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Council Directive of 16 December 1991 on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway (91/672/EEC)
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Changes over time for: Council Directive of 16 December 1991 on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway (91/672/EEC)
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EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.
Council Directive
of 16 December 1991
on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway
(91/672/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas it is appropriate to work for the establishment of common provisions concerning the sailing of inland waterways vessels on inland waterways in the Community;
Whereas, it is appropriate, as a first step, with a view to promoting free navigation on inland waterways in the Community, to achieve the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway;
Whereas additional requirements relating to knowledge of local situations may have to be satisfied for the purposes of navigation on certain inland waterways,
HAS ADOPTED THIS DIRECTIVE:
Article 1U.K.
For the purpose of this Directive, the national boatmasters' certificates for the carriage of goods and passengers by inland waterway, as referred to in Annex I, shall be subdivided as follows:
| Group A: | boatmasters' certificates valid for waterways of a maritime character as indicated in Annex II, |
| Group B: | boatmasters' certificates valid for the other waterways in the Community, with the exception of the Rhine, the Lek and the Waal. |
Article 2U.K.
Subject to the provisions of Article 3 (5), the Rhine navigation licence for boatmasters issued in accordance with the revised Convention for the Navigation of the Rhine shall be valid for all waterways in the Community.
Article 3U.K.
1.Boatmasters' certificates which are still in force and are listed in Group A in Annex I shall be recognized by all Member States as valid for the purposes of navigation on the waterways of a maritime character listed in Annex II, as if they had issued the certificates in question themselves.
2.Member States shall reciprocally recognize the boatmasters' certificates which are still in force and are listed in Group B of Annex I as valid for the purposes of navigation on their inland waterways apart from those for which the Rhine navigation licence is required or which are listed in Annex II, as if they had issued the certificates themselves.
3.Recognition by a Member State of a boatmasters' certificate listed in Group A or Group B of Annex I may be made subject to the same miminum age conditions as those laid down in the Member State in question for the issue of a boatmasters' certificate in the same group.
4.Recognition by a Member State of a boatmasters' certificate may be limited to those categories of vessels for which this certificate is valid in the Member State which issued it.
5.Subject to consultation of the Commission and the other Member States, a Member State may require that, for the purposes of navigation on certain waterways other than the waterways of a maritime character as indicated in Annex II, boatmasters from other Member States satisfy additional conditions concerning knowledge of the local situation equivalent to those required for its national boatmasters.
6.This Directive shall not prevent a Member State requiring additional knowledge on the part of boatmasters sailing vessels transporting dangerous substances on its territory.
Member States shall recognize the certificate issued in accordance with the number 10 170 of the ADNR as proof of this knowledge.
[F1Article 4 U.K.
If necessary, the Commission shall adapt the list of certificates appearing in Annex I to this Directive. Those measures, designed to amend non-essential elements of this Directive, inter alia , by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(2).]
Textual Amendments
F1 Substituted by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny Adaptation to the regulatory procedure with scrutiny — Part One.
Article 5U.K.
The Council shall, acting by a qualified majority, decide by 31 December 1994 at the latest on common provisions concerning the sailing of inland waterways vessels for the carriage of goods and passengers, on the basis of a Commission proposal to be submitted no later than 31 December 1993.
Article 6U.K.
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 1 January 1993. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
[F1Article 7 U.K.
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.]
Textual Amendments
F1 Substituted by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny Adaptation to the regulatory procedure with scrutiny — Part One.
Article 8U.K.
This Directive is addressed to the Member States.
ANNEX IU.K.LIST OF NATIONAL BOATMASTERS' CERTIFICATES FOR THE CARRIAGE OF GOODS AND PASSENGERS BY INLAND WATERWAY REFERRED TO IN ARTICLE 1 OF THE DIRECTIVE
| GROUP A: | Boatmasters' certificates valid for the waterways of a maritime character listed in Annex II
|
| GROUP B: | Boatmasters' certificates valid for other inland waterways in the Community, with the exception of the Rhine, the Lek and the Waal
|
Textual Amendments
F2 Inserted by Council Directive 2006/103/EC of 20 November 2006 adapting certain Directives in the field of transport policy, by reason of the accession of Bulgaria and Romania.
F3 Inserted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).
F4 Substituted by Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (95/1/EC, Euratom, ECSC).
F5 Inserted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.
ANNEX IIU.K.LIST OF WATERWAYS OF A MARITIME CHARACTER REFERRED TO IN ARTICLE 2 OF THE DIRECTIVE
Kingdom of BelgiumU.K.
Maritime Scheldt.
Federal Republic of GermanyU.K.
Zone 1 and zone 2 of Annex I to Directive 82/714/EEC.
Kingdom of the NetherlandsU.K.
Dollard, Eems, Waddenzee, IJsselmeer, Eastern and Western Scheldt.
[F5Republic of Poland U.K.
Zone 1 and zone 2 of Annex II of Directive 82/714/EEC, except reservoir Włocławski and lakes Śniardwy, Niegocin and Mamry.]
[F3 [F4Republic of Finland U.K.
Saimaan kanava / Saima kanal , Saimaan vesistö / Saimens vattendrag .] ]
[F3 [F4Kingdom of Sweden U.K.
Trollhätte kanal and Göta älv, Lake Vänern, Lake Mälaren, Södertälje kanal, Falsterbo kanal, Sotenkanalen.] ]
[F2Romania U.K.
Danube: from Brăila (km 175) to the Black Sea on the Sulina branch.]
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