30.12.2006 EN Official Journal of the European Union L 389/1 I (Acts whose publication is obligatory) DIRECTIVE 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 (2006/87/EC) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- (2) Essentially, the technical requirements set out in the PEAN UNION, annexes to Directive 82/714/EEC incorporate the provi- sions laid down in the Rhine Vessel Inspection Regu- lation, in the version approved by the Central Commis- Having regard to the Treaty establishing the European Com- sion for Navigation on the Rhine (CCNR) in 1982. The munity, and in particular Article 71(1) thereof, conditions and technical requirements for issuing inland navigation certificates under Article 22 of the Revised Convention for Rhine Navigation have been revised regu- larly since then and are recognised as reflecting current Having regard to the proposal from the Commission, technological developments. For competition and safety reasons it is desirable, specifically in the interests of promoting harmonisation at European level, to adopt the Having regard to the opinion of the European Economic and scope and content of such technical requirements for the Social Committee (1), whole of the Community's inland waterway network. Account should be taken in this regard of the changes that have occurred in that network. Following consultation of the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (2), (3) Community inland navigation certificates attesting the full compliance of vessels with the aforementioned Whereas: revised technical requirements should be valid on all Community inland waterways. (1) Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels (3) introduced harmonised conditions for issuing technical certificates for inland waterway vessels in all Member States, albeit excluding operations on the Rhine. Nevertheless, at European level, various technical require- (4) It is desirable to ensure a greater degree of harmonisation ments for inland waterway vessels have remained in between the conditions for the issuing of supplementary force. Up to now, the coexistence of various international Community inland navigation certificates by Member and national regulations has obstructed efforts to ensure States for operations on Zone 1 and 2 waterways (estu- mutual recognition of national navigation certificates aries), as well as for operations on Zone 4 waterways. without the need for an additional inspection of foreign vessels. Furthermore, the standards contained in Direc- tive 82/714/EEC, in part, no longer reflect current tech- nological developments. (1) OJ C 157, 25.5.1998, p. 17. (2) Opinion of the European Parliament of 16 September 1999 (OJ C 54, 25.2.2000, p. 79), Council Common Position of 23 February 2006 (OJ (5) In the interests of passenger transport safety, it is desir- C 166 E, 18.7.2006, p. 1), Position of the European Parliament of able that the scope of Directive 82/714/EEC be extended 5 July 2006 (not yet published in the Official Journal) and Council Deci- sion of 23 October 2006. to include passenger vessels designed to carry more than (3) OJ L 301, 28.10.1982, p. 1. Directive as last amended by the 2003 Act 12 passengers, along the lines of the Rhine Vessel Inspec- of Accession. tion Regulation. L 389/2EN Official Journal of the European Union 30.12.2006 (6) In the interests of safety, harmonisation of standards HAVE ADOPTED THIS DIRECTIVE: should be at a high level and should be achieved in such a way so as not to result in any reduction in safety stan- dards on any Community inland waterway. Article 1 (7) It is appropriate to provide for a transitional regime for vessels in service not yet carrying a Community inland Classification of waterways navigation certificate when subjected to a first technical inspection under the revised technical requirements estab- lished by this Directive. 1. For the purposes of this Directive, Community inland waterways shall be classified as follows: (a) Zones 1, 2, 3 and 4: (8) It is appropriate, within certain limits and according to the category of vessel concerned, to determine the period of validity of Community inland navigation certificates in (i) Zones 1 and 2: the waterways listed in Chapter 1 of each specific case. Annex I; (ii) Zone 3: the waterways listed in Chapter 2 of Annex I; (9) The measures necessary for the implementation of this (iii) Zone 4: the waterways listed in Chapter 3 of Annex I. Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers (b) Zone R: those of the waterways referred to in point (a) for conferred on the Commission (1). which certificates are to be issued in accordance with Article 22 of the Revised Convention for Rhine Navigation as that Article is worded when this Directive enters into force. (10) It is necessary that the measures provided for in Council Directive 76/135/EEC of 20 January 1976 on reciprocal 2. Any Member State may, after consulting the Commission, recognition of navigability licenses for inland waterway modify the classification of its waterways into the zones listed vessels (2) remain in force for those vessels not covered in Annex I. The Commission shall be notified of these modifica- by this Directive. tions at least six months before their entry into force and shall inform the other Member States. (11) Given that some vessels fall within the scope of Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regu- Article 2 lations and administrative provisions of the Member States relating to recreational craft (3) as well as of this Directive, the annexes of the two Directives should be Scope of application adjusted by the relevant committee procedures as soon as possible if there are any contradictions or inconsistencies between the provisions of those Directives. 1. This Directive shall, in accordance with Article 1.01 of Annex II, apply to the following craft: (a) vessels having a length (L) of 20 metres or more; (12) In accordance with point 34 of the Interinstitutional Agreement on better law-making (4), Member States are encouraged to draw up, for themselves and in the inter- (b) vessels for which the product of length (L), breadth (B) and 3 ests of the Community, their own tables illustrating, as draught (T) is a volume of 100 m or more. far as possible, the correlation between this Directive and the transposition measures, and to make them public. 2. This Directive shall also apply, in accordance with Article 1.01 of Annex II, to all of the following craft: (a) tugs and pushers intended for towing or pushing craft (13) Directive 82/714/EEC should be repealed, referred to in paragraph 1 or floating equipment or for moving such craft or floating equipment alongside; (1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11). (2) OJ L 21, 29.1.1976, p. 10. Directive as last amended by Directive (b) vessels intended for passenger transport which carry more 78/1016/EEC (OJ L 349, 13.12.1978, p. 31). than 12 passengers in addition to the crew; (3) OJ L 164, 30.6.1994, p. 15. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1). (4) OJ C 321, 31.12.2003, p. 1. (c) floating equipment. 30.12.2006 EN Official Journal of the European Union L 389/3 3. The following craft shall be excluded from this Directive: tional provisions of Chapter 24 of Annex II, with tech- nical requirements as defined in Annex II for which equivalency with the technical requirements laid down (a) ferries; in application of the abovementioned Convention has been established according to the applicable rules and procedures; (b) naval vessels; (c) sea-going vessels, including sea-going tugs and pusher craft, (b) when operating on other waterways, a Community inland which: navigation certificate, including, where applicable, the speci- fications referred to in Article 5. (i) operate or are based on tidal waters; 2. The Community inland navigation certificate shall be (ii) operate temporarily on inland waterways, provided that drawn up following the model set out in Part I of Annex V and they carry: shall be issued in accordance with this Directive. — a certificate proving conformity with the 1974 Inter- national Convention for the Safety of Life at Sea (SOLAS), or equivalent, a certificate proving confor- mity with the 1966 International Convention on Load Lines, or equivalent, and an international oil pollution prevention (IOPP) certificate proving conformity with the 1973 International Convention Article 4 for the Prevention of Pollution from Ships (MARPOL); or — in the case of passenger vessels not covered by all of Supplementary Community inland navigation certificates the Conventions referred to in the first indent, a certificate on safety rules and standards for passenger ships issued in conformity with Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships (1); or 1. All craft carrying a valid certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation may, — subject to the provisions of Article 5(5) of this Directive, navi- in the case of recreational craft not covered by all of gate on Community waterways carrying that certificate only.