The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) (Amendment) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Directive (EU) 2016/1629 of the European Parliament and of the Council of 14th September 2016 laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC (“the Directive”).

The Regulations make a number of amendments to the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010 (S.I. 2010/1075) (“the 2010 Regulations”).

Regulation 3 amends regulation 2 (interpretation) of the 2010 Regulations in accordance with Articles 3 and 4 of the Directive.

Regulation 4 amends regulation 3 (application) of the 2010 Regulations by expanding the list of relevant certificates in paragraph (3).

Regulation 5 amends regulation 4 (exemptions: vessels operating on waterways not linked to other Member States) to limit the vessels to which exemptions may be granted by the Secretary of State.

Regulation 6 amends regulation 5 (exemptions: limited journeys of local interest or in harbour areas) of the 2010 Regulations to update references to navigation certificates.

Regulation 7 substitutes regulation 6 (obligation to carry a certificate) in the 2010 Regulations to make provision requiring vessels to carry either a valid Union inland navigation certificate or a valid certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation and, in the case of vessels operating on Zone 1 and 2 waterways and passenger vessels operating on Zone 3 waterways, a valid supplementary Union inland navigation certificate.

Regulation 8 omits regulation 7 (reduced requirements for vessels operating only on Zone 4 waterways) of the 2010 Regulations.

Regulation 9 omits regulation 8 (vessels carrying Rhine navigation certificates) of the 2010 Regulations.

Regulation 10 substitutes regulation 9 (community inland navigation certificates and supplementary community inland navigation certificates) of the 2010 Regulations and sets out the requirements for Union inland navigation certificates and supplementary Union inland navigation certificates.

Regulation 11 amends regulation 10 (recognition of navigability certificates of third countries) of the 2010 Regulations to update references from “Community inland navigation certificate” to “supplementary Union inland navigation certificate”.

Regulation 12 amends regulation 12 (inspection and remedial measures) of the 2010 Regulations to update the references to the certificates which an inspector may check.

Regulation 13 inserts a new provision, regulation 15 (transitional provision), into the 2010 Regulations which provides for Community inland navigation certificates and supplementary Community inland navigation certificates issued in accordance with Directive 2006/87/EC before 6th October 2016 to remain valid until they expire.

Regulation 14 amends Schedule 1 (recognition of navigability licences) to the 2010 Regulations to update the references to the Rhine Vessels Inspection Regulations and Agreement on transport of dangerous goods on the Rhine.

The Revised Convention for Rhine Navigation (“the Convention”) and the Rhine Vessel Inspection Regulations (“the RVIR”) may be consulted and are available to download at the official website of the Central Commission for the Navigation of the Rhine (https://www.ccr-zkr.org/13020300-en.html#011 for the Convention and https://www.ccr-zkr.org/13020500-en.html#05 for the RVIR). The Convention is available in English and the RVIR are available in Dutch, German and French. An English version of the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (“the ADN”) may be consulted and downloaded from the website for the United Nations Economic Commission for Europe (“UNECE”) (http://www.unece.org/trans/danger/publi/adn/adn2017/17files_e0.html). A hard copy of the English version of the ADN may be purchased from the UNECE shop (https://shop.un.org/books/eur-agrmt-intl-carr-adn-2017-52024). Hard copies of the English version of the Convention, the Dutch, German and French versions of the RVIR and the English version of the ADN are available for inspection free of charge but by appointment at the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG.

Merchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be downloaded from the MCA’s website https://www.gov.uk/government/organisations/maritime-and-coastguard-agency or by e-subscription from [e-mail] with ‘Subscribe’ in the subject heading, or from M-Notices Subscriptions, P.O. Box 362, Europa Park, Grays Essex RM17 9AY, tel [phone], fax [phone]. Hard copies of the Merchant Shipping Notices referred to in these Regulations are available for inspection free of charge but by appointment at the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG.

An impact assessment of the effect of these Regulations on the cost to business is published with the Explanatory Memorandum and Transposition Note alongside this instrument on www.legislation.gov.uk.