9 Inland waterways: vessel standards
| (35318)
13717/13
+ ADDs 1-2
COM(13) 622
| Draft Directive laying down technical requirements for inland waterway vessels and repealing Directive 2006/87/EC
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| Legal base | Article 91(1) TFEU; co-decision; QMV
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| Document originated | 10 September 2013
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| Deposited in Parliament | 25 September 2013
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| Department | Transport
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| Basis of consideration | EM of 8 October 2013
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| Previous Committee Report | None
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| Discussion in Council | Not known
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
9.1 Directive (2006/87/EC) sets out the technical standards applicable
to vessels operating on inland waterways in the EU.
9.2 The Central Commission for Navigation on the
Rhine (CCNR) also has its own set of standards applicable to vessels
operating on the Rhine and some of its tributaries, which are
to be found in the Revised Convention for Rhine Navigation.
9.3 The Directive requires vessels to carry a certificate
confirming compliance for that particular type of vessel. For
vessels operating on the Rhine, either a certificate issued in
accordance with the Directive or a certificate issued in accordance
with CCNR requirements is acceptable.
9.4 Achieving equivalence between the two types of
certificate is difficult to maintain because they are linked to
two different legal frameworks, each of which operates to a separate
set of standards in accordance with its own rules and procedures.
In order to achieve a level playing field, it is therefore desirable
to move towards a situation whereby a uniform set of technical
vessel standards exist. Because of the two legal regimes progressing
to a uniform set of standards can only be achieved gradually.
9.5 An administrative agreement has been signed by
the Commission and the CCNR to establish a committee structure
so that they can jointly develop and maintain common technical
standards. This committee is created under the auspices of the
CCNR but will be open to experts representing EU and CCNR Member
States. The aim will be to develop a single set of technical standards
to achieve harmonisation between the current two standards. The
CCNR will take the lead in setting up the committee that will
provide the necessary administrative functions. The committee
will be in charge of developing technical standards at a "working"
level. Once these are published, any involvement at this committee
level ceases. Instead, the adoption of the standards will be considered
by the EU and CCNR for incorporation into their respective regulatory
frameworks for inland navigation.
The document
9.6 This draft Directive, whilst repealing Directive
(2006/87/EC), would set out the technical standards applicable
to vessels operating on inland waterways in the EU. The purpose
of repealing the current Directive, is so that a mechanism can
be introduced to enable administrative changes to be introduced
so that both EU and CCNR standards can be revised and harmonised
in a more timely and efficient manner.
9.7 In order to benefit from the new committee structure,
the EU and CCNR need to adapt their legislative frameworks so
that the outcome from the committee can be taken into account
by these organisations, by making reference to its standards when
adopting the technical requirements included in the Directive.
To facilitate this, the rules referring to decision-making are
to be separated from those concerned with the technical vessel
standards and procedural issues in the proposed Directive. This
will be done by re-organising the annexes to the Directive so
that they only cover the specific technical standards, plus any
procedural issues associated with those standards. Any aspects
associated with the decision-making mechanism will be integrated
into the main body of the proposed Directive and out of the annexes.
These aspects are mainly concerned with equivalences and derogations
and the carrying out of technical inspections.
9.8 This approach would give the Commission the power
by delegated act to adapt the technical annexes to the draft Directive
in the light of technical progress and the work of other organisations,
in particular the CCNR. In doing so, the Commission would be assisted
by the existing Committee of Member States established under Council
Directive 91/672/EEC on the reciprocal recognition of national
boatmasters' certificates. The delegation of power to the Commission
would be for an indeterminate period, but either the European
Parliament or Council could revoke this at any time. A delegated
act would enter into force only if neither the European Parliament
nor the Council objected within two months of notification of
the act, a period which could be extended by two months by either
institution.
The Government's view
9.9 The Parliamentary Under-Secretary of State, Department
for Transport (Stephen Hammond), says that:
·
Article 7.1 of the current Directive allows Member States, which
have inland waterways not linked by inland waterways to the waterways
of other Member States, to authorise derogations from some or
all of the requirements of the Directive; and
· this
has been given effect in the UK by regulation 4 of the Merchant
Shipping (Technical Requirements for Inland Waterway Vessels)
Regulations 2010, which exempts all vessels that operate on EU
inland waterways within the UK (as listed in Annex 1 to the Directive)
from the Directive's technical requirements.
9.10 The Minister explains that the purpose for using
this power of derogation was as follows:
· the
technical requirements laid down in the current Directive for
non-passenger vessels are heavily based on those developed for
vessels on the Rhine;
· they
reflect the scale of those vessels and the operations and navigational
environment of the Rhine and similar waterways;
· those
requirements would impose an excessive and unjustifiable burden
on inland waterway non-passenger vessels within the UK, where
the corresponding scales are much smaller and the risk to safety
is consequently less;
· such
vessels in the UK are currently subject to only minimal technical
requirements relating to life-saving appliances and fire protection
— the UK safety standards which apply to such vessels, as
a condition of the exemption, are the standards relating to life-saving
appliances and fire protection;
· the
UK has a robust national safety regime for inland waterway passenger
vessels, enhanced following the Public Inquiry into the MARCHIONESS
disaster of August 1989;
· some
of the UK safety requirements are of a higher standard than those
laid down in the Annexes to the current Directive;
· in some
respects the UK safety requirements are also of a higher standard
than the additional national technical requirements allowed in
accordance with Article 5.1 and 5.3 of, and Annex III, to the
Directive;
· the
Government considers that it can safeguard UK national standards
which are an important part of minimising accidents on such vessels
and which it considers it is justified in maintaining, by exercising
the UK's power of derogation; and
· using
a provision within Article 7 the UK is also exempted from requirements
to carry out technical inspections and to issue EU inland navigation
certificates, thus avoiding costs greatly outweighed by any benefit.
9.11 The Minister notes that the draft Directive
contains an article which replicates, apart from a minor editorial
difference, Article 7 of the current Directive. This means that
the UK would be able to continue with its present exemptions.
Conclusion
9.12 Given that the intention is continue the
derogation presently available to such Member States as the UK,
this proposal would have no significant impact for the UK. So
whilst drawing it to the attention of the House we clear it from
scrutiny.
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