Commission Directive 2013/49/EU
of 11 October 2013
amending Annex II to Directive 2006/87/EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
After consulting the European Data Protection Supervisor,
Whereas:
Competent authorities need these data in particular to avoid assigning two ENIs for one vessel, whereas RIS authorities need the data for several RIS applications, such as keeping lock diaries and preparing lock statistics. The number of Inland AIS transponders is still quickly growing making an efficient data exchange essential for proper functioning of the traffic management. A central electronic register (hull data base) to which all authorities are connected is therefore necessary to create an efficient data exchange and to adapt the Annex to this Directive to technical progress.
At the same time, the number of the competent authorities that can issue Community inland navigation certificates has significantly increased. At present, 49 authorities from 9 Member States are using the database for identification of a vessel and assigning of ENI. These competent authorities need to obtain reliable information on the vessel and its certificate for preparation of technical inspections and for issuing, renewing or withdrawing these certificates. After the certificate has been issued, renewed or withdrawn all other competent authorities have to be informed. A lack or incorrect information might result in incomplete assessments by the competent authority, which might determine a safety risk and an incorrect application of the requirements set out in Directive 2006/87/EC.
The increased number of the competent EU authorities and the fact that not all Member States exchange their information about the issuance of ENI’s with other Member States has a negative impact on the effective exchange of information between them, which in turn affects the issuance of certificates pursuant to the requirements of Directive 2006/87/EC since it is possible that two certificates are issued based on the same ENI. This contrasts with the situation on the Rhine where there are only a few authorities issuing certificates and all Rhine authorities are engaged in active communication among themselves making the flow of information between them effective. An efficient data exchange based on the hull data base is therefore a necessary condition for guaranteeing an equivalent level of safety between the Community inland navigation certificate and the certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation.
Directive 2006/87/EC should therefore be amended accordingly.
HAS ADOPTED THIS DIRECTIVE: