Inland Waterway Transport: The European Legal Framework

Cover
Half Title
Series
Title
Copyright
Contents
Detailed contents
About the author
Table of cases
Table of legislation
Preface
Chapter 1 Introduction
	1001 Aim of the book
	1002 An overview of common transport policy
		1002.1. Inland water transport in the Treaty of Rome, 25 March 1957
		1002.2. Judgment of the Court of Justice, 22 May 1985 – Case n. 13/83 – European Parliament vs. Council of the European Communities – application for a declaration under Article 175 of the Treaty that the Council has failed to fulfil its obligations in respect of the common transport policy
		1002.3. COM (1992) 0494 – the future development of the common transport policy – a global approach to the construction of an EU framework for sustainable mobility
		1002.4. COM (2001) 0370 – The second White Paper: towards a European transport policy for 2010
		1002.5. COM (2006) 6 final – promotion of inland waterway transport ‘NAIADES’ – an integrated European action programme for inland waterway transport
		1002.6. COM (2006) 0314 – keep Europe moving – sustainable mobility for our continent – Mid-term review of the European Commission’s 2001 Transport White Paper
		1002.7. COM (2007) 770 final – First progress report on the implementation of the NAIADES Action Programme for the promotion of inland waterway transport
			1002.7.1. Adopted European legislation
			1002.7.2. Improving market conditions
			1002.7.3. Modernising the fleet
			1002.7.4. Promotion of jobs and skills
			1002.7.5. Improvement of image
			1002.7.6 Provision of adequate infrastructure
			1002.7.7 Financial support programmes
			1002.7.8 The way forward
		1002.8. COM/2011/0144 final – White Paper – Roadmap to a Single European Transport Area – towards a competitive and resource efficient transport system
		1002.9. COM/2013/0623 final – towards quality inland waterway transport NAIADES II
		1002.10. COM (2019) 640 final – the European Green Deal – accelerating the shift to sustainable and smart mobility
		1002.11. COM (2020) 789 final – sustainable and smart mobility strategy – putting European transport on track for the future
		1002.12. COM (2021) 324 final/2 – NAIADES III: Boosting future – proof European inland waterway transport – Action Plan for 2021–2027
			1002.12.1. Shifting more freight transport to inland waterways
			1002.12.2. Towards zero-emission inland waterway transport
			1002.12.3. Smart inland waterway transport
			1002.12.4. Towards more attractive and sustainable jobs in inland waterway transport
			1002.12.5. Financing
			1002.12.6. Governance
		1002.13. The Trans-European Transport Network (TEN-T) in Regulation (EU) 1315/2013
			1002.13.1. The dual-layer structure: comprehensive network and core network
			1002.13.2. The legal concept of inland waterway transport infrastructure
			1002.13.3. The Member States obligations with regard to inland waterway infrastructure requirements
		1002.14. The Connecting Europe Facility for Transport (CEF-Transport) in Regulation (EU) 2021/1153
			1002.14.1. The actions eligible for funding in the inland water transport sector
Chapter 2 The Design and Construction of Inland Waterways Vessels
	2001 The legal discipline on the technical requirements for inland waterway vessels in Directive (EU) 2016/1629 of the European Parliament and of the Council
	Scope, definitions and waterway zones
		2001.1. Subject matter
		2001.2. Scope
		2001.3. Definitions
		2001.4 Classification of inland waterways
	Navigation certificates
		2001.5 Compliance with technical and safety requirements
		2001.6 Union inland navigation certificates
		2001.7 Obligation to carry a certificate
		2001.8 Supplementary Union inland navigation certificates
		2001.9 Provisional Union inland navigation certificates
		2001.10 Validity of Union inland navigation certificates
		2001.11 Exceptional extension of validity of Union inland navigation certificates
		2001.12 Renewal of Union inland navigation certificates
		2001.13 Replacement of Union inland navigation certificates
		2001.14 Major alterations or major repairs to craft
		2001.15 Refusal to issue or renew, and withdrawal of, Union inland navigation certificates
		2001.16 Recognition of navigation certificates of craft from third-party countries
		2001.17 Certificate registers
	Vessel identification, inspections and altered technical requirements
		2001.18 Unique European vessel identification number
		2001.19 European Hull Data Base
		2001.20 Carrying out of technical inspections
		2001.21 Recognition of classification societies
		2001.22 Control of compliance
		2001.23 Altered technical requirements for certain zones
		2001.24 Derogations for certain categories of craft
		2001.25 Use of new technologies and derogations for specific craft
		2001.26 Hardship
		2001.27 Register of type-approved equipment
	Final provisions
		2001.28 Transitional provisions concerning the use of documents
		2001.29 Craft excluded from the scope of directive 82/714/EEC
		2001.30 Transitional provisions concerning temporary requirements pursuant to directive 2006/87/EC
		2001.31 Adaptation of the annexes
		2001.32 Exercise of delegation
		2001.33 Committee procedure
		2001.34 Review
		2001.35 Penalties
		2001.36 Amendment to directive 2009/100/EC
		2001.37 Transposition
		2001.38 Repeal
		2001.39 Entry into force
		2001.40 Addressees
Chapter 3 Navigability Licences for Inland Waterway Vessels and Their Reciprocal Recognition
	3001 The legal discipline on reciprocal recognition of navigability licences for inland waterway vessels in Directive 2009/100/EC of the European Parliament and of the Council
		3001.1 Field of application
		3001.2 Procedures for the issue of certificates
		3001.3 Recognition of certificates by the Member States
		3001.4 Suspension of the certificate’s validity and interruption to the passage of a vessel
		3001.5 Repeal
		3001.6 Entry into force
		3001.7 Addressees
Chapter 4 Professional Qualifications of the Crew in Inland Navigation and Their Recognition
	4001 The legal discipline on the recognition of professional qualifications in inland navigation in Directive (EU) 2017/2397 of the European Parliament and of the Council
	Subject matter, scope and definitions
		4001.1 Subject matter
		4001.2 Scope
		4001.3 Definitions
	Union qualification certificates
		4001.4 Obligation to carry an EU qualification certificate as a deck crew member
		4001.5 Obligation to carry an EU qualification certificate for specific operations
		4001.6 Obligation for boatmasters to hold specific authorisations
		4001.7 Exemptions related to national inland waterways that are not linked to the navigable network of another Member State
		4001.8 Classification of inland waterways with a maritime character
		4001.9 Stretches of inland waterways with specific risks
		4001.10 Recognition
	Certification of professional qualifications
		4001.11 Issuing and validity of EU qualification certificates
		4001.12 Issuing and validity of specific authorisations for boatmasters
		4001.13 Renewal of EU qualification certificates and of specific authorisations for boatmasters
		4001.14 Suspension and withdrawal of EU qualification certificates or specific authorisations for boatmasters
		4001.15 Administrative cooperation
	Competences
		4001.16 Requirements for competences
		4001.17 Assessment of competences
		4001.18 Examination under the responsibility of an administrative authority
		4001.19 Approval of training programmes
		4001.20 Assessment of competences for specific risks
		4001.21 Use of simulators
	Navigation time and medical fitness
		4001.22 Service record book and logbook
		4001.23 Medical fitness
	Administrative provisions
		4001.24 Protection of personal data
		4001.25 Registers
		4001.26 Competent authorities
		4001.27 Monitoring
		4001.28 Evaluation
		4001.29 Prevention of fraud and other unlawful practices
		4001.30 Penalties
	Final provision
		4001.31 Exercise of the delegation
		4001.32 CESNI standards and delegated acts
		4001.33 Committee procedure
		4001.34 CESNI standards and implementing acts
		4001.35 Review
		4001.36 Phasing-in
		4001.37 Repeal
		4001.38 Transitional provisions
		4001.39 Transposition
		4001.40 Entry into force
		4001.41 Addressees
Chapter 5 The Organisation of Working Time in Inland Water Transport
	5001 Directive 2014/112/EU implementing the European Agreement concerning certain aspects of the organisation of working time in inland waterway transport, concluded by the European Barge Union (EBU), the European Skippers Organisation (ESO) and the European Transport Workers’ Federation (ETF)
		5001.1 Subject matter
		5001.2 Faculty of Member States to maintain or introduce a more favourable regime than that laid down in Directive 2014/112/EU
		5001.3 Penalties
		5001.4 Transposition
		5001.5 Entry into force
		5001.6 Addressees
	5002 The European agreement concerning certain aspects of the organisation of working time in inland waterway transport
Chapter 6 Inland Water Transport of Passengers and Goods in the Eu Market
	6001 The EU legal framework on access to inland water transport of passengers and goods market
	6002 Council Regulation (EEC) 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
		6002.1. Subject matter
		6002.2. Obligations of Member States for the purposes of implementing articles 2(4), 8(1) and the first sentence of article 3(4) of the Annex
		6002.3. The specific procedure for granting exemptions under the second sentence of article 3(4) of the Annex
		6002.4. Entry into force
		6002.5. Annex “Regulation implementing the provisions of the third paragraph of Article 2 of the Revised Convention for the navigation of the Rhine and of paragraphs 1 and 3 of the Protocol of Signature of Additional Protocol 2 to the said Convention of 17 October 1979”
	6003 Council Regulation (EEC) 3921/91 laying down the conditions under which non-resident carriers may transport goods or passengers by inland waterway within a Member State
		6003.1. The concept of “cabotage” and the requirements for carrying it out
		6003.2. The ownership requirements of the vessel engaged in cabotage operations
		6003.3. The “by subject” limits of the host Member State’s regulatory power with regard to the regulation of cabotage operations
		6003.4. Transitional provisions
		6003.5. The prohibition of introducing new restrictions on the freedom of service by Member States
		6003.6. The relationship with the Convention of Mannheim
		6003.7. The adoption of regulations and administrative provisions by Member States as consequence of the Council Regulation (EEC) 3921/91
	6004 Council Regulation (EC) 1356/96 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
		6004.1. Scope
		6004.2. The requirements for carrying out the transport provided for by the regulation and the prohibition of discrimination on grounds of nationality or place of establishment
		6004.3. The protection of rights of third-country operators
		6004.4. Entry into force
	6005 Council 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
		6005.1. The concept of “occupation of carrier of goods by waterway vessel” and the conditioned regulatory power of Member States
		6005.2. The cases of exclusion from the field of application of the directive
	Conditions for access to the occupation
		6005.3. The condition of possession of the professional competence
		6005.4. The special cases of temporary derogation and permanent derogation from the obligation to satisfy the requirement of professional competence
		6005.5. The special case of exemption for natural persons who started the profession of carrier of goods by waterway vessel before 1 July 1990
		6005.6. The obligation to motivate the decision to refuse access to the profession or to withdraw the authorization and the right of defence of natural persons and undertakings
	Mutual recognition of diplomas, certificates and other evidence of formal qualifications
		6005.7. The obligation for Member States of mutual recognition of certificates
		6005.8. The faculty of the Member State to impose the additional requisites of good reputation and absence of bankruptcy for the purposes of entering the profession
		6005.9. The faculty of the Member State to impose the additional requisite of financial standing for the purposes of entering the profession
		6005.10. Employed persons
		6005.11. Transposition
		6005.12. Addressees
	6006 Council Directive 96/75/EC on the systems of chartering and pricing in national and international inland waterway transport in the Community
		6006.1. List of definitions for the specific purposes of the directive
		6006.2. The principle of free conclusion of contracts and free prices negotiation in the field of national and international inland waterway transport in the Community
		6006.3. The suppression of systems of chartering by rotation and the transitional regime
		6006.4. The intervention by the Commission in the event of a serious disturbance in the inland waterway transport market
		6006.5. Transposition
		6006.6. Entry into force
		6006.7. Addressees
	6007 Council Regulation (EC) 169/2009 applying rules of competition to transport by rail, road and inland waterway
		6007.1 Scope
		6007.2 Exception for technical agreements
		6007.3 Exemption for groups of small and medium-sized undertakings
		6007.4 Repeal
		6007.5 Entry into force and existing agreements
Chapter 7 Inland Water Transport of Dangerous Goods
	7001 Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods
		7001.1 Scope
		7001.2 Definitions
		7001.3 General provisions
		7001.4 Third-party countries
		7001.5 Restrictions on grounds of transport safety
		7001.6 Derogations
		7001.7 Transitional provisions
		7001.8 Adaptations
		7001.9 Exercise of the delegation
		7001.10 Committee procedure
		7001.11 Transposition
		7001.12 Amendment
		7001.13 Repeals
		7001.14 Entry into force
		7001.15 Addressees
		7001.16 Annex III “transport by inland waterways”
Chapter 8 Navigation Safety and Environmental Protection
	The role of information in navigation safety
	8001 Directive 2005/44/EC of the European Parliament and of the Council on harmonised river information services (RIS) on inland waterways in the EU
		8001.1 Subject matter
		8001.2 Scope
		8001.3 Definitions
		8001.4 Setting-up of RIS
		8001.5 Technical guidelines and specifications
		8001.6 Satellite positioning
		8001.7 Type-approval of RIS equipment
		8001.8 Competent authorities
		8001.9 Rules on privacy, security and the re-use of information
		8001.10 Amendments to Annexes I and II
		8001.11 Exercise of the delegation
		8001.12 Committee procedure
		8001.13 Transposition
		8001.14 Entry into force
		8001.15 Addressees
	The environmental sustainability of transportation
	8002 Directive 2014/94/EU of the European Parliament and of the Council on the deployment of alternative fuels infrastructure
		8002.1 Subject matter
		8002.2 Definitions
		8002.3 National policy frameworks
		8002.4 Electricity supply for transport
		8002.5 Hydrogen supply for road transport
		8002.6 Natural gas supply for transport
		8002.7 User information
		8002.8 Exercise of the delegation
		8002.9 Committee procedure
		8002.10 Reporting and review
		8002.11 Transposition
		8002.12 Entry into force
		8002.13 Addressees
Appendix: List of State Aid Cases in the EU inland water transport sector
Index