(1)

Directive 2005/44/EC of the European Parliament and of the Council (3) establishes a framework for the deployment and use of harmonised river information services (RIS) in the Union. The deployment of RIS on inland waterways supports the safety and efficiency of transport by inland waterways, and ultimately the sustainability and attractiveness of the sector, by increasing the efficiency of inland waterway transport operations.

(2)

Since the entry into force of Directive 2005/44/EC, the inland waterway sector has benefited from the provision of harmonised RIS. However, the level of harmonisation between Member States varies, and the process of introducing the necessary specifications has proved to be lengthy. Additionally, the Commission communication of 11 December 2019 entitled ‘The European Green Deal’ calls for the further development of an automated and connected multimodal mobility. Consequently, RIS should be adapted to address those new challenges. Furthermore, the Commission communication of 9 December 2020 entitled ‘Sustainable and Smart Mobility Strategy – putting European transport on track for the future’ proposes the revision of Directive 2005/44/EC as one of the measures to achieve the objective of promoting the creation of a truly smart transport system, efficient capacity allocation and traffic management. The Commission communication of 24 June 2021 set out an action plan entitled ‘NAIADES III: Boosting future-proof European inland waterway transport’, which states that in order to support the objective of inland waterways being part of a seamless system of harmonised RIS by 2030, revisions of the legal framework on RIS would aim to help close existing harmonisation and interoperability gaps with other transport modes, and contribute to improved data availability, reuse and interoperability of digital systems, in line with the Commission communication of 19 February 2020 entitled ‘A European strategy for data’. Those changes and developments, as well as the experience gained in the implementation of Directive 2005/44/EC, should be taken into account when adapting RIS.

(3)

In the interest of adopting a coherent approach to interoperability in the public service sector, when implementing the electronic single-point-of-access platform for RIS (the ‘European RIS Environment’) and other solutions that fall within the scope of Directive 2005/44/EC, the principles laid down in the European Interoperability Framework (EIF), that is set out in the Commission communication of 23 March 2017 entitled ‘European Interoperability Framework – Implementation Strategy’, pursuant to Article 6 of Regulation (EU) 2024/903 of the European Parliament and of the Council (4), should be followed.

(4)

Regulation (EU) 2024/1679 of the European Parliament and of the Council (5) lays down requirements for the development of the trans-European transport network (TEN-T) to achieve the smooth functioning of the internal market, and aims to ensure that the same high-quality services are available and compatible with the systems of other transport modes along that network.

(5)

Given that the majority of journeys of inland waterway vessels are of an international nature, RIS should be focused on those inland waterways of Member States that form part of the TEN-T and that are directly connected to another Member State’s inland waterways that also form part of the TEN-T, and which are thus of high importance for the Union. Member States should be able to continue extending, on a voluntary basis, the RIS requirements to parts of their inland waterways network other than those that form part of the TEN-T to account for national specificities. In a cross-border context, it should also be possible for one of the Member States concerned to provide RIS. The Member States’ competent authorities should cooperate with a view to providing RIS on cross-border inland waterways.

(6)

In view of Russia’s war of aggression against Ukraine, cooperation between the Union and Russia in the field of RIS is neither appropriate nor in the interest of the Union. As a consequence, cross-border cooperation on RIS with Russia is no longer a priority on the territory of the Member States.

(7)

The experience gained from the application of Directive 2005/44/EC has shown that it is important to strengthen the technical specifications concerning the provision of data for navigation and voyage planning on inland waterways in order to improve the quality and timeliness of information provided to RIS users. The European Reference Data Management System (ERDMS) contains reference data and code lists necessary for the proper functioning of RIS and is set up and currently operated by the Commission. The operation of the ERDMS could be transferred to a third party in the future.

(8)

The availability to RIS users, during navigation, of up-to-date and accurate information regarding the condition of the fairway and specific points like bridges, locks and inland ports is expected to improve the overall efficiency of the inland waterway sector. RIS should therefore include up-to-date exchanges of data with semi- and fully automated management of infrastructure systems of locks and movable bridges as well as with port community systems of inland ports.

(9)

In order for RIS to allow for interconnection with the logistics chain, it is important that information is shared not only among the inland waterway transport users, for instance through port community systems of inland ports and smart inland waterway infrastructure systems, but also with systems and applications of other modes of transport. The maritime National Single Windows (MNSW) within the European Maritime Single Window environment (EMSWe), established by Regulation (EU) 2019/1239 of the European Parliament and of the Council (6), should enable harmonised ship reporting across the Union in maritime transport. The exchange of traffic-related information, such as arrival and departure times, would ensure interoperability, multimodality, and smooth integration of inland waterway transport (IWT) with the overall logistics chain. The electronic freight transport information (eFTI), established by Regulation (EU) 2020/1056 of the European Parliament and of the Council (7), should form the basis for the exchange of cargo information on dangerous goods and waste between RIS users where required. When necessary, RIS should enable links with, and should make information available to, digital systems and platforms of other modes of transport.

(10)

The exchange of information between inland waterway vessels and inland ports, for example on availability of port installations, operating times, or vessel and cargo information, is not always optimal, thus impacting the efficiency of IWT operations. Information on the availability of alternative fuel infrastructure in inland ports is of particular importance in promoting the environmental performance of the sector. In order to simplify and streamline the exchange of such information and improve the overall efficiency of the sector, it is important that standardised interfaces be established and become part of RIS and that the necessary technical specifications are developed.

(11)

The use of the European RIS Environment should streamline the provision of RIS, improve efficiency of IWT operations and reduce the burden on RIS providers and users. The European RIS Environment should support relevant services, be a central point for the exchange of RIS information within the inland waterways sector as well as with other transport modes, and therefore become the main digital backbone for the provision of RIS in the Union. Member States should designate one or more competent authorities responsible for operating the European RIS Environment. Those competent authorities are controllers, as defined in Regulation (EU) 2016/679 of the European Parliament and of the Council (8), for the purpose of operating the European RIS Environment.

(12)

In order to ensure uniform conditions for the introduction of the European RIS Environment, implementing powers should be conferred on the Commission to establish the framework for the development and the functioning of the European RIS Environment. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (9).

(13)

Implementing acts under this Directive should not be adopted by the Commission where the committee referred to in this Directive delivers no opinion, for example where there is no qualified majority in support of an opinion, whether positive or negative, and where the draft implementing act is not submitted to the appeal committee or where the appeal committee delivers a negative opinion. In accordance with the principle of sincere cooperation, Member States and the Commission should collaborate to swiftly set up the necessary operational characteristics, roles and procedures for the European RIS Environment.

(14)

Cooperation with third countries, in particular neighbouring countries, is relevant in order to ensure connection and interoperability between the European RIS Environment and the national RIS of those third countries.

(15)

The European RIS Environment should provide for the possibility for RIS users to submit feedback on the application of this Directive and ensure that such feedback is transmitted to the Member State concerned. Member States should set up a simple and accessible procedure for handling such feedback in a transparent and impartial manner. Member States’ authorities should cooperate in the handling of feedback involving cross-border elements, such as incompatible standards in reporting of vessel information, since 75 % of inland waterway transport operations includes international voyages. Analysis of the subject matter of the feedback received, as well as its frequency, makes it possible to identify the extent of compliance with this Directive, thus supporting the monitoring of implementation by identifying areas where implementation can be improved. It is therefore important that that information is collected and provided to the Commission on an annual basis.

(16)

The development of technical specifications should follow a set of principles, in particular the principles set out in Annex II to this Directive, in order to ensure the proper and harmonised implementation of Directive 2005/44/EC. Those principles should outline the main elements that each RIS component should include.

(17)

The requirements and technical specifications for RIS should ensure in particular that: RIS data which constitute personal data under Regulation (EU) 2016/679 can be processed solely in accordance with a comprehensive, rights-based access-control system that provides assigned functionalities; all competent authorities can have immediate access to those data in accordance with their respective regulatory competences; appropriate technical and organisational measures are implemented to ensure that the processing by electronic means of personal data can be carried out in accordance with Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 of the European Parliament and of the Council (10), including for the purposes of protection against personal data breaches; and the processing of sensitive commercial information can be carried out in a way that respects the confidentiality of that information.

(18)

In order to ensure the safe and optimal navigation of vessels on inland waterways, Member States should be aware of the location of all inland waterway vessels, including through the use of automatic identification systems (AIS) data. Member States should also exchange RIS-related information to increase the efficiency of RIS and reduce reporting requirements. Where the transmission and exchange of RIS-related information for those purposes entails the processing of personal data, such as the processing of names or the processing of location data when such processing enables the identification, directly or indirectly, of a person, Member States should ensure the lawfulness of the processing of those personal data in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC of the European Parliament and of the Council (11), where applicable.

(19)

In order to ensure that RIS users are supplied with the necessary information concerning navigation and voyage planning on inland waterways, and taking account of scientific and technical progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of amending the minimum data requirements set out in Annex I to Directive 2005/44/EC. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (12). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as the Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(20)

Where duly justified by an appropriate analysis and in the absence of pertinent and up-to-date international standards to ensure safety of navigation, or where changes in or the outcome of the decision-making process of the European committee for drawing up standards in the field of inland navigation (CESNI) would compromise Union interests, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending Annex III to Directive 2005/44/EC in order to provide appropriate technical specifications for RIS, in line with the principles set out in Annex II to Directive 2005/44/EC and with the aim of safeguarding Union interests.

(21)

The experience gained from the implementation of Directive 2005/44/EC reveals that the lengthy period for introducing and updating the technical specifications laid down therein has affected the sector’s performance. It is therefore important to change the process by which technical specifications are introduced.

(22)

Directive (EU) 2016/1629 of the European Parliament and of the Council (13) introduced a process based on technical specifications developed by the CESNI. CESNI, which acts under the auspices of the Central Commission for Navigation on the Rhine (CCNR) and is open to experts from all Member States, is responsible for drawing up the technical standards in the field of inland waterway transport. Experience has shown that CESNI has developed and updated technical requirements for inland navigation vessels in an organised and timely manner. Taking into account the expertise of CESNI and the experience gained from the implementation of Directive (EU) 2016/1629, a similar approach should be applied with regard to Directive 2005/44/EC.

(23)

In order to ensure a high level of safety and efficiency in inland navigation, to ensure the provision of RIS, and to take into account scientific and technical progress and other developments in the sector, the reference to the applicable technical specifications for RIS, namely the European Standard for River Information Services (ES-RIS), should form an integral part of Directive 2005/44/EC.

(24)

The Committee on boatmasters’ certificates for the carriage of goods and passengers by inland waterway referred to in Article 11 of Directive 2005/44/EC has been abolished. In its place, the Inland Waterway Transport Committee, which possesses expertise in standards and technical specifications in the inland waterway sector, should assist the Commission in respect of RIS as a committee within the meaning of Regulation (EU) No 182/2011. Furthermore, this Directive introduces amendments to Articles 5 and 12 of Directive 2005/44/EC relating to the Committee procedure. Article 11 of Directive 2005/44/EC should therefore be amended to reflect those changes.

(25)

For the purposes of better regulation and simplification, it should be possible for Directive 2005/44/EC to make reference to international standards without duplicating them in the Union legal framework.

(26)

RIS was established in the Union in 2005, and since then considerable experience in its development and implementation has been gained by the Member States. Furthermore, the technical specifications necessary for the functioning of RIS are included in Annex III to Directive 2005/44/EC. In that regard, Article 12(2) of Directive 2005/44/EC should be deleted. In addition, by amending the scope of Directive 2005/44/EC to focus on the TEN-T, the requirement to implement RIS is applicable on the most important inland waterways, creating a reliable transport network. Article 12(3) of Directive 2005/44/EC should therefore be deleted.

(27)

In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of establishing a framework for the provision of RIS in the Union to lay down rules on its set up, operation and technical specifications. In accordance with Article 5(4) of the Treaty on European Union, this Directive does not go beyond what is necessary in order to achieve the objectives pursued.

(28)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 20 March 2024.

(29)

Directive 2005/44/EC should therefore be amended accordingly,

(1)

Article 1 is replaced by the following:

(2)

in Article 2, paragraph 1 is replaced by the following:

(*1)  Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013 (OJ L, 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj).’;"

(3)

in Article 3, the following points are added:

;

(4)

Article 4 is replaced by the following:

(*2)  Regulation (EU) 2023/1804 of the European Parliament and of the Council of 13 September 2023 on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU (OJ L 234, 22.9.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1804/oj).’;"

(5)

Article 5 is replaced by the following:

(6)

Article 6 is replaced by the following:

(*3)  Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69, ELI: http://data.europa.eu/eli/reg/2021/696/oj).’;"

(7)

Article 8 is replaced by the following:

(8)

the following Article is inserted:

(9)

Article 9 is replaced by the following:

(*4)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).’;"

(10)

Article 10 is replaced by the following:

(11)

Article 10a is amended as follows:

(12)

Article 11 is replaced by the following:

(*5)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj).’;"

(13)

in Article 12, paragraphs 2 and 3 are deleted;

(14)

the following article is inserted:

(15)

Annex I to Directive 2005/44/EC is replaced by the text set out in Annex I to this Directive;

(16)

Annex II to Directive 2005/44/EC is replaced by the text set out in Annex II to this Directive;

(17)

the text set out in Annex III to this Directive is added as Annex III to Directive 2005/44/EC.