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
CHAPTER 1 SCOPE, DEFINITIONS AND WATERWAY ZONES
Article 1
Subject matter
This Directive establishes:
- (a) the technical requirements necessary to ensure the safety of craft navigating on the inland waterways referred to in Article 4; and
- (b) the classification of those inland waterways.
Article 2
Scope of application
This Directive applies to the following craft:
- (a) vessels having a length (L) of 20 metres or more;
- (b) vessels for which the product of length (L), breadth (B) and draught (T) is a volume of 100 cubic metres or more;
- (c) tugs and pushers intended for towing or pushing either craft referred to in points (a) and (b) or floating equipment, or intended for moving such craft or floating equipment alongside;
- (d) passenger vessels;
- (e) floating equipment.
This Directive does not apply to:
- (a) ferries;
- (b) naval vessels;
- (c) seagoing ships, including seagoing tugs and pushers, which:
- (i) operate or are based on tidal waters; or
- (ii) operate temporarily on inland waterways; provided that they carry at least:
- — a certificate proving conformity with the 1974 International Convention for the Safety of Life at Sea (SOLAS), or equivalent certificate; a certificate proving conformity with the 1966 International Convention on Load Lines, or equivalent, and an international oil pollution prevention (IOPP) certificate proving conformity with the 1973/78 International Convention for the Prevention of Pollution from Ships (Marpol),
- — in case of seagoing ships not covered by SOLAS the 1966 International Convention on Load Lines or Marpol, the relevant certificates and the freeboard marks required by the laws of their flag states,
- — in the case of passenger vessels not covered by any of the Conventions referred to in the first indent, a certificate on safety rules and standards for passenger ships issued in conformity with Directive 2009/45/EC of the European Parliament and of the Council ([^E0001]), or
- — in the case of recreational craft not covered by any of the Conventions referred to in the first indent, a certificate of the country of which it carries the flag, demonstrating an adequate level of safety.
Article 3
Definitions
For the purposes of this Directive, the following definitions apply:
- (a) ‘craft’ means a vessel or item of floating equipment;
- (b) ‘vessel’ means an inland waterway vessel or seagoing ship;
- (c) ‘inland waterway vessel’ means a vessel intended solely or mainly for navigation on inland waterways;
- (d) ‘tug’ means a vessel specially built to perform towing operations;
- (e) ‘pusher’ means a vessel specially built to propel a pushed convoy;
- (f) ‘passenger vessel’ means a day trip or cabin vessel constructed and equipped to carry more than 12 passengers;
- (g) ‘floating equipment’ means a floating installation carrying working gear such as cranes, dredging equipment, pile drivers or elevators;
- (h) ‘floating establishment’ means any floating installation not normally intended to be moved, such as a swimming bath, dock, jetty or boathouse;
- (i) ‘floating object’ means a raft or other structure, object or assembly capable of navigation, not being a vessel or floating equipment or establishment;
- (j) ‘recreational craft’ means a vessel other than a passenger vessel, intended for sport or pleasure;
- (k) ‘high-speed vessel’ means a motorised craft capable of reaching speeds over 40 km/h in relation to water;
- (l) ‘water displacement’ means the immersed volume of the vessel, in cubic metres;
- (m) ‘length (L)’ means the maximum length of the hull in metres, excluding rudder and bowsprit;
- (n) ‘breadth (B)’ means the maximum breadth of the hull in metres, measured to the outer edge of the shell plating (excluding paddle wheels, rub rails, and similar);
- (o) ‘draught (T)’ means the vertical distance in metres between the lowest point of the hull without taking into account the keel or other fixed attachments and the maximum draught line;
- (p) ‘linked inland waterways’ means waterways of a Member State connected, by inland waterways which can be navigated under national or international law by craft falling within the scope of this Directive, to inland waterways of another Member State.
Article 4
Classification of inland waterways
For the purposes of this Directive, the inland waterways of the Union shall be classified as follows:
- (a) Zones 1, 2, 3 and 4:
- (i) Zones 1 and 2: the waterways listed in Chapter 1 of Annex I;
- (ii) Zone 3: the waterways listed in Chapter 2 of Annex I;
- (iii) Zone 4: all other inland waterways which can be navigated under national law by craft falling within the scope of this Directive.
- (b) Zone R: those of the waterways referred to in point (a) for which certificates are to be issued in accordance with Article 22 of the Revised Convention for Rhine Navigation as that Article is worded on 6 October 2016.
The Commission is empowered to adopt delegated acts in accordance with Article 32 concerning amendments to Annex I so as to modify the classification of a waterway, including the addition and deletion of waterways. Such amendments to Annex I may be made only on request by the Member State concerned, for waterways on its territory.
CHAPTER 2 NAVIGATION CERTIFICATES
Article 5
Compliance with technical and safety requirements
Member States shall ensure that craft referred to in Article 2(1) operating on the Union inland waterways referred to in Article 4 are constructed and maintained in accordance with the requirements set out in this Directive.
Compliance of a craft with paragraph 1 shall be attested by a certificate issued in accordance with this Directive.
Article 6
Union inland navigation certificates
Union inland navigation certificates shall be issued by the competent authorities of the Member States in accordance with this Directive. Member States shall, upon issuance of a Union inland navigation certificate, verify that the craft in question has not already been issued a valid certificate referred to in Article 7.
The Union inland navigation certificate shall be drawn up in accordance with the model provided for in Annex II.
Each Member State shall draw up a list indicating the competent authorities for issuing the Union inland navigation certificates and shall notify the Commission thereof, including any changes to the list. The Commission shall maintain an up-to-date list of competent authorities on an appropriate website.
The Union inland navigation certificate shall be issued to craft following a technical inspection, carried out before the craft is put into service and intended to check whether the craft complies with the technical requirements referred to in Annexes II and V.
Compliance of a craft with the additional requirements referred to in Article 23(1) and (2) shall, where appropriate, be checked during the technical inspections provided for in paragraph 4 of this Article and in Article 29, or during a technical inspection carried out at the request of the owner of the craft or its representative.
The procedures for making a request for an inspection and for establishing the place and time of that inspection shall fall within the powers of the competent authorities issuing the Union inland navigation certificate. The competent authority shall determine which documents are to be submitted. The procedure shall take place in such a way as to ensure that the inspection may be conducted within a reasonable period following the lodging of the request.
The competent authorities of Member States shall, at the request of the owner of the craft or its representative, issue a Union inland navigation certificate to a craft that is not subject to this Directive, if that craft fulfils the requirements set out in this Directive.
Article 7
Obligation to carry a certificate
Craft operating on the Union inland waterways referred to in Article 4 shall carry the following original documents:
- (a) when operating on a Zone R waterway either:
- — a certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation, or
- — a Union inland navigation certificate attesting to the full compliance of the craft, where applicable pursuant to the transitional provisions under Annex II to this Directive for craft navigating on the Rhine (Zone R), with technical requirements referred to in Annexes II and V to this Directive, for which equivalency with the technical requirements laid down in application of the Revised Convention for Rhine Navigation has been established in accordance with the applicable rules and procedures;
- (b) when operating on other waterways, a Union inland navigation certificate or a certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation, including, where applicable, any supplementary Union inland navigation certificates in accordance with Article 8 of this Directive.
Article 8
Supplementary Union inland navigation certificates
Craft carrying a valid Union inland navigation certificate or a certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation shall be provided with a supplementary Union inland navigation certificate in accordance with Article 23 of this Directive.
The supplementary Union inland navigation certificate shall be drawn up in accordance with the model provided for in Annex II and shall be issued by the competent authorities under the conditions laid down for the waterways concerned.
Article 9
Provisional Union inland navigation certificates
The competent authorities of Member States may issue a provisional Union inland navigation certificate:
- (a) to craft that intend to travel to a certain place with the permission of the competent authority in order to obtain a Union inland navigation certificate;
- (b) to craft whose Union inland navigation certificate has been lost, damaged or temporarily withdrawn as referred to in Articles 13 and 15 or in Annexes II and V;
- (c) to craft whose Union inland navigation certificate is being prepared following a successful inspection;
- (d) to craft which have not met all of the conditions required for obtaining a Union inland navigation certificate in accordance with Annexes II and V;
- (e) to craft that are so damaged that they no longer comply with their Union inland navigation certificate;
- (f) to floating establishments or floating objects in cases where the authorities responsible for special transport operations have made the authorisation to carry out a special transport operation subject to obtaining such a provisional Union inland navigation certificate, as provided for by the applicable navigational authority regulations of the Member States;
- (g) to craft benefitting from a derogation from Annexes II and V, in accordance with Articles 25 and 26 of this Directive, pending the adoption of the relevant implementing acts.
The provisional Union inland navigation certificate shall be issued only where the navigability of the craft, floating establishment or floating object appears to have been adequately ensured. It shall be drawn up using the model provided for in Annex II.
The provisional Union inland navigation certificate shall include the conditions considered necessary by the competent authority and shall be valid:
- (a) in the cases referred to in points (a), (d), (e) and (f) of paragraph 1, for a single specific trip to be made within a suitable period, which shall not exceed one month;
- (b) in the cases referred to in points (b) and (c) of paragraph 1, for an appropriate duration;
- (c) in the cases referred to in point (g) of paragraph 1, for six months; the provisional Union inland navigation certificate may be extended for six months at a time until the respective implementing act has been adopted.
Article 10
Validity of Union inland navigation certificates
The period of validity of Union inland navigation certificates issued to newly built craft shall be determined by the competent authority and shall not exceed:
- (a) five years in the case of passenger and high-speed vessels;
- (b) 10 years in the case of all other craft.
The period of validity shall be stated on the Union inland navigation certificate.
In the case of craft already in operation before the technical inspection takes place, the competent authority shall set the period of validity of the Union inland navigation certificate on a case-by-case basis, in the light of the results of the inspection. However, the period of validity shall not exceed the periods set out in paragraph 1.
Article 11
Exceptional extension of validity of Union inland navigation certificates
The validity of a Union inland navigation certificate may be exceptionally extended without a technical inspection for not more than six months in accordance with Annexes II and V, by the competent authority which issued or renewed it. The extension shall be indicated on that certificate.
Article 12
Renewal of Union inland navigation certificates
The Union inland navigation certificate shall be renewed on expiry of its period of validity in accordance with the conditions laid down in Article 6, following a technical inspection o check whether the craft complies with the technical requirements referred to in Annexes II and V. Union inland navigation certificates may be renewed by any competent authority that has been notified to the Commission pursuant to Article 6(3).
Where Union inland navigation certificates are renewed, the transitional provisions provided for in Annex II shall apply to the craft under the conditions specified in that Annex.
Article 13
Replacement of Union inland navigation certificates
Each Member State shall lay down the conditions under which a valid Union inland navigation certificate which has been lost or damaged may be replaced. Those conditions shall require craft applying for replacement, in the case of loss, to provide a declaration of the loss of the certificate, or in the case of damage, to return the damaged certificate. The replacement certificate shall state that it is a duplicate.
Article 14
Major alterations or major repairs of craft
In the event of major alterations or major repairs which affect the craft's compliance with the technical requirements referred to in Annexes II and V concerning its structural soundness, navigation, manoeuvrability or special features, that craft shall undergo, prior to any further voyage, the technical inspection provided for in Article 6.
Following that inspection, the existing Union inland navigation certificate shall be amended to reflect the altered technical characteristics of the craft or that certificate shall be withdrawn and a new one issued. If the new certificate is issued in a Member State other than that which issued or renewed the initial certificate, the competent authority which issued or renewed the certificate shall be informed accordingly within 30 days from the date of issuance of the new certificate.
Article 15
Refusal to issue or renew, and withdrawal of, Union inland navigation certificates
Any decision not to issue or renew a Union inland navigation certificate shall state the grounds on which it is based. The owner of the craft or its representative shall be notified thereof and shall be informed about the appeal procedure and the time limits applicable in the Member State concerned.
Any valid Union inland navigation certificate may be withdrawn by the competent authority which issued or renewed it if the craft ceases to comply with the technical requirements set out in its certificate.
Article 16
Recognition of navigation certificates of craft from third countries
Pending the entry into force of agreements on the mutual recognition of navigation certificates between the Union and third countries, the competent authorities of a Member State may recognise the navigation certificates of craft from third countries for navigation within the territory of that Member State.
Article 17
Registers of certificates
Member States shall ensure that their competent authorities keep a register of all certificates they have issued or renewed pursuant to Articles 6, 8, 9 and 12. That register shall include the information contained in the model certificate provided for in Annex II.
CHAPTER 3 VESSEL IDENTIFICATION, INSPECTIONS AND ALTERED TECHNICAL REQUIREMENTS
Article 18
Unique European vessel identification number
Member States shall ensure that each craft is assigned a unique European vessel identification number (ENI), in accordance with Annexes II and V.
Each craft shall have only one ENI, which shall remain unchanged during its entire lifetime.
When issuing a Union inland navigation certificate, the competent authority shall include the ENI therein.
Each Member State shall draw up a list indicating the competent authorities responsible for assigning ENIs and shall notify the Commission thereof, as well as any changes to the list. The Commission shall maintain an up-to-date list of competent authorities on an appropriate website.
Article 19
European Hull Data Base
The Commission shall keep the EHDB in order to support administrative measures for maintaining safety and ease of navigation and to ensure application of this Directive.
Any processing of personal data by the Member States shall be carried out in accordance with Union law on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council ([^E0002]).
Any processing of personal data by the Commission shall be carried out in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council ([^E0003]).
Member States shall ensure that, for each craft, the competent authorities enter, without delay, in the EHDB:
- (a) the data identifying and describing the craft in accordance with this Directive;
- (b) the data relating to the certificates issued, renewed, replaced and withdrawn, as well as the competent authority which issued the certificate, in accordance with this Directive;
- (c) a digital copy of all certificates issued by competent authorities in accordance with this Directive;
- (d) the data on any rejected or pending applications for certificates in accordance with this Directive; and
- (e) any changes to the data referred to in points (a) to (d).
The data referred to in paragraph 2 may be processed by competent authorities of Member States, contracting parties to the Revised Convention for Rhine Navigation and third countries that are entrusted with tasks related to the application of this Directive and of Directive 2005/44/EC of the European Parliament and of the Council ([^E0004]), for the following purposes:
- (a) applying this Directive and of Directive 2005/44/EC;
- (b) ensuring waterway traffic and infrastructure management;
- (c) maintaining or enforcing safety of navigation;
- (d) collecting statistical data.
The competent authority of a Member State may transfer personal data to a third country or international organisation provided that it does so only on a case-by-case basis and that the requirements of Regulation (EU) 2016/679, and in particular those set out in Chapter V thereof, are fulfilled. Member States shall ensure that the transfer is necessary for the purposes referred to in paragraph 3 of this Article. Member States shall ensure that the third country or international organisation does not transfer the data to another third country or international organisation unless it is given express written authorisation to do so and complies with the conditions specified by the competent authority of the Member State.
The Commission may, on a case-by-case basis, transfer personal data or grant access to the EHDB to an authority of a third country or international organisation provided that the transfer or access is necessary for the purposes referred to in paragraph 3 of this Article, and provided the requirements of Article 9 of Regulation (EC) No 45/2001 are fulfilled. The Commission shall ensure that the transfer or access is necessary for the purposes referred to in paragraph 3 of this Article. The Commission shall ensure that the third country or international organisation does not transfer the data to another third country or international organisation unless it is given express written authorisation and complies with the conditions specified by the Commission.
The competent authority shall ensure that the data related to a craft is deleted from the database referred to in paragraph 1 when this craft is scrapped.
The Commission is empowered to adopt delegated acts in accordance with Article 32 further specifying:
- (a) the data to be entered in the database by Member States;
- (b) the types of access permitted, taking into account the categories of the recipients of data and the purposes for which such data are processed referred to in paragraph 3 of this Article;
- (c) the instructions regarding the use and operation of the database, in particular with respect to data security measures, encoding and processing of data and interconnection of the database with the registers referred to in Article 17.
Article 20
Carrying out of technical inspections
Member States shall ensure that the competent authorities referred to in paragraph 3 carry out the initial, periodical, special and voluntary inspections referred to in this Directive.
Those competent authorities may refrain from subjecting the craft in whole or in part to technical inspection where it is evident from a valid attestation, issued by a recognised classification society in accordance with Article 21, that the craft satisfies, in whole or in part, the technical requirements referred to in Annexes II and V.
Each Member State shall draw up a list indicating its competent authorities which are responsible for carrying out technical inspections and shall notify the Commission thereof, including any changes to the list. The Commission shall maintain an up-to-date list of competent authorities and inspection bodies on an appropriate website.
Each Member State shall comply with the specific requirements as regards inspection bodies and the request for an inspection, provided for in Annexes II and V.
Article 21
Recognition of classification societies
The Commission shall adopt implementing acts in order to recognise a classification society which meets the criteria listed in Annex VI, or to withdraw recognition, in accordance with the procedure set out in paragraphs 2 and 3 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 33(2).
An application for recognition shall be submitted to the Commission by the Member State in which the classification society has its headquarters or a subsidiary authorised to issue attestations that a craft satisfies the requirements referred to in Annexes II and V in accordance with this Directive. This application shall be accompanied by all information and documentation needed to check that the criteria for recognition are met.
Any Member State may submit to the Commission a request to withdraw the recognition if it considers that a classification society no longer meets the criteria set out in Annex VI. The request for withdrawal shall be accompanied by documentary evidence.
The classification societies which, by 6 October 2016, have been granted recognition in accordance with Directive 2006/87/EC shall retain their recognition.
The Commission shall publish for the first time by 7 October 2017, and shall keep updated on an appropriate website, a list of the classification societies recognised in accordance with this Article. Member States shall communicate to the Commission any changes relating to the names or addresses of the classification societies for which they have applied for recognition.
Article 22
Control of compliance
Member States shall ensure that their competent authorities may at any time control whether a craft is carrying a valid certificate in accordance with Article 7 and whether it satisfies the requirements for the issuance of such a certificate.
In the case of failure to comply with the requirements, the competent authorities shall take appropriate measures in accordance with paragraphs 2 to 5 of this Article. They shall also request that the owner of the craft or its representative takes all necessary measures to remedy the situation within a time limit set by the competent authorities.
The competent authority which issued the certificate carried on the craft shall be informed of such failures within seven days of the control.
Where a valid certificate is not being carried, the craft may be prevented from proceeding with its voyage.
If, during the control, the competent authorities find that the craft constitutes a manifest danger for the persons on board, the environment or the safety of the navigation, they may prevent the craft from proceeding with its voyage until the necessary steps have been taken to remedy the situation.
The competent authorities may also prescribe proportionate measures which will enable the craft to proceed safely, where appropriate on termination of its transport operations, to a place where it will either be inspected or repaired.
A Member State which has prevented a craft from proceeding with its voyage, or has notified the owner of the craft or its representative of its intention to so prevent it if the defects found are not corrected, shall inform the competent authority in the Member State which issued or last renewed the craft's certificate, within seven days of the decision which it has taken or intends to take.
Any decision to interrupt the passage of a craft taken in the implementation of this Directive shall state in detail the reasons on which it is based. Such decision shall be notified without delay to the party concerned, who shall at the same time be informed of the appeal procedures available under the laws in force in the Member State concerned and of their time limits.
Article 23
Altered technical requirements for certain zones
Member States may, where applicable subject to the requirements of the Revised Convention for Rhine Navigation, adopt technical requirements additional to those referred to in Annexes II and V for craft operating on Zone 1 and 2 waterways within their territory. Such additional requirements shall cover only the elements listed in Annex III.
In respect of passenger vessels operating on Zone 3 non-linked inland waterways, each Member State may maintain technical requirements in addition to those referred to in Annexes II and V. Such additional requirements shall cover only the elements listed in Annex III.
Where application of the transitional provisions referred to in Annex II would result in a reduction in existing national safety standards, a Member State may disapply those transitional provisions in respect of passenger vessels operating on its non-linked inland waterways. In such circumstances, the Member State concerned may require that, from 30 December 2008, such passenger vessels operating on its non-linked inland waterways comply fully with the technical requirements referred to in Annexes II and V.
Members State may allow a partial application of the technical requirements or set technical requirements which are less stringent than those referred to in Annexes II and V in respect of craft operating exclusively on Zone 3 and 4 waterways within its territory. The less stringent technical requirements or the partial application of the technical requirements shall cover only the elements listed in Annex IV.
Where a Member State applies paragraph 1, 2, 3 or 4, it shall notify the Commission thereof at least six months before the envisaged date of application. The Commission shall inform the other Member States accordingly.
In the cases referred to in paragraphs 1 and 2 of this Article, the Commission shall adopt implementing acts to approve the additional technical requirements. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 33(2).
Compliance with the altered technical requirements in accordance with paragraphs 1, 2, 3 and 4 shall be specified in the Union inland navigation certificate or in the supplementary Union inland navigation certificate.
Article 24
Derogations for certain categories of craft
While maintaining an adequate level of safety, Member States may authorise derogations from all or part of this Directive for:
- (a) craft operating on non-linked inland waterways;
- (b) craft having a dead weight not exceeding 350 tonnes or craft not intended for the carriage of goods and having a water displacement of less than 100 cubic metres, which were laid down before 1 January 1950 and which operate exclusively within their territory.
Without prejudice to the Revised Convention for Rhine Navigation, Member States may authorise, in respect of navigation within their territory, derogations from this Directive for craft operating limited journeys of local interest or in harbour areas. The derogations and the journeys or areas for which they are valid shall be specified in the craft's certificate.
The Member States shall notify the Commission of the derogations authorised in accordance with paragraphs 1 and 2. The Commission shall inform the other Member States accordingly.
Article 25
Use of new technologies and derogations for specific craft
In order to encourage innovation and the use of new technologies in inland navigation, the Commission shall be empowered to adopt implementing acts allowing derogations or recognising the equivalence of technical specifications for a specific craft regarding:
- (a) the issuance of a Union inland navigation certificate recognising the use, or presence, on board a craft of other materials, installations or items of equipment, or the adoption of arrangements or design aspects other than those included in Annexes II and V, provided that an equivalent level of safety is ensured;
- (b) the issuance of a Union inland navigation certificate for trial purposes for a limited period incorporating new technical specifications that derogate from the requirements of Annexes II and V, provided that an adequate level of safety is ensured.
Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 33(2).
The competent authorities of a Member State shall specify any applicable derogations and recognitions of equivalences referred to in paragraph 1 in the Union inland navigation certificate.
Article 26
Hardship
Following the expiry of transitional provisions to technical requirements laid down in Annex II, the Commission may adopt implementing acts allowing derogations from the technical requirements laid down in that Annex which were subject to those transitional provisions, where those requirements are technically difficult to apply or where their application might entail disproportionate costs.
Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 33(2).
The competent authorities of a Member State shall specify any applicable derogations referred to in paragraph 1 in the Union inland navigation certificate.
Article 27
Register of type-approved equipment
The Commission shall publish on an appropriate website a register of equipment which has been type-approved in accordance with Annexes II and V.
CHAPTER 4 FINAL PROVISIONS
Article 28
Transitional provisions concerning the use of documents
Documents falling within the scope of this Directive and issued by the competent authorities of the Member States under Directive 2006/87/EC before 6 October 2018 shall remain valid until they expire.
Article 29
Craft excluded from the scope of Directive 82/714/EEC
The Union inland navigation certificate shall be issued to craft excluded from the scope of Council Directive 82/714/EEC ([^E0005]), but covered by this Directive in accordance with Article 2(1) of this Directive, following a technical inspection to check whether the craft comply with the technical requirements referred to in Annexes II and V to this Directive. That technical inspection shall be carried out upon the expiry of the craft's current certificate, and in any event no later than 30 December 2018.
Any failure to meet the technical requirements referred to in Annexes II and V shall be specified in the Union inland navigation certificate. Provided that the competent authorities consider that these shortcomings do not constitute a manifest danger, the craft referred to in paragraph 1 of this Article may continue to operate until such time as those components or areas of the craft which have been certified as not meeting those requirements are replaced or altered, following which those components or areas shall meet the technical requirements referred to in Annexes II and V.
The replacement of existing parts with identical parts or parts of an equivalent technology and design during routine repairs and maintenance shall not be considered to be a replacement or an alteration within the meaning of paragraph 2.
Manifest danger within the meaning of paragraph 2 of this Article shall be presumed in particular when requirements concerning the structural soundness, navigation or manoeuvrability or special features of the craft in accordance with the technical requirements referred to in Annexes II and V are affected. Derogations that are provided for in the technical requirements referred to in Annexes II and V shall not be identified as shortcomings which constitute a manifest danger.
Article 30
Transitional provisions concerning temporary requirements pursuant to Directive 2006/87/EC
Temporary requirements adopted in accordance with Article 1.06 of Annex II to Directive 2006/87/EC shall remain valid until they expire.
Article 31
Adaptation of the Annexes
The Commission shall adopt delegated acts in accordance with Article 32 to adapt Annex II to update, without undue delay, the reference to the most recent version of the ES-TRIN standard and to set the date of its application.
By way of derogation from paragraph 1, 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 the decision-making process of CESNI would compromise Union interests, the Commission is empowered to adopt delegated acts in accordance with Article 32 to amend Annex II to provide appropriate technical requirements.
The Commission is empowered to adopt delegated acts in accordance with Article 32 concerning the adaptations of Annexes III and IV to scientific and technical progress.
The Commission is empowered to adopt delegated acts in accordance with Article 32 concerning the adaptations of Annex V to update and streamline administrative provisions.
The Commission is empowered to adopt delegated acts in accordance with Article 32 concerning the adaptations of Annex VI to amend the criteria for the recognition of classification societies to ensure safety of navigation.
The Commission is empowered to adopt delegated acts in accordance with Article 32 in order to update the references in this Directive to certain provisions of Annexes II and V in order to take into account the amendments brought to these Annexes.
Article 32
Exercise of the delegation
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
The power to adopt delegated acts referred to in Articles 4, 19 and 31 shall be conferred on the Commission for a period of five years from 6 October 2016. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
The delegation of power referred to in Articles 4, 19 and 31 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
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.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
A delegated act adopted pursuant to Articles 4, 19 and 31 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 33
Committee procedure
The Commission shall be assisted by the Committee established by Article 7 of Council Directive 91/672/EEC ([^E0006]) (hereinafter ‘the Committee’). The Committee is a committee within the meaning of Regulation (EU) No 182/2011.
Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides.
Article 34
Review
The Commission shall submit, before 7 October 2021, a report to the European Parliament and to the Council reviewing the effectiveness of the measures introduced by this Directive, particularly as regards the harmonisation of technical requirements and the development of technical standards for inland navigation. The report shall also review the mechanisms for cooperation with international organisations competent for inland navigation. The report shall, if appropriate, be accompanied by a legislative proposal to further streamline cooperation and coordination in establishing standards to which reference can be made in legal acts of the Union. The Commission shall submit a similar report following any major developments in inland waterway transport.
Article 35
Penalties
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take the measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
Article 36
Amendment to Directive 2009/100/EC
Directive 2009/100/EC is amended as follows:
- (1) Article 1 is replaced by the following: ‘Article 1 This Directive applies to vessels used for goods transport on inland waterways and having a total dead weight of 20 metric tonnes or more:
- (a) having a length of less than 20 metres; and
- (b) for which the product of length (L), breadth (B) and draught (T) is less than 100 cubic metres. This Directive is without prejudice to the Rhine Vessel Inspection Regulations and to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN).’.
- (2) Article 3 is amended as follows:
- (a) Paragraph 4 is replaced by the following: ‘4. Member States may require vessels carrying dangerous goods as defined in the ADN to comply with the requirements laid down in that Agreement. As evidence of this, they may require that the authorisation provided for in that Agreement be produced.’;
- (b) the second subparagraph of paragraph 5 is replaced by the following: ‘Special conditions for the transport of dangerous goods shall be considered fulfilled in all Community waterways if the vessels meet the requirements of the ADN. Evidence of compliance with those requirements may be provided by the authorisation referred to in paragraph 4.’.
Article 37
Transposition
Without prejudice to Article 40, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, at the latest by 7 October 2018 and which shall apply from this date. They shall immediately inform the Commission thereof.
When Member States adopt such measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Member States shall communicate to the Commission the text of the measures of national law which they adopt in the field covered by this Directive.
Any Member State which, as a result of derogations authorised in accordance with Article 24(1) and (2), has no craft subject to this Directive operating on its waterways shall not be required to transpose Chapter 2, Article 18(3) and Articles 20 and 21.
Article 38
Repeal
Directive 2006/87/EC is repealed with effect from 7 October 2018.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex VII.
Article 39
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 40
Addressees
This Directive is addressed to the Member States except Denmark, Estonia, Ireland, Greece, Spain, Cyprus, Latvia, Malta, Portugal, Slovenia and Finland.
LIST OF ANNEXES
| Annex I: | List of Union inland waterways divided geographically into Zones 1, 2, and 3 |
| Annex II: | Minimum technical requirements applicable to craft on inland waterways of Zones 1, 2, 3 and 4 |
| Annex III: | Subjects for possible additional technical requirements applicable to craft on inland waterways of Zones 1, 2 and non-linked 3 |
| Annex IV: | Subjects for possible reductions of the technical requirements applicable to craft on inland waterways of Zones 3 and 4 |
| Annex V: | Detailed procedural provisions |
| Annex VI: | Classification societies |
| Annex VII: | Correlation table |
ANNEX I
LIST OF UNION INLAND WATERWAYS DIVIDED GEOGRAPHICALLY INTO ZONES 1, 2 AND 3
CHAPTER 1
Zone 1
Germany
| Ems | From a line linking the former Greetsiel lighthouse and the western pier of the port entrance at Eemshaven seawards as far as latitude 53° 30′ N and longitude 6° 45′ E, i.e. slightly seawards of the lightering area for dry-cargo carriers in the Alte Ems [^E0007] |
For vessels domiciled in another State, the provisions of Article 32 of the Ems-Dollart Treaty of 8 April 1960 (BGBl. 1963 II, p. 602) shall apply.
France
The Gironde from the transverse limit of the sea, defined by the line joining the Pointe de Grave to the Pointe de Suzac, to the line joining the Pointe de Grave to the eastern point of the Pontaillac conch
The Loire from the transverse limit of the sea, defined by the line joining the point of Mindin to the point of Penoët, to the line joining the Pointe du Pointeau dike light to the Villès-Martin lighthouse at Saint-Nazaire
The Seine from the transverse limit of the sea (characterised by the line starting from Cape Hode, on the right bank, and ending on the left bank, at the point where the projected dike joins the coast downstream of Berville-sur-Mer) to the limit formed by a line oriented at 245° starting from the Sainte Adresse lighthouse and going as far as the intersection of the Greenwich meridian. From this intersection, the limit is extended by a line running north-south to the intersection of a line running east-west from the Falaise des Fonds light located west of Honfleur
Rhône Delta
Gulf of Fos: from the limits of zone 3 to the north and east, to the broken line starting from the light of the dyke of the Canal St-Louis, passing through the northern cardinal buoy of the They de la Gracieuse and the western cardinal buoy of Lavéra and ending at Pointe de Bonnieu
The southern part of the Etang de Berre between Martigues (tip of the Brise Lames) and the port of La Pointe (end of the northern dyke)
Poland
The part of Pomorska Bay southward from the line linking NordPerd on Rugen Island and the lighthouse Niechorze
The part of Gdańska Bay southward from the line linking the lighthouse Hel and the entrance buoy to the port of Baltijsk
Sweden
Lake Vänern, bounded in the south by the parallel of latitude through the beacon of Bastugrund
Lake Vättern
Brofjorden – Donsö
The area bounded by the mainland or the zone 2 or 3 boundary and by a line from the southernmost point of Grötö via the westernmost point of Gåsö; the northernmost point of Härmanö; Härmanö huvud (head of Härmanö); Vedholmen; Danholmen; the centre of Mollön; the light of Räbbehuvud; Sankt Olov’s lower light; the southeasternmost point of Flatholmen; Åstol light; Marstrand light; Sälö light; the lower light of Kågholmen; Tynneskär light; Buskärs Knöte light; and the upper light of Rivö to Rivö light
Northern Öregrundsgrepen
The area between the mainland and Gräsö, bounded in the north by the parallel of latitude through Engelska grundet light and in the south by the parallel of longitude through the upper leading light of Öregrund
Söderarm – Sandhamn
The area bounded by the zone 2 boundary and by a line from the leading light of Tyvö via Söderarm’s light; the upper leading light of Söderarm’s pilot harbour; and Prästkobben light to Korsö beacon
Jungfrufjärden
The area bounded by the mainland or the zone 2 boundary and by a line from the westernmost point of Nämdö via the westernmost point of Mörtö-Bunsö to the beacon of Ornöhuvud
Mysingen – Landsort
The area bounded by the zone 2 boundary and by a line from Utö light via the southermost point of Nåttarö; Måsknuv light; and Viksten’s light to Landsort’s light
Landsort – Arkö
The area bounded by the mainland or the zone 2 or 3 boundaries, and by a line from Landsort’s light via the southermost point of Enskär and Norra Kränkan’s light to Marö kupa
Valdemarsviken bay and Gryt archipelago
The area bounded by the mainland or the zone 2 boundaries and by a line from Gubbö kupa beacon via Häradsskär’s light and Hägerökarten’s light to the southermost point of Kvädö
Northern Kalmar Sound – Västervik
The area bounded by the mainland and by a line from Hallmare Skackel via Aleskär light; Idö light; Idö Stångskär light; Strupö Ljungskär light, the position N 57 20,0 E016 48,0; and Enerumsgrund’s west cardinal spar buoy to the northernmost point of Öland and further by the north western coast of Öland and in the south by the parallel of latitude N 56° 15.00′
Southern Kalmar Sound
The area between the mainland and Öland, bounded in the north by a line from the point of Dunö (in the mainland) to Bejershamn on Öland, and in the south by the parallel of latitude N 56° 15.00′
Zone 2
Czechia
Dam Lake Lipno
Germany
| Ems | From a line across the Ems near the entrance to the port of Papenburg between the former Diemen pumping station and the opening of the dyke at Halte as far as a line linking the former Greetsiel lighthouse and the western pier of the port entrance at Eemshaven [^E0008] |
| LEDA | From the entrance of the outer harbour of Leer sea lock to the mouth in the Ems |
| Jade | Landwards of a line linking the former Schillig upper light and the church tower at Langwarden |
| Weser | From the north-western edge of the railway bridge in Bremen as far as a line linking Langwarden and Cappel church towers, including the Weser side branches known as Rekumer Loch, Rechter Nebenarm and Schweiburg |
| Hunte | From a line 140 m downstream of the Amalienbrücke bridge at Oldenburg to the mouth in the Weser |
| Lesum | From the confluence of the Hamme and Wümme (km 0,00) to the mouth in the Weser |
| Elbe | From the lower limit of the port of Hamburg as far as a line linking the ball beacon at Döse and the western edge of the Friedrichskoog dyke (Dieksand) including: — Mühlenberger Loch — Ruthenstrom (from km 3,75 till the mouth in the Elbe) — Nebenelben: — — Hahnöfer Nebenelbe (between the prolongation of the Elbe signposting from km 635,00 to km 644,00) — Lühesander Süderelbe (between the prolongation of the Elbe signposting from km 646,50 to km 650,50) — Bütztflether Süderelbe (from km 0,69 till the mouth in the Elbe) — Haseldorfer Binnenelbe (between the prolongation of the Elbe signposting from km 653,00 to km 658,00) — Pagensander Nebenelbe (between the prolongation of the Elbe signposting from km 659,00 to km 664,00) — Schwarztonnensander Nebenelbe (between the prolongation of the Elbe signposting from km 661,00 to km 664,00) — Wischhafener Süderelbe (from km 8,03 till the mouth in the Elbe) — Glückstädter Nebenelbe (between the prolongation of the Elbe signposting from km 672,00 to km 676,00) |
| Este | From the tail water of Buxtehude lock (km 0,25) to the mouth in the Elbe |
| Lühe | From the tail water of the Au-Mühle in Horneburg (km 0,00) to the mouth in the Elbe |
| Schwinge | From the north edge of the Salztor lock in Stade to the mouth in the Elbe |
| Pinnau | From the south-western edge of the railway bridge in Pinneberg to the mouth in the Elbe |
| Krückau | From the south-western edge of the Wedenkamp road bridge in Elmshorn to the mouth in the Elbe |
| Stör | From Rensing tide gauge to the mouth in the Elbe |
| Freiburger Hafenpriel | From the eastern edge of the sluice in Freiburg an der Elbe to the mouth in the Elbe |
| Oste | From 210 m upstream of the axis of the road bridge over the Oste barrage (km 69,36) to the mouth in the Elbe |
| Meldorfer Bucht | Landwards of a line linking the western edge of the Friedrichskoog dyke (Dieksand) and the western pier head at Büsum |
| Eider | From upstream of the mouth of the Gieselau Canal (km 22,64) to the line between the middle of the fortress (Tränke) and the church tower of Vollerwiek |
| Gieselaukanal | From the mouth in the Eider to the mouth in the Nord-Ostsee Canal |
| Flensburger Förde | Landwards of a line linking Kegnäs lighthouse and Birknack and northwards up to the German-Danish border in the Flensburger Förde |
| Schlei | Landwards of a line between the Schleimünde pier heads |
| Eckernförder Bucht | Landwards of a line linking Boknis-Eck and the north-eastern point of the mainland near Dänisch Nienhof |
| Kieler Förde | Landwards of a line linking the Bülk lighthouse and the Laboe naval memorial |
| Nord-Ostsee-Kanal, including Audorfer See and Schirnauer See | From a line linking the pier heads at Brunsbüttel as far as a line linking the entry lights at Kiel-Holtenau, including Borgstedter See and Enge, Flemhuder See and the Achterwehrer Canal |
| Trave | From the north-western edge of the railway lift bridge in Lübeck with the Pötenitzer Wiek, and the Dassower See as far as a line linking the southern inner and northern outer pier heads at Travemünde |
| Wismarbucht, including Kirchsee, Breitling, Salzhaff and Wismar port area | Limited seawards by a line linking Hohen Wieschendorf Huk and Timmendorf light and a line linking Gollwitz light on the Poel island and the southern tip of the Wustrow peninsula |
| Warnow and Unterwarnow including the Breitling and side branches (without side branch west of the Badewieseninsel) | From the southern edge of the railway bridge Rostock-Stralsund to a line linking the northern head of the western pier and the northern head of the eastern pier in Rostock-Warnemünde |
| Waters, enclosed by the mainland and the Darß and Zingst pensinsulas and the islands of Bock, Hiddensee and Rügen (including Stralsund port area) | Seawards limited between — Zingst peninsula and Bock island: by the parallel of latitude 54° 26′ 42′′ N — Bock island and Hiddensee island: by the line linking the northern tip of the Bock island and the southern tip of the Hiddensee island — Hiddensee island and Rügen island (Bug): by the line linking the south-eastern tip of Neubessin and Buger Haken |
| Greifswalder Bodden and the Greifswald port area including Ryck | From the eastern edge of the Steinbecker Brücke in Greifswald to a line linking the eastern tip of the Thiessower Haken (Südperd) to the eastern tip of the Ruden island, and to the northern tip of the Usedom island (54° 10′ 37′′ N, 13° 47′ 51′′ E) |
| Waters enclosed by the mainland and the island of Usedom (the Peenestrom, including Wolgast port area, Achterwasser, Stettiner Haff) | Eastwards as far as by the German-Polish border in the Stettiner Haff |
| Uecker | From the south-west edge of the road bridge in the Uekermünde to the linking line over the seaward edges of the pier heads |
For vessels domiciled in another State, the provisions of Article 32 of the Ems-Dollart Treaty of 8 April 1960 (BGBl. 1963 II, p. 602) shall apply.
France
The Gironde from kilometre point (KP 48,50) to the downstream part of the point of the Ile de Patiras, to the transversal limit of the sea defined by the line joining the Pointe de Grave to the Pointe de Suzac
The Loire from Cordemais (KP 25) to the transversal limit of the sea defined by the line joining the Pointe de Mindin to the Pointe de Penhoët
The Seine from the start of the Tancarville Canal to the transversal limit of the sea defined by the line from Cape Hode, on the right bank, to the point, on the left bank, where the planned dyke meets the coast below Berville-sur-Mer
The Vilaine from the Arzal Dam to the transversal limit of the sea defined by the line joining the Pointe du Scal to the Pointe du Moustoir
Lake Geneva
Hungary
Lake Balaton
Netherlands
Dollard
Eems
Waddenzee: including the links with the North Sea
IJsselmeer: including the Markermeer and IJmeer but excluding the Gouwzee
Nieuwe Waterweg and the Scheur
Calandkanaal west from the Benelux harbour
Hollands Diep
Breeddiep, Beerkanaal and its connected harbours
Haringvliet and Vuile Gat: including the waterways between Goeree-Overflakkee on the one hand and Voorne-Putten and Hoeksche Waard on the other
Hellegat
Volkerak
Krammer
Grevelingenmeer and Brouwershavensche Gat: including all the waterways between Schouwen-Duiveland and Goeree-Overflakkee
Keten, Mastgat, Zijpe, Krabbenkreek, Eastern Scheldt and Roompot: including the waterways between Walcheren, Noord-Beveland and Zuid-Beveland on the one hand and Schouwen-Duiveland and Tholen on the other hand, excluding the Scheldt-Rhine Canal
Scheldt and Western Scheldt and its mouth on the sea: including the waterways between Zeeland Flanders, on the one hand, and Walcheren and Zuid-Beveland, on the other, excluding the Scheldt-Rhine Canal
Poland
Lagoon of Szczecin
Lagoon of Kamień
Lagoon of Wisła
Bay of Puck
Włocławski Reservoir
Lake Śniardwy
Lake Niegocin
Lake Mamry
Sweden
Lysekil – Orust – Tjörn
The area bounded by the mainland, and by a line from Släggö in Lysekil to Skaftölandet in bearing 170 degrees; a line from Islandsberg’s light to Lavösund; a line from the light of Lyr in bearing 300 degrees to the mainland east of Mollösund; a line from the southernmost point of Lyr to Björholmen; and in the northern part of Hakefjorden by the line constituted by the parallel of latitude N 58 01,00
Gothenburg southern archipelago
The area bounded by the mainland or the zone 3 boundary and by a line from the western part of the port of Arendal via Knippelholmen; Rivö light, Rivö upper light; Känsö torn beacon; Kårholmen’s light; and Rättarens leading light to Askims nabbe
Öregrund – Norrtälje
The area between the mainland and Gräsö, bounded in the north by the parallel of longitude through Öregrund’s upper leading light, and bounded towards the sea by a line between Äspskäret and Råstensudde light; a line across Singsundet; by the bridges across Fygdströmmen; a line from Dejeudden via Arholma light to Tyvö light
Norrtälje – Nämdö
The area bounded by the mainland or by the zone 2 or 3 boundaries and by a line from Tyvö light via Idskärskobben’s light; the westernmost point of Svartlöga; Stenkobbsgrund’s light, Korså beacon; and the westernmost point of Nämdö to the southermost point of Björnö
Dalarö – Torö
The area bounded by the mainland and by a line from the beacon of Ornöhuvud via Klacknäset; Näset at Ornö; the northernmost point of Utö; Utö light; Älvsnabben’s light; Norra Stegholmen; Yttre Gården; Valsudden on Järflotta; and Långsudden on Järflotta to the easternmost point of Torö
Torö – Oxelösund
The area bounded by the mainland or by the zone 3 boundary and by a line from Torö church via Fifång light; Kockehällan’s light; Lacka torn; the easternmost point of Kittelö; Trutbådan’s light, Beten’s light; and the beacon of Femörehuvud to Svartudden north of the upper light of Kungshamn
Bråviken, Slätbaken and Östergötland archipelago
The area bounded by the mainland (in western Bråviken from the bridge Hamnbron in Norrköping; in western Slätbaken from Mem’s lock), and by a line from Gullängsberget’s light via Arkö beacon; Marö kupa; the beacon of Kupa klint; the westernmost point of Birkskär; and the beacon of Gubbö kupa to Dalaudde south of Orren
Central Kalmar Sound
The area bounded in the west by the mainland, in the east by Öland, in the north by the parallel of latitude N 56° 51.00′ and in the south by a line from the point of Dunö (in the mainland) to Bejershamn on Öland
CHAPTER 2
Zone 3
Belgium
Maritime Scheldt (downstream of Antwerp open anchorage)
Bulgaria
Danube: from rkm 845,650 to rkm 374,100
Czechia
Dam lakes: Brněnská (Kníničky), Jesenice, Nechranice, Orlík, Rozkoš, Slapy, Těrlicko, Žermanice and Nové Mlýny III
Sandy gravel mining lakes: Ostrožná Nová Ves and Tovačov
Germany
| Danube | From Kelheim (km 2 414,72 ) to the German-Austrian border at Jochenstein |
| Rhine including Lampertheimer Altrhein (from km 4,75 to the Rhine), Altrhein Stockstadt-Erfelden (from km 9,80 to the Rhine) | From the German-Swiss border at Basel to the German-Dutch border at Millingen |
| Elbe (Norderelbe) including Süderelbe and Köhlbrand | From the mouth of the Elbe-Seiten canal to the lower limit of the port of Hamburg |
| Müritz |
France
The Adour from the Bec du Gave to the sea
The Aulne from the lock at Châteaulin to the transversal limit of the sea defined by the Passage de Rosnoën
The Blavet from Pontivy to the Pont du Bonhomme
The Calais Canal
The Charente from the bridge at Tonnay-Charente to the transverse limit of the sea defined by the line passing through the centre of the downstream light on the left bank and through the centre of the Fort de la Pointe
The Dordogne from the confluence with the Lidoire to the Bec d’Ambès
The Garonne from the bridge at Castet en Dorthe to the Bec d’Ambès
The Gironde from the Bec d’Ambès to the transversal line at KP 48,50 and passing through the downstream point of the Ile de Patiras
The Hérault from the port of Bessan to the sea, as far as the upper limit of the tidal foreshore
The Isle from the confluence with the Dronne to the confluence with the Dordogne
The Loire from the confluence with the Maine to Cordemais (KP 25)
The Marne from the bridge at Bonneuil (KP 169 bis 900) and the lock at St Maur to the confluence with the Seine
The Rhine
The Nive from the Haïtze dam at Ustaritz to the confluence with the Adour
The Oise from Janville lock to the confluence with the Seine
The Orb from Sérignan to the sea, as far as the upper limit of the tidal foreshore
The Rhône from the frontier with Switzerland to the sea, with the exception of the Petit Rhône
The Saône from the Pont de Bourgogne bridge at Chalon-sur-Saône to the confluence with the Rhône
The Seine from the lock at Nogent-sur-Seine to the start of the Tancarville Canal
The Sèvre Niortaise from the lock at Marans at the transverse limit of the sea opposite the guardhouse to the mouth
The Somme from the downstream side of the Pont de la Portelette bridge at Abbeville to the viaduct of the Noyelles to Saint-Valéry-sur-Somme railway
The Vilaine from Redon (KP 89,345) to the Arzal Dam
Lake Amance
Lake Annecy
Lake Biscarosse
Lake Bourget
Lake Carcans
Lake Cazaux
Lake Der-Chantecoq
Lake Guerlédan
Lake Hourtin
Lake Lacanau
Lake Orient
Lake Pareloup
Lake Parentis
Lake Sanguinet
Lake Serre-Ponçon
Lake Temple
Croatia
Danube: from rkm 1 295 + 500 to rkm 1 433 + 100
River Drava: from rkm 0 to rkm 198 + 600
River Sava: from rkm 210 + 800 to rkm 594 + 000
River Kupa: from rkm 0 to rkm 5 + 900
River Una: from rkm 0 to rkm 15
Hungary
Danube: from rkm 1 812 to rkm 1 433
Danube Moson: from rkm 14 to rkm 0
Danube Szentendre: from rkm 32 to rkm 0
Danube Ráckeve: from rkm 58 to rkm 0
River Tisza: from rkm 685 to rkm 160
River Dráva: from rkm 198 to rkm 70
River Bodrog: from rkm 51 to rkm 0
River Kettős-Körös: from rkm 23 to rkm 0
River Hármas-Körös: from rkm 91 to rkm 0
Channel Sió: from rkm 23 to rkm 0
Lake Velence
Lake Fertő
Netherlands
Rhine
Sneekermeer, Koevordermeer, Heegermeer, Fluessen, Slotermeer, Tjeukemeer, Beulakkerwijde, Belterwijde, Ramsdiep, Ketelmeer, Zwartemeer, Veluwemeer, Eemmeer, Alkmaardermeer, Gouwzee, Buiten IJ, Afgesloten IJ, Noordzeekanaal, port of IJmuiden, Rotterdam port area, Nieuwe Maas, Noord, Oude Maas, Beneden Merwede, Nieuwe Merwede, Dordsche Kil, Boven Merwede, Waal, Bijlandsch Canal, Boven Rijn, Pannersdensch Canal, Geldersche IJssel, Neder Rijn, Lek, Amsterdam-Rhine-Canal, Veerse Meer, Schelde-Rhine-Canal as far as the mouth in the Volkerak, Amer, Bergsche Maas, the Meuse below Venlo, Gooimeer, Europort, Calandkanaal (east from the Benelux harbour), Hartelkanaal
Austria
Danube: from the border with Germany to the border with Slovakia
Inn: from the mouth to the Passau-Ingling Power Station
Traun: from the mouth to km 1,80
Enns: from the mouth to km 2,70
March: to km 6,00
Poland
River Biebrza from the estuary of the Augustowski Channel to the estuary of the river Narwia
River Brda from the link with the Bydgoski Channel in Bydgoszcz to the estuary of the river Wisła
River Bug from the estuary of the river Muchawiec to the estuary of the river Narwia
Lake Dąbie to the frontier with internal maritime waters
The Augustowski Channel from the link with the river Biebrza to the State border, together with the lakes located along the route of this Channel
The Bartnicki Channel from Lake Ruda Woda to Lake Bartężek, together with Lake Bartężek
The Bydgoski Channel
The Elbląski Channel from Lake Druzno to Lake Jeziorak and Lake Szeląg Wielki, together with these lakes and the lakes on the route of the Channel, and a byway in the direction of Zalewo from Lake Jeziorak to Lake Ewingi, inclusive
The Gliwicki Channel together with the Kędzierzyński Channel
The Jagielloński Channel from the link with the river Elbląg to the river Nogat
The Łączański Channel
The Ślesiński Channel with the lakes located along the route of this Channel and Lake Gopło
The Żerański Channel
River Martwa Wisła from the river Wisła in Przegalina to the frontier with internal maritime waters
River Narew from the estuary of the river Biebrza to the estuary of the river Wisła, together with Lake Zegrzyński
River Nogat from the river Wisła to the estuary of the Lagoon of Wisła
River Noteć (upper) from Lake Gopło to the link with the Górnonotecki Channel and the Górnonotecki Channel and River Noteć (lower) from the link of the Bydgoski Channel to the estuary to River Warta
River Nysa Łużycka from Gubin to the estuary to River Odra
River Odra from the town of Racibórz to the link with River Eastern Odra which turns into River Regalica from the Klucz-Ustowo Piercing, together with that river and its side-branches to Lake Dąbie as well as a byway of River Odra from the Opatowice lock to the lock in Wrocław city
River Western Odra from a weir in Widuchowa (704,1 km of River Odra) to a border with internal maritme waters, together with side-branches as well as the Klucz-Ustowo Piercing linking River Eastern Odra with River Western Odra
River Parnica and the Parnicki Piercing from River Western Odra to a border with internal maritime waters
River Pisa from Lake Roś to the estuary of River Narew
River Szkarpawa from River Wisła to the estuary of the Lagoon of Wisła
River Warta from the Ślesińskie Lake to the estuary of River Odra
Wielkie Jeziora Mazurskie encompassing the lakes linked by the rivers and channels constituting a main route from Lake Roś (inclusive) in Pisz to the Węgorzewski Channel (inclusive) in Węgorzewo, together with Lakes Seksty, Mikołajskie, Tałty, Tałtowisko, Kotek, Szymon, Szymoneckie, Jagodne, Boczne, Tajty, Kisajno, Dargin, Łabap, Kirsajty and Święcajty, together with the Giżycki Channel and the Niegociński Channel and the Piękna Góra Channel, and a byway of Lake Ryńskie (inclusive) in Ryn to Lake Nidzkie (up to 3 km, constituting a border with the ‘Lake Nidzkie’ nature reserve), together with lakes Bełdany, Guzianka Mała and Guzianka Wielka
River Wisła from the estuary of River Przemsza to the link with the Łączański Channel as well as from the estuary of that Channel in Skawina to the estuary of River Wisła to the Bay of Gdańsk, excluding the Włocławski Reservoir
Romania
Danube: from the Serbian-Romanian border (km 1 075 ) to the Black Sea on the Sulina Channel-branch
Danube-Black Sea Canal (64,410 km length): from the junction with the Danube river, at km 299,300 of the Danube at Cernavodă (respectively km 64,410 of the Canal), to the Port of Constanta South-Agigea (km ‘0’ of the Canal)
Poarta Albă-Midia Năvodari Canal (34,600 km length): from the junction with the Danube-Black Sea Canal at km 29,410 at Poarta Albă (respectively km 27,500 of the Canal) to the Port of Midia (km ‘0’ of the Canal)
Slovakia
Danube: from rkm 1 880,26 to rkm 1 708,20
Danube Canal: from rkm 1 851,75 to rkm 1 811,00
River Váh: from rkm 0,00 to rkm 70,00
River Morava: from rkm 0,00 to rkm 6,00
River Bodrog: from rkm 49,68 to rkm 64,85
Dam lakes: Oravská Priehrada, Liptovská Mara, Zemplínska Šírava
Sweden
Lake Mälaren
Saltsjön, the ports of Stockholm and Värmdölandet
The area from Lake Mälaren’s outlets in Stockholm, at Norrström, Slussen and Hammarbyslussen respectively, which is bounded by the mainland and the bridge Lidingöbron, and by a line through the light Elfviksgrund in bearing 135-315 degrees; a line between Mellangårdsholmen and Högklevsudde in Baggensfjärden; Örsundet between Ingarö and Fågelbrolandet; a line from Rönnäsudd via Tegelhällan’s light and Runö light to Talatta on Djurö; a line across Vindöström between Vindö and Värmdölandet; and, apart from that, by the islands in the area
Södertälje Canal and the ports of Södertälje
Södertälje Canal and the ports of Södertälje, bounded in the north by Södertälje lock and in the south by the parallel of latitude N 59° 09′ 00″
Trollhätte Canal, Göta älv and Nordre älv
The area from the parallel of latitude through the beacon of Bastugrund in the southern part of Lake Vänern to the Älvsborg bridge and Nordre älv river to the parallel of longitude E 11° 45′ 00″
Göta Canal
In the east from Mem’s lock to the Motala bridge, including Lake Asplången, Lake Roxen and Lake Boren; in the west from the parallel of longitude through the light Rödesund Norra Yttre at Karlsborg to Sjötorp’s lock, including the lake system through which the canal passes
ANNEX II
MINIMUM TECHNICAL REQUIREMENTS APPLICABLE TO CRAFT ON INLAND WATERWAYS OF ZONES 1, 2, 3 AND 4
The technical requirements applicable to craft are those set out in ES-TRIN standard 2025/1.
ANNEX III
SUBJECTS FOR POSSIBLE ADDITIONAL TECHNICAL REQUIREMENTS APPLICABLE TO CRAFT ON INLAND WATERWAYS OF ZONES 1, 2 AND NON-LINKED 3
Any additional technical requirements adopted by a Member State under Article 23(1) and (2) of this Directive for craft operating on that Member State's territory are limited to the following subjects:
-
- Definitions
- — Necessary for understanding the additional requirements
-
- Strength and stability
- — Structure reinforcement and stability
- — Certificate/attestation by a recognised classification society
-
- Safety clearance and freeboard
- — Freeboard
- — Safety clearance
-
- Watertightness of hull openings and superstructures
- — Superstructures
- — Doors
- — Windows and skylights
- — Hold hatches
- — Other openings (ventilation pipes, exhaust pipes, etc.)
-
- Equipment
- — Anchors and anchor chains
- — Navigation lights
- — Sound signals
- — Compass
- — Radar
- — Transmitting and receiving installations
- — Life-saving equipment
- — Availability of nautical charts
-
- Additional provisions for passenger vessels
- — Stability (wind strength, criteria)
- — Life-saving equipment
- — Freeboard
- — Safety clearance
- — Wheelhouse visibility
-
- Convoys and container transport
- — Pusher connection craft-lighter
- — Stability of craft or lighters carrying containers
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