CELEX: 51975PC0512
Language: en
Date: 1975-10-15
Title: PROPOSAL FOR A COUNCIL DIRECTIVE OF RECIPROCAL RECOGNITION LICENCES FOR INLAND WATERWAY VESSELS (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 512
Vol. 1975/0195
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                        COM(75)512 final
                                        Brussels , 15 October 1975
                     PROPOSAL FOR A COUNCID DIRECTIVE
                        OF RECIPROCAL RECOGNITION
                                       LICENCES
                      FOR INLAND  WATERWAY VESSELS
      ( submitted to the Council by the Commission)
      COM ( 75 ) 512 final
 ---pagebreak---                             EXPLANATORY MEMORANDUM .   ,
               β
GENERAL
In a letter dated 12th May 1973 » the Belgian Government requested the
Commission tq present to the Council , on the basis of' Article - 75 of the
EEC Treaty , 4 proposal for establishing uniform technical control for
vessels operating on inland waterways and a mandatory licence for inland
navigation in the Community ..                            <     <,.
              •7
The primary purpose of a common technical control for vessel,? operating
on inland waterways and of a standard licence is to promote the safety
of the vessei ,. the passengers and the crew . Raising the general standard
of vessels a$d eliminating barriers to traffic and trade should also
further the prosperity of inland navigation .        '            >
To initiate the development of uniform technical control , it has been
shown to be beneficial to achieve reciprocal recognition of navigability
licences on condition that they meet common minimum standards . Because
reciprocal recognition is only a starting point in aphieving uniform
technical control , it is necessary to provide for a later adoption of
uniform technical requirements .
The task of laying down technical provisions for this means of transport
would be considerable and time-consuming if it were necessary to start
from scratch .. However ,; work has been dons and is being done on the sub­
ject in other international organizations . Most important in ; tiiis con­
nection is the work in hand at the Economic Commission for Europe in'
£teneva . The Working Party on Inland Water Transport is near the com­
pletion of Recommendations on Uniform Technical Requirements for Inland
Waterway Vessels . These recommendations will include technical provisions
covering : -        .                    ••               - •    V
 ---pagebreak---                         - General' provisions ^ .. ■          7 ,..     i
                        - Hull
                        - Freeboard and Safety distances                                         * /
                  ( , - Stability and subdivision , , _               , ■■ '          > ' *                 *'
  ... ..             . - Machinery       .               ^ ' ' '• ;                   ^                         v
           . ; ... ^ - Electrical installations : design                     * • * • ,.       - ■       .
       _            ; * liigging , masts and lifting gear '                                            ^
                        - Anchoring and mooring                             / ,» .
                        - Liquified gas installations for domestic uses . . .
                        - Steering gear and wheelhouse
         .              r Special wheelhouse arrangements enabling steering by. ■                         .
                        ' radar to " be done by one person
   * * ' * * * " '-Fire 'protection-'                                        ! ,                     '
             •    '     - Life-saving apjpliances                 .       •  .,
                        - Vessels licensed to carry passengers V                 ' ' " '
                        - Vessels carrying dangerous goods
                      " - Automation ' v ' '     .v •.              ■                    '                     "
                ' * - Crew accomodation..' ' "         1
   The valuable work , already undertaken in Geneva On this ^ subject will pro­
                                             ♦ • / -                                .
   vide a. basis for development of a sound technical content . of • filture. / v
   Community rules for inland navigation .                  •    s.                   •:                      ■ u
                                                                                           •'     . y
, THE ARTICLES OF THE DIRECTIVE                                           ■:
   Article 1 limits the reciprocal recognition to goods transport of 20^
   tonnes or more which is the limit in France for the issue of a naviga­
   bility licence and which exceeds the limit of the Rhine Inspection . Cer­
   tificate by J? tonnes ; to transport of more' than 12. passengers *, which is
   in accordance with the definition of a passenger vessel pv-. the . ECE . draft
   recommendations on uniform technical requirements for Inland Waterway .
   vessels , and to navigation of all other vessels with' a displacement of
   20 cubic metres or more , or of an overall length of more than 15 metres
   which is the upper limit adopted in the draft directive of the removal
   of technical barriers to trade for smaller pleasure craft * -
 ---pagebreak--- Waterways which are - regulated by the fiegulation on Inspection oa the
itliino' ox 19^7 ara excluded from this Directive because rules for the
navigation on these waterways already exist . This means that for
example vessels travelling on the Rhine still have to have a Rhine
inspection certificate .
Article 2 requires each Member State to have a procedure for the issue
of navigability licences and establishes the requirements which must be
met . Although this Directive does not lay down technical requirements ,
it is necessary to provide a minimum of information in a navigability
licence , so as to give the competent authorities in the countries
visited the possibility of checking that the vessel conforms to these
requirements and is safe for navigation .                         '
The right to issue a licence will have to be limited for the time being
to the State of origin because the lack of uniform technical require­
ments might otherwise result in applications for vessels to be certified
in countries with the least stringent requirements . However , as soon as
uniform technical requirements have been established , this limitation
should be reviewed .
Article 3 institutes the reciprocal recognition of navigability licences
and establishes , in the interest of greater safety , that reciprocal
recognition shall be for a maximum period of five years unless the licence
is renewed .
The Biqaection Certificate for the Rhine , which under the Rhine regulations
may be valid for up to 10 years , is exempted from the general maximum
period of five years because the conditions of issue for the Inspection
Certificate are based on stringent technical requirements which ensure
that the vessel is maintained to a high technical standard .
 ---pagebreak---                                           «* 4 .-. .                      I. .;*            ..      "
      Article k authorizes Member States > to detain vessels which do not meat
      the requirements of the licence or the - Inspection Certificate for the
      Rhine or are in ah unsafe condition . This article provides an incentive
      for the proper maintenance of vessels .
      Article' 5 provides for the adoption of , uniform technical' standards ,
      before 1st January 1980 as a more .permanent basis for reciprocal fecog*-
      nition of navigability licences . This _ do lay will enable the Commission
      in consultation with the appropriate bodies to determine the precise .
      nature of the technical requirements to be adopted . ' * ■.                      ...
III . The view of the European Parliament and the Economic and Social Commit­
                                                                                 », v        ? ï. •   • . ■
      tee must be obtained , pursuant , to Article 75 1 paragraph one , of the .
      EEC treaty*           V; .                                      ' ' ..          • ■>., . .
                                    .         • •    4 '*.* *' */ . .      -      •     'I " : >
 ---pagebreak--- PROPOSAL FOR A COUiiCIL DIRECTIVE
  GET RECIPROCAL RECOGITITIOII OP
NAVIGABILITY LICENCES FOR D1LAKD
       WATERWAY VESSELS ..
 ---pagebreak---                                      i* 6 tf
THE COUNCIL OF THE EUROPEAN COIMUITITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 75 thereof ;
Having regard to the proposal from the Commission }
Having regard to the opinion of the European Parliament ;
Having regard to the opinion of the Economic and Social Committee 5
Whereas the safety and prosperity of inland navigation in the Community
should he furthered ;
Whereas it is beneficial as a first step in improving the technical con­
ditions to achieve reciprocal recognition of navigability licences for
inland navigation ;
Whereas reciprocal recognition needs to be based on oertain general uniform
conditions for the issuing of navigability licences and for the minimum
quantity and quality of information provided for inspection ;
Whereas it is necessary that vessels transporting dangerous goods comply
with regulations on transport of dangerous goods ;
Whereas for reasons of safety, the duration of the validity of a navigability
licence needs to be limited for purposes of reciprocal recognition .
         *   • • t ■     > ' •         '
Whereas, it is necessary to establish under what circumstances Member States
may interrupt the passage of a vessel ;
Whereas it is necessary to fix a time limit for the adoption of uniform
technical requirements 5                                             , ,
HAS ADC FEED THIS DIRECTIVE :
 ---pagebreak---                                        ** 9 «*
Artide 1        , . • .... .. .. <.y .                 '■ ...               .
This Directive applies to the use of :
          a) vessels used for goods transport and having a total deed
               weight of twenty tonnes or more 5              '
          "b ) vessels used ior the transport of more tlian twelve passengers f
        ' c ) all other vessels with a displacement of twenty cubic metres
               or more , or of an overall length of more then 1*5 ietres ^
on inland waterways othor than thos©' wat-3<Sways covered by the '"Regulation
on Inspection : of Sh3.ppd.rig an<f Bhfts on the Rhine -of 18 November i&fc 1
Article 2
1.    Member States are required to have a procedure . for the , issue' of
      navigability licences .
2 . Navigability licences shall he issued by the Member State in which the
    . vessel Is registered or has its home port .               ;•
3 . Navigability licences shall be written in a Community language , shall
      provide at least the information specified ih the Appendix and "shall
      employ the sane numbering system. • The Appendix -shall'' form an integral'"
      part of , this Directive .               . -■       v
4     A vessel carrying dangerous goods as defined in the Regulation for the
      Transport of Dangerous Substances on the Rhine (ADKR)oof 29 April 1970» •
      shall carry a certificate to the effect that the safety requirements
      laid down in Appendixes A and B of this regulation have been observed .
Article 3
1.    A Member State shall give a navigability licence issued by another Member
      State in accordance with Article 2 for navigation on its national water­
      ways the same effect as though it had itself issued the licence .
 ---pagebreak--- 2.   A navigability licence shall be valid for reciprocal recognition provided
     that the issue     last validation date - is wi,thin. the previous five years
     end the licence has not expired .
3.   The           Certificate for the Rhine shall "be reciprocally recognized
     on all navigable waterways in the Community for its full duration .
Article 4
1.   Any Member State may withdraw a navigability licence which is has issued .
2.   Any Member State may interrupt the passage of a vessel,' where the vessel
     or its equipment is found by inspection not to be in accordance with
     the requirements of the navigability licence or the topec±Loa Certificate
     for      Rhine as the case may be , or is in a condition which clearly
   . constitutes a danger to the surroundings , until the defects have been
     corrected .           '
3.   A Kerahor State which has interrupted the passage of a vessel , or has
     indicated its intention to do so if defects are n6t corrected , shall
     inform the competent authorities of the Member State where the naviga^-
     bility licence or the lagxfctkm Certificate for the- Rhine vas issued
     of the reasons for this action .; •                    '       1  •
Article r) '
     As soon as possible and not later than the 1st January 1980,. the Council ,
on the basis of a proposal from the Commission, shall adopt Community provi­
sions which establish uniform technical requirements for. the issue of a
navigability licence for inland waterway vessels .
Article 6                                                   -<1 ■
Member States shall , in good time and before the                 ( one year after the
adoption of the directive by the Council ), after consulting the Commission,
adopt such laws , regulations or administrative provisions as may be necessary
for the implementation of this Directive .
Article 7
This Directive is addressed to the Member States .
 ---pagebreak---                                                        p. 9 -
                                             " ' "· ν ': "·' 4             /;Τ·)5Ί '.ΐκ
    MINIMUM INFORMATION IN THE LICENCES
    The mentioned data are separated in 3 types : -
                       1 . No marking : always required
                       2. (x)         : required if applicable
                       3 « (+)        : beneficial but optional
    1*              . Name of the competent authorities issuing the document
    2. a)              Name of document                        -1 .              1
        b ) (+)        Number of document
' 3 » •- (x ) . . Issuing State                -        • '         " -V
    4.       (x )      Name and domicile of owner
    5»                 Name of vessel
    6.       (x ) Place and number of registration
 ; 7 .», ' " ( x ) . Jlome port ■
    8.       (+)       Construction
    9.       (+)       Utilisation
 10 .                  Main characteristics : - overall length in m
                                                 - overall breadth mm .
                                                 – depth below waterline at maximum
                                                  . draft ( s ) in m
 11 .        (x)       Dead weight(s ) in tons or displacement ( s ) in m3 for the
                       maximum draft(s )
 12 .        ( xi      Measurement mark
 13 *        (x)       Maximum authorized number of passengers
 14 .        (x)       Total power of propelling engines in HP or KW
 13 .                  Minimum freeboard(s ) in mm
 16 . a )              The statement : The vessel indicated above is certified for
                       navigation
        b ) ( x ) ... indication of navigation restrictions
  .                  . Subject to the following conditions .
 17 * a ) .       -    Date of expiration
        b)             Date of issuing •
 18 .                  Signature of issuing institution .