This book analyses the European legal framework on inland water transport in light of the most recent legislation adopted and how the main Member States of Central Western Europe have implemented it.
Specifically, the book provides an innovative tool of analytical and systematic study of the various legislative EU measures that regulate the inland waterways transport sector, as well as for the comparative study and analysis of the relevant measures of implementation adopted by the afore-mentioned Member States. Each EU legislative measure is first explained in general terms and then commented on in detail with a specific analysis of the most significant articles, following a precise logical sequence of the topics; the corresponding national implementing measures are also examined in detail* describing any different ways of transposing the EU regulation, also with regard to any differences in approach by the Member States relative to the possibility of any derogations or exemptions from compliance with some measures, which is often provided for by the EU regulation. This approach is significantly useful for (i) a more systematic and user-friendly understanding of the EU regulatory framework, (ii) an equally better understanding of how EU measures have been transposed into national legislation and (iii) a revision of this European and domestic legislation, where appropriate.
Furthermore, the book is very useful for policy-makers of countries that are not members of the European Union (i.e. policy-makers from countries worldwide that have inland waterways), as they will have a reference tool to evaluate the possibility of reviewing their own regulation with a view to making it more similar to the EU one should the latter be better.
While preparing the book, analyses of the preparatory work of the legislation played a great role, as they are very useful for better understanding the legislative initiatives and the reasons for the choices made. Analysis of the doctrine and jurisprudence also played a great part. This allows the reader to have a thorough understanding of the subject from a scientific point of view and from the point of view of practical application.
Author(s): Massimiliano Grimaldi
Series: Maritime and Transport Law Library
Publisher: Routledge/Informa Law
Year: 2023
Language: English
Pages: 402
City: London
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
