EC on harmonised river information services (RIS) on inland waterways in the EC - Main contents

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dossier	COM(2024)33 - Amendment of Directive 2005/44/EC on harmonised river information services (RIS) on inland waterways in the EC.
document	COM(2024)33
date	January 26, 2024

Article 1

Amendments to Directive 2005/44/EC

Directive 2005/44/EC is amended as follows:

(1) Article 1 is replaced by the following:

‘Article 1

Subject Matter

1. This Directive establishes a framework for the deployment and use of harmonised river information services (RIS) in the Union in order to support inland waterway transport with a view to enhancing its safety, efficiency and sustainability and to facilitating interfaces with other transport modes.

2. This Directive provides a framework for the establishment and further development of technical requirements, specifications and conditions to ensure harmonised, interoperable and open RIS on the Union inland waterways and ensure continuity with other modal traffic management services, in particular maritime vessel traffic management and information services.’

(2) in Article 2, paragraph 1 is replaced by the following:

‘1. This Directive applies to the implementation and operation of RIS on all inland waterways and inland ports of the Member States which are part of the trans-European transport network, as specified and listed in Annex I and II to Regulation (EU) No 1315/2013 of the European Parliament and of the Council ³⁶.’

(3) in Article 3, the following points (ha) to (hi) are added:

‘(ha) ‘trans-European transport network’ (TEN-T) means inland waterways as defined in Annex I of Regulation (EU) 1315/2013;

(hb) ‘electronic freight transport information’ (eFTI) means electronic freight transport information as defined in Article 3(4) of Regulation (EU) 2020/1056 of the European Parliament and of the Council ³⁷;

(hc) ‘European Maritime Single Window environment’ (‘EMSWe’) means European Maritime Single Window environment as defined in Article 2(1) of Regulation (EU) 2019/1239 of the European Parliament and of the Council ³⁸;

(hd) ‘maritime National Single Window’ means a maritime National Single Window as defined in Article 2(3) of Regulation (EU) 2019/1239;

(he) ‘European Reference Data Management System’ (ERDMS) means a single point of access repository (library) of reference data and codes lists that are used by IT applications in inland waterway transport operated by the Commission;

(hf) ‘Port Community System’ means an electronic platform for the exchange of information between public and private stakeholders to ensure smooth port and logistics processes;

(hg) ‘smart inland waterway infrastructure system’ an electronic platform supporting semi and fully automated management of IWT infrastructure in locks and movable bridges in the TEN-T, operated by the public waterway management authorities;

(hh) ‘RIS Platform’ means an electronic single-point-of-access platform sourced by national RIS information and providing Fairway-, Infrastructure-, Traffic- and Transport Information Services, including route- and transport planning, for RIS users and serving for electronic reporting according to the ‘once-only’ principle;

(hi) ‘Inland ports’ means an inland waterway port of the TEN-T core network or TEN-T comprehensive network, as listed and categorised in Annex II to Regulation (EU) No 1315/2013.’

(4) Article 4 is replaced by the following:

‘Article 4

Setting-up of RIS

1. Member States shall take the necessary measures to implement RIS on inland waterways and inland ports falling within the scope of this Directive.

2. Member States shall develop RIS in such a way that the RIS application is efficient, expandable and interoperable so as to interact with other RIS applications and with systems for other modes of transport, while also providing inter- faces to transport management systems and commercial activities.

3. In order to set up RIS, Member States shall:

(a) ensure that all relevant data are supplied to RIS users concerning navigation and voyage planning on inland waterways. These data, as defined in Annex I, shall be up-to-date and provided at least in an accessible common electronic format;

(b) ensure that for all their inland waterways of the TEN-T, in addition to the data referred to in point (a), electronic navigational charts suitable for navigational purposes are available to RIS users;

(c) enable, as far as ship reporting is required by national or international regulations, the competent authorities to receive electronic ship reports of the required data from ships. In cross-border transport, this information shall be transmitted to the competent authorities of the neighbouring State and any such transmission shall be completed before arrival of the vessels at the border;

(d) ensure that notices to skippers, including water level (or maximum allowable draught) and ice reports of their inland waterways, are provided as standardised, encoded and downloadable messages. The standardised message shall contain at least the information necessary for safe navigation. The notices to skippers shall be up-to-date and provided at least in an accessible common electronic format;

(e) ensure that ERDMS is kept up to date by supplying all the necessary data without delay and revise them at least once per year;

(f) ensure that at least traffic related information is exchanged between RIS and electronic information exchange environments established by Union law and used in other transport modes, including through maritime National Single Windows within EMSWe;

(g) ensure that dangerous goods related information as required pursuant to Chapter 5.4 of Part 5 of the Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN), concluded at Geneva on 26 May 2000, as referred to in Section III.1 of Annex III to Directive 2008/68/EC of the European Parliament of the Council ³⁹ shall be made available to the competent authorities on an eFTI platform, through a unique electronic identifying link referred to in point (e) of Article 9(1)of Regulation (EU) 2020/1056;

(h) ensure that information is exchanged between RIS and the port community systems of inland ports, including, among others, up-to-date, availability of berths, and of alternative fuel infrastructure, and in particular those installations required pursuant to Article 10 of Regulation (EU) 2023/1804 of the European Parliament and of the Council ⁴⁰;

(i) ensure that information is exchanged between RIS and other smart inland waterways infrastructure systems for the purpose of managing of river traffic.

The obligations referred to in this paragraph shall be fulfilled in compliance with the requirements and principles set out in Annexes I and II.

4. The competent authorities of the Member States shall establish RIS centres according to regional needs.

5. Member States shall create, operate, use and maintain a single RIS Platform which provides fairway-, infrastructure-, traffic-, and transport related data. The RIS Platform shall be accessible for all RIS users and shall be the main platform for the exchange of RIS related information. It shall contain interfaces for connections with systems of other transport modes and inland ports. Member States shall designate one or more competent authorities responsible for operating RIS Platform.

6. The Commission shall adopt implementing acts laying down the operational characteristics, roles and procedures for the RIS platform and identifying its operating entity, based on the principles for RIS technical specifications set out in point 7 of Annex II, to ensure their uniform implementation throughout the Union. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).

7. For the use of the automatic identification systems (‘AIS’), the regional arrangement concerning the radiotelephone service on inland waterways concluded in Basel on 6 April 2000 in the framework of the radio regulations of the International Telecommunication Union (ITU) shall apply.

8. Member States, if appropriate in cooperation with the Union, shall encourage boat masters, operators, agents or owners of vessels navigating on their inland waterways and shippers or owners of goods carried on board such vessels to fully profit from the services which are made available under this Directive.

9. The Commission shall take appropriate measures to verify the interoperability, reliability and safety of RIS.’

(5) Article 5 is replaced by the following:

‘Article 5

Technical specifications

1. In order to support RIS and to ensure the interoperability of those services as required by Article 4(2), the technical specifications as referred to in Annex III in line with the principles set out in Annex II shall apply and shall cover in particular the following areas:

(a) electronic chart display and information system for inland navigation (inland ECDIS);

(b) electronic ship reporting;

(c) notices to skippers;

(d) vessel tracking and tracing systems;

(e) compatibility of the equipment necessary for the use of RIS;

(f) operation of the RIS Platform;

(g) interconnection and exchange of information with Union data bases (ERDMS);

(h) interconnection and exchange of information with IT platforms of other transport modes, including at least eFTI and EMSWe;

(i) interconnection and exchange of information with port management systems and with smart inland waterway infrastructure systems;

(j) provisions for navigation, and voyage planning.’

(6) Article 8 is replaced by the following:

‘Article 8

Competent authorities

Member States shall designate competent authorities for the RIS application, for the international exchange of data, for the operation of the RIS platform and for the handling of complaints by RIS users. These authorities shall be notified to the Commission by … [one year after the date of entry into force of this Directive].’

(7) The following Article 8a is inserted:

‘Article 8a

Handling of complaints

1. Each Member State shall ensure that an effective procedure is in place to handle complaints arising from the application of this Directive.

2. The handling of complaints shall be carried out in a manner which avoids conflicts of interest, and which is functionally independent of any competent authority for the RIS application, for the international exchange of data and for the operation of the RIS platform. The handling of complaints shall be impartial and transparent and shall duly respect the right to freely conduct business.

3. Complaints shall be filed in the Member State in whose waterways or inland ports the reason for the complaint originated. Member States shall ensure that RIS users and other relevant stakeholders are informed of where and how to lodge a complaint and which authorities are responsible for handling complaints.

4. The authorities responsible for handling complaints shall cooperate for the purposes of complaints of a cross-border nature.

5. The authorities responsible for the handling of complaints shall, in accordance with national law, have the power to require competent authorities for the RIS application, for the international exchange of data, providers of RIS services, infrastructure managers and inland ports to provide them with information relevant to a complaint.

6. The authorities responsible for the handling of complaints shall, in accordance with national law, have the power to take decisions that have binding effect, subject to judicial review, where applicable.

7. Member States shall inform the Commission of the procedure for the handling of complaints by … [one year after the date of entry into force] and, subsequently, of any changes to that information. The Commission shall publish and regularly update such information on its website.

8. Member States shall inform the Commission on an annual basis about the number and type of complaints received by the authorities responsible for handling of complaints, the number of corrective actions taken, and the time required to resolve complaints.’

(8) Article 9 is replaced by the following:

‘Article 9

Rules on privacy and security of information

Member States shall take the necessary technical and organisational measures in accordance with the applicable Union and national law to protect RIS information and records against untoward events or misuse, including improper access, alteration or loss and to ensure the confidentiality of commercial and other sensitive information exchanged pursuant to this Directive.’

(9) Article 10 is replaced by the following:

‘Article 10

Amendment procedure

1. The Commission shall be empowered to adopt delegated acts in accordance with Article 10a to amend Annex I, by updating and revising the minimum data requirements, taking into account the experience gained from the application of this Directive, and the technical progress in developing RIS technologies and applications.

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 10a to amend Annex III by updating, if appropriate in view of the criteria defined in paragraph 3, and in line with the principles of Annex II the reference to the most recent version of the ES-RIS and to set the date of its application.

3. In the absence of pertinent and up-to-date technical specifications, or when technical specifications developed by CESNI do not comply with any applicable requirements set out in the Annex II or where changes in the decision-making process of CESNI or in other elements of the standard would compromise Union interests and where duly justified by an appropriate analysis, the Commission shall be empowered to adopt delegated acts in accordance with Article 10a to amend Annex III to provide appropriate technical specifications based on the principles set out in Annex II.’

(10) In Article 10a, paragraph 2 is replaced by the following:

‘2. The power to adopt delegated acts referred to in Article 10 shall be conferred on the Commission for a period of five years from [the date of entry into force]. 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.’

(11) In Article 10a, paragraph 6 is replaced by the following:

‘6. A delegated act adopted pursuant to this Article 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.’

(12) Article 11 is replaced by the following:

‘Article 11

Committee procedure

1. The Commission shall be assisted by the Inland Waterway Transport Committee. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council ⁴¹.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’

(13) in Article 12, paragraphs 2 and 3 are deleted.

(14) The following Article 12a is inserted:

‘Article 12a

Monitoring

The Commission shall monitor the setting up of RIS in the Union and shall report to the European Parliament and to the Council by … [5 years after the date of entry into force].’

(15) Annex I to Directive 2005/44/EC is replaced by the text set out in Annex I to this Directive.

(16) Annex II to Directive 2005/44/EC is replaced by the text set out in Annex II to this Directive.

(17) The text set out in Annex III to this Directive is added as Annex III.

Article 2

Transposition

1. Member States falling within the scope of this Directive shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by … [one year after the entry into force] at the latest. They shall immediately inform the Commission thereof.

2. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

3. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

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.

Article 4

Addressees

This Directive is addressed to the Member States which have inland waterways falling within the scope of Article 2 of Directive 2005/44/EC.