Directive of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (2006/87/EC) (repealed)

CHAPTER 2 PROCEDURE

Article 2.01 Inspection bodies

1. Inspection bodies shall be set up by the Member States.

2. Inspection bodies shall consist of a chairman and experts.

At least the following shall form part of each body as experts:

(a) an official from the administration that is responsible for inland navigation;

(b) an expert on the design of inland waterway vessels and their engines;

(c) a nautical expert in possession of a navigation certificate.

3. The Chairman and the experts within each body shall be designated by the authorities in the State in which the body is set up. On taking up their duties, the Chairman and the experts shall submit a written declaration that they will perform them completely independently. No declaration shall be required from officials.

4. Inspection bodies may be assisted by specialist experts in accordance with the national provisions applying.

Article 2.02 Request for an inspection

1. The procedure for making a request for an inspection and establishing the place and time of that inspection fall within the powers of the authorities issuing the Community 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.

2. The owner of a craft that is not subject to this Directive, or his representative, may request a Community certificate. His request shall be met if the vessel fulfils the requirements of this Directive.

Article 2.03 Presentation of the craft for inspection

1. The owner, or his representative, shall present the craft in an unladen, cleaned and equipped state. He shall provide any assistance needed for the inspection, such as providing an appropriate dinghy and staff, and uncovering any parts of the hull or fittings that are not directly accessible or visible.

2. The inspection body shall demand a dry inspection on the first occasion. That dry inspection may be dispensed with if a classification certificate or a certificate from an approved classification society to the effect that the construction meets its requirements can be produced or if a certificate is produced which shows that a competent authority has already carried out a dry inspection for other purposes. Where there is a periodical inspection or an inspection, as provided for in Article 15 of this Directive, the inspection body may require an inspection out of the water.

The inspection body shall conduct trial runs during an initial inspection of motor vessels or convoys or where major changes are made to the propulsion or steering equipment.

3. The inspection body may require further operational tests and other supporting documents. That provision shall also apply during the building of the craft.

Article 2.04 (Left void)

Article 2.05 Provisional Community certificate

1. The competent authority may issue a provisional Community certificate:

(a) to craft intended to travel to a certain place with the permission of the competent authority in order to obtain a Community certificate;

(b) to craft whose Community certificate has been temporarily withdrawn in one of the instances referred to in Article 2.07 or in Articles 12 and 16 of this Directive;

(c) to craft whose Community certificate is in preparation following a successful inspection;

(d) to craft where not all of the conditions required for obtaining a Community certificate as set out in Part I of Annex V have been met;

(e) to craft so damaged that their state no longer complies with the Community certificate;

(f) to floating installations or equipment where the authorities responsible for special transport operations make the authorisation to carry out a special transport operation, as provided for by the applicable navigational authority regulations of the Member States, subject to obtaining such a Community certificate;

(g) to craft deviating from the provisions of Part II, as provided for in Article 2.19( 2).

2. The provisional Community certificate shall be drawn up using the model set out in Part III of Annex V where the navigability of the craft, floating establishment or floating object seems to have been adequately ensured.

This shall include the conditions considered necessary by the competent authority and shall be valid:

(a) in the cases referred to in paragraph 1(a), (d) to (f), for a single specific trip to be made within a suitable period that shall not exceed one month;

(b) in the cases referred to in paragraph 1(b) and (c), for an appropriate duration;

(c) in the cases referred to in paragraph 1(g), for six months. The provisional Community certificate may be extended for six months at a time until the Committee has taken a decision.

Article 2.06 Validity of the Community certificate

1. The validity period of Community certificates issued to newly built vessels in accordance with the provisions of this Directive shall be determined by the competent authority up to a maximum of:

(a) five years in the case of passenger vessels;

(b) 10 years in the case of all other craft.

The period of validity shall be entered on the Community certificate.

2. In the case of vessels already in operation before the inspection, the competent authority shall set the period of validity of the Community certificate case by case, in the light of the results of the inspection. However, the validity may not exceed the periods specified in paragraph 1.

Article 2.07 Particulars in and amendments to the Community certificate

1. The owner of a craft, or his representative, shall bring to the notice of the competent authority any change in the name or ownership of a craft, any remeasurement, and any change in the official number, registration or home port, and shall send the Community certificate to that authority for amendment.

2. Any competent authority may add any information or change to the Community certificate.

3. Where a competent authority adds any alteration or information to a Community certificate it shall inform the competent authority which issued the Community certificate thereof.

Article 2.08 (Left void)

Article 2.09 Periodical inspection

1. Craft shall be subjected to a periodical inspection before expiry of their Community certificate.

2. Following a justified request by the owner or his representative, the competent authority may, by way of an exception, and without any further inspections, grant an extension of the validity of the Community certificate for not more than six months. That extension shall be granted in writing and shall be kept on board the craft.

3. The competent authority shall again lay down the period of validity of the Community certificate in accordance with the results of that inspection.

The period of validity shall be entered on the Community certificate and brought to the attention of the authority having issued that Community certificate.

4. If, rather than have its period of validity extended, a Community certificate is replaced by a new version, the earlier Community certificate shall be returned to the competent authority which issued it.

Article 2.10 Voluntary inspection

The owner of a craft, or his representative, may voluntarily request an inspection at any time.

That request for an inspection shall be acted upon.

Article 2.11 (Left void)

Article 2.12 (Left void)

Article 2.13 (Left void)

Article 2.14 (Left void)

Article 2.15 Expenses

The owner of a craft, or his representative, shall bear all of the costs arising from the inspection of the vessel and the issue of the Community certificate in accordance with a special set of charges drawn up by each of the Member States.

Article 2.16 Information

The competent authority may allow persons demonstrating a well-founded interest to be informed of the contents of a Community certificate and may issue those persons with extracts or copies of the Community certificates certified as true and designated as such.

Article 2.17 Register of Community certificates

1. Competent authorities shall assign an order number to the Community certificates they issue. They shall keep a register in accordance with the model set out in Annex VI of all the Community certificates they issue.

2. Competent authorities shall keep the original, or a copy of all the Community certificates they have issued, and shall enter on these any information and alterations, together with any Community certificate cancellations and replacements.

Article 2.18 Official number

1. The competent authority having issued a Community certificate shall enter on that Community certificate the official number assigned to that craft by the competent authority of the Member State in which the craft has been registered or has its home port.

As far as craft from non-Member States are concerned the official number to be entered on the Community certificate shall be assigned by the competent authority issuing that Community certificate.

These requirements shall not apply to recreational craft.

2. (Left void)

3. (Left void)

4. The owner of a craft, or his representative, shall apply to the competent authorities for assignment of the official number. The owner or his representative shall also be responsible for affixing the official number entered in the Community certificate and removing it as soon as it is no longer valid.

Article 2.19 Equivalences and derogations

1. Where the provisions of Part II require the use, or presence, on board a craft of certain materials, installations or items of equipment, or the adoption of certain design aspects or certain arrangements, the competent authority may permit the use, or presence, on board the said craft of other materials, installations or items of equipment, or the adoption of other design features or other arrangements where, in accordance with the procedure referred to in Article 19(2) of this Directive, these are recognised to be equivalent.

2. If, in accordance with the procedure referred to in Article 19(2) of this Directive, the Committee reaches no decision on equivalence, as provided for in paragraph 1, the competent authority may issue a provisional Community certificate.

In accordance with the procedure referred to in Article 19(2) of this Directive, the competent authorities shall report to the Committee within one month of issue of the provisional Community certificate in accordance with Article 2.05(1)(g), indicating the name and official number of the craft, the nature of the derogation and the State in which the craft is registered or has its home port.

3. In accordance with the procedure referred to in Article 19(2) of this Directive, the competent authority may, on the basis of a recommendation by the Committee, issue a Community certificate for trial purposes and for a limited period to a specific craft incorporating new technical specifications that derogate from the requirements of Part II, provided those specifications offer equivalent safety.

4. The equivalences and derogations referred to in paragraphs 1 and 3 shall be entered in the Community certificate. The Commission shall be informed thereof.