon Hill Lock to Beverley Beck
Market Weighton Canal   River Humber Lock to Sod Houses Lock
New Junction Canal      The whole canal
River Ouse              From Naburn Lock to Nun Monkton
Sheffield and South     Keadby Lock to Tinsley Lock
Yorkshire Canal
River Trent             Cromwell Lock to Shardlow
River Witham            Boston Sluice to Brayford Poole (Lincoln)
WALES AND WEST OF
ENGLAND
River Severn            Above Llanthony and Maisemore Weirs
River Wye               Above Monmouth
Cardiff                 Roath Park Lake
Port Talbot             Within the enclosed docks
Swansea                 Within the enclosed docks
River Dee               Above Barrelwell Hill water extraction point
River Mersey            The docks (excluding Seaforth Dock)
River Lune              Above Glasson Dock
River Avon (Midland)    Tewkesbury Lock to Evesham
Gloucester              Gloucester City Docks Gloucester/Sharpness Canal
7532/1/16 REV 1                                                 RZ/kp               37
ANNEX I                                 DGE 2                                      EN
 ---pagebreak--- Hollingworth Lake            The whole lake
Manchester Ship Canal        The whole canal and Salford Docks including River Irwell
Pickmere Lake                The whole lake
River Tawe                   Between Sea Barrage/Marina and the Morfa Athletics
                             Stadium
Rudyard Lake                 The whole lake
River Weaver                 Below Northwich
SOUTH OF ENGLAND
River Nene                   Wisbech Cut and River Nene to Dog-in-a-Doublet Lock
River Great Ouse             Kings Lynn Cut and River Great Ouse below West Lynn
                             Road Bridge
Yarmouth                     River Yare Estuary from a line drawn across the ends of the
                             north and south entrance piers, including Breydon Water
Lowestoft                    Lowestoft Harbour below Mutford Lock to a line drawn
                             across the outer harbour entrance piers
Rivers Alde and Ore          Above the entrance to the River Ore to Westrow Point
River Deben                  Above the entrance of the River Deben to Felixstowe Ferry
River Orwell and River Stour From a line drawn from Fagbury Point to Shotley Point on the
                             River Orwell to Ipswich Dock; and from a line drawn
                             north/south through Erwarton Ness on the River Stour to
                             Manningtree
Chelmer & Blackwater Canal Eastward of Beeleigh Lock
River Thames and its         River Thames above Teddington Lock to Oxford
tributaries
River Adur and Southwick     River Adur above the west end of Tarmac Wharf, and within
Canal                        Southwick Canal
River Arun                   River Arun above Littlehampton Marina
River Ouse (Sussex),         River Ouse above the north end of North Quay
Newhaven
7532/1/16 REV 1                                                       RZ/kp                38
ANNEX I                                     DGE 2                                         EN
 ---pagebreak--- Bewl Water        The whole lake
Grafham Water     The whole lake
Rutland Water     The whole lake
Thorpe Park Lake  The whole lake
Chichester        East of a line joining Cobnor Point and Chalkdock Point
Christchurch      Within Christchurch Harbour excluding the Run
Exeter Canal      The whole canal
River Avon (Avon) Bristol City Docks
                  Netham Dam to Pulteney Weir
7532/1/16 REV 1                                            RZ/kp           39
ANNEX I                            DGE 2                                  EN
 ---pagebreak---                                             ANNEX II
                          MINIMUM TECHNICAL REQUIREMENTS
       APPLICABLE TO CRAFT ON INLAND WATERWAYS OF ZONES 1, 2, 3 and 4
The technical requirements applicable to craft are those set out in ES-TRIN standard 2015/1.
7532/1/16 REV 1                                                          RZ/kp                 1
ANNEX II                                        DGE 2                                        EN
 ---pagebreak---                                                ANNEX III
           SUBJECTS FOR POSSIBLE ADDITIONAL TECHNICAL REQUIREMENTS
                      APPLICABLE TO CRAFT ON INLAND WATERWAYS
                                OF ZONES 1, 2 AND NON-LINKED 3
Any additional technical requirements adopted by a Member State under Article 23(1) and (2) of
this Directive for craft operating on that Member State's territory are limited to the following
subjects:
1.        Definitions
          –     Necessary for understanding the additional requirements
2.        Stability
          –     Structure reinforcement
          –     Certificate/attestation by a recognised Classification Society
3.        Safety clearance and freeboard
          –     Freeboard
          –     Safety clearance
7532/1/16 REV 1                                                            RZ/kp                   1
ANNEX III                                         DGE 2                                          EN
 ---pagebreak--- 4.      Watertightness of hull openings and superstructures
        –    Superstructures
        –    Doors
        –    Windows and skylights
        –    Hold hatches
        –    Other openings (ventilation pipes, exhaust pipes, etc.)
5.      Equipment
        –    Anchors and anchor chains
        –    Navigation lights
        –    Sound signals
        –    Compass
        –    Radar
        –    Transmitting and receiving installations
        –    Life-saving equipment
        –    Availability of nautical charts
7532/1/16 REV 1                                                      RZ/kp   2
ANNEX III                                    DGE 2                         EN
 ---pagebreak--- 6.      Additional provisions for passenger vessels
        –    Stability (wind strength, criteria)
        –    Life-saving equipment
        –    Freeboard
        –    Safety clearance
        –    Wheelhouse visibility
7.      Convoys and container transport
        –    Pusher connection craft-lighter
        –    Stability of craft or lighters carrying containers
7532/1/16 REV 1                                                 RZ/kp   3
ANNEX III                                       DGE 2                 EN
 ---pagebreak---                                              ANNEX IV
                            SUBJECTS FOR POSSIBLE REDUCTIONS
                   OF THE TECHNICAL REQUIREMENTS APPLICABLE TO
                    CRAFT ON INLAND WATERWAYS OF ZONES 3 AND 4
Any reduced technical requirements allowed by a Member State under Article 23 (4) of this
Directive for vessels operating exclusively on Zone 3 or Zone 4 waterways on the territory of that
Member State are restricted to the following subjects:
Zone 3
         –     Anchor equipment, including length of anchor chains
         –     (Forward) speed
         –     Collective life-saving appliances
         –     Two-compartment status
         –     Wheelhouse visibility
7532/1/16 REV 1                                                        RZ/kp                       1
ANNEX IV                                        DGE 2                                          EN
 ---pagebreak--- Zone 4
        –   Anchor equipment, including length of anchor chains
        –   (Forward) speed
        –   Life-saving appliances
        –   Two-compartment status
        –   Wheelhouse visibility
        –   Second independent propulsion system
7532/1/16 REV 1                                                 RZ/kp   2
ANNEX IV                                  DGE 2                       EN
 ---pagebreak---                                               ANNEX V
                            DETAILED PROCEDURAL PROVISIONS
                                              Article 2.01
                                          Inspection bodies
1.      Inspection bodies shall be set up by the Member States.
2.      Inspection bodies shall consist of a chairman and experts.
        At least the following shall form part of each body as experts:
        (a)   an official from the administration that is responsible for inland navigation;
        (b)   an expert on the design of inland waterway vessels and their engines;
        (c)   a nautical expert in possession of an inland waterways boatmaster's licence which
              authorises the holder to sail the vessel to be inspected.
3.      The Chairman and the experts within each body shall be designated by the authorities in
        the Member State in which the body is set up. On taking up their duties, the Chairman and
        the experts shall submit a written declaration that they will perform them completely
        independently. No declaration shall be required from officials.
4.      Inspection bodies may be assisted by specialist experts in accordance with the national
        provisions applying.
7532/1/16 REV 1                                                            RZ/kp                 1
ANNEX V                                         DGE 2                                          EN
 ---pagebreak---                                               Article 2.02
                                              (Left empty)
                                              Article 2.03
                                Presentation of the craft for inspection
1.      The owner, or his representative, shall present the craft in an unladen, cleaned and
        equipped state. He shall provide any assistance needed for the inspection, such as
        providing an appropriate dinghy and staff, and uncovering any parts of the hull or fittings
        that are not directly accessible or visible.
2.      The inspection body shall demand a dry inspection on the first occasion. That dry
        inspection may be dispensed with if a classification certificate or a certificate from an
        recognised classification society to the effect that the construction meets its requirements
        can be produced or if a certificate is produced which shows that a competent authority has
        already carried out a dry inspection for other purposes. Where there is a periodical
        inspection or an inspection, as provided for in Article 14 of this Directive, the inspection
        body may require an inspection out of the water.
        The inspection body shall conduct trial runs during an initial inspection of motor vessels or
        convoys or where major changes are made to the propulsion or steering equipment.
3.      The inspection body may require further operational tests and other supporting documents.
        That provision shall also apply during the building of the craft.
7532/1/16 REV 1                                                            RZ/kp                     2
ANNEX V                                          DGE 2                                            EN
 ---pagebreak---                                               Article 2.04
                                              (Left empty)
                                              Article 2.05
                                              (Left empty)
                                              Article 2.06
                                              (Left empty)
                                              Article 2.07
             Particulars in and amendments to the Union inland navigation certificate
1.      The owner of a craft, or his representative, shall bring to the notice of the competent
        authority any change in the name or ownership of a craft, any re-measurement, and any
        change in the registration or home port, and shall send the Union inland navigation
        certificate to that authority for amendment.
2.      Any competent authority may add any information or change to the Union inland
        navigation certificate.
3.      Where a competent authority adds any alteration or information to a Union inland
        navigation certificate, it shall inform the competent authority which issued the Union
        inland navigation certificate thereof.
7532/1/16 REV 1                                                            RZ/kp                  3
ANNEX V                                          DGE 2                                          EN
 ---pagebreak---                                               Article 2.08
                                              (Left empty)
                                              Article 2.09
                                         Periodical inspection
1.      Craft shall be subjected to a periodical inspection before expiry of their Union inland
        navigation certificate.
2.      The competent authority shall again lay down the period of validity of the Union inland
        navigation certificate in accordance with the results of that inspection.
3.      The period of validity shall be entered on the Union inland navigation certificate and be
        brought to the attention of the authority having issued that Union inland navigation
        certificate.
4.      If, rather than have its period of validity extended, a Union inland navigation certificate is
        replaced by a new version, the earlier Union inland navigation certificate shall be returned
        to the competent authority which issued it.
                                              Article 2.10
                                         Voluntary inspection
The owner of a craft, or his representative, may voluntarily request an inspection at any time.
That request for an inspection shall be acted upon.
7532/1/16 REV 1                                                           RZ/kp                        4
ANNEX V                                          DGE 2                                            EN
 ---pagebreak---                                               Article 2.11
                                              (Left empty)
                                              Article 2.12
                                              (Left empty)
                                              Article 2.13
                                              (Left empty)
                                              Article 2.14
                                              (Left empty)
                                              Article 2.15
                                               Expenses
The owner of a craft, or his representative, shall bear all of the costs arising from the inspection of
the craft and the issuance of the Union inland navigation certificate in accordance with a special set
of charges drawn up by each of the Member States.
                                              Article 2.16
                                              Information
The competent authority may allow persons demonstrating a well-founded interest to be informed
of the contents of a Union inland navigation certificate and may issue those persons with extracts or
copies of the Union inland navigation certificates certified as true and designated as such.
7532/1/16 REV 1                                                              RZ/kp                      5
ANNEX V                                          DGE 2                                              EN
 ---pagebreak---                                                Article 2.17
                            Register of Union inland navigation certificates
1.      Competent authorities shall keep the original, or a copy of all the Union inland navigation
        certificates they have issued, and shall enter on these any information and alterations,
        together with any Union inland navigation certificate cancellations and replacements. They
        shall update the register mentioned in Article 17 of this Directive accordingly.
2.      In order to perform administrative measures for maintaining safety and ease of navigation
        and for implementation of Articles 2.02 to 2.15 of this Annex as well as Articles 6, 9, 10,
        13, 14, 15, 20, 21 and 22 of this Directive read-only access to the register in accordance
        with the model set out in Annex II will be granted to competent authorities of other
        Member States, Contracting States of the Mannheim Convention and, as far as an
        equivalent level of privacy is guaranteed, to third countries on the basis of administrative
        agreements.
                                               Article 2.18
                            Unique European Vessel Identification Number
1.      The unique European Vessel Identification Number (ENI) consists of eight Arabic
        numerals according to Annex II to this Directive.
2.      Unless the craft possesses an ENI at the time of issue of the Union inland navigation
        certificate, it shall be assigned to that craft by the competent authority of the Member State
        in which the craft has been registered or has its home port.
7532/1/16 REV 1                                                             RZ/kp                    6
ANNEX V                                           DGE 2                                           EN
 ---pagebreak---         As far as craft from countries where an assignation of an ENI is not possible are
        concerned, the ENI to be entered on the Union inland navigation certificate shall be
        assigned by the competent authority issuing that Union inland navigation certificate.
3.      The owner of a craft, or his representative, shall apply to the competent authority for
        assignment of the ENI. The owner, or his representative, shall also be responsible for
        affixing to the craft the ENI which is entered in the Union inland navigation certificate.
                                            Article 2.19
                                            (Left empty)
                                            Article 2.20
                                            Notifications
1.      Each Member State, or its competent authorities, shall notify the Commission and the other
        Member States or the other competent authorities:
        (a)   of the names and addresses of the technical services which, together with their
              national competent authority are responsible for the application of Annex II;
        (b)   of the data sheet as shown in Annex II on the on board sewage treatment plant types
              for which an approval has been issued since the last notification;
        (c)   of the recognised type approvals for on-board sewage treatment systems based on
              different standards than those laid down in Annex II, for the use on Member States'
              national waterways;
7532/1/16 REV 1                                                           RZ/kp                    7
ANNEX V                                         DGE 2                                            EN
 ---pagebreak---         (d) within one month of any withdrawal of a type approval and of the reasons for such
            withdrawal for on-board sewage treatment systems;
        (e) of any authorised special anchor following an application to reduce anchor mass,
            giving its type designation and authorised reduction of anchor mass. The competent
            authority grants authorisation to the applicant at the earliest three months after
            notifying the Commission provided that the latter does not raise objections;
        (f) of the radar navigation equipment and of the rate-of-turn indicators for which they
            have issued type approval. The relevant notice shall include the type-approval
            number assigned, as well as the type designation, the name of the manufacturer, the
            name of the holder of the type-approval and the date of the type approval;
        (g) of the competent authorities responsible for approval of specialised firms that can do
            the installation, replacement, repair or maintenance of radar navigation equipment
            and rate-of-turn indicators.
7532/1/16 REV 1                                                          RZ/kp                    8
ANNEX V                                       DGE 2                                            EN
 ---pagebreak---                                                 ANNEX VI
                                    CLASSIFICATION SOCIETIES
Criteria for the recognition of classification societies
Classification societies seeking recognition pursuant to Article 21 of this Directive shall meet all the
following criteria:
(1)       the classification society shall be able to document extensive experience in assessing the
          design and construction of inland waterway vessels. The classification society shall have
          comprehensive rules and regulations for the design, construction and periodic inspection of
          inland waterway vessels, in particular for calculating stability in accordance with Part 9 of
          the Regulations annexed to the ADN as referred to in Annex II. Those rules and
          regulations are to be published in, at least, Dutch, English, French or German, and shall be
          continuously updated and improved through research and development programmes. The
          rules and regulations must not conflict with the provisions of Union law or with
          international agreements in force;
(2)       the classification society shall publish its register of vessels annually;
(3)       the classification society shall not be controlled by shipowners or shipbuilders or by others
          engaged commercially in the design, manufacture, fitting-out, repair, operation or
          insurance of ships. The classification society shall not be dependent on a single
          commercial enterprise for its revenue;
7532/1/16 REV 1                                                               RZ/kp                     1
ANNEX VI                                           DGE 2                                           EN
 ---pagebreak--- (4)     the headquarters of the classification society or a subsidiary authorised to give a ruling and
        to act in all areas incumbent on it under the regulations governing inland waterway
        transport, shall be located in one of the Member States;
(5)     the classification society and its experts shall have a good reputation in inland waterway
        transport; the experts shall be able to provide proof of their professional abilities. They
        shall act on the responsibility of the classification society;
(6)     the classification society shall have a significant technical, managerial, support, inspection
        and research staff, in proportion to the tasks and the vessels classified and catering also for
        developing capability and updating the regulations. It shall have inspectors in at least one
        Member State;
(7)     the classification society shall be governed by a code of ethics;
(8)     the classification society shall be managed and administered in such a way as to ensure the
        confidentiality of information required by a Member State;
(9)     the classification society shall be prepared to provide relevant information to a Member
        State;
(10)    the classification society's management shall define and document its policy and objectives
        for, and commitment to, quality and ensured that this policy is understood, implemented
        and maintained at all levels in the classification society;
7532/1/16 REV 1                                                            RZ/kp                       2
ANNEX VI                                         DGE 2                                             EN
 ---pagebreak--- (11)    the classification society shall prepare and implement and shall maintain an effective
        internal quality system based on the relevant parts of internationally recognised quality
        standards and complying with the EN ISO/IEC 17020:2004, as interpreted by the IACS
        Quality System Certification Scheme Requirements. The quality system must be certified
        by an independent body of auditors recognised by the administration of the State in which
        the classification society has its headquarters or branch, as provided for in point (4), and
        which, inter alia, ensures that:
        (a)   the classification society's rules and regulations are established and maintained in a
              systematic manner;
        (b)   the classification society's rules and regulations are complied with;
        (c)   the requirements of the statutory work for which the classification society is
              authorised are satisfied;
        (d)   the responsibilities, powers and interrelation of personnel whose work affects the
              quality of the classification society's services are defined and documented;
        (e)   all work is carried out under controlled conditions;
        (f)   a supervisory system is in place which monitors the actions and work carried out by
              surveyors and technical and administrative staff employed directly by the
              classification society;
7532/1/16 REV 1                                                            RZ/kp                     3
ANNEX VI                                         DGE 2                                             EN
 ---pagebreak---         (g)    the requirements of major statutory work for which the classification society is
               authorised are only carried out or directly supervised by its exclusive surveyors or by
               exclusive surveyors of other recognised classification societies;
        (h)    a system for qualification of surveyors and continuous updating of their knowledge is
               implemented;
        (i)    records are maintained, demonstrating achievement of the required standards in the
               items covered by the services performed, as well as the effective operation of the
               quality system; and
        (j)    a comprehensive system of planned and documented internal audits of quality-related
               activities exists in all locations;
(12)    the quality system must be certified by an independent body of auditors recognised by the
        administration of the Member State in which the classification society has its headquarters
        or branch, as provided for in point (4);
(13)    the classification society shall undertake to bring its requirements into line with the
        appropriate Union directives and to provide the Commission with all relevant information
        in good time;
(14)    the classification society shall undertake periodically to consult with the classification
        societies already recognised in order to guarantee the equivalence of their technical
        standards and of implementation thereof, and to allow participation in the development of
        its rules and regulations by representatives of a Member State and other parties concerned.
7532/1/16 REV 1                                                            RZ/kp                     4
ANNEX VI                                           DGE 2                                           EN
 ---pagebreak---                                      ANNEX VII
                                   Correlation table
              Directive 2006/87/EC                            This Directive
−                                           Article 1
Article 2                                   Article 2
−                                           Article 3
Article 1                                   Article 4
−                                           Article 5
Article 9                                   Article 6(1) and (3)
Article 8(1)                                Article 6(2) and (4)
Article 8(4)                                Article 6(5)
Article 3                                   Article 7
Article 4                                   Article 8
Article 11(2)                               Article 9
Article 11(1)                               Article 10
Article 14                                  Article 11
Article 13                                  Article 12
Article 12                                  Article 13
Article 15                                  Article 14
Article 16                                  Article 15
Article 18                                  Article 16
−                                           Article 17
−                                           Article 18
7532/1/16 REV 1                                                  RZ/kp         1
ANNEX VII                               DGE 2                                EN
 ---pagebreak---               Directive 2006/87/EC                                  This Directive
−                                                   Article 19
Article 10                                          Article 20
−                                                   Article 21
Article 17                                          Article 22
Article 5                                           Article 23
Article 6 has been deleted by Directive             −
2008/68/EC of the European Parliament and of
the Council 1
Article 7(1) to (3)                                 Article 24
−                                                   Article 25
−                                                   Article 26
−                                                   Article 27
−                                                   Article 28
Article 8(2) and (3)                                Article 29
−                                                   Article 30
Article 20(1)                                       Article 31
Article 20(2)                                       −
Article 22                                          −
−                                                   Article 32
Article 19                                          Article 33
−                                                   Article 34
Article 24                                          Article 35
Article 21                                          Article 36
1
        Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008
        on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13).
7532/1/16 REV 1                                                        RZ/kp                   2
ANNEX VII                                      DGE 2                                        EN
 ---pagebreak---              Directive 2006/87/EC                    This Directive
Article 23                          Article 37(1) and (2)
Article 7(4)                        Article 37(3)
−                                   Article 38
−                                   Article 39
Article 25                          −
Article 26                          −
Article 27                          Article 40
7532/1/16 REV 1                                           RZ/kp       3
ANNEX VII                         DGE 2                             EN