Richtlijn 2006/87 - 2006/87/EG Richtlijn van het Europees Parlement en de Raad van 12 december 2006 tot vaststelling van de technische voorschriften voor binnenschepen - Hoofdinhoud

Technical requirements for inland waterway vessels

This Directive is intended to promote European river transport by improving the technical harmonisation of vessels. It is designed to lay down a high level of safety equivalent to that for shipping on the Rhine. To achieve this, it provides for the introduction of a Community certificate for inland waterway vessels in each Member State, to be issued by the competent authorities, authorising them to operate on Community waterways, including the Rhine.

ACT

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.

SUMMARY

The coexistence of various technical regulations on navigable waterways in the Community has long obstructed the free movement of vessels.

This Directive is designed to strengthen the harmonisation of the requirements for issuing navigation certificates by the Member States.

Scope of application

The Directive applies to vessels of a length of 20 metres or more and a volume of at least 100 m3. It also applies to floating equipment, tugs and pushers, and vessels intended for passenger transport carrying more than 12 passengers in addition to the crew. Ferries, naval vessels and warships are excluded from its scope of application.

Waterways

The Community waterways concerned are classified in four navigable zones plus a zone R – the Rhine – which is covered by a special convention. Any Member State may change the classification of its waterways, subject to their being notified to the Commission at least six months in advance.

Derogations

Exceptions are allowed: any Member State may, after consulting the Commission, authorise a reduction of the technical requirements of Annex II for craft operating exclusively in certain zones.

Derogations are also possible in the case of vessels operating on waterways not linked to the waterways of another Member State or making limited journeys of local interest or in harbour areas. However, the Member States may also, under certain conditions, lay down additional technical requirements for vessels operating on their waterways.

Certificates

Craft operating on Community waterways must also carry a Community certificate. Where they operate in zone R, they must have either a Community certificate or a certificate issued in accordance with the Revised Convention for Rhine Navigation. Community certificates are to be issued for craft laid down from 30 December 2008 onwards, following a technical inspection carried out prior to the craft being put into service and intended to check whether it complies with the technical requirements laid down in Annex II to the Directive. If the competent authorities find any infringements of the requirements, the craft may, provided that it does not constitute a manifest danger, continue to operate until such time as the non-compliant components or areas of the craft are replaced or altered. After that, the components or areas must meet the requirements of Annex II.

Community certificates may be issued by the competent authorities of any Member State. It must draw up a list of its competent authorities and notify them to the Commission.

Implementing powers

Directive 2006/137/EC adapts Directive 2006/87/EC to bring it into line with Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission. Directive 2006/87/EC empowers the Commission to update the technical requirements in the Annexes to Directive 2006/87/EC.

Transport of dangerous goods

Directive 2008/68/EC repeals Article 6 of Directive 2006/87/EC on the transport of dangerous goods, and establishes common rules for all aspects of inland transport, including inland navigation.

REFERENCES

AMENDMENT OF ANNEXES

Annex I – List of Community inland waters divided geographically into zones 1, 2, 3 and 4

Directive 2008/59/EC [OJ L 166 of 27.6.2008];

Directive 2009/46/EC [OJ L 109 of 30.4.2009].

Annex II – Minimal technical requirements applicable to vessels on inland waterways of zones 1, 2, 3 and 4

Directive 2006/137/EC [OJ L 389 of 30.12.2006];

Directive 2008/87/EC [OJ L 255 of 23.9.2008];

Directive 2008/126/EC [OJ L32 of 31.1.2009];

Directive 2009/46/EC [OJ L109 of 30.4.2009];

Directive 2012/49/EU [OJ L 6 of 10.1.2013].

Annex V – Model Community inland navigation certificates

Directive 2008/87/EC [OJ L 255 of 23.9.2008];

Directive 2009/46/EC [OJ L 109 of 30.4.2009].

Annex VI – Model register of Community inland navigation certificates

Directive 2008/68/EC [OJ L260 of 30.9.2008];

Directive 2008/87/EC [OJ L 255 of 23.9.2008].

RELATED DOCUMENTS

Proposal

Proposal for a Directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Directive 2006/87/EC of the European Parliament and of the Council [ COM(2013)622 final of 10.9.2013 - not published in the Official Journal].

Directive 2006/87/EC establishes harmonised conditions for issuing technical certificates for inland waterway vessels throughout the Union's inland waterway network. However, the technical requirements for vessels navigating on the Rhine river are established by the Central Commission for Navigation on the Rhine (CCNR).

For the most part, the technical requirements set out in the annexes to Directive 2006/87/EC incorporate the provisions laid down in the Rhine Vessels Inspection Regulations. The conditions and technical requirements for issuing inland navigation certificates under Article 22 of the Revised Convention on the Navigation on the Rhine are updated regularly and are recognised as reflecting current technological developments.

Maintaining two different set of rules, those for certificates issued pursuant to Article 22 of the Revised Convention on the Navigation on the Rhine and for the Union inland navigation certificate, does not ensure legal certainty and safety. To prevent distortions of competition and varying levels of safety, the proposed Directive would ensure that the same technical requirements apply to the whole of the Union's inland waterway network and would be updated regularly.

Last updated: 08.02.2014

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