CELEX: 
Language: en
Date: 2021-11-22 00:00:00
Title: COMMISSION DELEGATED REGULATION (EU) …/... amending Annex IV to Directive (EU) 2017/2397 of the European Parliament and of the Council

EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE DELEGATED ACT
            
            
               Article 32 of Directive (EU) 2017/2397 of the European Parliament and of the Council of 12 December 2017 on the recognition of professional qualifications in inland navigation and repealing Council Directives 91/672/EEC and 96/50/EC
                  1
                specifies that where delegated acts adopted under the Directive refer to standards, the Commission shall include the entire text of those standards in those delegated acts, and shall make or update the relevant reference and enter the date of application in Annex IV.  
            
            
               The entire text of the standards concerned are included in Commission Delegated Directive (EU) 2020/12 of 2 August 2019 supplementing Directive (EU) 2017/2397 of the European Parliament and of the Council as regards the standards for competences and corresponding knowledge and skills, for the practical examinations, for the approval of simulators and for medical fitness
                  2
               .
            
            
               Commission Delegated Directive (EU) 2020/12 refers to standards of the European Committee for drawing up standards in the field of inland navigation (CESNI). 
            
            
               The objective of this draft Delegated act is to make the relevant reference for the standards referred to in Directive (EU) 2020/12 and to enter the respective dates of application in Annex IV.  
            
            
               The CESNI adopted the first version of the European Standard for Qualifications in Inland Navigation (ES-QIN) at its meeting of 8 November 2018 which included the concerned following standards
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               :
            
            
               –Standards for medical fitness (Resolution CESNI 2018-II-2),
            
            
               –Standards of competence for the operational level (Resolution CESNI 2018-II-3),
            
            
               –Standards of competence for the management level (Resolution CESNI 2018-II-4),
            
            
               –Standards of competence for passenger navigation experts (Resolution CESNI 2018-II-5),
            
            
               –Standards of competence for sailing on inland waterways with a maritime character (Resolution CESNI 2018-II-6),
            
            
               –Standards of competence for sailing with the aid of radar (Resolution CESNI 2018-II-7),
            
            
               –Standards of competence for liquefied natural gas (LNG) experts (Resolution CESNI 2018-II-8),
            
            
               –Standards for the practical examination for obtaining a specific authorisation for sailing with the aid of radar (Resolution CESNI 2018-II-9),
            
            
               –Standards for the practical examination for obtaining a certificate of qualification as a passenger navigation expert (Resolution CESNI 2018-II-10),
            
            
               –Standards for the practical examination for obtaining a certificate of qualification as a liquefied natural gas (LNG) expert (Resolution CESNI 2018-II-11),
            
            
               –Standards for the practical examination for obtaining a certificate of qualification as a boatmaster (Resolution CESNI 2018-II-12),
            
            
               –Standards for the additional module on supervision in the context of the practical examination for obtaining a certificate of qualification as a boatmaster (Resolution CESNI 2018-II-13),
            
         
         
            
               –Standards for technical and functional requirements applicable to vessel-handling simulators and radar simulators (Resolution CESNI 2018-II-14),
            
            
               –Standards for the administrative procedure for the approval of vessel-handling simulators and radar simulators (Resolution CESNI 2018-II-15).
            
            
               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
            
            
               The Commission expert group on social issues in inland navigation has been consulted on the draft.
            
            
               3.LEGAL ELEMENTS OF THE DELEGATED ACT
            
            
               In accordance with Article 32 of Directive (EU) 2017/2397, where delegated acts adopted under the Directive refer to standards, the Commission shall make or update the relevant reference and enter the date of application in Annex IV.
            
            
               COMMISSION DELEGATED REGULATION (EU) …/...
            
            
               of 22.11.2021
            
            
               amending Annex IV to Directive (EU) 2017/2397 of the European Parliament and of the Council
            
            
               (Text with EEA relevance)
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to Directive (EU) 2017/2397 of the European Parliament and of the Council of 12 December 2017 on the recognition of professional qualifications in inland navigation, and repealing Council Directives 91/672/EEC and 96/50/EC
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               , and in particular Article 32 thereof,
            
            
               Whereas:
            
            
               (1)Pursuant to Article 32 of Directive (EU) 2017/2397, where delegated acts adopted under the Directive refer to standards, the Commission is to make or update the relevant reference and enter the date of application in Annex IV. 
            
            
               (2)Commission Delegated Directive (EU) 2020/12 of 2 August 2019 supplementing Directive (EU) 2017/2397 of the European Parliament and of the Council as regards the standards for competences and corresponding knowledge and skills, for the practical examinations, for the approval of simulators and for medical fitness
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                refers to the standards of the European Committee for drawing up standards in the field of inland navigation (CESNI).
            
            
               (3)Annex IV to Directive (EU) 2017/2397 should therefore be amended accordingly,
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
            
            
               Annex IV to Directive (EU) 2017/2397 is replaced by the text in the Annex to this Regulation.
            
         
         
            
               Article 2
            
            
               This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            
            
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
            
            
               Done at Brussels, 22.11.2021
            
            
               
                     For the Commission
               
               
                     The President
                     Ursula VON DER LEYEN
               
            
         
         
            
                  
                     (1)
                  
                        OJ L 345, 27.12.2017, p. 53.
               
               
                  
                     (2)
                  
                        OJ L 6, 10.1.2020, p. 15.
               
               
                  
                     (3)
                  
                        Council Decision (EU) 2018/1663 of 6 November 2018 on the position to be taken on behalf of the European Union within the European Committee for drawing up standards in the field of inland navigation and within the Central Commission for the Navigation of the Rhine concerning the adoption of European standards for professional qualifications in inland navigation, OJ L 278, 8.11.2018, p. 20–21.
               
               
                  
                     (4)
                  
                        OJ L 345, 27.12.2017, p. 53.
               
               
                  
                     (5)
                  
                        OJ L 6, 10.1.2020, p.15-100.
               
            
      
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               ANNEX
            
            
            
               ‘ANNEX IV
            
            
               Applicable requirements
            
            
               Table A
            
            
                     
                        Subject matter, Article
                     
                  
                  
                     
                        Conformity requirements
                     
                  
                  
                     
                        Start of application
                     
                  
               
                     
                        Practical examinations, Article 17(4)
                     
                  
                  
                     
                        ES-QIN 2018, specifically by CESNI Resolutions 2018-II-9, 2018-II-10, 2018-II-11, 2018-II-12, 2018-II-13
                     
                  
                  
                     
                        18/01/2022
                     
                  
               
                     
                        Approval of simulators, Article 21(2)
                     
                  
                  
                     
                        ES-QIN 2018, specifically CESNI Resolutions 2018-II-14 and 2018-II-15
                     
                  
                  
                     
                        18/01/2022
                     
                  
               
                     
                        Characteristics and conditions of use of registers, Article 25(2)
                     
                  
                  
                     
                  
                  
                     
                  
               
               Table B
            
            
                     
                        Item
                     
                  
                  
                     
                        Essential competence requirements
                     
                  
                  
                     
                        Conformity requirements
                     
                  
                  
                     
                        Start of application
                     
                  
               
                     
                        1
                     
                  
                  
                     
                        Essential competence requirements at operational level 
                     
                  
                  
                     
                        ES-QIN 2018, specifically CESNI Resolution 2018-II-3 
                     
                  
                  
                     
                        18/01/2022
                     
                  
               
                     
                        2
                     
                  
                  
                     
                        Essential competence requirements at management level 
                     
                  
                  
                     
                        ES-QIN 2018, specifically CESNI Resolution 2018-II-4
                     
                  
                  
                     
                        18/01/2022
                     
                  
               
                     
                        3
                     
                  
                  
                     
                        Essential competence requirements for specific authorisations
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        3.1
                     
                  
                  
                     
                        Sailing on inland waterways with a maritime character
                     
                  
                  
                     
                        ES-QIN 2018, specifically CESNI Resolution 2018-II-6
                     
                  
                  
                     
                        18/01/2022
                     
                  
               
                     
                        3.2
                     
                  
                  
                     
                        Radar navigation
                     
                  
                  
                     
                        ES-QIN 2018, specifically CESNI Resolution 2018-II-7
                     
                  
                  
                     
                        18/01/2022
                     
                  
               
                     
                        4
                     
                  
                  
                     
                        Essential competence requirements for specific operations
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        4.1
                     
                  
                  
                     
                        Passenger navigation expert
                     
                  
                  
                     
                        ES-QIN 2018, specifically CESNI Resolution 2018-II-5
                     
                  
                  
                     
                        18/01/2022
                     
                  
               
                     
                        4.2
                     
                  
                  
                     
                        Liquefied natural gas (LNG) expert
                     
                  
                  
                     
                        ES-QIN 2018, specifically CESNI Resolution 2018-II-8
                     
                  
                  
                     
                        18/01/2022
                     
                  
               
               Table C
            
            
                     
                        Essential requirements regarding medical fitness
                     
                  
                  
                     
                        Conformity requirements
                     
                  
                  
                     
                        Start of application
                     
                  
               
                     
                        Medical fitness examination
                     
                  
                  
                     
                        ES-QIN 2018, specifically CESNI Resolution 2018-II-2
                     
                  
                  
                     
                        18/01/2022.
                     
                  
               
               ’