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Document 02017L2397-20220303
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 (Text with EEA relevance)Text with EEA relevance
Consolidated text: 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 (Text with EEA relevance)Text with EEA relevance
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 (Text with EEA relevance)Text with EEA relevance
02017L2397 — EN — 03.03.2022 — 002.001
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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, p. 53) |
Amended by:
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DIRECTIVE (EU) 2021/1233 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 July 2021 |
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30.7.2021 |
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COMMISSION DELEGATED REGULATION (EU) 2022/184 of 22 November 2021 |
L 30 |
3 |
11.2.2022 |
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
(Text with EEA relevance)
CHAPTER 1
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter
This Directive lays down the conditions and procedures for the certification of the qualifications of persons involved in the operation of a craft navigating on Union inland waterways, as well as for the recognition of such qualifications in the Member States.
Article 2
Scope
This Directive applies to deck crew members, liquefied natural gas experts and passenger navigation experts on the following types of craft on any Union inland waterway:
vessels having a length of 20 metres or more;
vessels for which the product of length, breadth and draught is a volume of 100 cubic metres or more;
tugs and pushers intended for:
towing or pushing vessels referred to in points (a) and (b);
towing or pushing floating equipment;
moving vessels referred to in points (a) and (b) or floating equipment alongside;
passenger vessels;
vessels required to have a certificate of approval pursuant to Directive 2008/68/EC of the European Parliament and of the Council ( 1 );
floating equipment.
This Directive does not apply to persons:
navigating for sport or pleasure;
involved in the operation of ferries not moving independently;
involved in the operation of craft used by armed forces, forces maintaining public order, civil defence services, waterway administrations, fire services and other emergency services.
Without prejudice to Article 39(3), this Directive also does not apply to persons navigating in Member States with no inland waterways linked to the navigable network of another Member State and who are exclusively:
navigating limited journeys of local interest, where the distance from the departure point is at no time more than ten kilometres; or
navigating seasonally.
Article 3
Definitions
For the purposes of this Directive, the following definitions apply:
‘inland waterway’ means a waterway other than the sea, open to navigation by craft referred to in Article 2;
‘craft’ means a vessel or item of floating equipment;
‘vessel’ means an inland waterway vessel or seagoing ship;
‘tug’ means a vessel specially built to perform towing operations;
‘pusher’ means a vessel specially built to propel a pushed convoy;
‘passenger vessel’ means a vessel constructed and equipped to carry more than 12 passengers;
‘Union certificate of qualification’ means a certificate, issued by a competent authority, attesting that a person fulfils the requirements of this Directive;
‘STCW Convention’ means ‘STCW Convention’ as defined in Article 1(21) of Directive 2008/106/EC of the European Parliament and of the Council ( 2 );
‘deck crew members’ means persons who are involved in the general operation of a craft navigating on Union inland waterways and who carry out various tasks, such as tasks related to navigation, controlling the operation of the craft, cargo handling, stowage, passenger transport, marine engineering, maintenance and repair, communication, health and safety, and environmental protection, other than persons who are solely assigned to the operation of the engines, cranes, or electrical and electronic equipment;
‘radio operator’s certificate’ means a national certificate, issued by a Member State in accordance with the Radio Regulations annexed to the International Telecommunication Convention, authorising the operation of a radio-communication station on an inland waterway craft;
‘passenger navigation expert’ means a person serving on board the vessel who is qualified to take measures in emergency situations on board passenger vessels;
‘liquefied natural gas expert’ means a person who is qualified to be involved in the bunkering procedure of a craft using liquefied natural gas as fuel or to be the boatmaster sailing such a craft;
‘boatmaster’ means a deck crew member who is qualified to sail a craft on the Member States’ inland waterways and is qualified to have overall responsibility on board, including for the crew, for the passengers and for the cargo;
‘specific risk’ means a safety hazard that is due to particular navigation conditions which require boatmasters to have competences beyond what is expected under the general standards of competence for the management level;
‘competence’ means the proven ability to use the knowledge and skills required by the established standards for the proper performance of the tasks necessary for the operation of inland waterway craft;
‘management level’ means the level of responsibility associated with serving as boatmaster and with ensuring that other deck crew members properly perform all tasks in the operation of a craft;
‘operational level’ means the level of responsibility associated with serving as boatman, as able boatman or as helmsman and with maintaining control over the performance of all tasks within that person’s designated area of responsibility in accordance with proper procedures and under the direction of a person serving at management level;
‘large convoy’ means a pushed convoy for which the product of the total length and the total width of the pushed craft is 7 000 square metres or more;
‘service record book’ means a personal register that records details of a crew member’s work history, in particular navigation time and journeys carried out;
‘logbook’ means an official record of the journeys made by a craft and its crew;
‘active service record book’ or ‘active logbook’ means a service record book or logbook which is open for recording data;
‘navigation time’ means the time, measured in days, that deck crew members have spent aboard during a journey on a craft on inland waterways, including loading and unloading activities that require active navigational operations, which has been validated by the competent authority;
‘floating equipment’ means a floating installation carrying working gear such as cranes, dredging equipment, pile drivers or elevators;
‘length’ means the maximum length of the hull in metres, excluding rudder and bowsprit;
‘breadth’ means the maximum breadth of the hull in metres, measured to the outer edge of the shell plating (excluding paddle wheels, rub rail, and similar);
‘draught’ means the vertical distance in metres between the lowest point of the hull without taking into account the keel or other fixed attachments and the maximum draught line;
‘seasonal navigation’ means a navigating activity which is exercised for not more than six months each year.
CHAPTER 2
UNION CERTIFICATES OF QUALIFICATION
Article 4
Obligation to carry a Union certificate of qualification as a deck crew member
Article 5
Obligation to carry a Union certificate of qualification for specific operations
Article 6
Obligation for boatmasters to hold specific authorisations
Member States shall ensure that boatmasters hold specific authorisations issued in accordance with Article 12 when:
sailing on waterways that have been classified as inland waterways with a maritime character pursuant to Article 8;
sailing on waterways that have been identified as stretches of inland waterways with specific risks pursuant to Article 9;
sailing with the aid of radar;
sailing craft using liquefied natural gas as fuel;
sailing large convoys.
Article 7
Exemptions related to national inland waterways that are not linked to the navigable network of another Member State
Article 8
Classification of inland waterways with a maritime character
Member States shall classify a stretch of inland waterway in their territory as an inland waterway with a maritime character where one of the following criteria is met:
the Convention on the International Regulations for Preventing Collisions at Sea is applicable;
the buoys and signs are in accordance with the maritime system;
terrestrial navigation is necessary on that inland waterway; or
maritime equipment which requires special knowledge for its operation is necessary for navigation on that inland waterway.
Article 9
Stretches of inland waterways with specific risks
Where necessary to ensure safety of navigation, Member States may identify stretches of inland waterways with specific risks which run through their own territories, in accordance with the procedure set out in paragraphs 2 to 4, where such risks are due to one or more of the following reasons:
frequently changing stream patterns and speed;
the hydro-morphological characteristics of the inland waterway and the absence of appropriate Fairway Information Services on the inland waterway or of suitable charts;
the presence of a specific local traffic regulation justified by specific hydro-morphological characteristics of the inland waterway; or
a high frequency of accidents at a specific stretch of the inland waterway that is attributed to the lack of a competence that is not covered by the standards referred to in Article 17.
Where Member States consider it to be necessary to ensure safety, they shall consult the relevant European River Commission during the process of identifying the stretches referred to in the first subparagraph.
Article 10
Recognition
Such certificates, service record books and logbooks that have been issued by a third country shall be valid on all Union inland waterways, provided that that third country recognises, within its jurisdiction, Union documents issued pursuant to this Directive.
If those requirements are found to be identical, the Commission shall adopt implementing acts granting recognition in the Union to the certificates, record books or logbooks issued by that third country, subject to that third country recognising within its jurisdiction Union documents issued pursuant to this Directive.
When adopting the implementing act referred to in the second subparagraph of this paragraph, the Commission shall specify to which documents, referred to in paragraph 4 of this Article, the recognition applies. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 33(3).
The Commission may at any time rescind the suspension, if the identified shortcomings as regards the standards applied have been resolved.
CHAPTER 3
CERTIFICATION OF PROFESSIONAL QUALIFICATIONS
SECTION I
Procedure for issuing Union certificates of qualification and specific authorisations
Article 11
Issuing and validity of Union certificates of qualification
Member States shall ensure that applicants for Union certificates of qualification as a deck crew member and Union certificate of qualification for specific operations provide satisfactory documentary evidence:
of their identity;
that they meet the minimum requirements laid down in Annex I on age, competence, administrative compliance and navigation time for the qualification for which they have applied;
that they meet the standards for medical fitness in accordance with Article 23, where applicable.
Article 12
Issuing and validity of specific authorisations for boatmasters
Member States shall ensure that applicants for specific authorisations referred to in Article 6 provide satisfactory documentary evidence:
of their identity;
that they meet the minimum requirements laid down in Annex I on age, competence, administrative compliance and navigation time for the specific authorisation for which they have applied;
that they hold a Union certificate of qualification as a boatmaster or of a certificate recognised in accordance with Article 10(2) and (3), or that they meet the minimum requirements for Union certificates of qualification for boatmasters provided for by this Directive.
By way of derogation from paragraph 1 of this Article, for specific authorisations for sailing on stretches of inland waterways with specific risks required pursuant to point (b) of Article 6, applicants shall provide to the competent authorities of the Member States referred to in Article 20(3) satisfactory documentary evidence:
of their identity;
that they meet the requirements established in accordance with Article 20 for the competence for specific risks for the specific stretch of inland waterway for which the authorisation is required;
that they hold a Union certificate of qualification as a boatmaster or of a certificate recognised in accordance with Article 10(2) and (3), or that they meet the minimum requirements for Union certificates of qualification for boatmasters provided for by this Directive.
Article 13
Renewal of Union certificates of qualification and of specific authorisations for boatmasters
Upon the expiry of a Union certificate of qualification, Member States shall, upon request, renew the certificate and, where relevant, the specific authorisations included therein, provided that:
for Union certificates of qualification as a deck crew member and for specific authorisations other than the one referred to in point (d) of Article 6, satisfactory documentary evidence referred to in points (a) and (c) of Article 11(1) has been submitted;
for Union certificates of qualification for specific operations, the satisfactory documentary evidence referred to in points (a) and (b) of Article 11(1) has been submitted.
Article 14
Suspension and withdrawal of Union certificates of qualification or specific authorisations for boatmasters
SECTION II
Administrative Cooperation
Article 15
Cooperation
Where a Member State referred to in Article 39(3) determines that a certificate of qualification issued by a competent authority in another Member State does not satisfy conditions laid down by this Directive, or where there are reasons of safety or public order, the competent authority shall request the issuing authority to consider suspending that certificate of qualification pursuant to Article 14. The requesting authority shall inform the Commission of its request. The authority that issued the certificate of qualification in question shall examine the request and shall notify the other authority of its decision. Any competent authority may prohibit persons from operating in its area of jurisdiction pending notification of the issuing authority’s decision.
The Member States referred to in Article 39(3) shall also cooperate with competent authorities of other Member States in order to ensure that navigation time and journeys for holders of certificates of qualification and service record books recognised under this Directive are recorded, if a holder of a service record book requests the recording, and are validated for a period of up to 15 months before the request for validation. The Member States referred to in Article 39(3) shall inform the Commission, where relevant, of the inland waterways on their territory where competences for navigation of a maritime character are required.
SECTION III
Competences
Article 16
Requirements for competences
Article 17
Assessment of competences
Member States shall ensure that persons who apply for the documents referred to in Articles 4, 5 and 6 demonstrate, where applicable, that they meet the standards of competence referred to in paragraph 1 of this Article by passing an examination that was organised:
under the responsibility of an administrative authority in accordance with Article 18 or;
as part of a training programme approved in accordance with Article 19.
The demonstration of compliance with the standards of competence shall include a practical examination for obtaining:
a Union certificate of qualification as a boatmaster;
a specific authorisation for sailing with the aid of radar as referred to in point (c) of Article 6;
a Union certificate of qualification as a liquefied natural gas expert;
a Union certificate of qualification as a passenger navigation expert.
To obtain the documents referred to in points (a) and (b) of this paragraph, practical examinations may take place on board a craft or on a simulator that complies with Article 21. For points (c) and (d) of this paragraph, practical examinations may take place on board a craft or at an appropriate onshore installation.
Article 18
Examination under the responsibility of an administrative authority
Article 19
Approval of training programmes
Member States shall ensure that the quality assessment and assurance of the training programmes is ensured by the application of a national or international quality standard in accordance with Article 27(1).
Member States may approve the training programmes referred to in paragraph 1 of this Article only if:
the training objectives, learning content, methods, media of delivery, procedures, including the use of simulators, where applicable, and course materials are properly documented and allow applicants to achieve the standards of competence referred to in Article 17(1);
the programmes for the assessment of the relevant competences are conducted by qualified persons who have in-depth knowledge of the training programme;
an examination to verify compliance with the standards of competence referred to in Article 17(1) is carried out by qualified examiners who are free from conflicts of interest.
Article 20
Assessment of competences for specific risks
Taking into account the competences required for navigating on the stretch of inland waterway with specific risks, the means necessary to prove that such requirements are met may consist of the following:
a limited number of journeys to be carried out on the stretch concerned;
a simulator examination;
a multiple choice examination;
an oral examination; or
a combination of the means referred to in points (a) to (d).
When applying this paragraph, the Member States shall apply objective, transparent, non-discriminatory and proportionate criteria.
Article 21
Use of simulators
SECTION IV
Navigation time and medical fitness
Article 22
Service record book and logbook
By way of derogation from the first subparagraph, when Member States apply Article 7(1) or Article 39(2), the obligation laid down in the first subparagraph of this paragraph shall apply only if a holder of a service record book requests the recording.
Navigation time that has been acquired on any of the Member States’ inland waterways shall be taken into consideration. In the case of inland waterways whose courses are not fully within Union territory, the navigation time acquired on sections located outside the Union territory shall also be taken into consideration.
When adopting those implementing acts, the Commission shall take into account the fact that the logbook is also used in the implementation of Council Directive 2014/112/EU ( 4 ), for verifying manning requirements and recording journeys of the craft.
Article 23
Medical fitness
The applicants shall present a medical certificate to the competent authority when applying for
their first Union certificate of qualification as a deck crew member;
their Union certificate of qualification as a boatmaster;
the renewal of their Union certificate of qualification as a deck crew member in case the conditions specified in paragraph 3 of this Article are met.
Medical certificates issued for the purpose of obtaining a Union certificate of qualification shall be dated no earlier than three months before the date of the application for a Union certificate of qualification.
CHAPTER 4
ADMINISTRATIVE PROVISIONS
Article 24
Protection of personal data
Member States shall ensure that personal data are processed only for the purposes of:
implementing, enforcing and evaluating this Directive;
exchanging information between the authorities that have access to the database referred to in Article 25 and the Commission;
producing statistics.
Anonymised information derived from such data may be used to support policies that promote inland waterway transport.
Article 25
Registers
For Union certificates of qualification, registers shall include the data appearing on the Union certificates of qualification and the issuing authority.
For service record books, registers shall include the name of the holder and his identification number, the service record book identification number, the date of issuance and the issuing authority.
For logbooks, registers shall include the name of the craft, the European Number of Identification or European Vessel Identification Number (ENI number), the logbook identification number, the date of issuance and the issuing authority.
The Commission is empowered to adopt delegated acts in accordance with Article 31 in order to supplement the information in the registers for service record books and logbooks with other information required by the models of service record books and logbooks adopted pursuant to Article 22(4), with the objective of further facilitating the exchange of information between Member States.
The Commission is empowered to adopt delegated acts in accordance with Article 31 to provide the standards laying down the characteristics of such a database and the conditions for its use, specifying in particular:
the instructions for encoding data into the database;
the access rights of the users, differentiated where appropriate according to the type of users, the type of access and the purpose for which the data is used;
the maximum duration that data is retained in accordance with paragraph 3 of this Article, differentiated where appropriate according to the type of document;
the instructions regarding the operation of the database and its interaction with the registers referred to in paragraph 1 of this Article.
The Commission may provide access to the database to an authority of a third country or to an international organisation in so far as this is necessary for the purposes referred to in paragraph 2 of this Article, provided that:
the requirements of Article 9 of Regulation (EC) No 45/2001 are fulfilled; and
the third country or the international organisation does not limit access by Member States or by the Commission to its corresponding database.
The Commission shall ensure that the third country or international organisation does not transfer the data to another third country or international organisation without the Commission’s express written authorisation and under the conditions specified by the Commission.
Article 26
Competent authorities
Member States shall designate, where applicable, which competent authorities are to:
organise and supervise the examinations referred to in Article 18;
approve the training programmes referred to in Article 19;
approve simulators referred to in Article 21;
issue, renew, suspend or withdraw the certificates and issue the specific authorisations referred to in Articles 4, 5, 6, 11, 12, 13, 14 and 38 as well as the service record books and the logbooks referred to in Article 22;
validate the navigation time in service record books referred to in Article 22;
determine the medical practitioners who may issue medical certificates pursuant to Article 23;
keep the registers referred to in Article 25;
detect and combat fraud and other unlawful practices referred to in Article 29.
Article 27
Monitoring
Member States shall ensure, having regard to the policies, systems, controls and internal quality-assurance reviews established to ensure achievement of the defined objectives, that the fields of application of the quality standards cover:
the issuance, renewal, suspension and withdrawal of Union certificates of qualification, service record books and logbooks;
all training courses and programmes;
examinations and assessments carried out by or under the authority of each Member State; and
the qualifications and experience required of trainers and examiners.
Article 28
Evaluation
Article 29
Prevention of fraud and other unlawful practices
Article 30
Penalties
Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
CHAPTER 5
FINAL PROVISIONS
Article 31
Exercise of the delegation
Article 32
CESNI Standards and Delegated Acts
Delegated acts adopted under this Directive shall, except for those based on Article 25, make reference to standards established by CESNI, provided that:
those standards are available and up-to-date;
those standards comply with any applicable requirements set out in the Annexes;
Union interests are not compromised by changes in the decision-making process of CESNI.
Where these conditions are not met, the Commission may provide or refer to other standards.
Where delegated acts adopted under this Directive refer to standards, the Commission shall include the entire text of those standards in those delegated acts, and shall make or update the relevant reference and enter the date of application in Annex IV.
Article 33
Committee procedure
Where the opinion of the Committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides.
Article 34
CESNI Standards and Implementing Acts
When adopting the implementing acts referred to in Articles 11(3), 18(3) and 22(4) the Commission shall make reference to standards established by CESNI, and set the date of application, provided that:
those standards are available and up-to-date;
those standards comply with any applicable requirements set out in the Annexes;
Union interests are not compromised by changes in the decision-making process of CESNI.
Where these conditions are not met, the Commission may provide or refer to other standards.
Where implementing acts adopted under this Directive refer to standards, the Commission shall include the entire text of those standards in those implementing acts.
Article 35
Review
Article 36
Phasing-in
At the latest 24 months after the adoption of the delegated acts referred to in Article 25(2), the Commission shall set up the database provided for in that Article.
Article 37
Repeal
Directives 91/672/EEC and 96/50/EC are repealed with effect from 18 January 2022.
References to the repealed Directives shall be construed as references to this Directive.
Article 38
Transitional provisions
Before 18 January 2032, the Member State that issued the certificates referred to in the first subparagraph shall issue to boatmasters who hold such certificates in accordance with the model prescribed by this Directive, upon their request, a Union certificate of qualification or a certificate as referred to in Article 10(2), subject to the boatmaster having provided satisfactory documentary evidence as referred to in points (a) and (c) of Article 11(1).
Where crew members referred to in the first subparagraph of this paragraph apply for a Union certificate of qualification or a certificate referred to in Article 10(2), Member States shall ensure that a certificate of qualification is issued for which the competence requirements are similar to or lower than those of the certificate to be replaced. A certificate for which the requirements are higher than those of the certificate to be replaced shall only be issued where the following conditions are met:
for the Union certificate of qualification as a boatman: 540 days of navigation time, including at least 180 days in inland navigation;
for the Union certificate of qualification as an able boatman: 900 days of navigation time, including at least 540 days in inland navigation;
for the Union certificate of qualification as a helmsman: 1 080 days of navigation time, including at least 720 days in inland navigation.
The navigation experience shall be demonstrated by means of a service record book, logbook or other proof.
The minimum durations of the navigation time as set in points (a), (b) and (c) of the second subparagraph of this paragraph may be reduced by a maximum of 360 days of navigation time where the applicant has a diploma which is recognised by the competent authority and which confirms the applicant’s specialised training in inland navigation comprising practical navigation work. The reduction of the minimum duration may not be greater than the duration of the specialised training.
Before the expiry of that period, such crew members may apply to a competent authority issuing such certificates for a Union certificate of qualification or for a certificate referred to in Article 10(2), on condition that they provide satisfactory evidence as referred to in points (a) and (c) of Article 11(1). The second and the third subparagraph of paragraph 3 of this Article shall apply accordingly.
By way of derogation from Article 4(1), until 17 January 2038, Member States may allow boatmasters who sail sea-going ships operating on specific inland waterways to carry a certificate of competency for masters that has been issued in accordance with the provisions of the STCW Convention, provided that:
this inland navigation activity is performed at the beginning or at the end of a maritime transport journey; and
the Member State has recognised certificates referred to in this paragraph for at least five years on 16 January 2018 on the inland waterways concerned.
Article 39
Transposition
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Such Member State may not issue Union certificates of qualifications or approve training programmes or simulators until it has transposed and implemented the remaining provisions of this Directive and has informed the Commission that it has done so.
Such Member State may not issue Union certificates of qualification or approve training programmes or simulators until it has transposed and implemented the remaining provisions of this Directive and has informed the Commission that it has done so.
Such Member State may not issue Union certificates of qualification or approve training programmes or simulators until it has transposed and implemented the provisions of this Directive and informed the Commission that it has done so.
Article 40
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 41
Addressees
This Directive is addressed to the Member States.
ANNEX I
MINIMUM REQUIREMENTS FOR AGE, ADMINISTRATIVE COMPLIANCE, COMPETENCE AND NAVIGATION TIME
The minimum requirements for the deck crew qualifications set out in this Annex are to be understood as an ascending level of qualifications, with the exception of the qualifications of deckhands and apprentices, which are considered to be at the same level.
1 Deck crew qualifications at entry level
1.1 Minimum requirements for certification as a deckhand
Every applicant for a Union certificate of qualification shall:
1.2 Minimum requirements for certification as an apprentice
Every applicant for a Union certificate of qualification shall:
2 Deck crew qualifications at operational level
2.1 Minimum requirements for certification as a boatman
Every applicant for a Union certificate of qualification shall:
2.2 Minimum requirements for certification as an able boatman
Every applicant for a Union certificate of qualification shall:
2.3 Minimum requirements for certification as a helmsman
Every applicant for a Union certificate of qualification shall:
3 Deck crew qualifications at management level
3.1 Minimum requirements for certification as a boatmaster
Every applicant for a Union certificate of qualification shall:
3.2 Minimum requirements for specific authorisations for Union certificates of qualification as a boatmaster
3.2.1 Waterways with a maritime character
Every applicant shall:
3.2.2 Radar
Every applicant shall:
3.2.3 Liquefied natural gas
Every applicant shall:
3.2.4 Large convoys
Every applicant shall have accumulated navigation time of at least 720 days, including at least 540 days while qualified to serve as a boatmaster and at least 180 days in steering a large convoy.
4 Qualifications for specific operations
4.1 Minimum requirements for the certification of a passenger navigation expert
4.2 Minimum requirements for certification as a LNG expert
have accumulated the following navigation time aboard a craft using LNG as fuel:
meet the standards of competence for LNG experts set out in Annex II.
ANNEX II
ESSENTIAL COMPETENCE REQUIREMENTS
1 Essential competence requirements at operational level
1.1 Navigation
The boatman shall assist the management of the craft in situations of manoeuvring and handling a craft on inland waterways. The boatman shall be able to do so on all types of waterways and in all types of ports. In particular the boatman shall be able to:
1.2 Operation of craft
The boatman shall be able to:
1.3 Cargo handling, stowage and passenger transport
The boatman shall be able to:
1.4 Marine engineering and electrical, electronic and control engineering
The boatman shall be able to:
1.5 Maintenance and repair
The boatman shall be able to:
1.6 Communication
The boatman shall be able to:
1.7 Health and safety and environmental protection
The boatman shall be able to:
2 Essential competence requirements for competences at management level
2.0 Supervision
The boatmaster shall be able to:
2.1 Navigation
The boatmaster shall be able to:
2.2 Operation of craft
The boatmaster shall be able to:
2.3 Cargo handling, stowage and passenger transport
The boatmaster shall be able to:
2.4 Marine engineering and electrical, electronic and control engineering
The boatmaster shall be able to:
2.5 Maintenance and repair
The boatmaster shall be able to:
2.6 Communication
The boatmaster shall be able to:
2.7 Health and safety, passenger rights and environmental protection
The boatmaster shall be able to:
3 Essential competence requirements for specific authorisations
3.1 Sailing on inland waterways with a maritime character
The boatmaster shall be able to:
3.2 Radar navigation
The boatmaster shall be able to:
4 Essential competence requirements for specific operations
4.1 Passenger navigation expert
Every applicant shall be able to:
4.2 Liquefied natural gas (LNG) expert
Every applicant shall be able to:
ANNEX III
ESSENTIAL REQUIREMENTS REGARDING MEDICAL FITNESS
Medical fitness, comprising of physical and psychological fitness, means not suffering from any disease or disability which makes the person serving on board a craft unable to:
The examination shall, in particular, cover visual and auditory acuity, motor functions, the neuro-psychiatric state and cardiovascular conditions.
ANNEX IV
APPLICABLE REQUIREMENTS
Table A
Subject matter, Article |
Conformity requirements |
Start of application |
Practical examinations, Article 17(4) |
ES-QIN 2018, specifically by CESNI Resolutions 2018-II-9, 2018-II-10, 2018-II-11, 2018-II-12, 2018-II-13 |
18/01/2022 |
Approval of simulators, Article 21(2) |
ES-QIN 2018, specifically CESNI Resolutions 2018-II-14 and 2018-II-15 |
18/01/2022 |
Characteristics and conditions of use of registers, Article 25(2) |
|
|
Table B
Item |
Essential competence requirements |
Conformity requirements |
Start of application |
1 |
Essential competence requirements at operational level |
ES-QIN 2018, specifically CESNI Resolution 2018-II-3 |
18/01/2022 |
2 |
Essential competence requirements at management level |
ES-QIN 2018, specifically CESNI Resolution 2018-II-4 |
18/01/2022 |
3 |
Essential competence requirements for specific authorisations |
|
|
3.1 |
Sailing on inland waterways with a maritime character |
ES-QIN 2018, specifically CESNI Resolution 2018-II-6 |
18/01/2022 |
3.2 |
Radar navigation |
ES-QIN 2018, specifically CESNI Resolution 2018-II-7 |
18/01/2022 |
4 |
Essential competence requirements for specific operations |
|
|
4.1 |
Passenger navigation expert |
ES-QIN 2018, specifically CESNI Resolution 2018-II-5 |
18/01/2022 |
4.2 |
Liquefied natural gas (LNG) expert |
ES-QIN 2018, specifically CESNI Resolution 2018-II-8 |
18/01/2022 |
Table C
Essential requirements regarding medical fitness |
Conformity requirements |
Start of application |
Medical fitness examination |
ES-QIN 2018, specifically CESNI Resolution 2018-II-2 |
18/01/2022. |
( 1 ) Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13).
( 2 ) Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (OJ L 323, 3.12.2008, p. 33).
( 3 ) Directive 2005/45/EC of the European Parliament and of the Council of 7 September 2005 on the mutual recognition of seafarers’ certificates issued by the Member States and amending Directive 2001/25/EC (OJ L 255, 30.9.2005, p. 160).
( 4 ) 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, p. 86).
( 5 ) Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1).
( 6 ) Directive (EU) 2016/1629 of the European Parliament and of the Council of 14 September 2016 laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC (OJ L 252, 16.9.2016, p. 118).