EXPLANATORY MEMORANDUM
1.CONTEXT OF THE DELEGATED ACT
Inland waterways vessels operating on European inland waterways need to meet different requirements in relation to safety, administration and crew provisions.
To ensure safe operation a vessel has to obtain an inland navigation certificate issued in accordance with Directive (EU) 2016/1629 by a competent authority. In the certificate there is data identifying the vessel (name of the vessel, type of the vessel, dimensions of the vessel etc.). One of the most essential data for the vessel is a unique European Vessel Identification Number (ENI). Only one single ENI can be assigned to one vessel. ENI is issued only once and remains unchanged throughout the whole lifetime of the vessel.
The European Hull Database (EHDB) is a database kept by the European Commission in which the data of the vessels operating on European inland waterways is collected. The EHDB is notably used to verify the history of pending applications for inland navigation certificates and information on certificates already issued to the vessel. The EHDB is also used to support the proper functioning of river information services (RIS) in accordance with Directive 2005/44/EC and the access to the EHDB may be granted also for RIS authorities.
Directive (EU) 2016/1629 defines general provisions for the EHDB e.g. that Member States shall enter the data identifying and describing the vessels (without specifying what data).
In order to further specify the provisions for the EHDB the European Commission is empowered to issue delegated act defining the details for the database (e.g. list of the data identifying and describing the vessels).
The EHDB has been first established in 2009 within the PLATINA project (Platform for the implementation of NAIADES) funded from the European Union funds and was operated by a contractor on behalf of the European Commission. The project provided a pilot service to the national authorities (vessel certification authorities and RIS authorities) by interconnecting them and allowing them to exchange the information.
Commission Directive 2013/49/EU amending Annex II to Directive 2006/87/EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels set up the first legal provisions on the EHDB by requiring Members States to enter the data for the identification of the vessel into the database.
As of 15 March 2016 the EHDB has been migrated into European Commission’s computing centres in Luxembourg. It is ensured that the European Commission adheres to the obligations for data protection as set out within Regulation 2018/1725/EC.
The proposed Delegated Regulation provides the base to adjust the existing EHDB to the provisions set up in Directive (EU) 2016/1629.
This Delegated Regulation is in line with Article 19 (7) of Directive (EU) 2016/1629 which empowers the Commission to adopt delegated acts in accordance with Article 32, further specifying the data to be entered in the EHDB, the type of access permitted (taking into account the categories of the recipients of data and the purposes for which such data are processed) and the instructions regarding the use and operation of the database.
2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
In accordance with Article 32 of Directive (EU) 2016/1629, before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law- Making.
The content and use of the EHDB was discussed within CESNI at an ad hoc meeting of CESNI on 28 November 2017. At this meeting Member States defined the list of necessary data for the vessel which should be collected in the EHDB. Member States raised also issues related to the security of the system. The EHDB has to fulfil the requirements for IT systems foreseen by the European Commission’s procedures.
The draft of the delegated act was presented at the meeting of the Commission's expert group on technical requirements for inland waterway vessels on 24 May 2018. The Expert Group gave support to the draft delegated act prepared by the Commission. The experts provided also comments and remarks on the draft. All remarks were included in the draft of the delegated act.
The public consultation is foreseen after the Inter Service Consultation.
3.LEGAL ELEMENTS OF THE DELEGATED ACT
The delegated act defines the content of the EHDB. The act also defines types of access to the EHDB.
In accordance with Article 19 (7) of Directive (EU) 2016/1629 the delegated act specifying the data to be entered in the database by Member States, the types of access permitted, taking into account the categories of the recipients of data and the purposes for which such data are processed, the instructions regarding the use and operation of the database.
The data can be only processed by the competent authorities of the Member States, Contracting parties to the Revised Convention for Rhine Navigation and third countries that are entrusted with the task related to the application of Directive (EU) 2016/1629 and of Directive 2005/44/EC. These competent authorities have a full access to the EHDB.
The provisions of the delegated act foresee also limited access to the EHDB (read-only access) for those national authorities that are responsible for waterway traffic and infrastructure management, maintaining or enforcing safety of navigation and collecting statistical data. However, for the tasks related to Directive 2005/44/EC, RIS providers are allowed to upload certain data in EHDB.
In order to have an access to the EHDB, it will be necessary to create an account through the database. The account will be validated by a single contact point for the EHDB designated in each Member State, as well as in the contracting parties to the Revised Convention for Rhine Navigation.
The delegated act is composed of a main body (7 articles) and annexes.
Article 1 defines subject matter and scope of the delegated act.
Article 2 refers to Annex 1 which provide the list of data for the identification of a craft which should be submitted to the EHDB (more detailed explanation in the part related to Annex 1).
Article 3 provides provisions related to the access to the EHDB and processing data. This article defines the competent authorities responsible for accessing the EHDB and processing the data into the EHDB.
Article 4 defines the provisions on read-only access to the database and obligation for the competent authorities in this field.
Articles 5 establishes single contact points for the EHDB. The single contact point serves as a connection point for the Commission and other Member States, facilitates the validation of the access to the EHDB.
Annex 1 lists all relevant necessary vessel data that has to be submitted by the competent authorities and provides the list of optional vessel data. To ensure the consistency between Directive (EU) 2016/1629 and Regulations of the Central Commission for the Navigation of the Rhine, the list of data for the vessel, which should be submitted to the EHDB the reference to Annex II of ES-TRIN standard (list of the minimum set of data for the identification of a vessel), has been included.
Annex II defines user profiles and access rights –provides the list of bodies and their access rights to the the minimum set of data for the identification of a vessel EHDB.
Annex III provides provisions on full access and processing the data in the EHDB.
Annex IV provides provisions on read-only access to the EHDB.
COMMISSION DELEGATED REGULATION (EU) …/...
of XXX
on the European Hull Data Base
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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, and in particular Article 19 (7) thereof,
Whereas:
(1)Directive 2016/1629 establishes the general provisions on the European Hull Data Base (EHDB) - a central database collecting data relating to inland waterway crafts used by the competent authorities.
(2)In order to ensure the proper application of Directive 2016/1629 full access should be granted to the competent authorities of the Member States, of the Contracting parties to the Revised Convention for Rhine Navigation and of third countries entrusted with the tasks related to the application of Directives (EU) 2016/1629 and 2005/44/EC.
(3)Full access allows Member States to cooperate among themselves, as well as with third countries, and to coordinate their work with respect to the processing of data regarding the crafts entered in the EHDB.
(4)Read only access to the EHDB is provided to other bodies in order to perform administrative measures for ensuring waterway traffic and infrastructure management, maintaining or enforcing safety of navigation and collecting statistical data.
(5)It is appropriate to describe the steps Member States should follow when providing the read-only access to the EHDB in order to ensure security of data and the proper operation of the EHDB.
(6)A detailed list of data related to the craft is an essential part of this Regulation. High-quality, comparable, up-to-date, reliable and harmonised data on inland navigation crafts are needed in order to facilitates the verification of a craft’s present and past data and information related to the issued certificates and new applications for certificates.
(7)To ensure the smooth operation of the EHDB and to facilitate the verification of the access requests to the EHDB, Member States should ensure that a single contact point is designated.
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
This Regulation lays down rules on the collection, processing and access of the data kept in the European Hull Data Base (EHDB) related to the craft falling under Directive (EU) 2016/1629 as well as the types of access permitted and the instructions regarding the use and operation of the database.
Article 2
Collecting data
Member States shall enter in the EHDB the data for the identification of a vessel referred to in Annex 1 to this Regulation.
Article 3
Full access of and processing of the data in the EHDB
1. The data shall be accessed and processed by the competent authorities of the Member States, by the Contracting parties to the Revised Convention for Rhine Navigation and by third countries entrusted with the task related to the application of Directives (EU) 2016/1629 and 2005/44/EC to support the implementation of administrative measures for maintaining safety and ease of navigation and to ensure application of Directive (EU) 2016/1629.
2. Each Member State shall notify the Commission the names and addresses of the competent authorities referred to in paragraph 1. Contracting parties to the Revised Convention for Rhine Navigation or third countries wishing to take part in the EHDB shall notify the Commission the names and addresses of the competent authorities referred to in paragraph 1.
3. Member States shall ensure consistency between the data kept in registers referred to in Article 17 of Directive (EU) 2016/1629 and data provided in the EHDB.
4. The full access to the EHDB shall be granted in in accordance with Annex 3 to this Regulation.
Article 4
Read-only access to the EHDB
1. In order to perform administrative measures for ensuring waterway traffic and infrastructure management, maintaining or enforcing safety of navigation and collecting statistical data, read-only access to the EHDB may be granted to bodies, other than those referred to in Article 3 of Member States, of contracting parties to the Revised Convention for Rhine Navigation and of third countries on the basis of administrative agreements.
2. The administrative agreements shall be concluded between the competent authorities of Member States, of contracting parties to the Revised Convention for Rhine Navigation and of third countries that are entrusted with the task related to the application of Directive (EU) 2016/1629 and the bodies referred to in paragraph 1. The administrative agreements shall ensure at least the level of protection of personal data, laid down in Regulation (EU) 2016/679.
3. Each Member State shall define user profiles and access rights for the bodies referred to in paragraph 1, based on their scope of responsibilities and protection of private data, in accordance with Annex 2 to this Regulation.
4. Each Member State shall notify the Commission of the names and addresses of the bodies referred to in paragraph 1, as well as the validity of the agreement referred to in paragraph 2. Contracting parties to the Revised Convention for Rhine Navigation or third countries wishing to take part in the EHDB shall notify the Commission the names and addresses of the bodies referred to in paragraph 1.
5. The read-only access to the EHDB shall be granted in accordance with Annex 4 to this Regulation.
Article 5
Single contact point for the EHDB
1. Each Member State shall designate a single body to serve as a contact point for the Commission and other Member States and to facilitate and inform on the validation of the access in accordance with Articles 3 and 4. Notifications in accordance with Articles 3 (2) and 4 (4) shall be done by inscribing the relevant information in the EHDB.
2. The single contact point shall be selected among the competent authorities referred to in Article 3 (1).
3. Each Member State shall notify the Commission the names and contact details of the single contact point for the EHDB. Contracting parties to the Revised Convention for Rhine Navigation or third countries wishing to take part in the EHDB shall notify the Commission the names and addresses of the single contact point for the EHDB.
Article 6
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Commission
The President
