Legal provisions of COM(1994)359 - Harmonization of the conditions for obtaining national boatmasters' certificates for the carriage of goods and passengers by inland waterway in the EC - Main contents
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dossier | COM(1994)359 - Harmonization of the conditions for obtaining national boatmasters' certificates for the carriage of goods and passengers by ... |
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document | COM(1994)359 ![]() |
date | July 23, 1996 |
Contents
Article 1
2. Member States shall take all appropriate measures to preclude the risk of certificates being forged.
3. The certificate shall be issued by the competent authority of the Member States in accordance with this Directive. It shall take account of the special characteristics of the waterways and of the certificates referred to in Article 1 of Directive 91/672/EEC, namely:
- the boatmasters' certificate valid for all waterways in the Member States, with the exception of waterways to which the Regulation on the issue of Rhine navigation licences applies (Group A),
- the boatmasters' certificate valid for all waterways in the Member States, with the exception of the waterways of a maritime character referred to in Annex II to Directive 91/672/EEC, and with the exception of waterways to which the Regulation on the issue of Rhine navigation licences applies (Group B).
4. The Group A or Group B certificate issued by Member States in conformity with this Directive shall be valid for all Group A or Group B waterways in the Community.
5. Subject to Article 8 (2), the Rhine navigation licence, issued in accordance with the revised Convention for the Navigation of the Rhine, shall be valid for all waterways in the Community.
6. The national boatmasters' certificates mutually recognized by Directive 91/672/EEC, appearing in Annex I to this Directive, which are issued not later than 18 months after the date of entry into force of this Directive shall remain valid with no exchange obligation.
Article 2
(a) 'competent authority` shall mean the authority designated by a Member State to issue certificates after verifying that applicants satisfy the requirements;
(b) 'boatmaster` shall mean the person who has the necessary aptitude and qualifications to sail a vessel on the Member States' waterways and who has nautical responsibility on board;
(c) 'member of the deck crew` shall mean a person who has regularly participated in sailing a vessel in inland navigation, including manning the tiller.
Article 3
- boatmasters of vessels intended for goods transport which are under 20 metres in length,
- boatmasters of vessels intended for passenger transport, which carry no more than 12 people in addition to the crew.
2. A Member State may, after consulting the Commission, exempt from the application of this Directive boatmasters operating exclusively on national waterways not linked to the navigable network of another Member State and issue them with national boatmasters' certificates, the conditions for obtaining which may differ from those defined in this Directive. The validity of those national certificates shall in that case be limited to those waterways.
Article 4
2. The certificates issued by the Member States which meet the minimum requirements mentioned in paragraph 1 shall be mutually recognized.
Article 5
Article 6
2. On reaching the age of 65 years, the holder of a certificate must, in the following three months and subsequently every year, undergo the examination referred to in paragraph 1; the competent authority shall attest on the certificate that the boatmaster has satisfied this obligation.
Article 7
2. To be taken into account, professional experience must be validated by the competent authority of the Member State by being entered in a personal service record. It may have been acquired on any of the Member States' waterways. In the case of waterways part of whose courses are within Community territory, such as the Danube, Elbe and Oder, the professional experience acquired on all sections of those watercourses will be taken into consideration.
3. The minimum duration of the professional experience referred to in paragraph 1 may be reduced by a maximum of three years:
(a) where the applicant has a diploma recognized by the competent authority which confirms specialized training in inland navigation comprising practical navigation work; the reduction may not be greater than the duration of the specialized training; or
(b) where the applicant can provide proof of professional experience acquired on a seagoing vessel as a member of the deck crew; in order to obtain the maximum reduction of three years, the applicant must provide proof of at least four years' experience in maritime navigation.
4. The minimum duration of professional experience provided for in paragraph 1 may be reduced by a maximum of three years where the applicant has passed a practical examination in sailing a vessel; the certificate shall in that case cover only vessels with nautical characteristics similar to those of the vessel which underwent the practical examination.
Article 8
2. Subject to consultation of the Commission, a Member State may require a boatmaster to satisfy additional requirements concerning knowledge of the local situation for navigation of certain waterways, with the exception of the waterways of a maritime character referred to in Annex II to Directive 91/672/EEC.
Subject to the same reservation, a Member State may require the boatmaster of a passenger vessel, in certain limited transport areas, to have more detailed professional knowledge of special provisions relating to passenger safety, particularly in the event of accidents, fire or shipwreck.
Article 9
The Member States shall recognize the qualification issued under the regulation of the issuing of qualifications to sail a vessel with the aid of radar on the Rhine.
2. An applicant satisfying the conditions set out in paragraph 1 shall have his or her fitness to navigate by radar attested by the competent authority in the form of an endorsement on the certificate.
Article 10
Article 11
Article 12
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.
(3) a) The Commission shall adopt measures which apply immediately;
(b) However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event the Commission may defer application of the measures which it has decided for a period of not more than one month from the date of such communication. The Council, acting by a qualified majority, may take a different decision within the same time limit.
Article 13
When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such 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 immediately communicate to the Commission the text of the provisions they adopt in the field governed by this Directive.
3. Where necessary, Member States shall assist one another in the implementation of this Directive.