Inland navigation: access to the market

SUMMARY OF:

Regulation (EC) No 1356/96 on common rules applicable to the transport of goods or passengers by inland waterway between EU countries with a view to establishing freedom to provide such transport services

Regulation (EEC) No 3921/91 laying down the conditions under which non-resident carriers may transport goods or passengers by inland waterway within an EU country

Directive 87/540/EEC 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

Regulation (EEC) No 2919/85 laying down the conditions for access to the arrangements under the Revised Convention for the navigation of the Rhine relating to vessels belonging to the Rhine Navigation

Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79(3) of the Treaty establishing the European Economic Community

WHAT IS THE AIM OF THE REGULATIONS AND DIRECTIVES?

Regulation (EC) No 169/2009 sets out EU competition rules applying to transport by road, rail and inland waterways.
Regulation (EC) No 718/1999, together with amending Regulation (EU) No 546/2014, lays down the rules for a policy on EU fleet capacity.
Directive 96/75/EC outlines steps to achieve freely negotiated chartering contracts and pricing in the EU.
Regulation (EC) No 1356/96 aims to ensure that operators who transport goods or passengers by inland waterway are free to provide these services between EU countries.
Regulation (EEC) No 3921/91 lays down the conditions under which non-EU carriers are free to operate inland waterway transport services in the EU.
Directive 87/540/EEC aims to establish uniform access conditions to the occupation of carrier, facilitating mutual recognition of diplomas and other qualifications.
Regulation (EEC) No 2919/85 lays down the conditions for accessing arrangements under the Revised Convention for the navigation of the Rhine relating to vessels belonging to the Rhine navigation.
EEC Council Regulation No 11 aims to eradicate discrimination in transport rates and conditions.

KEY POINTS

The legislative framework for the EU inland waterway transport (IWT) includes legislation covering various objectives which together aim at liberalising the IWT transport market by:

ensuring that IWT operators have free access to all European inland waterways;
abolishing discriminatory and unfair market practices, in particular regarding rates and tariffs; and
creating fair conditions of competition through common rules including admission to the occupation of IWT carrier.

Regulation (EC) No 169/2009 aims to harmonise EU competition rules on road, rail and inland waterways transport, by defining exemptions from the prohibition of restrictive agreements, decisions or concerted practices that aim to achieve technical improvements or technical cooperation by:

standardising equipment;
exchanging or pooling staff, equipment, vehicles or fixed installations;
fixing and applying inclusive rates for successive, complementary, substitute or combined transport operations, including special competitive rates;
using the most rational routes;
coordinating transport timetables for connecting routes;
grouping single consignments;
establishing uniform tariff structures, provided those rules do not lay down rates and conditions.

The regulation also exempts certain small and medium-sized enterprises.

Regulation (EC) No 718/1999 aims to lay down community fleet policy for IWT in the EU.

It covers vessels that transport goods commercially with certain exemptions, inter alia for vessels that operate exclusively on the Danube or for vessels that are used for storing goods or dredging.
It requires EU countries with fleet tonnage of over 100,000 tonnes and with waterways connected with other EU countries to set up an inland waterways fund. Each fund shall have a reserve fund with separate accounts for dry cargo carriers*, tankers* and pusher vessels*. These funds are to be administered by national authorities.
The reserve fund can be used:
- in the event of ‘serious market disturbance’ in the IWT market (within the meaning of Directive 96/75/EC, see below) at the request of an EU country; or
- if unanimously requested by the organisations representing IWT.

Regulation (EC) No 181/2008 sets out the practical arrangements for implementing the EU fleet capacity policy, including the rate of the contributions to the fund.

Amending Regulation (EU) No 546/2014 extends the scope of the measures available under Regulation (EC) No 718/1999.

Directive 96/75/EC includes two sets of policy measures:

to achieve freely negotiated chartering contracts and pricing in the EU by transitioning from the previous system of ‘chartering by rotation’ for transport operations (at previously fixed prices based on the order in which vessels become available after unloading);
to allow the European Commission to take action in the event of serious disturbance of the IWT market including, in particular, measures designed to prevent any new increase in the transport capacity.

Regulation (EC) No 1356/96 aims to ensure that operators who transport goods or passengers by inland waterway are allowed to carry out transport operations between EU countries and to transit through them without discrimination on grounds of nationality or place of establishment, if they:

are legally established in an EU country and are entitled in that country to carry out international transport of goods or passengers by inland waterway and use vessels which are registered in an EU country;
satisfy the conditions of Regulation (EEC) No 3921/91.

Special rules on the rights of operators from non-EU countries exist under the Revised Convention for the Navigation of the Rhine (Convention of Mannheim) and the Convention regarding the Regime of Navigation on the Danube (Belgrade Convention), or may arise from other international agreements or treaties to which the EU is a party.

Regulation (EEC) No 3921/91 builds upon the general principles of equality of treatment and freedom to provide services, whereby non-resident carriers should be allowed to carry out national transport services (‘cabotage’) on inland waterways in the EU. It lays down the following conditions:

carriers may temporarily carry out cabotage services, without having to set up a registered office, provided that they are established in an EU country in accordance with its legislation and that they are entitled to transport goods or persons internationally by inland waterway;
carriers may only use vessels owned by:
- EU residents or EU-country nationals, or
- legal persons with their registered office in an EU country and in which EU-country nationals hold a majority interest.

Directive 87/540/EEC requires that individuals and undertakings possess competences recognised by the authorities or by a body appointed by each EU country in the following areas:

law;
commercial and financial management of an undertaking;
access to the market;
technical standards and technical aspects of operation;
safety; and
international transport operational issues.

The authority will issue a certificate on the basis of a diploma, attendance at a course or proven practical experience. If the carrier no longer meets the conditions, the certificate may be withdrawn.

Regulation (EEC) No 2919/85. The Revised Convention for the Navigation of the Rhine (amended by Additional Protocol No. 2) stipulates that only vessels belonging to the Rhine navigation are authorised to navigate on the Rhine.

A vessel belongs to the Rhine if it carries a document issued by a competent authority of a Rhine country (i.e. Belgium, France, Germany, the Netherlands and Switzerland). The regulation extends the application of the convention to all EU countries, thereby ensuring the equal treatment of vessels from throughout the EU.

EEC Council Regulation No 11/1960 aims to implement Article 79(3) of the Treaty of Rome (now Article 95 of the Treaty on the Functioning of the European Union). The regulation:

prohibits any discrimination by carriers — in the form of charging different rates and imposing different conditions for carrying the same goods over the same transport links — on the grounds of the country of origin or of the destination of the goods in question;
covers the carriage of all goods by several modes of transport, be it by rail, road or inland waterways;
sets rules on documentation requirements for transport documents;
requires EU countries to check compliance with the obligations.

FROM WHEN DOES THE LEGISLATION APPLY?

Regulation (EC) No 169/2009 has applied since 25 March 2009.
Regulation (EC) No 718/1999 has applied since 29 April 1999.
Directive 96/75/EC has applied since 30 November 1996 and had to become law in the EU countries by 1 January 1997.
Regulation (EC) No 1356/96 has applied since 2 August 1996.
Regulation (EEC) No 3921/91 has applied since 5 January 1992.
Directive 87/540/EEC has applied since 12 November 1987 and had to become law in the EU countries by 30 June 1988.
Regulation (EEC) No 2919/85 has applied since 22 October 1985.
Regulation No 11/1960 has applied since 5 September 1960.

BACKGROUND

For more information, see:

Inland waterways (European Commission).

KEY TERMS

Dry cargo carriers: vessels that carry dry cargo (e.g. grains).

Tankers: vessels that carry wet cargo (e.g. oil).

Pusher vessels: vessels that serve to push other vessels such as barges but do not themselves carry cargo.

MAIN DOCUMENTS

Council Regulation (EC) No 169/2009 of 26 February 2009 applying rules of competition to transport by rail, road and inland waterway (Codified version) (OJ L 61, 5.3.2009, pp. 1-5)

Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community-fleet capacity policy to promote inland waterway transport (OJ L 90, 2.4.1999, pp. 1-5)

Successive amendments to Regulation (EC) No 718/1999 have been incorporated into the original text. This consolidated version is of documentary value only.

Council Directive 96/75/EC of 19 November 1996 on the systems of chartering and pricing in national and international inland waterway transport in the Community (OJ L 304, 27.11.1996, pp. 12-14)

See consolidated version.

Council Regulation (EC) No 1356/96 of 8 July 1996 on common rules applicable to the transport of goods or passengers by inland waterway between Member States with a view to establishing freedom to provide such transport services (OJ L 175, 13.7.1996, pp. 7-8)

Council Regulation (EEC) No 3921/91 of 16 December 1991 laying down the conditions under which non-resident carriers may transport goods or passengers by inland waterway within a Member State (OJ L 373, 31.12.1991, pp. 1-3)

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 (OJ L 322, 12.11.1987, pp. 20-24)

Council Regulation (EEC) No 2919/85 of 17 October 1985 laying down the conditions for access to the arrangements under the Revised Convention for the navigation of the Rhine relating to vessels belonging to the Rhine Navigation (OJ L 280, 22.10.1985, pp. 4-7)

EEC Council: Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79 (3) of the Treaty establishing the European Economic Community (OJ 52, 16.8.1960, pp. 1121-1126)