31985A0396

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COMMISSION OPINION

of 17 July 1985

to the Kingdom of the Netherlands concerning a draft Royal Decree implementing Council Directive 82/714/EEC laying down technical requirements for inland waterway vessels (Binnenschepenbesluit)

(85/396/EEC)

In a letter dated 10 January 1985, the Permanent Representative of the Netherlands to the European Communities sent the Commission, for consultation, the text of a draft Royal Decree (Binnenschepenbesluit) implementing Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels (1).

This communication has been made pursuant to Article 22 of the abovementioned Directive which states that, Member States shall, after consulting the Commission, adopt the provisions necessary to comply with this Directive.

The Commission hereby delivers the following opinion on the abovementioned draft Royal Decree.

1. The Commission finds that the draft Royal Decree 'Binnenschepenbesluit' implements the provisions of Council Directive 82/714/EEC in the national legislation.

2. The Commission is of the opinion that in the draft, alterations should be made according to the following observations:

- Articles 37, 38 and 39 of the 'Binnenschepenbesluit' are expressed in the negative (e.g. the rules . . . are during five years not in force), whilst a confirmatory formulation (e.g. the rules . . . are after a period of five years in force) together with Article 36 gives a better definition of the derogations.

- In Annex II, technical requirements, of the 'Binnenschepenbesluit'

1.2 // ad 2.03.6: // the flues of refrigeration equipment may not pass through engine rooms; this is only made clear for the flues of cooking and heating installations; // ad 5.08.2: // last line is missing; // ad 6: // there is no requirement for an earth connection at both sides in direct current operation as there is in the Directive under 6.11.2; // ad 12.02.3: // a = Le L should be a = S Le L ;

- the explanatory note refers to 14.02 and 14.03 of Annex II but chapter 14 does not exist in this Annex.

Done at Brussels, 17 July 1985.

For the Commission

Stanley CLINTON DAVIS

Member of the Commission

(1) OJ No L 301, 28. 10. 1982, p. 1.