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 (c. 1629)

CHAPTER 1 U.K. SCOPE, DEFINITIONS AND WATERWAY ZONES

Article 1 U.K. 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 U.K. Scope of application

1. 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.

2. This Directive does not apply to:

(a) ferries;

(b) naval vessels;

(c) seagoing ships, including seagoing tugs and pushers, which:

(i)

(c) operate or are based on tidal waters; or

(ii)

operate temporarily on inland waterways;

provided that they carry at least:

• (c) 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(1), 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 U.K. 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 U.K. Classification of inland waterways

1. 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.

2. 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.

(1)

Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (OJ L 163, 25.6.2009, p. 1).