Goods and passenger transport by inland waterway
Regulation (EC) No 1356/96 — rules for the inland waterway transport of goods or passengers between EU countries
It seeks to ensure that operators who transport goods or passengers by inland waterway have the freedom to provide these services between EU countries.It has applied since 2 August 1996.
KEY POINTS
The regulation applies to the transport of goods or passengers by inland waterway for journeys between EU countries and transit through them.
All operators transporting goods or passengers by inland waterway are allowed to carry out these services between EU countries provided they meet certain conditions:
they are established in an EU country in accordance with the laws of that country;
they are entitled in that country to carry out international transport of goods or passengers by inland waterway;
they use vessels which are registered in an EU country or, where they do not have registered vessels, they have a certificate of membership of an EU country’s fleet;
they satisfy the requirements laid down in Regulation (EEC) No 3921/91 according to which non-resident operators may transport goods or passengers by inland waterway within an EU country (known as ‘cabotage’).
Special rules on the rights of operators from non-EU countries exist under the Revised Convention for the Navigation of the Rhine (Convention of Mannheim), the Convention on Navigation on the Danube (Belgrade Convention) or may arise from other international agreements or treaties of which the EU is a party.
DOCUMENT
Council Regulation (EC) No 1356/96 of 8 July 1996 on common rules applicable to the transport of goods or passengers by inland waterway between Member States with a view to establishing freedom to provide such transport services (OJ L 175, 13.7.1996, pp. 7–8)
Council Regulation (EEC) No 3921/91 of 16 December 1991 laying down the conditions under which non-resident carriers may transport goods or passengers by inland waterway within a Member State (OJ L 373, 31.12.1991, pp. 1–3)
Inland navigation: conditions attached to chartering and pricing
This Directive aims to adapt the organisation of the turn-by-turnabout chartering systems to greater commercial flexibility in order to achieve a system of free transactions on 1 January 2000.
Council Directive 96/75/EC of 19 November 1996 on the systems of chartering and pricing in national and international inland waterway transport in the Community [Official Journal L 304 of 27.11.96]
The Directive states the principle whereby, in the national and international carriage of goods by inland waterway within the Community, contracts must be freely concluded between the parties concerned, and the prices negotiated freely, where appropriate within charter clearing houses.
However, it provides for a transitional period during which the scope of the turn-by-turnabout system will be gradually restricted, before the final emergence of a free transport chartering and pricing system. It thus stipulates, in particular, that, during the transitional period, the States must, inter alia, provide scope for shippers to enter into multiple-trip contracts. This means a series of successive trips carried out by one and the same vessel, or providing that single or multiple trips offered consecutively in multiples of two on the turn-and-turnabout basis without having found any taker leave the turn-and-turnabout system and are freely negotiated.
It also stipulates that, within the period of two years starting from the date of entry into force of the Directive, Member States shall take the measures needed to provide shippers with a free choice between three types of contract:
time-based contracts;
tonnage-based contracts;
contracts for single or multiple trips.
It will also, under an committee, confer powers upon the Commission to take appropriate measures if there is any serious disruption of the inland waterway transport market.
References
Directive 96/75/EC
Regulation (EC) No 1882/2003
Recognition of professional qualifications in inland navigation
Directive (EU) 2017/2397 on the recognition of professional qualifications in inland navigation
The directive sets up a harmonised system for recognising qualifications applying to all deck crew members working on European Union inland waterways, allowing these crew members to operate throughout the EU.
It aims to remove barriers to labour mobility, to improve safety, to develop the skills and employability of young people and to offer better career prospects to all crew members, as well as to facilitate the transition of experienced workers from other sectors.
The directive introduces a harmonised system for the certification and recognition of professional qualifications of persons operating craft on inland waterways, allowing certificate holders to operate throughout Europe. This now includes the Rhine which was excluded from Directive 91/672/EEC and Directive 96/50/EC, which this legislation repeals with effect from 17 January 2022.It has applied since 16 January 2018 and has to become law in all EU countries by 17 January 2022.
Scope
The system applies to all deck crew members, liquefied natural gas experts and passenger navigation experts working on passenger vessels and other craft greater than 20 m in length (as well as certain other specific types of vessels), except where navigation is for sport or leisure, or by the armed forces or emergency services.
Union certificates of qualification
Under the directive:
deck crew members, persons qualified to take measures in emergency situations on board passenger vessels, and persons involved in refuelling vessels operating on liquefied natural gas, must have an EU certificate of qualification;
boatmasters must have specific authorisations when they
navigate on stretches of inland waterway with specific risks
navigate on inland waterways with a maritime character
navigate by radar
operate vessels powered by liquefied natural gas
sail in large convoys.
The directive sets out minimum requirements for age, administrative compliance, competence and navigation time for the different qualifications. It also requires all deck crew members to meet certain standards for medical fitness.
The directive takes account of the different characteristics of EU countries by allowing exemptions from some measures. This is the case in particular for waterways that are not connected to those of other EU countries and for countries where inland navigation is only seasonal or a very infrequent activity. In any case, all EU countries with navigable inland waterways need to take the necessary measures to implement the certificate recognition system covered by the directive for these waterways.
Recognition
EU certificates of qualification, service record books and logbooks issued by competent authorities are valid on all inland waterways in the EU. Certificates issued in accordance with the regulations for Rhine navigation personnel, which lay down requirements that are identical to those of the directive, are also valid on all EU waterways. Any non-EU country may apply to the European Commission for recognition of the certificates, service record books or logbooks issued by its authorities. Every 8 years, the Commission will review whether the non-EU country’s certification scheme conforms with this directive.
Competence-based approach
Each EU country should ensure that persons receiving certificates of qualification have the corresponding minimum levels of competence following an assessment. This could be an administrative examination, or part of an approved training programme. The possibility of examination on simulators is one of the modern novelties of the directive.
Criteria for classification of some sections of inland waterways
The directive sets objective and transparent criteria for the establishment by EU countries of inland waterways with specific risks, as well as for the classification of inland waterways with a maritime character.
Information exchange system
The directive provides for the setting up of an information system to facilitate the exchange of data on certificates of qualification, service record books and logbooks between the authorities in charge of the implementation and enforcement of the directive.
DOCUMENTS
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 (OJ L 345, 27.12.2017, pp. 53-86)
Council Directive 2014/112/EU of 19 December 2014 implementing the European Agreement concerning certain aspects of the organisation of working time in inland waterway transport, concluded by the European Barge Union (EBU), the European Skippers Organisation (ESO) and the European Transport Workers’ Federation (ETF) (OJ L 367, 23.12.2014, pp. 86-95)
Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (recast) (OJ L 323, 3.12.2008, pp. 33-61)
Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, pp. 22-142)
Council Directive 96/50/EC of 23 July 1996 on the harmonization of the conditions for obtaining national boatmasters’ certificates for the carriage of goods and passengers by inland waterway in the Community (OJ L 235, 17.9.1996, pp. 31-38)
Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work (OJ L 216, 20.8.1994, pp. 12-20)
Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters’ certificates for the carriage of goods and passengers by inland waterway (OJ L 373, 31.12.1991, pp. 29-32)
Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas
This Directive is intended to facilitate the implementation of the common transport policy by achieving better organisation of the market. To this end, it improves the coordination of the conditions for access to the occupation of carrier, encouraging achievement of the free provision of services and the effective exercise of the right of establishment.
Council Directive 87/540/EEC of 9 November 1987 on access to the occupation of carrier of goods by waterway in national and international transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation [Official Journal L 322 of 12 November 1987].
Organisation of the transport market is necessary for the implementation of a common transport policy. Therefore, the measures intended to coordinate the conditions for access to the occupation of carrier are directed towards market integration, in the interest of users, carriers and the economy as a whole. This Directive is also likely to encourage the achievement of the free provision of services and the effective exercise of the right of establishment.
At the same time, the Directive allows for a degree of flexibility by allowing Member States to maintain or lay down rules governing the good repute and financial standing of the carrier. Carriers operating exclusively on navigable waterways on their territory not linked to the waterway network of another Member State may also be exempted from the Directive.
The Directive is based on the principle of mutual recognition of diplomas, certificates and other evidence of formal qualifications.
Scope
Access to the occupation of carrier of goods by waterway is governed by the Member States within the framework of the common rules as laid down in this Directive. The Directive does not apply to natural persons or undertakings pursuing the occupation of carrier of goods by waterway using vessels with a deadweight capacity at maximum draft not exceeding 200 tonnes. However, Member States may lower this limit for all or some transport operations or certain categories of transport.
Access to the occupation
Natural persons and undertakings must meet the condition of professional competence, which means possessing the competences recognised by the authority or body appointed to this end by each Member State in the areas listed in the annex. The authority will issue a certificate once it has verified possession of these competences (on the basis of a diploma, attendance at a course or sufficient practical experience). If the carrier no longer meets the conditions, the certificate may be withdrawn.
Key terms used in the act
Occupation of carrier of goods by waterway vessel: the activities engaged in by any natural person or any undertaking carrying goods by inland waterway for hire or reward, even if this occupation is not exercised on a regular basis,
Undertaking: companies or firms within the meaning of Article 58 of the Treaty and groups or cooperatives of operators whose purpose is to obtain business from shipping agents for distribution among their members, irrespective of whether such groups or cooperatives possess legal personality.
References
Directive 87/540/EEC
Inland navigation: reciprocal recognition of national boatmasters’ certificates
for inland waterway navigation
To institute the reciprocal recognition of national boatmasters’ certificates for inland waterway navigation between the Member States.
Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters’ certificates for the carriage of goods and passengers by inland waterway [See amending acts]
Classification of the national certificates listed in Annex I into two groups: Group B for Community waterways and Group A for special certificates applicable to Community waterways and to maritime areas.
Special scheme for the Rhine. The Rhine boatmaster’s licence, conferred in accordance with the Convention of Mannheim, is valid for all waterways of the Member States and is required for the navigation of boats on the Rhine, the Lek and the Waal.
Institution of the principle of reciprocal recognition of national boatmasters’ certificates for the carriage of goods and passengers by inland waterway. Possibility for Member States to lay down additional qualifications for the navigation of boats transporting dangerous substances on their territory.
Obligation for the Council to decide by 31 December 1994 at the latest on common provisions relating to inland waterway navigation on the basis of a Commission proposal to be submitted by 31 December 1993 at the latest.
Possibility for the Commission to take the necessary steps to adapt the list of national certificates referred to in Annex I. Composition and role of the committee which will assist the Commission in this task.
References
Directive 91/672/EEC
Regulation (EC) No 1882/2003
Directive 2006/102/EC
Directive 2006/103/EC
Rules for promoting inland waterway transport in the EU
Regulation (EC) No 718/1999 on a Community-fleet capacity policy to promote inland waterway transport
Together with its amending regulations, it sets down the rules for a policy on EU fleet capacity.
It seeks to encourage the development of sustainable and competitive inland waterway transport.
KEY POINTS
EU countries that have fleet tonnage of over 100,000 tonnes, and with waterways connected with other EU countries, are required to set up an Inland Waterways Fund (with separate reserve funds for dry cargo carriers*, tankers*, and pusher vessels*).
It covers vessels that transport goods commercially. There are several exemptions, such as for vessels that operate on the Danube or that are used exclusively for storing goods or dredging.
Under Regulation (EC) No 718/1999, these funds were to be administered by national authorities and could be used in 2 situations:
in the event of ‘serious market disturbance’ in the inland waterway transport market (within the meaning of Directive 96/75/EC), and
if unanimously requested by the organisations representing inland waterway transport. As of early 2014, these reserve funds had never been used.
Regulation (EC) No 718/1999 contained an ‘old-for-new’ rule. This meant that any owner who wanted to bring a new vessel into the fleet had to either scrap old vessel tonnage or pay money. This rule came to an end under Regulation (EC) No 411/2003, and could only be reactivated, accompanied or not by structural improvement measures, in the event of a serious market disturbance of the kind referred to in Directive 96/75/EC.
Extended range of measures
Under Regulation (EU) No 546/2014, the scope of the measures available under Regulation (EC) No 718/1999 was amended and extended. The measures include:
help (such as information) for workers on inland waterway carriers leaving the industry to obtain an early retirement pension or transfer to another job,
vocational training or retraining schemes for crew members leaving the industry,
improvement of skills in inland navigation and knowledge of logistics to safeguard the development and future of the profession,
encouraging owner-operators to join trade associations and strengthen the organisations representing inland waterway transport at EU level,
encouraging upgrading of vessels to improve working conditions and safety,
encouraging innovation in respect of vessels and their improved environmental performance,
encouraging the use of the reserve funds together with financial instruments such as Horizon 2020 and the Connecting Europe Facility.
Regulation (EC) No 718/1999 has applied since 29.4.1999. Regulation (EU) No 546/2014 has applied since 18.6.2014.
ACTS
Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community-fleet capacity policy to promote inland waterway transport (OJ L 90, 2.4.1999, pp. 1–5)
Successive amendments to Regulation (EC) No 718/1999 have been incorporated in the basic text. This consolidated version is for reference purposes only.
Council Directive 96/75/EC of 19 November 1996 on the systems of chartering and pricing in national and international inland waterway transport in the Community (OJ L 304, 27.11.1996, pp. 12–14). See consolidated version.
Commission Regulation (EC) No 181/2008 of 28 February 2008 laying down certain measures for implementing Council Regulation (EC) No 718/1999 on a Community fleet capacity policy to promote inland waterway transport (Codified version) (OJ L 56, 29.2.2008, pp. 8–12)
Safe and efficient river transport: river information services
Directive 2005/44/EC on harmonised river information services (RIS) on the EU’s inland waterways
It establishes rules on the use of harmonised river information services (RIS)*. These rules are designed to ensure the safety, efficiency and environmental friendliness of inland waterways in the EU. They apply to canals, rivers, lakes and ports able to take vessels between 1,000 and 1,500 tonnes.
KEY POINTS
River information services include:
geographical, hydrological and administrative data on waterways (‘fairway information’);
data relevant to navigation in the short, medium and long term (‘tactical and strategic traffic information’);
action in the event of an accident (‘calamity abatement support’);
statistics, customs services, waterway charges and port dues.
EU countries must:
ensure their RIS are efficient, allow for expansion and can coordinate with other systems;
supply all RIS users with the relevant data on navigational and voyage planning;
establish RIS centres according to regional needs;
designate authorities to oversee RIS application and the exchange of international data.
The European Commission is responsible for setting out, by agreed deadlines, the technical guidelines for the planning, implementation and operational use of RIS. These include:
an electronic chart display and information system;
electronic ship reporting;
notices to skippers;
vessel tracking and tracing systems;
compatibility of RIS equipment.
The Commission, assisted by a committee of national experts, has developed RIS technical requirements.
Action programme
In 2006, the Commission presented a communication on an integrated EU action programme for inland waterway transport. Known as Naiades (Navigation and inland waterway action and development in Europe), the programme was updated in 2013 (Naiades II) and set out specific objectives up to 2020. The Commission’s Naiades II communication aims to create the conditions for inland navigation transport to become a quality mode of transport.
It entered into force on 20 October 2005. EU countries had to incorporate it in their national law by 20 October 2007.
The EU has over 37,000 km of canals and rivers linking key towns and economic areas. These inland waterways make a major contribution to a sustainable transport system, reducing congestion and pollution on the EU’s roads.
ACT
Directive 2005/44/EC of the European Parliament and of the Council of 7 September 2005 on harmonised river information services (RIS) on inland waterways in the Community (OJ L 255, 30.9.2005, pp. 152–159)
Successive amendments and corrections to Directive 2005/44/EC have been incorporated in the basic text. This consolidated version is for reference purposes only.