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Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas

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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.

ACT

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].

SUMMARY

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

Act

Entry into force - Date of expiry

Deadline for transposition in the Member States

Official Journal

Directive 87/540/EEC

30.6.1988

30.6.1988

OJ L 322 of 12.11.1987

Last updated: 24.01.2007

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