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Brussels, 24.10.2006

COM(2006) 646 final

2006/0210 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 2006/…/EC laying down technical requirements for inland waterway vessels

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. INTRODUCTION

In order to avoid further delays in the entry into force of Directive 2006/.../EC of the European Parliament and of the Council of [...] 2006 laying down technical requirements for inland waterway vessels and repealing Council Decision No 82/714/EEC[1], the measures necessary for the implementation of this Directive need as a matter of urgency to be aligned with Council Decision No 1999/468/EC[2].

Directive 2006/.../EC establishes harmonised conditions for issuing technical certificates for inland waterway vessels throughout the Community's inland waterway network

The technical requirements set out in the Annexes to Directive 2006/.../EC for the most part incorporate the provisions laid down in the Regulation on Inspection of Shipping on the Rhine, in the version approved in 2004 by the member states of the Central Commission for Navigation on the Rhine (CCNR). The conditions and technical requirements for issuing inland navigation certificates under Article 22 of the Revised Convention for Rhine Navigation are updated regularly and are recognised as reflecting current technological developments.

In order to prevent distortions of competition and varying levels of safety, it is desirable, specifically in the interests of promoting harmonisation at European level, to adopt equivalent technical requirements for the whole of the Community's inland waterway network and, subsequently, to update them at regular intervals in order to maintain equivalence.

Directive 2006/…/EC should facilitate the adaptation of these technical requirements in the future, by way of a comitology procedure, in the light of technical progress and of developments arising from the work of other international organisations, in particular that of the CCNR. The second indent of Article 20(1) specifies that “ Those amendments shall be made rapidly in order to ensure that the technical requirements necessary for the issuing of the Community inland navigation certificate recognised for navigation on the Rhine give a level of safety equivalent to that required for the issuing of the certificate referred to in Article 22 of the Revised Convention for Rhine Navigation .”

In order to facilitate these rapid amendments, the co-legislators have selected the advisory procedure as the most appropriate of those laid down by Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[3].

With a view to involving the co-legislators more fully in scrutinising executive acts, Council Decision 2006/512/EC of 17 July 2006[4] amending Council Decision 1999/468/EC introduced a regulatory procedure with scrutiny (Article 5a of Decision 1999/468/EC, as amended).

Undifferentiated application of this procedure would entail considerable delays in adapting the Annexes to Directive 2006/…/EC, which would go against the express wishes of the co-legislations as mentioned above. In view of the fact that the Rhine standards are adapted regularly, these delays would be such as to produce the risk of substantial discrepancies between the levels of navigation safety on the Rhine and on other inland waterways in the Community. This would constitute a distortion in competition for Community operators wishing to operate shipping on the Rhine. It would compromise the very effectiveness of the Community inland navigation certificate issued pursuant to Directive 2006/…/EC.

For the above reasons, provision must be made for the Commission to be able to apply the emergency procedure provided for in Article 5a(6) of Council Decision No 1999/468/EC in respect of adaptation of the Annexes or adoption of temporary provisions enabling it, after receiving the assent of the Committee, to adopt and immediately implement such measures. Furthermore, for reasons of effectiveness, the time limits normally applicable under the regulatory procedure with scrutiny should be shortened for any other measure to be taken concerning the safety of inland navigation.

2. AMENDMENTS TO ARTICLES OF THE DIRECTIVE

2.1. Article 19

A reference to the new regulatory procedure with scrutiny introduced by Council Decision 1999/468/EC, as amended, should be added in Article 19 concerning the Committee procedure.

As mentioned above, taking navigation safety reasons into consideration, in order to prevent distortions of competition and in order to enable rapid amendments as provided for by Article 20(1) of the Directive, the Commission must be able to apply the emergency procedure provided for by Council Decision 1999/468/EC, as amended. The new Article 19(4) stipulates that Article 5a(1), (2) and (6) and Article 7 of Council Decision 1999/468/EC are applicable, having regard to the provisions of Article 8 thereof.

The new Article 19(3) stipulates that Articles 5a(1) to (4), Article 5a(5)(b) and Article 7 of Council Decision 1999/468/EC are applicable, having regard to the provisions of Article 8 thereof. For reasons of effectiveness, the time limits provided for in Articles 5a(3)(c), 5a(4)(b) and 5a(4)(e) of Council Decision 1999/468/EC are set at 21 days for Article 5a(3)(c), 15 days for Article 5a(4)(b) and one month for Article 5a(4)(e).

2.2. Article 20

The adaptation of the Annexes in accordance with the first indent of Article 20(1) of Directive 2006/.../EC constitutes a measure of general scope aimed at amending certain non-essential elements of the basic instrument, including by deleting such provisions or supplementing them by adding new non-essential elements. In accordance with Article 2(2) of Council Decision 1999/468/EC, as amended, such measures must be adopted in accordance with the regulatory procedure with scrutiny.

For the above reasons, a reference to the emergency procedure as laid down in the new Article 19(4) of the Directive should be added.

2.3. Annex II to the Directive, Article 1.06

Article 1.06 of Annex II to the Directive provides for the possibility of adopting temporary provisions “ where it is found urgently necessary, for the purposes of adaptation to technical progress of inland waterway transport, to allow derogations from the provisions of this Directive before an expected amendment of this Directive itself or to allow tests .”

In respect of the adoption of such provisions, a reference to the emergency procedure as laid down in the new Article 19(4) of the Directive should be added.

2.4. Annex II to the Directive, Articles 10.03a and 10.03b

Article 10.03 of Annex II to the Directive provides for application of the Committee procedure in respect of the recognition of additional standards concerning the type-approval of certain fire-fighting systems.

Article 10.03 of Annex II to the Directive provides for application of the Committee procedure in respect of certain additional extinguishing agents.

These being measures of general scope which typically are not urgent, to each Article should be added a reference to the regulatory procedure with scrutiny as laid down in the new Article 19(3) of the Directive.

2006/0210 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 2006/…/EC laying down technical requirements for inland waterway vessels

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission[5],

Having regard to the opinion of the European Economic and Social Committee[6],

Having regard to the opinion of the Committee of the Regions[7],

Acting in accordance with the procedure laid down in Article 251 of the Treaty[8],

Whereas:

(1) Directive 2006/.../EC[9] establishes harmonised conditions for issuing technical certificates for inland waterway vessels throughout the Community's inland waterway network.

(2) The technical requirements set out in the Annexes to Directive 2006/.../EC for the most part incorporate the provisions laid down in the Regulation on Inspection of Shipping on the Rhine, in the version approved in 2004 by the member states of the Central Commission for Navigation on the Rhine (CCNR). The conditions and technical requirements for issuing inland navigation certificates under Article 22 of the Revised Convention for Rhine Navigation are updated regularly and are recognised as reflecting current technological developments.

(3) In order to prevent distortions of competition and varying levels of safety, it is desirable, specifically in the interests of promoting harmonisation at European level, to adopt equivalent technical requirements for the whole of the Community's inland waterway network and, subsequently, to update them at regular intervals in order to maintain this equivalence.

(4) Directive 2006/.../EC authorises the Commission to adapt these provisions in the light of technical progress and of developments arising from the work of other international organisations, in particular that of the CCNR, in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[10].

(5) Those amendments must be made rapidly in order to ensure that the technical requirements necessary for the issuing of the Community inland navigation certificate give a level of safety equivalent to that required for the issuing of the certificate referred to in Article 22 of the Revised Convention for Rhine Navigation.

(6) Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for measures of general scope intended to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, including by deleting some of those elements or by supplementing them by the addition of new non-essential elements.

(7) There are therefore grounds for recourse to the regulatory procedure with scrutiny for measures of general scope intended to amend non-essential elements of Directive 2006/.../EC.

(8) For reasons of efficiency, the time limits normally applicable under the regulatory procedure with scrutiny may be shortened.

(9) To avoid compromising the level of navigation safety and to prevent distortions of competition within the single market, the emergency procedure provided for in Article 5a(6) of Council Decision No 1999/468/EC must apply to any amendment of the Annexes to Directive 2006/.../EC to take account of technical developments or related developments stemming from the work of other international organisations, in particular the CCNR, as well as for the adoption of temporary provisions.

(10) Directive 2006/.../EC should be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 2006/…/EC is hereby amended as follows:

1. In Article 19, the following paragraphs 3 and 4 are added:

“ 3. Where reference is made to this paragraph, Article 5a (1) to (4) and (5)(b) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The time limits provided for in Article 5a(3)(c), (4)(b) and (4)(e) of Decision 1999/468/EC shall be set at twenty-one days, fifteen days and one month respectively.

4. Where reference is made to this paragraph, Article 5a (1), (2) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. Where the measures planned by the Commission are not in conformity with the opinion of the Committee, or in the absence of an opinion, the procedure referred to in paragraph 3 shall apply.”

2. Article 20 is replaced by the following:

“ Article 20

Adaptation of the Annexes and recommendations on provisional certificates

1. Any amendments which are necessary to adapt the Annexes to this Directive to technical progress or to developments in this area arising from the work of other international organisations, in particular that of the Central Commission for Navigation on the Rhine (CCNR), to ensure that the two certificates referred to in Article 3(1)(a) are issued on the basis of technical requirements which guarantee an equivalent level of safety shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(4) .Those amendments shall be made rapidly in order to ensure that the technical requirements necessary for the issuing of the Community inland navigation certificate recognised for navigation on the Rhine give a level of safety equivalent to that required for the issuing of the certificate referred to in Article 22 of the Revised Convention for Rhine Navigation.

2. Any measures to take account of the cases referred to in Article 5 shall be adopted by the Commission in accordance with the regulatory procedure with scrutiny referred to in Article 19(2).

3. The Commission shall decide on recommendations from the Committee on the issue of provisional Community inland navigation certificates in accordance with Article 2.19 of Annex II.”

3. Annex II is amended as follows:

1. Article 1.06 is replaced by the following:

“ Temporary requirements

Temporary requirements may be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 19(4) of this Directive, where it is found urgently necessary, for the purposes of adaptation to technical progress of inland waterway transport, to allow derogations from the provisions of this Directive before an expected amendment of this Directive itself or to allow tests. The requirements shall be published and shall be valid for a maximum of three years. They shall enter into force at the same time and shall be annulled under the same conditions in all Member States.”

2. Article 10.03a(5) is replaced by the following:

“5. Systems spraying smaller quantities of water shall have a type-approval pursuant to IMO Resolution A 800(19) or another standard recognised in accordance with the regulatory procedure with scrutiny referred to in Article 19(3) of this Directive. Type-approval shall be by a recognised classification society or an accredited inspection body. The accredited testing institution shall comply with the European standard for general requirements for the competence of testing and calibrating laboratories (EN ISO/IEC 17025: 2000).”

3. Article 10.03b(1) is replaced by the following text:

“1. Extinguishing agents

For protecting engine rooms, boiler rooms and pump rooms, the following extinguishing agents may be used in permanently installed fire-fighting systems:

(a) CO2 (carbon dioxide);

(b) HFC 227ea (heptafluoropropane);

(c) IG-541 (52% nitrogen, 40% argon, 8% carbon dioxide).

Other extinguishing agents shall be permissible only in accordance with the regulatory procedure with scrutiny referred to in Article 19(3) of this Directive.”

Article 2Transposition

1. Member States which have inland waterways as referred to in Article 1(1) of Directive 2006/.../EC shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive with effect from [...][11]. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, 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 a reference shall be laid down by the Member States.

2. 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 The Commission shall inform the other Member States thereof.

Article 3

This Directive enters into force on ... [the same day as Directive 2006/.../EC] .

Article 4

This Directive is addressed to the Member States which have inland waterways as referred to in Article 1(1) of Directive 2006/.../EC.

Done at Brussels,

For the European Parliament For the Council

The President The President

[1] OJ C […], […], p. […].

[2] OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p.11).

[3] OJ L 184, 17.07.1999, p. 23.

[4] OJ L 200, 22.07.2006, p. 11.

[5] OJ C […], […], p. […].

[6] OJ C […], […], p. […].

[7] OJ C […], […], p. […].

[8] OJ C […], […], p. […].

[9] OJ C […], […], p. […].

[10] OJ L 184, 17.07.1999, p. 23.

[11] Two years after the date when this Directive enters into force.