(1)

Germany notified the Commission of its intention to derogate from certain technical requirements of Annexes II and V to Directive (EU) 2016/1629 for passenger vessels Innogy and Alsterwasser.

(2)

The proposed derogation concerns the use of the fuel cell technology with methanol as fuel for passenger vessels ‘Innogy’ and ‘Alsterwasser’.

(3)

Fuel cells are a promising technology in the context of clean power sustainability and alternative fuels for vessels.

(4)

Different specific developments on fuel cells are available today in maritime transport thanks to research and pilot projects under evaluation that have revealed strong potential for further scaled up implementation (FCShip, Felicitas, METHAPU and MC-WAP).

(5)

The proposed derogation encourages innovation and the use of new technology in inland navigation through the pilot implementation of fuel cell technology in inland waterway vessels.

(6)

Such tests are part of the technology deployment, which is the only way to initiate the possible production phase.

(7)

Technical specifications for inland navigation vessels are provided in the European Standard laying down Technical Requirements for Inland Navigation vessels (ES-TRIN standard) (3) set up by the CESNI. The currently applicable ES-TRIN standard 2017/1 contains no rules for the use of methanol as fuel for inland waterway vessels.

(8)

In the absence of regulatory provisions for the use of methanol as fuel for inland waterway vessels, it is necessary to ensure an adequate level of safety of the proposed use of methanol as fuel.

(9)

The German authorities explained that an adequate level of safety can be achieved by the means defined in the Annex to this Decision.

(10)

These means were developed taking into account the current provisions of Chapter 30 of ES-TRIN (Special provisions applicable to craft equipped with propulsion or auxiliary systems operating on fuels with a flashpoint equal to or lower than 55 °C) and Annex 8 to ES-TRIN (supplementary provisions applicable to craft equipped with propulsion or auxiliary systems operating on fuels with a flashpoint equal to or lower than 55 °C).

(11)

The Commission assessed the use of the fuel cell technology with methanol as fuel for the passenger vessels and an adequate level of safety of the proposed derogation, based on/on the basis of the technical examination carried out by the Working group on technical requirements of the European Committee for drawing up Standards in Inland Navigation (CESNI). The results of that technical examination are set out in the draft recommendations No 3/2017 and No 4/2017 of 28 September 2019 of CESNI.

(12)

The risk assessment annexed to the draft recommendations identifies and assesses possible hazards as a result of using methanol as fuel and operating a fuel cell system aboard the passenger vessel having regard to existing protection measures. The conclusion of the risk assessment is that the operation, bunkering and maintenance of the system can be safely undertaken having regard to the planned measures and procedures defined in the draft recommendations.

(13)

On the basis of the results of the technical examination carried out by the Working group on technical requirements of CESNI, the Commission is satisfied that an adequate level of safety is ensured, provided that the conditions set out in the draft recommendations of the Working group on technical requirements of CESNI are met. For the sake of clarity and legal certainty those conditions should be set out in the Annex to this Decision.

(14)

The derogation concerns issuance of a Union inland navigation certificate for trial purposes incorporating new technical specifications that derogate from the provisions of Annex 8 to the ES-TRIN standard 2017/1, and it is granted for a limited period until 1 October 2022,

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Innogy with a Unique European Vessel Identification Number 04804940,

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Alsterwasser with a Unique European Vessel Identification Number 04807190.

(1)

Commission Decision 2007/777/EC (2) lays down animal and public health conditions for the import into the Union of consignments of certain meat products and of treated stomachs, bladders and intestines which have undergone one of the treatments set out in Part 4 of Annex II thereto (‘the commodities’).

(2)

Part 2 of Annex II to Decision 2007/777/EC sets out a list of third countries or parts thereof from which the introduction into the Union of the commodities is authorised, provided that the commodities have undergone one of the treatments referred to therein. Part 4 of that Annex sets out a non-specific treatment ‘A’ and specific treatments ‘B’ to ‘F’ listed in descending order of severity of the animal health risk they are intended to eliminate.

(3)

Furthermore, Annex III to Decision 2007/777 sets out the model certificate that should accompany consignments of the commodities intended for introduction into the Union.

(4)

Kosovo has requested to be listed in Part 2 of Annex II to Decision 2007/777/EC as third country from which the introduction into the Union of commodities which have been obtained from poultry and farmed feathered game (except ratites) that have undergone specific treatment ‘C’ or ‘D’ is authorised and has submitted the relevant information. In particular, Kosovo has provided guarantees in respect of poultry raw material originating either from Member States or from third countries which are approved to export such raw material to the Union and in respect of the treatment that those products will undergo.

(5)

The Commission has carried out an audit in Kosovo to evaluate the control systems in place governing the production of meat products of poultry intended for export to the Union. Given the favourable outcome of that audit and the guarantees provided by Kosovo as regards the origin and treatment of the meat of poultry used for the production of the meat products, it is appropriate to include Kosovo in the table in Part 2 of Annex II to Decision 2007/777/EC for the introduction into the Union of meat products of poultry and farmed feathered game (except ratites) having undergone specific treatment ‘C’ or ‘D’.

(6)

The model veterinary certificate for imports of meat products, treated stomachs, bladders and intestines, set out in Annex III to Decision 2007/777/EC, refers to meat products prepared from meat of poultry originating in a Member State or satisfying the animal health requirements for import into the Union laid down in Commission Regulation (EC) No 798/2008 (3), and provides that that meat has to undergo the non-specific treatment ‘A’ set out in Part 4 of Annex II to Decision 2007/777/EC.

(7)

The veterinary certificate requirements do not, however, refer to meat of poultry originating in a Member State or satisfying the animal health requirements for import into the Union laid down in Regulation (EC) No 798/2008 and having to undergo one of the specific treatments set out in Part 4 of Annex II to Decision 2007/777/EC. Given that the specific treatment of the product needs to be applied irrespective of the origin of the fresh meat used in the preparation of the meat products, and the negligible risks for poultry health involved in such practices, the model veterinary certificate for meat products, treated stomachs, bladders and intestines set out in Annex III to Decision 2007/777/EC, should include a certification provision for that specific situation.

(8)

Decision 2007/777/EC should therefore be amended accordingly.

(9)

A reasonable transitional period of four months should be allowed to elapse before the amended model veterinary certificate becomes mandatory in order to allow Member States and the industry to adapt to the new requirements.

(10)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,