Procedure : 2016/0050(COD)
Document stages in plenary
Document selected : A8-0338/2016

Texts tabled :

A8-0338/2016

Debates :

PV 13/11/2017 - 15
CRE 13/11/2017 - 15

Votes :

PV 14/11/2017 - 5.4
Explanations of votes

Texts adopted :

P8_TA(2017)0425

REPORT     ***I
PDF 992kWORD 139k
28.11.2016
PE 585.776v04-00 A8-0338/2016

on the proposal for a directive of the European Parliament and of the Council on the recognition of professional qualifications in inland navigation and repealing Council Directive 96/50/EC and Council Directive 91/672/EEC

(COM(2016)0082 – C8‑0061/2016 – 2016/0050(COD))

Committee on Transport and Tourism

Rapporteur: Gesine Meissner

Rapporteur for the opinion (*):Lynn Boylan, Committee on Employment and Social Affairs

(*) Associated committee – Rule 54 of the Rules of Procedure)

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Employment and Social Affairs (*)
 OPINION of the Committee on Legal Affairs
 PROCEDURE – COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council on the recognition of professional qualifications in inland navigation and repealing Council Directive 96/50/EC and Council Directive 91/672/EEC

(COM(2016)0082 – C8‑0061/2016 – 2016/0050(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2016)0082),

–  having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0061/2016),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 13 July 2016(1),

–  after consulting the Committee of Regions,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on Employment and Social Affairs and the Committee on Legal Affairs (A8-0338/2016),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a)  The Recommendation of the European Parliament and of the Council on the establishment of the European Qualifications Framework for lifelong learning1a defines the concepts “qualification”, “competence” and “skills” at Union level. Any new legislation setting out qualification standards should use those concepts as defined in that Recommendation.

 

______________

 

1a The Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (OJ C 111, 6.5.2008, p. 1).

Amendment    2

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5)  To facilitate mobility, to ensure the safety of navigation and the protection of human life, it is essential for deck crew members, persons in charge of emergency situations on board passenger vessels and persons involved in the bunkering of liquefied natural gas-fuelled vessels to hold certificates of qualification proving their qualifications. For efficient enforcement, they should carry such certificates while exercising their occupation.

(5)  To facilitate mobility, to ensure the safety of navigation and the protection of human life and the environment, it is essential for deck crew members, and especially persons in charge of emergency situations on board passenger vessels and persons involved in the bunkering of liquefied natural gas-fuelled vessels, to hold certificates of qualification proving their qualifications. For efficient enforcement, they should carry such certificates while exercising their occupation.

Amendment    3

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7)  For ensuring safety of navigation, Member States should identify waterways with a maritime character, in accordance with harmonised criteria. The competence requirements for navigating on these waterways should be defined at Union level. Without unnecessarily limiting the mobility of boatmasters, when necessary for ensuring safety of navigation, Member States should also have the possibility to identify the waterways entailing specific risks for navigation in accordance with harmonised criteria and procedures, pursuant to this Directive. In such a case, the related competence requirements should be set at Member State level.

(7)  For ensuring safety of navigation, Member States should identify waterways with a maritime character, in accordance with harmonised criteria and on the basis of existing Union law, such as Directive (EU) 2016/16291a. The competence requirements for navigating on these waterways should be defined at Union level. Without unnecessarily limiting the mobility of boatmasters, when necessary for ensuring safety of navigation, Member States, where relevant in cooperation with the relevant European River Commission, should also have the possibility to identify the waterways entailing specific risks for navigation in accordance with harmonised criteria and procedures, pursuant to this Directive. In such a case, the related competence requirements should be set at Member State level.

 

__________________

 

1aDirective (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 (OJ L252, 16.9.2016, p. 118‑176).

Amendment    4

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8)  For reasons of cost-effectiveness, holding Union certificates of qualification should not be made compulsory on national inland waterways not linked to the navigable network of another Member State.

(8)  For reasons of cost-effectiveness, holding Union certificates of qualification should not be made compulsory on national inland waterways that are not linked to a navigable inland waterway of another Member State.

Amendment    5

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9)  With a view to contributing to the mobility of persons involved in the operation of vessels across the Union and considering that all certificates of qualification, service record books and logbooks issued in accordance with this Directive should comply with minimum standards, Member States should recognise the professional qualifications certified in accordance with this Directive. Consequently the holders of such qualifications should be able to exercise their profession on all Union inland waterways.

(9)  With a view to contributing to the mobility of persons involved in the operation of vessels across the Union and considering that all certificates of qualification, service record books and logbooks issued in accordance with this Directive should comply with required minimum standards in accordance with harmonised criteria, Member States should recognise the professional qualifications certified in accordance with this Directive. Consequently the holders of such qualifications should be able to exercise their profession on all Union inland waterways.

Amendment    6

Proposal for a directive

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9a)  With a view to encouraging mobility and ensuring the attractiveness of the profession of boatman and other deck crew members, Member States should ensure that fair working conditions apply to all forms of employment, guaranteeing workers a set of rights, such as: the right to equal treatment, the right to social protection, the right to report abuses, and the right to health and safety protection and provisions for working time and rest time. It is important that the sector is able to provide programmes focused both on retaining the people aged over fifty and on improving the skills and employability of youngsters.

Amendment    7

Proposal for a directive

Recital 9 b (new)

Text proposed by the Commission

Amendment

 

(9b)  The Commission should ensure a level playing field for all crew members working on or engaged in exclusive and regular trade in the Union, and should stop any downward spiral in salaries and discriminatory practices on grounds of nationality, place of residence or flag of registration.

Amendment    8

Proposal for a directive

Recital 10 a (new)

Text proposed by the Commission

Amendment

 

(10a)  When employing in the Union deck crew members holding certificates of qualification, record books and logbooks issued in third countries which have been recognised by the responsible authorities in the Union, employers should apply social and labour law of the Member State where the activity is carried out.

Amendment    9

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission

Amendment

 

(12a)  The Commission and Member States should encourage young people to seek a professional qualification in inland navigation and set up specific measures to support social partners’ activities in this regard.

Amendment    10

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16)  To further facilitate mobility for boatmasters, all Member States should be allowed, where practicable, to assess the necessary competence for addressing specific risks for navigation for all inland waterway stretches in the Union where such risks are identified.

(16)  To further facilitate mobility for boatmasters, all Member States should, subject to the consent of the Member State where a stretch with specific risks is located, be allowed to assess the competences necessary for navigating on this stretch with specific risks.

Amendment    11

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19)  To contribute to an efficient administration with respect to the issuing, renewing and withdrawing certificates of qualification, Member States should designate the competent authorities for implementing this Directive and set up registers for recording data on Union certificates of qualification, service record books and logbooks. In order to facilitate the exchange of information between Member States and with the Commission for the purpose of implementation, enforcement and evaluation of the Directive as well as for statistical purposes, for maintaining safety and for ease of navigation, Member States should report such information, including data on the certificates of qualifications, service record books and logbooks, in a database kept by the Commission.

(19)  To contribute to an efficient administration with respect to the issuing, renewing and withdrawing certificates of qualification, Member States should designate the competent authorities for implementing this Directive and set up registers for recording data on Union certificates of qualification, service record books and logbooks. In order to facilitate the exchange of information between Member States and with the Commission for the purpose of implementation, enforcement and evaluation of the Directive as well as for statistical purposes, for maintaining safety and for ease of navigation, Member States should report such information, including data on the certificates of qualifications, service record books and logbooks, in a database kept by the Commission. In keeping that database, the Commission should duly respect the principles of personal data protection.

Amendment    12

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(20)  Authorities, including in third countries, issuing certificates of qualifications, service record books and logbooks in accordance with rules that are identical to those of this Directive are processing personal data. For the purpose of evaluation of the Directive, for statistical purposes, for maintaining safety, for ease of navigation and in order to facilitate the exchange of information between the authorities involved in the implementation and enforcement of this Directive, these authorities and, where relevant, international organisations that established these identical rules, should also have access to the database kept by the Commission. This access should however be subject to adequate level of data protection, including of personal data.

(20)  Authorities, including in third countries, issuing certificates of qualifications, service record books and logbooks in accordance with rules that are identical to those of this Directive are processing personal data. For the purpose of evaluation of the Directive, for statistical purposes, for maintaining safety, for ease of navigation and in order to facilitate the exchange of information between the authorities involved in the implementation and enforcement of this Directive, these authorities and, where necessary, international organisations that established these identical rules, should also have access to the database kept by the Commission. This access should however be subject to a high level of data protection, especially in the case of personal data.

Amendment    13

Proposal for a directive

Recital 20 a (new)

Text proposed by the Commission

Amendment

 

(20 a)  Council Directive 2014/112/EU1a and this Directive need to be complemented by Union legislation on both the introduction of electronic tools and on the redesign of crewing requirements in order to ensure a level playing field for the Union inland waterway labour market covering working and resting time, professional qualifications and crewing requirements.

 

__________________

 

1a Council Directive 2014/112/EU of 19 December 2014 implementing the European Agreement concerning certain aspects of the organisation of working time in inland waterway transport, concluded by the European Barge Union (EBU), the European Skippers Organisation (ESO) and the European Transport Workers’ Federation (ETF) (OJ L 367, 23.12.2014, p. 86).

Amendment    14

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(21)  With a view to further reducing administrative burden whilst rendering the documents less prone to tampering, the Commission should as a second step, after the adoption of this Directive, examine the possibility of introducing an electronic version of service record books and logbooks, as well as electronic professional cards incorporating Union certificates of qualifications. In doing so, the Commission should take existing technologies in other modes of transport into account, in particular road transport. After conducting an impact assessment including of cost-benefit and of the impacts on the fundamental rights, in particular in relation to the protection of personal data, the Commission should present, if appropriate, a proposal to the European Parliament and the Council.

(21)  With a view to further reducing the administrative burden whilst rendering the documents less prone to being tampered with, the Commission should, without delay after the adoption of this Directive, adopt a suitable legal framework for replacing the paper version of Union certificates of qualification, service record books and logbooks, by new electronic tools, such as electronic professional cards and electronic vessel units. In doing so, the Commission should take into account existing technologies in other modes of transport, in particular road transport. It should also take into account usability and accessibility in accordance with the United Nations Convention on the Rights of Persons with Disabilities. After conducting an impact assessment including of cost-benefit and of the impacts on the fundamental rights, in particular in relation to the protection of personal data, the Commission should present, if appropriate, a proposal to the European Parliament and the Council for those initiatives. It is also necessary for tamper-proof equipment to be provided for the electronic recording of working hours and duties performed by all crew members.

Amendment    15

Proposal for a directive

Recital 21 a (new)

Text proposed by the Commission

Amendment

 

(21a)  In addition, existing crewing requirements should be modernised in order to arrive at a harmonised, transparent, flexible and sustainable crewing system in the Union. The Commission should therefore, after the adoption of this Directive, present, if appropriate, a proposal to the European Parliament and to the Council for establishing a Union legal framework for a transparent, flexible and sustainable crewing system. This should be done, after conducting an impact assessment which should take into account technological and non-technological changes that have an impact on workload on board vessels.

Amendment    16

Proposal for a directive

Recital 24

Text proposed by the Commission

Amendment

(24)  In order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between Member States and the implementation, monitoring and evaluation of this Directive by the Commission, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission as regards the setting of standards of competence, standards for medical fitness, standards for practical examinations, standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the Commission to host a copy of key data related to Union certificates of qualifications, service record books, logbooks and recognised documents. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(24)  In order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between Member States and the implementation, monitoring and evaluation of this Directive by the Commission, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission as regards the setting of standards of competence, standards for medical fitness, standards for practical examinations, standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the Commission to host a copy of key data related to Union certificates of qualifications, service record books, logbooks and recognised documents. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. For reason of efficiency, the Commission should have the possibility to designate a body, such as CESNI, for the purpose of receiving notifications and publishing information related for example, to the list of competent authorities and approved training programmes considering the recurrent character of these tasks.

 

_____________

 

1a OJ L 123, 12.5.2016, p. 1.

Amendment    17

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(26)  The CESNI which is open to experts from all Member States, draws up standards in the field of inland navigation, including for professional qualifications. The Commission may take into account such standards when empowered to adopt acts in conformity with this Directive.

(26)  The CESNI which is open to experts from all Member States, draws up standards in the field of inland navigation, including for professional qualifications. European River Commissions, relevant international organisations, social partners and professional associations should be fully involved in the design and drawing up of CESNI standards. Where the conditions laid down in this Directive are met, the Commission should refer to CESNI standards when adopting implementing and delegated acts in accordance with this Directive.

Amendment    18

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

(27)  Since the objective of this Directive, namely establishing a common framework on the recognition of professional qualifications in inland navigation, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(27)  Since the objective of this Directive, namely establishing a common framework on the recognition of minimum professional qualifications in inland navigation, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

Amendment    19

Proposal for a directive

Recital 27 a (new)

Text proposed by the Commission

Amendment

 

(27a)  A system of recognition of professional qualifications might be the first step towards enhancing mobility in this sector. In the medium-term, it is expected that a system of comparable vocational and professional training in the Member States would ease the mobility and would guarantee safety.

Amendment    20

Proposal for a directive

Recital 27 b (new)

Text proposed by the Commission

Amendment

 

(27b)  In order to improve gender balance in the inland waterway sector, access by women to the profession should be promoted. As in other professional sectors gender-based hostility and discrimination should be combatted. Widening the basis on which access is available to inland waterway professions should also be an asset in the struggle to solve staffing shortages in the sector.

Amendment    21

Proposal for a directive

Article 2 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  vessels where the length (L), breadth (B) and draught (T) is a volume of 100 cubic 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;

Amendment    22

Proposal for a directive

Article 2 – paragraph 2 – point -a (new)

Text proposed by the Commission

Amendment

 

(-a)   crafts used by armed forces, forces maintaining public order, civil defence services, waterway administrations, fire services and other emergency services;

Amendment    23

Proposal for a directive

Article 2 – paragraph 2 – point -aa (new)

Text proposed by the Commission

Amendment

 

(-aa)   craft navigating seasonally within a Member State on isolated lakes not connected to a navigable inland waterway of another Member State;

Amendment    24

Proposal for a directive

Article 3 – paragraph 1 – point 1

Text proposed by the Commission

Amendment

(1)  ‘inland waterway’ means a stretch of water not part of the sea, open to navigation;

(1)  'inland waterway' means the inland waterways referred to in Article 4 of Directive (EU) 2016/1629 of the European Parliament and of the Council1a.

 

__________________

 

1a 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 (OJ L 252, 16.9.2016, p. 118).

Amendment    25

Proposal for a directive

Article 3 – paragraph 1 – point 2 a (new)

Text proposed by the Commission

Amendment

 

(2a)  'tug' means a vessel specially built to perform towing operations;

Amendment    26

Proposal for a directive

Article 3 – paragraph 1 – point 2 b (new)

Text proposed by the Commission

Amendment

 

(2b)  'pusher' means a vessel specially built to propel a pushed convoy;

Amendment    27

Proposal for a directive

Article 3 – paragraph 1 – point 2 c (new)

Text proposed by the Commission

Amendment

 

(2c)  'floating equipment' means a floating installation carrying working gear such as cranes, dredging equipment, pile drivers or elevators;

Amendment    28

Proposal for a directive

Article 3 – paragraph 1 – point 6

 

Text proposed by the Commission

Amendment

(6)  ‘deck crew members’ means persons involved in the operation of a vessel navigating on Union inland waterways carrying out tasks related to navigation, cargo handling, stowage, maintenance or repair, with the exception of persons solely assigned to the operation of the engines, electrical and electronic equipment;

(6)   ‘deck crew members’ means persons involved in the operation of a vessel navigating on Union inland waterways carrying out tasks related to navigation, controlling the operation of the vessel, marine engineering, communication, safety, health and environmental protection, cargo and passenger handling, stowage, maintenance or repair, with the exception of persons solely assigned to the operation of the engines, electrical and electronic equipment;

Amendment    29

Proposal for a directive

Article 3 – paragraph 1 – point 7

 

Text proposed by the Commission

Amendment

(7)  ‘passenger navigation expert’ means a person competent to take measures in emergency situations on board passenger vessels;

(7)  ‘passenger navigation expert’ means a person serving on board the vessel who is competent to take measures in emergency situations on board passenger vessels;

Amendment    30

Proposal for a directive

Article 3 – paragraph 1 – point 8

Text proposed by the Commission

Amendment

(8)  ‘boatmaster’ means a deck crew member qualified to sail a vessel on the Member States’ inland waterways and who has nautical responsibility for the vessel;

(8)  ‘boatmaster’ means a deck crew member qualified to sail a vessel on the Member States’ inland waterways and who has full responsibility for the vessel, the crew and the cargo;

Amendment    31

Proposal for a directive

Article 3 – paragraph 1 – point 12

Text proposed by the Commission

Amendment

(12)  ‘large convoy’ means a pushed convoy composed of the pusher and seven or more barges;

(12)  ‘large convoy’ means a pushed convoy for which the product of the total length and the total width is 6000 square metres or more;

Amendment    32

Proposal for a directive

Article 3 – paragraph 1 – point 14

Text proposed by the Commission

Amendment

14)  ‘logbook’ means an official record of the journeys made by a vessel;

14)  ‘logbook’ means an official record of the journeys made by a vessel and its crew;

Amendment    33

Proposal for a directive

Article 3 – paragraph 1 – point 15

Text proposed by the Commission

Amendment

(15)  ‘navigation time’ means the time that deck crew members spent aboard during a journey performed by a vessel on inland waterways and validated by the competent authority;

(15)  ‘navigation time’ means the time, measured in days, that deck crew members spent aboard during a journey performed by a vessel on inland waterways and validated by the competent authority, and includes time spent in a port or terminal for loading or unloading operations;

Amendment    34

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2.  A Member State may exempt all deck crew members or groups of crew members having a specific qualification operating exclusively on national inland waterways not linked to the navigable network of another Member State from the obligation set out in paragraph 1. That Member State may issue national certificates of qualification for desk crew members under conditions that differ from the general conditions set out in this Directive. The validity of those national certificates of qualification shall be limited to those national inland waterways which are not linked to the navigable network of another Member State.

deleted

Amendment    35

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2.  A Member State may exempt all persons referred to in paragraph 1, or groups of such persons having a specific qualification, operating exclusively on national inland waterways not linked to the navigable network of another Member State from the obligation set out in paragraph 1. That Member State may issue national certificates of qualification which may be obtained under conditions that differ from the general conditions set out in this Directive. The validity of those national certificates of qualification shall be limited to those national inland waterways which are not linked to the navigable network of another Member State.

deleted

Amendment    36

Proposal for a directive

Article 6 a (new)

Text proposed by the Commission

Amendment

 

Article 6 a

 

Exemptions related to national inland waterways not linked to a navigable inland waterway of another Member State

 

1.   A Member State may exempt the persons referred to in Article 4(1), Article 5(1) and Article 6 operating exclusively on national inland waterways not linked to a navigable inland waterway of another Member State, including those inland waterways classified as having a maritime character, from the obligations set out respectively in those Articles.

 

2.   A Member State that grants exemptions in accordance with paragraph 1 may issue certificates of qualification to the persons referred to in paragraph 1 under conditions that differ from the general conditions set out in this Directive provided that such certificates ensure an adequate level of safety. The validity of such national certificates of qualification shall be limited to those national inland waterways which are not linked to a navigable inland waterway of another Member State. The recognition of those certificates in other Member States shall be subject to this Directive.

 

3.  Member States shall inform the Commission of the exemptions applied in accordance with paragraph 1. The Commission shall make the information on those exemptions publicly available.

Amendment    37

Proposal for a directive

Article 8 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  When necessary for ensuring safety of navigation, Member States may identify stretches of inland waterways with specific risks, except for inland waterways of a maritime character referred to in Article 7, where such risks are due to:

1.  When necessary for ensuring safety of navigation, Member States may identify stretches of inland waterways with specific risks, taking into account, where appropriate, the advice of the relevant European River Commission, and, with the exception of inland waterways, with a maritime character referred to in Article 7, where such risks are due to:

Amendment    38

Proposal for a directive

Article 8 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c)  the presence of a specific local traffic regulation not part of the European Code for Navigation on Inland Waterways justified by specific hydro-morphological features.

(c)  the presence of a specific local traffic regulation not based on the European Code for Navigation on Inland Waterways justified by specific hydro-morphological features.

Amendment    39

Proposal for a directive

Article 8 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca)  a high frequency of accidents at a specific location on the river.

Amendment    40

Proposal for a directive

Article 8 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

Member States may only use one or more of the situations mentioned in paragraph 1 in order to define stretches of inland waterways with specific risks.

Amendment    41

Proposal for a directive

Article 8 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall notify the Commission of the measures they intend to adopt pursuant to paragraph 1 of this Article and Article 18, together with the reasoning on which the measure is based.

Member States shall notify the Commission of the measures they intend to adopt pursuant to paragraph 1 of this Article and Article 18, together with the reasoning on which the measure is based at least eight months before the envisaged date of adoption.

Amendment    42

Proposal for a directive

Article 8 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

The Member State shall not adopt the measure for six months from the date of notification.

deleted

Amendment    43

Proposal for a directive

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3.  Within a period of six months from the notification, the Commission shall issue an implementing decision approving the proposed measures if they are in accordance with this Article and with Article 18, or, if it is not the case, requiring the Member State to amend or not adopt the proposed measure.

3.  Within a period of six months from the notification, the Commission shall adopt an implementing act approving the proposed measures if they are in accordance with this Article and with Article 18, or, if it is not the case, requiring the Member State to amend or not adopt the proposed measure. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

 

If the Commission does not react within eight months from the notification, the Member State shall be entitled to adopt the measures intended pursuant to paragraph 1 of this Article and Article 18.

Amendment    44

Proposal for a directive

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1.  Any Union certificate of qualification referred to in Articles 4 and 5, as well as service record books and logbooks referred to in Article 16 issued by the competent authorities in accordance with this Directive, shall be valid on all Union inland waterways.

1.  Any Union certificate of qualification referred to in Articles 4 and 5, as well as service record books and logbooks referred to in Article 20 issued by the competent authorities in accordance with this Directive, shall be valid on all Union inland waterways.

Amendment    45

Proposal for a directive

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

3.  Without prejudice to paragraph 2, any certificate of qualification, service record book or logbook issued in accordance with national rules of a third country stipulating requirements that are identical to those laid down pursuant to this Directive shall be valid on all Union inland waterways, subject to the procedure and the conditions set out in paragraphs 4 and 5 of this Article.

3.  Without prejudice to paragraph 2, certificates of qualification, service record books or logbooks issued in accordance with the national rules of a third country that is linked to a navigable inland waterway of a Member State stipulating requirements that are identical to those laid down pursuant to this Directive shall be valid on all Union inland waterways, subject to the procedure and the conditions set out in paragraphs 4 and 5 of this Article.

Amendment    46

Proposal for a directive

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4.  Any third country may submit to the Commission a request for recognition of certificates, service record books or logbooks issued by its authorities. The request shall be accompanied by all information necessary for determining that the issuing of these documents is subject to requirements identical to those laid down pursuant to this Directive.

4.  Any third country that is linked to a navigable inland waterway of a Member State may submit to the Commission a request for recognition of certificates, service record books or logbooks issued by its authorities. The request shall be accompanied by all information necessary for determining that the issuing of these documents is subject to requirements identical to those laid down pursuant to this Directive.

Amendment    47

Proposal for a directive

Article 9 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

If this requirement is met, the Commission shall adopt an implementing act on the recognition in the Union of the certificates, record books or logbooks issued by that third country, subject to that third country recognising within its jurisdiction Union documents issued pursuant to the present Directive.

If this requirement is met, the Commission shall adopt implementing acts on the recognition in the Union of the certificates, record books or logbooks issued by that third country, subject to that third country recognising within its jurisdiction Union documents issued pursuant to the present Directive and undertaking to present evidence every five years that its national rules are consistent with the provisions of this Directive. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

Amendment    48

Proposal for a directive

Article 9 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a.  When a Member State considers that a third country no longer complies with the requirements of this Article, it shall notify the Commission immediately, giving substantiated reasons for its contention.

Amendment    49

Proposal for a directive

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3.  The Commission shall adopt implementing acts establishing models for Union certificates of qualification. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2). When adopting those acts the Commission may make a reference to standards established by an international body.

3.  The Commission shall adopt implementing acts establishing models for Union certificates of qualification. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

Amendment    50

Proposal for a directive

Article 10 – paragraph 5

Text proposed by the Commission

Amendment

5.  Without prejudice to the limitation referred to in paragraph 4, Union certificates of qualification for boatmasters shall be valid up to a maximum of 10 years.

5.  Without prejudice to the limitation referred to in paragraph 4, Union certificates of qualification for boatmasters and Union certificates of qualification for specific operations shall be valid up to a maximum of 10 years.

Amendment    51

Proposal for a directive

Article 10 – paragraph 6

Text proposed by the Commission

Amendment

6.  Union certificates of qualification for specific operations shall be valid up to a maximum of five years.

deleted

Amendment    52

Proposal for a directive

Article 11 – title

Text proposed by the Commission

Amendment

Issuing specific authorisations for boatmasters

Issuing and validity of specific authorisations for boatmasters

Amendment    53

Proposal for a directive

Article 11 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2.  For specific authorisations for sailing on inland waterways stretches with specific risks required pursuant to Article 6(b), applicants shall provide satisfactory documentary evidence to the competent authorities of the Member States referred to in Article 18(2):

2.  For specific authorisations for sailing on inland waterways stretches with specific risks required pursuant to Article 6(b), applicants shall provide satisfactory documentary evidence to the competent authorities of the Member States referred to in Article 18(3):

Amendment    54

Proposal for a directive

Article 12 – title

Text proposed by the Commission

Amendment

Renewal of Union certificates of qualification

Renewal of Union certificates of qualification and of specific authorisations for boatmasters

Amendment    55

Proposal for a directive

Article 12 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Upon expiry of the validity of a Union certificate of qualification, Member States shall, upon request, renew the certificate provided that:

Upon expiry of the validity of a Union certificate of qualification, Member States shall, upon request, renew the certificate and, where relevant, the specific authorisations included therein, provided that:

Amendment    56

Proposal for a directive

Article 12 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  for Union certificate of qualification for crew members, satisfactory documentary evidence referred to in Article 10(1)(a) and (c) is submitted;

(a)  for Union certificates of qualification for deck crew members and specific authorisations other than the one referred to in Article 6(d), satisfactory documentary evidence referred to in Article 10(1)(a) and (c) is submitted;

Amendment    57

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

When there are indications that the requirements for certificates of qualifications or specific authorisations are no longer met, the Member States shall undertake all necessary assessments and, where appropriate, withdraw those certificates.

When there are indications that the requirements for certificates of qualifications or specific authorisations are no longer met, the Member States shall undertake all necessary assessments and, where appropriate, withdraw those certificates. The validity of a Union certificate of qualification may be temporarily suspended by any Member State where that Member State considers such suspension necessary for reasons of safety or public order. Member States shall without undue delay record suspensions and withdrawals in the database referred to in Article 23(2).

Amendment    58

Proposal for a directive

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 29 to lay down the standards for competences and corresponding knowledge and skills in compliance with the essential requirements set out in Annex II.

1.  The Commission shall adopt delegated acts in accordance with Article 29 to supplement this Directive by laying down the standards for competences and corresponding knowledge and skills in compliance with the essential requirements set out in Annex II.

Amendment    59

Proposal for a directive

Article 15 – paragraph 3 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca)  a certificate of qualification for navigational safety experts on passenger vessels.

Amendment    60

Proposal for a directive

Article 15 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

To obtain documents referred to under points (a) and (b), practical examinations may take place on board a vessel or on a simulator compliant with Article 19. For point (c), practical examinations may take place on board a vessel or an appropriate shore installation.

To obtain documents referred to under points (a) and (b), practical examinations may take place on board a vessel or on a simulator compliant with Article 19. For point (c), practical examinations may take place on board a vessel, on a simulator that complies with the requirements of Article 19 or at an appropriate shore installation.

Amendment    61

Proposal for a directive

Article 15 – paragraph 4

Text proposed by the Commission

Amendment

4.  The Commission shall be empowered to adopt delegated acts in accordance with Article 29 to lay down standards for practical examinations referred to in paragraph 3 specifying the specific competences and the conditions to be tested during the practical examinations, as well as the minimum requirements for the vessels on which a practical examination may be taken.

4.  The Commission shall adopt delegated acts in accordance with Article 29 to supplement this Directive by laying down standards for practical examinations referred to in paragraph 3 specifying the specific competences and the conditions to be tested during the practical examinations, as well as the minimum requirements for the vessels on which a practical examination may be taken.

Amendment    62

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall ensure that examinations referred to in Article 15(2)(a) are organised under their responsibility. They shall ensure that those examinations are conducted by examiners qualified to assess the competences and the corresponding knowledge and skills referred to in Article 15(1).

Member States shall ensure that examinations referred to in Article 15(2)(a) are organised under their responsibility. They shall ensure that those examinations are conducted by examiners qualified to assess the competences and the corresponding knowledge and skills referred to in Article 15(1). Examiners shall not have a conflict of interest.

Amendment    63

Proposal for a directive

Article 16 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.   Member States shall issue a practical examination certificate to applicants who have passed the practical examination referred to in Article 15(3).

Amendment    64

Proposal for a directive

Article 16 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

 

1b.   The Commission shall adopt implementing acts establishing models for practical examination certificates. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

Amendment    65

Proposal for a directive

Article 16 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

 

1c.   Member States shall recognise, without further requirements or assessments, practical examination certificates issued by competent authorities in other Member States.

Amendment    66

Proposal for a directive

Article 17 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Training programmes leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in Article 15(1) shall be approved by the competent authorities of the Member States in whose territory the relevant education or training institute is established.

1.  Training programmes leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in Article 15(1) shall be approved by the competent authorities of the Member States with navigable waterways in whose territory the competent institute provides education or training, provided that the educational programme is an integral part of the Member State's training system. Member States may approve training programmes at national level on condition that such programmes meet the common criteria defined by CESNI in the Quality Assessment and Assurance System (QAAS).

 

The Commission is empowered to adopt delegated acts in accordance with Article 29 in order to supplement this Directive by laying down common criteria for such programmes based on the common criteria defined by CESNI in the QAAS.

Amendment    67

Proposal for a directive

Article 17 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c)  an examination verifying compliance with the standards of competence referred to in Article 15(1) is carried out by qualified examiners.

(c)  an examination verifying compliance with the standards of competence referred to in Article 15(1) is carried out by qualified independent examiners, free from conflicts of interests.

Amendment    68

Proposal for a directive

Article 17 – paragraph 2 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

Examiners who have been involved in the training of the applicant shall only be considered to be a qualified examiner for the purposes of point (c) of the first subparagraph if accompanied by at least one additional examiner who has not been involved in the applicant's training.

Amendment    69

Proposal for a directive

Article 17 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  Member States shall recognise the diplomas or certificates awarded following the completion of training programmes approved by other Member States in accordance with paragraph 1.

Amendment    70

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The Member States that identify inland waterways stretches with specific risks in the meaning of Article 8(1), shall define the additional competence required from boatmasters navigating on these stretches and the means to prove that such requirements are met.

The Member States that identify inland waterways stretches which run through their own territories with specific risks within the meaning of Article 8(1) shall specify, where appropriate in cooperation with the relevant European River Commission, the additional competence required from boatmasters navigating on these stretches and the means necessary to prove that such requirements are met.

Amendment    71

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Those means may consist of a limited number of journeys to be carried out on the stretch concerned, a simulator examination, a multiple choice examination or a combination thereof.

Taking into account the competences required for the specific risk, those means may consist of a limited number of journeys to be carried out on the stretch concerned, a simulator examination where available, a multiple choice examination or a combination thereof. For stretches with specific risks within the meaning of points (a), (b) and d) of Article 8(1), it shall be compulsory for a limited number of journeys to be carried out on the stretch concerned.

Amendment    72

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

When applying this paragraph, the Member States shall apply objective, transparent, non-discriminatory and proportionate criteria.

When applying this paragraph, the Member States shall apply objective, transparent, non-discriminatory and proportionate criteria and shall document the navigation safety history of the stretch concerned.

Amendment    73

Proposal for a directive

Article 18 – paragraph 3

Text proposed by the Commission

Amendment

3.  Any Member State may carry out assessments of applicants’ competence for specific risks for stretches located in another Member State based on the requirements established in accordance with paragraph 1. Upon request and in case of examination by means of multiple choice exams or simulators, Member States referred to in paragraph 1 shall provide other Member States with the available tools allowing them to carry out that assessment.

3.  A Member State may carry out assessments of applicants’ competence for specific risks for stretches located in another Member State based on the requirements established in accordance with paragraph 1 and with the consent of the Member State concerned. Upon request and in case of examination by means of multiple choice exams or simulators, Member States referred to in paragraph 1 shall provide the Member State carrying out the assessment with the available tools to enable it to carry out that assessment.

Amendment    74

Proposal for a directive

Article 19 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Simulators used for the assessment of competences shall be subject to an approval by Member States. That approval shall be issued upon request when it is demonstrated that the device complies with the standards for simulators established by delegated acts referred to in paragraph 2. The approval shall specify which particular assessment of competence is authorised as regards the simulator.

1.  Simulators used for training shall be of a comparable standard to those used for the assessment of competences. Both shall be subject to an approval by Member States. That approval shall be issued upon request when it is demonstrated that the device complies with the standards for simulators established by delegated acts referred to in paragraph 2. The approval shall specify which particular assessment of competence is authorised as regards the simulator.

Amendment    75

Proposal for a directive

Article 19 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 29 to lay down standards for the approval of simulators, specifying the minimum functional and technical requirements and administrative procedures in this regard, with the objective of ensuring that the simulators used for an assessment of competences are designed in such a way as to allow for the verification of the competences as prescribed under the standards for practical examinations referred to in Article 15(3).

2.  The Commission shall adopt delegated acts in accordance with Article 29 to supplement this Directive by laying down standards for the approval of simulators, specifying the minimum functional and technical requirements and administrative procedures in this regard, with the objective of ensuring that the simulators used for an assessment of competences are designed in such a way as to allow for the verification of the competences as prescribed under the standards for practical examinations referred to in Article 15(3).

Amendment    76

Proposal for a directive

Article 19 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a.   Member States shall ensure that, as far as possible, nationals of other Member States are guaranteed access to simulators.

Amendment    77

Proposal for a directive

Article 20 – paragraph 4 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission shall adopt implementing acts establishing models for service record books and logbooks. Those implementing acts shall be adopted in accordance with the advisory procedure pursuant to Article 30(2), taking into account the information required for the implementation of this Directive as regards the identification of the person, their navigation time and the journeys carried out. When adopting those models, the Commission shall take into consideration that the logbook is also used for the implementation of Council Directive 2014/112/EU19 for verifying manning requirements and recording journeys of the vessels and may make a reference to standards established by an international body.

The Commission shall adopt implementing acts establishing models for service record books and logbooks. Those implementing acts shall be adopted in accordance with the advisory procedure pursuant to Article 30(2), taking into account the information required for the implementation of this Directive as regards the identification of the person, their navigation time and the journeys carried out. When adopting those models, the Commission shall take into consideration that the logbook is also used for the implementation of Council Directive 2014/112/EU19 for verifying manning requirements and recording journeys of the craft.

__________________

__________________

19 Council Directive 2014/112/EU of 19 December 2014 implementing the European Agreement concerning certain aspects of the organisation of working time in inland waterway transport, concluded by the European Barge Union (EBU), the European Skippers Organisation (ESO) and the European Transport Workers’ Federation (ETF) (OJ L 367, 23.12.2014, p. 86).

19 Council Directive 2014/112/EU of 19 December 2014 implementing the European Agreement concerning certain aspects of the organisation of working time in inland waterway transport, concluded by the European Barge Union (EBU), the European Skippers Organisation (ESO) and the European Transport Workers’ Federation (ETF) (OJ L 367, 23.12.2014, p. 86).

Amendment    78

Proposal for a directive

Article 20 – paragraph 4 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

The Commission shall, if appropriate, submit a proposal to the European Parliament and to the Council for the introduction of tamper-proof electronic service record books, logbooks and professional cards incorporating Union certificates of qualification and to provide for tamper-proof and easy verification procedures regarding work and rest times of all crew members.

Amendment    79

Proposal for a directive

Article 21 – paragraph 6

Text proposed by the Commission

Amendment

6.  The Commission shall be empowered to adopt delegated acts in accordance with Article 29 and on the basis of the essential requirements for medical fitness referred to in Annex III to lay down the standards for medical fitness specifying the requirements with regards to medical fitness, in particular with regard to the tests that medical practitioners must carry out, the criteria they must apply to determine fitness for work and the list of restrictions and mitigation measures.

6.  The Commission shall adopt delegated acts in accordance with Article 29 and on the basis of the essential requirements for medical fitness referred to in Annex III to supplement this Directive by laying down the standards for medical fitness specifying the requirements with regards to medical fitness, in particular with regard to the tests that medical practitioners must carry out, the criteria they must apply to determine fitness for work and the list of restrictions and mitigation measures.

Amendment    80

Proposal for a directive

Article 22 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3.  Personal data may be processed only for the purposes of:

3.  Personal data may be processed only in accordance with the principles of personal data protection laid down in Directive 95/46/EC of the European Parliament and of the Council1a and for the purposes of:

 

______________

 

1a Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11. 1995, p. 31).

Amendment    81

Proposal for a directive

Article 23 – paragraph 1 – subparagraph 5

Text proposed by the Commission

Amendment

To further facilitate the exchange of information between Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 29 to complement the information in the registers for service record books and logbooks with other information required by the models of service record books and logbooks adopted pursuant to Article 20(5).

To further facilitate the exchange of information between Member States, the Commission is empowered to adopt delegated acts in accordance with Article 29 to complement the information in the registers for service record books and logbooks with other information required by the models of service record books and logbooks adopted pursuant to Article 20(5).

Amendment    82

Proposal for a directive

Article 23 – paragraph 2 – subparagraph 2 – introductory part

Text proposed by the Commission

Amendment

The Commission shall be empowered to adopt delegated acts in accordance with Article 29 concerning the standards laying down the characteristics and conditions of use of this database, in particular to specify:

The Commission is empowered to adopt delegated acts in accordance with Article 29 concerning the standards laying down the characteristics and conditions of use of this database, in particular to specify:

Justification

EP standard formulation for delegated acts.

Amendment    83

Proposal for a directive

Article 26 – paragraph 1

Text proposed by the Commission

Amendment

1.  Member States shall ensure that the competence acquisition and assessment activities, and the administration of Union certificates of qualifications, services record books and logbooks, are evaluated at intervals of no more than five years by independent bodies.

1.  Member States shall ensure that the competence acquisition and assessment activities, and the administration of Union certificates of qualifications, services record books and logbooks, are evaluated at intervals of no more than six years by independent bodies.

Amendment    84

Proposal for a directive

Article 27 – paragraph 2

Text proposed by the Commission

Amendment

2.  Member States shall exchange information with the competent authorities of other Member States concerning the certification of persons involved in the operation of a vessel.

2.  Member States shall exchange information with the competent authorities of other Member States concerning the certification of persons involved in the operation of a vessel. In doing so, they shall comply fully with the principles of personal data protection laid down in Regulation (EU) 2016/679.

Amendment    85

Proposal for a directive

Article 29 – paragraph 2

Text proposed by the Commission

Amendment

2.  The delegation of power referred to in Articles 15(1) and (4), Articles 19, 21 and 23 (1) and (2) shall be conferred on the Commission for an indeterminate period of time from (*entry into force).

2.  The power to adopt delegated acts referred to in Article 15(1) and (4), Article 19 (2), Article 21(6) and Article 23(1) and (2) shall be conferred on the Commission for a period of five years from...[date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Amendment    86

Proposal for a directive

Article 29 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Amendment    87

Proposal for a directive

Article 29 – paragraph 6

Text proposed by the Commission

Amendment

6.  When exercising its power of delegation referred to in Article 15(1) and (4), Articles 19, 21 and Article 23(1) and (2) the Commission may adopt delegated acts which make a reference to standards established by an international body.

6.  When exercising its power of delegation referred to in Article 15(1) and (4), Article 17(1), Article 19(2), Article 21(6) and Article 23(1) and (2) the Commission shall adopt delegated acts supplementing this Directive which make reference to standards established by an international body, such as in particular CESNI, and which set the date of application thereof, provided that:

 

(a)   those standards are available and up-to-date;

 

(b)   they comply with the requirements set out in the Annexes, where relevant;

 

(c)   Union interests are not compromised by changes in the decision-making process of CESNI or of the relevant international body.

 

Where these conditions are not met, the Commission may provide or refer to other standards.

 

The Commission shall ensure that the standards are available in all the languages of the Institutions of the European Union.

Amendment    88

Proposal for a directive

Article 29 – paragraph 7

Text proposed by the Commission

Amendment

7.  The Commission may designate a body for the purpose of receiving notifications and for making available information to the public provided for in this Directive.

deleted

Amendment    89

Proposal for a directive

Article 30 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  When adopting the implementing acts referred to in Article 10(3), 16(1b), 20(4) the Commission shall make reference to standards established by an international body, such as in particular CESNI, and set the date of application, provided that:

 

(a)   those standards are available and up-to-date;

 

(b) they comply with the requirements set out in this Directive, where relevant;

 

(c)   Union interests are not compromised by changes in the decision-making process of CESNI or of the relevant international body.

 

Where those conditions are not met, the Commission may provide for or refer to other standards.

 

The Commission shall ensure that the models are available in all the languages of the Institutions of the European Union.

Amendment    90

Proposal for a directive

Article 31 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Commission shall evaluate this Directive together with the implementing and delegated acts referred to in Articles 8, 10, 20 and 29 and submit the results of the evaluation to the European Parliament and the Council no later than seven years after the date referred to in Article 33(1).

1.  The Commission shall evaluate this Directive together with the implementing and delegated acts referred to in Articles 8, 10, 16, 20 and 29 and submit the results of the evaluation to the European Parliament and the Council no later than eight years after the date referred to in Article 35(1).

Amendment    91

Proposal for a directive

Article 32 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  Within one year of the entry into force of this Directive, the Commission shall gradually adopt delegated acts setting up:

1.  Within two years of the entry into force of this Directive, the Commission shall gradually adopt delegated acts setting up:

Amendment    92

Proposal for a directive

Article 32 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d)  the models provided for in Articles 10 and 20;

deleted

Amendment    93

Proposal for a directive

Article 32 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e)  the standards for practical examinations provided for in Article 15(3);

(e)  the standards for practical examinations provided for in Article 15(4);

Amendment    94

Proposal for a directive

Article 32 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a.  By...[date two years after the entry into force of this Directive], the Commission shall adopt implementing acts setting up the models for the Union certificates of qualification, practical examination certificates as well as service record books and logbooks provided for in Articles 10(3), 16(1b) and 20(4). Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2).

Amendment    95

Proposal for a directive

Article 34 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  Boatmasters’ certificates issued in accordance with Directive 96/50/EC as well as Rhine navigation licences referred to in Article 1(5) of that Directive, issued prior to the date following the end of the transposition period referred to in Article 35 of this Directive, shall remain valid on the Union waterways where they were valid before this date for a maximum of 10 years after that date. Before the expiry of validity, the Member State that issued those documents shall issue a Union certificate of qualification to boatmasters holding such certificates in accordance with the model prescribed by this Directive or a certificate in application of Article 9(2) of this Directive, under the conditions that they provide satisfactory documentary evidence as referred to in Article 10(1)(a) and (c) of this Directive and:

1.  Boatmasters’ certificates issued in accordance with Directive 96/50/EC as well as Rhine navigation licences referred to in Article 1(5) of that Directive, issued prior to the date following the end of the transposition period referred to in Article 35 of this Directive, shall remain valid on the Union waterways where they were valid before this date for a maximum of 10 years after that date. Before the expiry of validity, the Member State that issued those documents shall issue a Union certificate of qualification to boatmasters holding such certificates in accordance with the model prescribed by this Directive or a certificate in application of Article 9(2) of this Directive, on condition that they provide satisfactory documentary evidence as referred to in Article 10(1)(a) and (c) of this Directive.

Amendment    96

Proposal for a directive

Article 34 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  that the legislation on the basis of which their certificate was issued requires a minimum of 720 days of navigation time as a condition for obtaining a boatmaster certificate valid on all Union waterways; or,

deleted

Amendment    97

Proposal for a directive

Article 34 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  where the legislation, on the basis of which their certificate was issued, requires less than 720 days of navigation time as a condition for obtaining a boatmaster certificate valid on all Union waterways, that the boatmaster provides proof, by means of a service record book, of navigation time equivalent to the difference between those 720 days and the experience required under the legislation on the basis of which the certificate was issued.

deleted

mendment    98

Proposal for a directive

Article 34 – paragraph 3

Text proposed by the Commission

Amendment

3.  Crew members other than boatmasters holding a certificate of qualification issued by a Member State prior to the date following the end of the transposition period referred to in Article 35 of this Directive or holding a qualification recognised in one or more Member States may still rely on that certificate or qualification for a maximum of 10 years after that date. During this period, crew members other than boatmasters may continue to rely on Directive 2005/36/EC for the recognition of their qualification by other Member States' authorities. Before the expiry of this period, they may apply for a Union certificate of qualification or a certificate in application of Article 9(2) to a competent authority issuing such certificates, on condition that they provide satisfactory evidence as referred to in Article 10(1) (a) and (c) of this Directive and provide proof, by means of a service record book, of the following navigation time:

3.  Crew members other than boatmasters holding a certificate of qualification issued by a Member State prior to the date following the end of the transposition period referred to in Article 35 of this Directive or holding a qualification recognised in one or more Member States may still rely on that certificate or qualification for a maximum of 10 years after that date. During this period, crew members other than boatmasters may continue to rely on Directive 2005/36/EC for the recognition of their qualification by other Member States' authorities. Before the expiry of this period, they may apply for a Union certificate of qualification or a certificate in application of Article 9(2) to a competent authority issuing such certificates, on condition that they provide satisfactory evidence as referred to in Article 10(1) (a) and (c) of this Directive and provide proof, by means of a service record book or logbook, or other proof, of the following navigation time:

Amendment    99

Proposal for a directive

Article 34 – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

The minimum duration of the navigation time as set in points (a), (b) and (c) of the first subparagraph of paragraph 3 may be reduced by a maximum of 360 days where the applicant has a diploma recognised by the competent authority which confirms specialised training in inland navigation comprising practical navigation work; the reduction may not be greater than the duration of the specialised training.

Amendment    100

Proposal for a directive

Article 35 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [3 years after the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [4 years after the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

Amendment    101

Proposal for a directive

Annex I – point 1 – point 1.1 – indent 1 a (new)

Text proposed by the Commission

Amendment

 

-  successfully complete a course offering a required level of basic safety training.

Amendment    102

Proposal for a directive

Annex I – point 1 – point 1.2 – indent 2 a (new)

Text proposed by the Commission

Amendment

 

  undertake duties only under the existing youth protection provisions of the Member State in which the trainee is present at the time, unless the substantive law governing the training contract provides for a higher level of protection;

Amendment    103

Proposal for a directive

Annex I – point 1 – point 1.2 – indent 2 b (new)

Text proposed by the Commission

Amendment

 

-  have an approved certificate proving competence for radio communication on inland water vessels.

Amendment    104

Proposal for a directive

Annex I – point 2 – point 2.1 – point a – indent 3 a (new)

Text proposed by the Commission

Amendment

 

-  hold a certificate for radio operation.

Amendment    105

Proposal for a directive

Annex I – point 2 – point 2.1 – point b – indent 3 a (new)

Text proposed by the Commission

Amendment

 

-  hold a certificate for radio operation.

Amendment    106

Proposal for a directive

Annex I – point 2 – point 2.1 – point c – indent 1

Text proposed by the Commission

Amendment

-  not be less than 19 years of age;

deleted

Amendment    107

Proposal for a directive

Annex I – point 2 – point 2.1 – point c – indent 2

Text proposed by the Commission

Amendment

-  have a minimum of five years' work experience prior to the enrolment in the training programme;

-  have a minimum of three years' work experience prior to the enrolment in the training programme, or 500 days work experience on a sea-going ship as a member of the deck crew, or have completed any vocational training programme of a duration of not less than three years, prior to the enrolment of an approved training programme;

Amendment    108

Proposal for a directive

Annex I – point 2 – point 2.1 – point c – indent 4 a (new)

Text proposed by the Commission

Amendment

 

-  hold a certificate for radio operation.

Amendment    109

Proposal for a directive

Annex I – point 2 – point 2.1 – point c a (new)

Text proposed by the Commission

Amendment

 

Or

 

c a)

 

-   have navigation time of not less than 540 days within a 10-year period while serving as deckhand;

 

-  hold a certificate for radio operation.

Amendment    110

Proposal for a directive

Annex I – point 2 – point 2.2 – point a – indent 1 -a (new)

Text proposed by the Commission

Amendment

 

-   not be less than 17 years of age;

Amendment    111

Proposal for a directive

Annex I – point 2 – point 2.2 – point a – indent 2 a (new)

Text proposed by the Commission

Amendment

 

-  hold a certificate for radio operation.

Amendment    112

Proposal for a directive

Annex I – point 2 – point 2.2 – point b – indent 1 -a (new)

Text proposed by the Commission

Amendment

 

-  not be less than 17 years of age;

Amendment    113

Proposal for a directive

Annex I – point 2 – point 2.3 – indent 1 a (new)

Text proposed by the Commission

Amendment

 

-  hold a certificate for radio operation.

Amendment    114

Proposal for a directive

Annex I – point 3 – point 3.1 – point a – indent 3 a (new)

Text proposed by the Commission

Amendment

 

-  hold a certificate for radio operation.

Amendment    115

Proposal for a directive

Annex I – point 3 – point 3.1 – point b – indent 3 a (new)

Text proposed by the Commission

Amendment

 

-  hold a certificate for radio operation.

Amendment    116

Proposal for a directive

Annex I – point 3 – point 3.1 – point c – indent 2

Text proposed by the Commission

Amendment

-  have a minimum of five years' work experience prior to the enrolment of an approved training programme;

-  have a minimum of four years' work experience or at least 500 days work experience on a sea-going ship as a member of the deck crew or have completed any vocational training programme of a duration of not less than 3 years, prior to the enrolment of an approved training programme of a duration of not less than two years;

Amendment    117

Proposal for a directive

Annex I – point 3 – point 3.1 – point c – indent 4 a (new)

Text proposed by the Commission

Amendment

 

-  hold a certificate for radio operation.

Amendment    118

Proposal for a directive

Annex II – point 1 – point 1.3 – paragraph 2 – indent 2

Text proposed by the Commission

Amendment

-  assist the vessel’s management in providing services to passengers.

-  assist the vessel’s management in providing services to passengers, including special measures for persons with reduced mobility (PRMs).

Amendment    119

Proposal for a directive

Annex II – point 2 – point 2.1 – indent 1

Text proposed by the Commission

Amendment

-  plan a journey and conduct navigation on inland waterways, which includes to be able to choose the most logical, economical and ecological sailing route to reach the loading and unloading destinations, taking into account the most efficient sailing time schedule according to actual circumstances;

-  plan a journey and conduct navigation on inland waterways, which includes to be able to choose the most logical, economic and ecological sailing route to reach the loading and unloading destinations taking into account CEVNI and the applicable traffic regulations.

Amendment    120

Proposal for a directive

Annex II – point 2 – point 2.1 – indent 2

Text proposed by the Commission

Amendment

-  sail and manoeuvre, ensuring the safe operation of the vessel in all conditions on inland waterways;

-  sail and manoeuvre, ensuring the safe operation of the vessel in all conditions on inland waterways including in high-traffic-density situations;

Amendment    121

Proposal for a directive

Annex II – point 2 – point 2.1 – indent 2 a (new)

Text proposed by the Commission

Amendment

 

-  apply basic knowledge on the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN);

Amendment    122

Proposal for a directive

Annex II – point 2 – point 2.1 – indent 4

Text proposed by the Commission

Amendment

-  use Very High Frequency equipment when navigating on inland waterways.

deleted

Amendment    123

Proposal for a directive

Annex II – point 2 – point 2.3 – indent 3

Text proposed by the Commission

Amendment

-  plan and ensure the safe transport of passengers and their care during the voyage.

-  plan and ensure the safe transport of passengers and their care during the voyage, including persons with reduced mobility (PRMs).

Amendment    124

Proposal for a directive

Annex II – point 2 – point 2.6 – indent 2

Text proposed by the Commission

Amendment

-  ensure good communication at all times, which includes the use of standardised communication phrases in situations with communication problems;

-  ensure good communication at all times, which includes the use of standardised communication phrases in situations with communication problems, by analogy with the requirements of Directive 2008/106, where English is used together with other languages.

Amendment    125

Proposal for a directive

Annex II – point 2 – point 2.7 – Title

Text proposed by the Commission

Amendment

Health and safety and environmental protection

Health and safety, passenger rights and environmental protection

Amendment    126

Proposal for a directive

Annex II – point 2 – point 2.7 – indent 2

Text proposed by the Commission

Amendment

-  maintain safety and security for persons on board;

-  maintain safety and security for persons on board and if passengers are present, know and initiate the application of relevant passenger rights, including for persons with reduced mobility (PRMs);

Amendment    127

Proposal for a directive

Annex II – point 2 – point 2.7 a (new)

Text proposed by the Commission

Amendment

 

2.7a.  Supervision

 

The boatmaster shall be able to:

 

-  instruct and control all tasks exercised by other deck crew members as referred to in Chapter 1 of this Annex, implying abilities to perform these tasks.

Amendment    128

Proposal for a directive

Annex II – point 4 – point 4.1 – indent 2

Text proposed by the Commission

Amendment

-  apply safety instructions and take the necessary measures to protect passengers in general, especially in the event of emergencies (e.g. evacuation, damage, collision, running aground, fire, explosion or other situations which may give rise to panic).

-  apply safety instructions and take the necessary measures to protect passengers in general, especially in the event of emergencies (e.g. evacuation, damage, collision, running aground, fire, explosion or other situations which may give rise to panic) and take the necessary measures for passengers with specific needs, such as persons with reduced mobility (PRMs);

Amendment    129

Proposal for a directive

Annex II – point 4 – point 4.1 – indent 2 a (new)

Text proposed by the Commission

Amendment

 

-  be able to communicate in elementary English;

Amendment    130

Proposal for a directive

Annex II – point 4 – point 4.1 – indent 2 b (new)

Text proposed by the Commission

Amendment

 

-  be aware of, advise on, and be able to meet applicable passenger rights, including those concerning accessibility.

(1)

Not yet published


EXPLANATORY STATEMENT

Background

For geographical reasons inland waterway activities are limited to a certain number of Member States. Inland waterway transport in the European Union is mainly concentrated on the Rhine with a share of 75% of the traffic and the Danube with around 10%. The EU fleet (around 17.000 vessels) is predominantly (80%) owned by five member states: Netherlands (33%), Germany (20%), France (11%), Romania (9%) and Belgium (7%). Independently of ownership, there is an increased tendency to re-flag vessels to Malta and Cyprus, in particular in the river cruise sector.

In 2014, the total volume of goods transported on European inland waterways was 551 million tonnes. The overall share of inland waterway transport is rather constant since 1998 at roughly 6% of freight transport in the entire EU. The European countries with the largest inland waterways transport of goods were Netherlands and Germany with a modal share of 50% along the Rhine corridor.

Inland navigation is also an increasing popular tourism activity. There were around 320 cruise ships in operation on Europe’s rivers in 2015. Approximately 75% of them were active on the Rhine and the Danube. It is worth noting the positive trend in the activity of the river cruise sector over the last few years, with an increase in the number of passengers between 2014 and 2015 of 17%  (from 1,13 million passengers in 2014 to 1,33 million in 2015).

The inland waterway transport sector is largely based on owner-operators of a single vessel employing only very few crew members. In total the sector employs around 45.000 people in the Union. About 30% of crew members are self-employed, while 70% are mobile workers, most of them coming from the Netherlands, Germany, France, Luxembourg, Italy, Belgium, Romania and Bulgaria.

However, the sector is evolving. The number of small companies with only one or two crew members has sharply decreased since 2012 and the sector is shifting towards a higher proportion of companies with between 20 and 50 employees and owing several vessels. Old vessels are progressively replaced by larger scale vessels equipped with technology-advanced machinery and requesting more crew on-board.

Europe’s inland waterways still offer unexploited potential, which will be even more important as forecasts predict increasing transport needs and volumes for the coming decades. Being a sustainable alternative to road transport, inland waterways can also contribute to reducing the environmental impact of transport operations. To improve the competitiveness of the sector several measures are needed. With the contribution of the Connecting Europe Facility (CEF) inland waterway infrastructure, such as out-dated locks or persisting bottle-necks, can be modernised. Also investments in green technology for vessels are facilitated. The inland waterway transport sector also suffers from a shortage of qualified workers and from an ageing workforce, the average age being 55 years. Measures would therefore be needed to improve the attractiveness of the profession.

Commission proposal

The Commission therefore proposed measures to facilitate labour mobility inside the Union and to attract qualified people with a different background to the profession. Today Directives 96/50/EC and 91/672/EEC are limited to the mutual recognition of boatmasters operating on the EU inland waterways other than the river Rhine. The Central Commission for Navigation on the Rhine (CCNR) recognises boatmaster certificates issued by other Member States but procedures are lengthy and additional conditions may be imposed. This double system of regulation considerably hinders labour mobility in a sector.

According to the proposal, certificates of qualification, service record books and logbooks shall be recognised by all Member States for all crew members, not only for boatmasters. The Commission also proposed to facilitate the recognition of documents from third countries. Mutual recognition is based on a common set of minimum requirements, which need to be fulfilled to obtain a certificate of qualification. Competences required for the different levels of qualification are also defined. These competences will be tested at the end of a training programme or by passing an examination organised under the responsibility of an administrative authority. By requiring from every candidate to pass an examination, the qualification of workforce shifts from an experience-based system, where a certain number of years on-board were sufficient to prove your competence, to a competence-based system. This competence-based system will offer greater flexibility for new entrants, for example from maritime shipping or fishing who decide to engage in inland waterway navigation at a later stage of their career. In addition, the Commission proposed to base the assessment of medical fitness on a set of harmonised rules.

Rapporteur’s position

Your Rapporteur generally welcomes the Commission’s proposal to provide for a harmonised high level of qualifications of workers in the inland waterway transport sector, thereby ensuring the mobility of qualified workers throughout the Union. However, she wishes to propose a number of amendments intended to improve the proposal.

She supports the provision of the Commission allowing Member States to exempt from the new system deck crew members working exclusively on inland waterways that are not linked to another Member State. Because of proportionality reasons, your Rapporteur proposes to also exclude deck crew members working on vessels which only operate in a very limited radius such as some ferries. In general, the Directive should only address Member States, which have inland waterways and/or offer training and qualification facilities and programmes for inland waterway deck crew members.

Your rapporteur welcomes a common set of criteria for defining inland waterway stretches with specific risks and a transparent procedure to obtain the qualification to sail on these stretches, as this is an obstacle for labour mobility under the current system. However, the criteria to identify a stretch with specific risks should also take into consideration high risk of accidents at a specific location where this risk cannot easily be mitigated by other means. Member State where the stretch with specific risks is located should be able to control which other Member State is allowed to carry out the assessment of competence for those stretches. Practical experience may be compulsory for certain stretches with risk and applicants should provide evidence that they sailed on the stretch concerned a prescribed number of journeys.

The recognition of certificates of qualification delivered by third countries is most relevant for countries that have a navigable waterway linked to a navigable inland waterway of the Union. Your Rapporteur therefore proposes to limit the recognition pursuant to the Directive to those countries. She doubts that the Commission would be able to effectively control whether national rules of third countries worldwide are identical to those laid down in this Directive.

As the examination of competences is a crucial part of the new system of recognition of qualifications, your Rapporteur believes that the quality of the examiners is of outmost importance and that they should not be subject to conflict of interest. Candidates should also have the possibility to pass exams, for example on a simulator, in a certain Member State and the practical examination certificate issued should be recognised when applying for a certificate of qualification in all other Member States.

The European Committee for drawing up Standards in Inland Navigation (CESNI), which involves experts from all Member States, as well, as observers, stakeholders and representatives of European River Commissions, has been created to establish common rules for inland navigation of the whole Union. Its work in the sector of professional qualification should be taken into account. The Commission should therefore take over CESNI standards when adopting delegated and/or implementing acts following this Directive.

Your Rapporteur welcomes the opportunity offered to lateral entrants to qualify as boatman or boatmaster with the help of shortened training programmes. Access to the profession should be further facilitated for candidates with experience as seafarers or having completed a vocational training programme beforehand.

Although in a competence-based system, requirements regarding navigation time are less relevant when an applicant needs to pass an examination before acquiring a certificate, practical experience should not be underestimated. In order to ensure safety of operations, a minimum navigation time of 45 days, which correspond to 6 months of navigation, should be required. It should be underlined that experience cannot be fully substituted by training on a simulator.

Your Rapporteur also added some additional competences, such as knowledge of traffic regulations and basic knowledge of the carriage of dangerous good, that would be required to qualify as boatmaster. Due to the small number of crew members on-board, boatmasters should also be able to help crew members with their daily work requiring competences of the operational level as well. To ensure safety of navigation, proper communication with any other vessels and authorities onshore is essential. The command of basic English should therefore be required for boatmasters. English language skills would even be more important for passenger navigation experts who are in charge of protecting passengers in the event of emergencies.


OPINION of the Committee on Employment and Social Affairs (*) (13.10.2016)

for the Committee on Transport and Tourism

on the proposal for a directive of the European Parliament and of the Council on the recognition of professional qualifications in inland navigation and repealing Council Directive 96/50/EC and Council Directive 91/672/EEC

(COM(2016)0082 – C8‑0061/2016 – 2016/0050(COD))

Rapporteur: Lynn Boylan

(*)  Associated committee – Rule 54 of the Rules of Procedure

SHORT JUSTIFICATION

Inland-Waterway-Transport is by its nature a European matter because most inland waterways are cross-border transport ways.

In terms of “green footprint”, shifting loads from streets to the waterways, and the maintaining and creating of employment the IWT sector should be supported.

The most important point on IWT is the overall safety of crewmembers and boatmasters who are carrying out this profession, passengers, vessels, goods, and the environment. Safety is also important for people, goods, and the environment in the immediate vicinity of vessels on inland waterways which could be negatively affected if accidents/misuse occurs.

It is importance that the relevant standards are maintained in order to guarantee safety. This in turn will ensure that the persons working in this sector are carrying out the necessary measures in a responsible way.

Professional training is competence of Member States but in IWT sector it is necessary to have comparable standards to guarantee safety on all inland waterways, especially due to the fact that this work is carried out in mobile situations.

The mobility of workers provides possibilities for boatmasters and crewmembers to work in other Member States. To safeguard mobility it is important that qualifications are recognised.

Recognition of professional qualification is only possible if competences are comparable, assessed and approved. Otherwise it is possible that crewmembers and boatmasters could get any certificate in a Member States with the lowest standards. This "certificate shopping" must be avoided as it would create a situation where abuse could occur and the cheapest/easiest-to-receive certification could lower standards.

To guarantee safety on the waterways the necessary qualifications should be valid in a comparable way for all involved. This means exemptions, as far as possible, should be avoided.

To guarantee mobility for crewmembers and boatmasters is it also necessary that the standards are applicable for all Member States and include non-interlinked waterways. Otherwise the certificates of crewmembers and boatmasters from excluded Member States and excluded non-interlinked waterways would not be recognized under this Directive and the affected crew members and boatmasters would be excluded from Mobility. Or in other words, this would not include equal opportunities for all and would be against the spirit of the directive.

To have the best standards of safety waterway stretches with special risks must be identified. This could be done in a responsible way by the Member States in whose territories the waterways with special risks are. To avoid fraudulent identification of stretches (to declare a whole river/canal as stretch with risk) the Commission shall provide criteria for Member States with which they are able to declare areas of special risks.

Professional training is in hands of Member States. However, it is not enough to have minimum standards, as this often means low standards. The IWT sector is relatively safe because of the high professional qualification standards developed during a long time with a lot of experiences through the River Commissions. It is important that the Commission for drawing up standards in Inland Navigation (CESNI) with experts from Member States, River Commissions, Social partners will develop and establish common standards for professional training.

The attractiveness of the profession will not be improved with lower standards, rather, it will improve because the crewmembers are able to become well trained and skilled experts who are needed and demanded in this sector to carry out work and maintain safety.

Recognition of already exiting certificates is a first step in this direction. But this has to be performed without lowering the standards, “certificate shopping, “bought certificates” and fraud. To safeguard the qualification standards it is an important step that not only boatmasters but also crewmembers pass a practical exam to demonstrate their competences. In some cases also an oral exam makes sense in case of the use of radio and to explain practical situations. For the training it is important not only to attend qualified training programmes, it is also necessary to prove competences with an assessment/exam as navigating time itself is insufficient if crewmembers do not work on the tasks relevant for the functioning of an inland waterway vessel.

It should be possible for workers of seagoing vessels to change into the IWT sector with easier access but not with lower standards. That means the former profession must have a link to the function of a seagoing vessel. Also for workers from other professions the sector should be open, but not to circumvent ordinary professional training in the IWT sector

Simulators for training must be the same as simulators for exams, otherwise there is a danger that standards would be undermined.

To guard the standards of safety and professional training it is important that the Member States have a way to raise concerns/voice complaints on professional certification when a certificate creates doubts about veracity. These complaints must be collected by the Commission to take measures against misuse and also to evaluate the system as a whole.

AMENDMENTS

The Committee on Employment and Social Affairs calls on the Committee on Transport and Tourism, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a)  The Recommendation of the European Parliament and of the Council on the establishment of the European Qualifications Framework for lifelong learning1a defines the concepts “qualification”, “competence” and “skills” at Union level. Any new legislation setting out qualification standards should use those concepts as defined in that Recommendation.

 

______________

 

1a The Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (OJ C 111, 6.5.2008, p. 1).

Justification

The European Qualifications Framework has become the core standard and reference document. New legislation using terminology relating to qualification such as competence, qualification, skill, should be based on the existing definitions in the framework of better regulation

Amendment    2

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5)  To facilitate mobility, to ensure the safety of navigation and the protection of human life, it is essential for deck crew members, persons in charge of emergency situations on board passenger vessels and persons involved in the bunkering of liquefied natural gas-fuelled vessels to hold certificates of qualification proving their qualifications. For efficient enforcement, they should carry such certificates while exercising their occupation.

(5)  To facilitate mobility and to ensure the safety of navigation and the protection of human life and the environment, it is essential for deck crew members, regardless of whether they are on passenger or bunkering vessels, especially persons in charge of emergency situations on board passenger vessels and persons involved in the bunkering of vessels, to hold certificates of qualification proving their qualifications. Additionally, certified qualifications will improve labour market opportunities and the recognition of qualifications. For efficient enforcement, they should carry such certificates while exercising their occupation.

Amendment    3

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8)  For reasons of cost-effectiveness, holding Union certificates of qualification should not be made compulsory on national inland waterways not linked to the navigable network of another Member State.

(8)  In order to ensure safety of navigation, labour mobility cost-effectiveness and proportionality, Member States may opt to make Union certificates of qualification compulsory on national inland waterways not linked to the navigable network of another Member State.

Amendment    4

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9)  With a view to contributing to the mobility of persons involved in the operation of vessels across the Union and considering that all certificates of qualification, service record books and logbooks issued in accordance with this Directive should comply with minimum standards, Member States should recognise the professional qualifications certified in accordance with this Directive. Consequently the holders of such qualifications should be able to exercise their profession on all Union inland waterways.

(9)  With a view to contributing to the mobility of persons involved in the operation of vessels across the Union and considering that all certificates of qualification, service record books and logbooks issued in accordance with this Directive should comply with the required standards, Member States should recognise the professional qualifications certified in accordance with this Directive. Consequently the holders of such qualifications should be able to exercise their profession on all Union inland waterways.

Amendment    5

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10)  In view of the established cooperation between the Union and the CCNR since 2003 which has led to the establishment of a European Committee for drawing up Standards in Inland Navigation (CESNI), an international body set up under the auspices of the CCNR, and in order to streamline the legal frameworks governing the professional qualifications in Europe, certificates of qualification, service record books and logbooks, issued in accordance with the Rhine Navigation Personnel Regulation under the Revised Convention for Rhine Navigation which lay down requirements that are identical to those of this Directive should be valid on all Union inland waterways. Such documents issued by third countries should be recognised in the Union, subject to reciprocity. To further remove barriers to labour mobility and further streamline the legal frameworks governing the professional qualifications in Europe, any certificate of qualification, service record book or logbook issued by a third country on the basis of requirements which are identical to those laid down in this Directive may also be recognised on all Union waterways, subject to an assessment by the Commission and subject to recognition by that third-country of documents issued in accordance with the present Directive .

(10)  In view of the established cooperation between the Union and the CCNR since 2003 which has led to the establishment of a European Committee for drawing up Standards in Inland Navigation (CESNI), an international body consisting of representatives of Member States, River Commissions, and Social Partners and set up under the auspices of the CCNR, and in order to streamline the legal frameworks governing the professional qualifications in Europe, certificates of qualification, service record books and logbooks, issued in accordance with the Rhine Navigation Personnel Regulation under the Revised Convention for Rhine Navigation which lay down requirements that are identical to those of this Directive should be valid on all Union inland waterways. As a result, CESNI should draft standards for all areas for which the Commission is authorised to adopt delegated acts, with the exception of stretches of navigable waterways in which Member States deem there to be specific risks. Such documents issued by third countries should be recognised in the Union, subject to reciprocity. To further remove barriers to labour mobility and further streamline the legal frameworks governing the professional qualifications in Europe, any certificate of qualification, service record book or logbook issued by a third country on the basis of requirements which are identical to those laid down in this Directive may also be recognised on all Union waterways, subject to an assessment by the Commission and subject to recognition by that third-country of documents issued in accordance with the present Directive.

Amendment    6

Proposal for a directive

Recital 12

 

Text proposed by the Commission

Amendment

(12)  Member States should issue certificates of qualification only to persons that have the minimum levels of competence, the minimum age, the minimum medical fitness and the navigation time required for obtaining a specific qualification.

(12)  Member States should issue certificates of qualification only to persons that have the required levels of competence resulting from successful participation in an approved training programme and validated by an assessment, as well as the minimum age, the minimum medical fitness, the required education and training, and the navigation time required for obtaining a specific qualification.

Amendment    7

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission

Amendment

 

(12a)  The Commission and Member States should encourage young people to seek a professional qualification in inland navigation and set up specific measures to support social partners’ activities in this regard.

Amendment    8

Proposal for a directive

Recital 13

 

Text proposed by the Commission

Amendment

(13)  To safeguard the mutual recognition of qualifications, the certificates of qualification should be based on the competences necessary for the operation of vessels. Member States should ensure that persons receiving certificates of qualification have the corresponding minimum levels of competence, verified following an appropriate assessment. Such assessments may take the form of an administrative examination or may form part of approved training programmes carried out in accordance with common standards in order to ensure a comparable minimum level of competence in all Member States for various qualifications.

(13)  To safeguard the mutual recognition of qualifications, the certificates of qualification should be based on the competences necessary for the operation of vessels. Member States should ensure that persons receiving certificates of qualification have the corresponding required levels of competence, verified following an appropriate assessment. Such assessments may take the form of an administrative examination or may form part of approved training programmes which may include, where necessary, a practical assessment carried out in accordance with common standards in order to ensure a comparable level of competence in all Member States for various qualifications.

Amendment    9

Proposal for a directive

Recital 14

 

Text proposed by the Commission

Amendment

(14)  Due to the responsibility with respect to safety when exercising the profession of boatmaster, sailing with the aid of radar and bunkering liquefied natural gas-fuelled vessels or sailing liquefied natural gas-fuelled vessels, verification through practical examinations on whether the required level of competence has effectively been reached is required. Such practical examinations may be carried out using approved simulators, with a view to further facilitating the evaluation of competence.

(14)  Due to the need to ensure safety when exercising the responsible profession of deck crew member, boatmaster, and safety expert for passenger vessels, sailing with the aid of radar and bunkering liquefied natural gas-fuelled vessels or sailing liquefied natural gas-fuelled vessels, verification through practical examinations on whether the required level of competence has effectively been reached is required. Such practical examinations may be carried out using approved simulators, with a view to further facilitating the evaluation of competence.

Amendment    10

Proposal for a directive

Recital 15

 

Text proposed by the Commission

Amendment

(15)  Approval of training programmes is necessary to verify that the programmes comply with common minimum requirements regarding content and organisation. Such compliance allows for eliminating unnecessary barriers to entering the profession by preventing those who already acquired the necessary skills during their vocational training from passing unnecessary additional examination. The existence of approved training programmes may also facilitate the entry of workers with prior experience from other sectors into the profession of inland navigation as they may benefit from dedicated training programmes that take account of their already acquired competences.

(15)  Approval of training programmes is necessary to verify that the programmes comply with common necessary requirements regarding content and organisation. Such compliance allows for the elimination of barriers to entering the profession by preventing those who have already acquired the necessary skills in a maritime working environment, or skills which are related to the maritime professions, during their vocational or other training from passing additional examination. The existence of approved training programmes may also facilitate the entry of workers with prior experience from other sectors into the profession of inland navigation as they may benefit from dedicated training programmes that take account of their already acquired competences.

Amendment    11

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16)  To further facilitate mobility for boatmasters, all Member States should be allowed, where practicable, to assess the necessary competence for addressing specific risks for navigation for all inland waterway stretches in the Union where such risks are identified.

(16)  To further facilitate mobility for boatmasters, all Member States with navigable inland waterways should be allowed, where practicable, to assess the necessary competence for addressing specific risks for navigation for inland waterway stretches in the Union where such risks are identified.

Amendment    12

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17)  The navigation time should be verified by means of entries in service record books validated by a Member State. To allow for such verification, Member States should issue service record books and logbooks and ensure that the latter provide a record of the journeys of vessels. Medical fitness of a candidate should be certified by an approved medical practitioner.

(17)  The navigation time should be verified by means of entries in service record books validated by a Member State. To allow for such verification, Member States should not only issue service record books and logbooks and ensure that the latter provide a record of the journeys of vessels but they should also establish by other means that navigation time has been complied with. Medical fitness of a candidate should be certified by an approved medical practitioner.

Amendment    13

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(20)  Authorities, including in third countries, issuing certificates of qualifications, service record books and logbooks in accordance with rules that are identical to those of this Directive are processing personal data. For the purpose of evaluation of the Directive, for statistical purposes, for maintaining safety, for ease of navigation and in order to facilitate the exchange of information between the authorities involved in the implementation and enforcement of this Directive, these authorities and, where relevant, international organisations that established these identical rules, should also have access to the database kept by the Commission. This access should however be subject to adequate level of data protection, including of personal data.

(20)  Authorities, including in third countries, issuing certificates of qualifications, service record books and logbooks in accordance with rules that are identical to those of this Directive are processing personal data. For the purpose of evaluation of the Directive, for statistical purposes, for maintaining safety, for ease of navigation and in order to facilitate the exchange of information between the authorities involved in the implementation and enforcement of this Directive, these authorities and, where necessary, international organisations that established these identical rules, should also have access to the database kept by the Commission. This access should however be subject to a high level of data protection, specifically in the case of personal data.

Amendment    14

Proposal for a directive

Recital 21

 

Text proposed by the Commission

Amendment

(21)  With a view to further reducing administrative burden whilst rendering the documents less prone to tampering, the Commission should as a second step, after the adoption of this Directive, examine the possibility of introducing an electronic version of service record books and logbooks, as well as electronic professional cards incorporating Union certificates of qualifications. In doing so, the Commission should take existing technologies in other modes of transport into account, in particular road transport. After conducting an impact assessment including of cost-benefit and of the impacts on the fundamental rights, in particular in relation to the protection of personal data, the Commission should present, if appropriate, a proposal to the European Parliament and the Council.

(21)  With a view to further reducing administrative burden whilst rendering the documents less prone to tampering, the Commission should consider adopting a suitable legal framework for the introduction of an electronic version of service record books and logbooks, as well as electronic professional cards incorporating Union certificates of qualifications. In doing so, the Commission should take existing technologies in other modes of transport into account, in particular road transport. It should also take into account usability and accessibility in line with the United Nations Convention on the Rights of Persons with Disabilities. After conducting an impact assessment including of cost-benefit and of the impacts on the fundamental rights, in particular in relation to the protection of personal data, the Commission should present, if appropriate, a proposal to the European Parliament and the Council. It is also necessary for tamper-proof equipment to be provided for the electronic recording of working hours and duties performed by all crew members.

Amendment    15

Proposal for a directive

Recital 24

 

Text proposed by the Commission

Amendment

(24)  In order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between Member States and the implementation, monitoring and evaluation of this Directive by the Commission, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission as regards the setting of standards of competence, standards for medical fitness, standards for practical examinations, standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the Commission to host a copy of key data related to Union certificates of qualifications, service record books, logbooks and recognised documents. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(24)  In order to provide the required harmonised standards for the certification of qualifications and to facilitate the exchange of information between Member States and the implementation, monitoring and evaluation of this Directive by the Commission, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission as regards the setting of standards of competence based on CESNI standards, standards for medical fitness, standards for practical and oral examinations, standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the Commission to host a copy of key data related to Union certificates of qualifications, service record books, logbooks and recognised documents. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment    16

Proposal for a directive

Recital 26

 

Text proposed by the Commission

Amendment

(26)  The CESNI which is open to experts from all Member States, draws up standards in the field of inland navigation, including for professional qualifications. The Commission may take into account such standards when empowered to adopt acts in conformity with this Directive.

(26)  The CESNI which is open to experts from all Member States, River Commissions and Social Partners shall be fully involved in the design and drawing up of standards in the field of inland navigation, including for professional qualifications. With the exception of stretches of navigable waterways in which Member States deem there to be specific risks, the Commission may only act on CESNI standards when empowered to adopt acts in conformity with this Directive.

Amendment    17

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

(27)  Since the objective of this Directive, namely establishing a common framework on the recognition of professional qualifications in inland navigation, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(27)  Since the objective of this Directive, namely establishing a common framework on the recognition of minimum professional qualifications in inland navigation, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

Amendment    18

Proposal for a directive

Recital 27 a (new)

Text proposed by the Commission

Amendment

 

(27a)  A system of recognition might be a first step to enhance mobility in this sector. In the medium-term, a system of comparable vocational and professional training in the Member States would ease the mobility and would guarantee safety.

Amendment    19

Proposal for a directive

Article 3 – paragraph 1 – point 6

 

Text proposed by the Commission

Amendment

(6)  ‘deck crew members’ means persons involved in the operation of a vessel navigating on Union inland waterways carrying out tasks related to navigation, cargo handling, stowage, maintenance or repair, with the exception of persons solely assigned to the operation of the engines, electrical and electronic equipment;

(6)   ‘deck crew members’ means persons involved in the operation of a vessel navigating on Union inland waterways carrying out tasks related to navigation, controlling the operation of the vessel, marine engineering, communication, safety, health and environmental protection, cargo handling, stowage, maintenance or repair, with the exception of persons solely assigned to the operation of the engines, electrical and electronic equipment;

Amendment    20

Proposal for a directive

Article 3 – paragraph 1 – point 7

 

Text proposed by the Commission

Amendment

(7)  ‘passenger navigation expert’ means a person competent to take measures in emergency situations on board passenger vessels;

(7)  ‘passenger navigation expert’ means a person serving on board the vessel who is competent to take measures in emergency situations on board passenger vessels;

Amendment    21

Proposal for a directive

Article 3 – paragraph 1 – point 9 a (new)

Text proposed by the Commission

Amendment

 

(9a)  'qualification' means qualification as defined in the European Qualifications Framework Recommandation;

Amendment    22

Proposal for a directive

Article 3 – paragraph 1 – point 10

Text proposed by the Commission

Amendment

(10)  ‘competence’ means the proven ability to use knowledge and skills required by the established standards for the proper performance of tasks necessary for the operation of inland waterway vessels;

(10)  ‘competence’ means the proven ability to use knowledge, skills and personal, social or methodological abilities in relation to the established standards for the proper performance of tasks necessary for the operation of inland waterway vessels;

Justification

Alignment with the definition established in the European Qualifications Framework

Amendment    23

Proposal for a directive

Article 8 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  When necessary for ensuring safety of navigation, Member States may identify stretches of inland waterways with specific risks, except for inland waterways of a maritime character referred to in Article 7, where such risks are due to:

1.  When necessary for ensuring safety of navigation, Member States shall identify stretches of inland waterways with specific risks, except for inland waterways of a maritime character referred to in Article 7, where such risks are due to:

Amendment    24

Proposal for a directive

Article 10 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  that they meet the minimum requirements laid down in Annex I on age, competence, administrative compliance and navigation time corresponding to the qualification applied for;

(b)  that they meet the minimum requirements laid down in Annex I on age, required competence, administrative compliance and navigation time corresponding to the qualification applied for;

Amendment    25

Proposal for a directive

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

2.  Member States shall verify the authenticity and validity of the documents provided.

2.  Member States with navigable inland waterways shall verify the authenticity and validity of the documents provided.

Amendment    26

Proposal for a directive

Article 11 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  Member States shall ensure that applicants for specific authorisations referred to in Article 6, other than for that provided in Article 6(b), provide satisfactory documentary evidence:

1.  Member States with navigable inland waterways shall ensure that applicants for specific authorisations referred to in Article 6, other than for that provided in Article 6(b), provide satisfactory documentary evidence:

Amendment    27

Proposal for a directive

Article 11 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  that they meet the minimum requirements laid down in Annex I on age, competence, administrative compliance and navigation time corresponding to the specific authorisation applied for.

(b)  that they meet the minimum requirements laid down in Annex I on age, required competence, administrative compliance and navigation time corresponding to the specific authorisation applied for.

Amendment    28

Proposal for a directive

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

When there are indications that the requirements for certificates of qualifications or specific authorisations are no longer met, the Member States shall undertake all necessary assessments and, where appropriate, withdraw those certificates.

When there are indications that the requirements for certificates of qualifications or specific authorisations are no longer met, the Member States shall undertake all necessary assessments and, where appropriate, withdraw those certificates. Member States shall nominate or establish a competent authority to receive complaints concerning the factual accuracy of certificates of qualifications issued by another Member State or country. The Member States shall inform the Commission and CESNI about the complaint. The Commission shall investigate and take appropriate measures. Member States may suspend certificates where the authority finds that they contain or appear to contain factual inaccuracies that could endanger public safety. Such suspension shall continue until the Member State concerned is satisfied that the certificates are correct. Member States shall collect information about complaints and suspensions of certificates and lodge them in a database in accordance with Article 23(2).

Amendment    29

Proposal for a directive

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

1.  Member States shall ensure that persons referred to in Articles 4, 5 and 6 have the necessary competences for the safe operation of a vessel as laid down in Article 15.

1.  Member States with navigable inland waterways shall ensure that persons referred to in Articles 4, 5 and 6 have the necessary competences for the safe operation of a vessel as laid down in Article 15.

Amendment    30

Proposal for a directive

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 29 to lay down the standards for competences and corresponding knowledge and skills in compliance with the essential requirements set out in Annex II.

1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 29 laying down on the basis of CESNI standards the standards for competences and corresponding knowledge and skills in compliance with the essential requirements set out in Annex II.

Amendment    31

Proposal for a directive

Article 15 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a)  under the responsibility of an administrative authority in accordance with Article 16 or;

(a)  under the responsibility of an administrative authority of a Member State with navigable waterways in accordance with Article 16 or;

Amendment    32

Proposal for a directive

Article 15 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b)  as part of a training programme approved in accordance with Article 17.

(b)  as part of a training programme that is part of the Member State’s training system approved in accordance with Article 17.

Amendment    33

Proposal for a directive

Article 15 – paragraph 3 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca)  a certificate of qualification for navigational safety experts on passenger vessels.

Amendment    34

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall ensure that examinations referred to in Article 15(2)(a) are organised under their responsibility. They shall ensure that those examinations are conducted by examiners qualified to assess the competences and the corresponding knowledge and skills referred to in Article 15(1).

Member States with navigable inland waterways shall ensure that examinations referred to in Article 15(2)(a) are organised under their responsibility. They shall ensure that those examinations are conducted by examiners qualified to assess the competences and the corresponding knowledge and skills referred to in Article 15(1).

Amendment    35

Proposal for a directive

Article 17 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Training programmes leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in Article 15(1) shall be approved by the competent authorities of the Member States in whose territory the relevant education or training institute is established.

1.  Training programmes leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in Article 15(1) shall be approved by the competent authorities of the Member States with navigable waterways in whose territory the competent institute provides education or training, provided that the educational programme is an integral part of the Member State's training system. Member States may approve training programmes at national level on condition that such programmes meet the common criteria defined by CESNI in the Quality Assessment and Assurance System (QAAS).

 

The Commission shall be empowered to adopt delegated acts in accordance with Article 29 in order to supplement this Directive by laying down common criteria for such programmes based on the common criteria defined by CESNI in the QAAS.

Amendment    36

Proposal for a directive

Article 17 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c)  an examination verifying compliance with the standards of competence referred to in Article 15(1) is carried out by qualified examiners.

(c)  an examination verifying compliance with the standards of competence referred to in Article 15(1) is carried out by qualified independent examiners, free from conflicts of interests.

Amendment    37

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The Member States that identify inland waterways stretches with specific risks in the meaning of Article 8(1), shall define the additional competence required from boatmasters navigating on these stretches and the means to prove that such requirements are met.

The Member States themselves shall identify inland waterways stretches which run through their own territories and pose specific risks within the meaning of Article 8(1). The Member States shall define the additional competence required from boatmasters navigating on these stretches and the means to prove that such competence requirements are met.

Amendment    38

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Those means may consist of a limited number of journeys to be carried out on the stretch concerned, a simulator examination, a multiple choice examination or a combination thereof.

Those means shall consist of a minimum number of journeys to be carried out on the stretch concerned, a simulator examination and a multiple choice examination.

Amendment    39

Proposal for a directive

Article 19 – paragraph 1

 

Text proposed by the Commission

Amendment

1.  Simulators used for the assessment of competences shall be subject to an approval by Member States. That approval shall be issued upon request when it is demonstrated that the device complies with the standards for simulators established by delegated acts referred to in paragraph 2. The approval shall specify which particular assessment of competence is authorised as regards the simulator.

1.  Simulators used for training shall be of a comparable standard to those used for the assessment of competences. Both shall be subject to an approval by Member States. That approval shall be issued upon request when it is demonstrated that the device complies with the standards for simulators established by delegated acts referred to in paragraph 2. The approval shall specify which particular assessment of competence is authorised as regards the simulator.

Amendment    40

Proposal for a directive

Article 24 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  Member States shall designate the competent authorities which will:

1.  Member States with navigable inland waterways shall designate the competent authorities which will:

Amendment    41

Proposal for a directive

Article 25 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall ensure that:

Member States with navigable inland waterways shall ensure that:

Amendment    42

Proposal for a directive

Article 25 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca)  labour inspectorates have adequate resources and there is a swift exchange of information with competent authorities of other Member States in order to ensure safety and fair competition in the inland navigation sector.

Amendment    43

Proposal for a directive

Annex I – point 1 – point 1.1 – paragraph 2 – indent 1 a (new)

Text proposed by the Commission

Amendment

 

-  successfully complete a course offering a required level of basic safety training.

Amendment    44

Proposal for a directive

Annex I – point 1 – point 1.2 – paragraph 2 – indent 2 a (new)

Text proposed by the Commission

Amendment

 

  undertake duties only under the existing youth protection provisions of the Member State in which the trainee is present at the time, unless the substantive law governing the training contract provides for a higher level of protection;

Amendment    45

Proposal for a directive

Annex I – point 1 – point 1.2 – paragraph 2 – indent 2 b (new)

Text proposed by the Commission

Amendment

 

-  have an approved certificate proving competence for radio communication on inland water vessels.

Amendment    46

Proposal for a directive

Annex I – point 2 – point 2.1 – point a – indent 3 a (new)

Text proposed by the Commission

Amendment

 

-  have an approved certificate proving competence for radio communication on inland water vessels.

Amendment    47

Proposal for a directive

Annex I – point 2 – point 2.1 – point b – indent 3 a (new)

Text proposed by the Commission

Amendment

 

-  have an approved certificate proving competence for radio communication on inland water vessels.

Amendment    48

Proposal for a directive

Annex I – point 2 – point 2.1 – point c – indent 2

Text proposed by the Commission

Amendment

-  have a minimum of five years' work experience prior to the enrolment in the training programme;

-  have a minimum of four years' work experience prior to the enrolment in the training programme;

Amendment    49

Proposal for a directive

Annex I – point 2 – point 2.1 – point c – indent 4 a (new)

Text proposed by the Commission

Amendment

 

-  have an approved certificate proving competence for radio communication on inland water vessels.

Amendment    50

Proposal for a directive

Annex I – point 2 – point 2.2 – point a – indent -1 (new)

Text proposed by the Commission

Amendment

 

-  not be less than 17 years of age.

Amendment    51

Proposal for a directive

Annex I – point 2 – point 2.2 – point a – indent 1 a (new)

Text proposed by the Commission

Amendment

 

-  have an approved certificate proving competence for radio communication on inland water vessels.

Amendment    52

Proposal for a directive

Annex I – point 2 – point 2.2 – point b – indent 2 a (new)

Text proposed by the Commission

Amendment

 

-  have an approved certificate proving competence for radio communication on inland water vessels.

Amendment    53

Proposal for a directive

Annex I – point 2 – point 2.3 – indent 1 a (new)

Text proposed by the Commission

Amendment

 

-  have an approved certificate proving competence for radio communication on inland water vessels.

Amendment    54

Proposal for a directive

Annex I – point 3 – point 3.1 – point a – indent 3 a (new)

Text proposed by the Commission

Amendment

 

-  have an approved certificate proving competence for radio communication on inland water vessels.

Amendment    55

Proposal for a directive

Annex I – point 3 – point 3.1 – point b – indent 3 a (new)

Text proposed by the Commission

Amendment

 

-  have an approved certificate proving competence for radio communication on inland water vessels.

Amendment    56

Proposal for a directive

Annex I – point 3 – point 3.1 – point c – indent 2

Text proposed by the Commission

Amendment

-  have a minimum of five years' work experience prior to the enrolment of an approved training programme;

-  have a minimum of five years' work experience prior to the enrolment of an approved training programme of a duration of not less than two years;

Amendment    57

Proposal for a directive

Annex I – point 3 – point 3.1 – point c – indent 4 a (new)

Text proposed by the Commission

Amendment

 

-  have an approved certificate proving competence for radio communication on inland water vessels.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Recognition of professional qualifications in inland navigation

References

COM(2016)0082 – C8-0061/2016 – 2016/0050(COD)

Committee responsible

       Date announced in plenary

TRAN

11.4.2016

 

 

 

Opinion by

       Date announced in plenary

EMPL

11.4.2016

Associated committees - date announced in plenary

15.9.2016

Rapporteur

       Date appointed

Lynn Boylan

24.5.2016

Discussed in committee

31.8.2016

 

 

 

Date adopted

12.10.2016

 

 

 

Result of final vote

+:

–:

0:

44

8

1

Members present for the final vote

Laura Agea, Guillaume Balas, Brando Benifei, Mara Bizzotto, Vilija Blinkevičiūtė, Enrique Calvet Chambon, David Casa, Ole Christensen, Martina Dlabajová, Lampros Fountoulis, Elena Gentile, Arne Gericke, Marian Harkin, Czesław Hoc, Danuta Jazłowiecka, Agnes Jongerius, Rina Ronja Kari, Jan Keller, Ádám Kósa, Agnieszka Kozłowska-Rajewicz, Jean Lambert, Jérôme Lavrilleux, Jeroen Lenaers, Verónica Lope Fontagné, Javi López, Morten Løkkegaard, Thomas Mann, Dominique Martin, Anthea McIntyre, Joëlle Mélin, Elisabeth Morin-Chartier, Emilian Pavel, João Pimenta Lopes, Georgi Pirinski, Marek Plura, Terry Reintke, Anne Sander, Sven Schulze, Siôn Simon, Jutta Steinruck, Romana Tomc, Yana Toom, Ulrike Trebesius, Marita Ulvskog, Renate Weber, Tatjana Ždanoka, Jana Žitňanská

Substitutes present for the final vote

Georges Bach, Deirdre Clune, Tania González Peñas, Neoklis Sylikiotis, Flavio Zanonato

Substitutes under Rule 200(2) present for the final vote

Raymond Finch


OPINION of the Committee on Legal Affairs (12.7.2016)

for the Committee on Transport and Tourism

on the proposal for a directive of the European Parliament and of the Council on the recognition of professional qualifications in inland navigation and repealing Council Directive 96/50/EC and Council Directive 91/672/EEC

(COM(2016)0082 – C8-0061/2016 – 2016/0050(COD))

Rapporteur: Joëlle Bergeron

SHORT JUSTIFICATION

The proposal for a directive of the European Parliament and of the Council on the recognition of professional qualifications in inland navigation seeks to repeal the two previous directives of 1991 (91/672/EEC) and 1996 (96/50/EC), which covered only the qualifications of boatmasters working on waterways other than the Rhine, and to introduce rules on the recognition of the qualifications of all crew members, including those working on the Rhine. It covers both freight and passenger transport by inland waterway, but not private transport and recreational craft. It applies to the entire EU inland navigation network, albeit with possible exceptions for inland waterways with no cross-border traffic.

This new initiative is thus based on previous directives, but also on work done under the NAIADES I and II programmes and, in particular, by the PLATINA Joint Working Group on professional qualifications, which has drawn up standards of professional competence in the field of inland navigation.

The European inland waterway system is used to transport goods and passengers on canals, waterways, rivers, lakes, etc. The network has a total length of roughly 41 000 km and links 12 EU Member States. The carriage of goods by interconnected European inland waterways accounts for more than 140 billion tonne-kilometres of freight transport in the EU (Eurostat 2011).

Inland waterway transport also fully meets the requirements of the three pillars of sustainable development. In terms of cost, inland waterway transport is competitive with road transport. In environmental terms, it combines fuel economy with low greenhouse gas emissions, thereby helping to contain global warming. Lastly, in terms of social costs and benefits, it is a safe form of transport with a low accident rate and high growth potential, offering major job creation prospects, in particular in port areas. For all these reasons, steps should be taken to encourage the development of this alternative mode of transport.

This, indeed, is the aim of the proposal for a directive, which seeks, by means of the recognition of qualifications, to raise the profile of a profession which at present is characterised by a lack of mobility and manpower shortages in many EU Member States.

Workers currently face problems in securing mutual recognition of professional qualifications and overcoming unnecessary barriers, for example in the form of specific local knowledge requirements. In the light of this, moves to introduce minimum requirements concerning the qualifications of boatmen and boatmasters appear justified.

Your rapporteur supports the proposal for a directive, albeit with a number of amendments:

While much of the inland waterway network is transnational, its specific and distinctive national characteristics must nevertheless be safeguarded. For this reason, your rapporteur believes that Member States should be free to grant certain specific exemptions. She is proposing that some definitions should be clarified.

A further potential problem lies in the deadlines for compliance in all the Member States with the requirements laid down in the proposal for a directive concerning professional qualifications. In order to prevent additional manpower shortages which may arise in certain Member States because local workers do not have the right qualifications, a longer transitional period might be appropriate so that all the EU Member States can gradually take the steps needed to meet the requirements laid down in the directive and its annexes.

AMENDMENTS

The Committee on Legal Affairs calls on the Committee on Transport and Tourism, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a directive

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9a)  The recognition process provided for in this Directive should include all certificates of qualification, documents providing evidence of experience, service record books and logbooks of professionals in inland navigation created prior to the Member State’s accession to the European Union provided that they comply with the minimum standards required.

Amendment    2

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15)  Approval of training programmes is necessary to verify that the programmes comply with common minimum requirements regarding content and organisation. Such compliance allows for eliminating unnecessary barriers to entering the profession by preventing those who already acquired the necessary skills during their vocational training from passing unnecessary additional examination. The existence of approved training programmes may also facilitate the entry of workers with prior experience from other sectors into the profession of inland navigation as they may benefit from dedicated training programmes that take account of their already acquired competences.

(15)  Approval of training programmes is necessary to verify that the programmes comply with common minimum requirements regarding content and organisation. Such compliance allows for eliminating unnecessary barriers to entering the profession by preventing those who already acquired the necessary skills during their vocational training from passing unnecessary additional examination. The existence of approved training programmes may also facilitate the entry of workers with prior experience from other sectors into the profession of inland navigation as they may benefit from dedicated training programmes that take account of their already acquired competences alongside the recognition of their prior professional experience.

Amendment    3

Proposal for a directive

Recital 24

 

Text proposed by the Commission

Amendment

(24)  In order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between Member States and the implementation, monitoring and evaluation of this Directive by the Commission, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission as regards the setting of standards of competence, standards for medical fitness, standards for practical examinations, standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the Commission to host a copy of key data related to Union certificates of qualifications, service record books, logbooks and recognised documents. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(24)  In order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between Member States and the implementation, monitoring and evaluation of this Directive by the Commission, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission as regards the setting of standards of competence, standards for medical fitness, standards for practical examinations, standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the Commission to host a copy of key data related to Union certificates of qualifications, service record books, logbooks and recognised documents. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

 

_____________

 

1a OJ L 123, 12.5.2016, p. 1.

Amendment    4

Proposal for a directive

Article 2 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2.  This Directive does not apply to persons involved in the operation of:

2.  This Directive does not apply to persons who:

Amendment    5

Proposal for a directive

Article 2 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a)  recreational craft;

(a)  are navigating for sport or pleasure;

Amendment    6

Proposal for a directive

Article 2 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  ferries not moving independently.

(b)  are involved in the operation of ferries not moving independently;

Amendment    7

Proposal for a directive

Article 2 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba)  are involved in the operation of craft used by the armed forces, forces of public order, civil defence services, waterway administrations, fire services and other emergency services.

Amendment    8

Proposal for a directive

Article 3 – point 15

 

Text proposed by the Commission

Amendment

(15)   ‘navigation time’ means the time that deck crew members spent aboard during a journey performed by a vessel on inland waterways and validated by the competent authority;

(15)   ‘navigation time’ means the time that deck crew members spent aboard during a journey performed by a vessel on inland waterways, including, within certain limits, time spent training on a simulator approved under Article 19, and validated by the competent authority;

Justification

Simulator training is particularly effective preparation for dealing with difficult situations and emergencies and should therefore, subject to certain limits, count towards the work experience required to obtain a qualification.

Amendment    9

Proposal for a directive

Article 6 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

(1a)   A Member State may exempt boatmasters from the obligation set out in paragraph 1 where those boatmasters are operating exclusively on national inland waterways which are not linked to the navigable network of another Member State. An exempting Member State may issue national certificates of qualification which may be obtained under conditions that differ from the general conditions set out in this Directive. The validity of those national certificates of qualification shall be limited to those national inland waterways which are not linked to the navigable network of another Member State.

Amendment    10

Proposal for a directive

Article 8 – paragraph 3

 

Text proposed by the Commission

Amendment

3.   Within a period of six months from the notification, the Commission shall issue an implementing decision approving the proposed measures if they are in accordance with this Article and with Article 18, or, if it is not the case, requiring the Member State to amend or not adopt the proposed measure.

3.   Within a period of six months from the notification, the Commission shall adopt delegated acts in accordance with Article 29 in order to supplement this Directive by setting out the procedure for approving the proposed measures if they are in accordance with this Article and with Article 18, or, if it is not the case, for requiring the Member State to amend or not adopt the proposed measure.

(This amendment implies the modification of the article concerning the delegation of powers to include a reference to this paragraph.)

Justification

Classifying an inland waterway as high risk effectively amounts to a decision not to recognise harmonised qualifications on the stretch concerned. A delegated act is therefore a more appropriate way of authorising such exemptions than an implementing act.

Amendment    11

Proposal for a directive

Article 12 – point a

 

Text proposed by the Commission

Amendment

(a)  for Union certificate of qualification for crew members, satisfactory documentary evidence referred to in Article 10(1)(a) and (c) is submitted;

(a)  for Union certificate of qualification for deck crew members, satisfactory documentary evidence referred to in Article 10(1)(a) and (c) is submitted;

Justification

The aim of the proposal is the extension of the scope to all deck crew members beyond the boat masters.

Amendment    12

Proposal for a directive

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1.  Training programmes leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in Article 15(1) shall be approved by the competent authorities of the Member States in whose territory the relevant education or training institute is established.

1.  Member States may establish training programmes for persons referred to in Articles 4, 5 and 6. Member States shall ensure that such training programmes leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in Article 15(1) are approved by the competent authorities of the Member States in whose territory the relevant education or training institute carries out its training programmes.

Amendment    13

Proposal for a directive

Article 17 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  Member States shall recognise the diplomas or certificates awarded following the completion of training programmes approved by other Member States in accordance with paragraph 1.

Amendment    14

Proposal for a directive

Article 18 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

When applying this paragraph, the Member States shall apply objective, transparent, non-discriminatory and proportionate criteria.

When applying this paragraph, the Member States shall apply objective, transparent, non-discriminatory and proportionate criteria, taking into account the principles of equal opportunity and gender equality.

Amendment    15

Proposal for a directive

Article 19 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a.   Member States shall ensure that, as far as possible, nationals of other Member States are guaranteed access to simulators.

Justification

Given that not all Member States have simulators, it would seem logical for those that do to make every effort to ensure that nationals of other Member States are given access to them, either for examinations or for training purposes.

Amendment    16

Proposal for a directive

Article 22 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Personal data may be processed only for the purposes of:

Personal data may be processed only in accordance with the principles of personal data protection laid down in Directive 95/46/EC of the European Parliament and of the Council1a and for the purposes of:

 

______________

 

1a Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11. 1995, p. 31).

Amendment    17

Proposal for a directive

Article 27 – paragraph 2

Text proposed by the Commission

Amendment

2.  Member States shall exchange information with the competent authorities of other Member States concerning the certification of persons involved in the operation of a vessel.

2.  Member States shall exchange information with the competent authorities of other Member States concerning the certification of persons involved in the operation of a vessel. In doing so, they shall comply fully with the principles of personal data protection laid down in Directive 95/46/EC.

Amendment    18

Proposal for a directive

Article 29 – paragraph 2

 

Text proposed by the Commission

Amendment

2.  The delegation of power referred to in Articles 15(1) and (4), Articles 19, 21 and 23 (1) and (2) shall be conferred on the Commission for an indeterminate period of time from (*entry into force).

2.  The power to adopt delegated acts referred to in Articles 8(3), 15(1) and (4), Articles 19, 21 and 23(1) and(2) shall be conferred on the Commission for a period of five years from ...[date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than six months before the end of each period.

Justification

The delegation of power to the Commission should be limited in time and the right of the co-legislators to withdraw the delegation should be clearly expressed. Art. 8(3) should be rather a delegated than an implementing act and should thus be included in Art. 29 on the exercise of the delegation.

Amendment    19

Proposal for a directive

Article 29 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Amendment    20

Proposal for a directive

Article 32 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. Within one year of the entry into force of this Directive, the Commission shall gradually adopt delegated acts setting up:

1. Within one year of the entry into force of this Directive, the Commission shall gradually adopt delegated and implementing acts setting up:

Justification

This amendment rectifies an omission, since the list which follows also includes implementing acts to be adopted by the Commission.

Amendment    21

Proposal for a directive

Article 34 – paragraph 3 – introductory part

 

Text proposed by the Commission

Amendment

3.  Crew members other than boatmasters holding a certificate of qualification issued by a Member State prior to the date following the end of the transposition period referred to in Article 35 of this Directive or holding a qualification recognised in one or more Member States may still rely on that certificate or qualification for a maximum of 10 years after that date. During this period, crew members other than boatmasters may continue to rely on Directive 2005/36/EC for the recognition of their qualification by other Member States’ authorities. Before the expiry of this period, they may apply for a Union certificate of qualification or a certificate in application of Article 9(2) to a competent authority issuing such certificates, on condition that they provide satisfactory evidence as referred to in Article 10(1) (a) and (c) of this Directive and provide proof, by means of a service record book, of the following navigation time:

3.  Crew members other than boatmasters holding a certificate of qualification issued by a Member State prior to the date following the end of the transposition period referred to in Article 35 of this Directive or holding a qualification recognised in one or more Member States may still rely on that certificate or qualification for a maximum of 10 years after that date. During this period, crew members other than boatmasters may continue to rely on Directive 2005/36/EC for the recognition of their qualification by other Member States’ authorities. Before the expiry of this period, they may apply for a Union certificate of qualification or a certificate in application of Article 9(2) to a competent authority issuing such certificates, on condition that they provide satisfactory evidence as referred to in Article 10(1) (a) and (c) of this Directive and provide proof, by means of a service record book or logbook, of the following navigation time:

Justification

Logbooks shall as well be a possible means to keep record of navigation time. Moreover, both reference tools are treated equally in the following paragraph 4.

Amendment    22

Proposal for a directive

Article 35 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [3 years after the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... [5 years after the entry into force of this Directive]. They shall forthwith communicate to the Commission the text of those provisions.

Justification

Contrary to what the title of the proposal might imply, the future directive not only establishes a system for the mutual recognition of qualifications, but also harmonises all inland waterway navigation training and qualification procedures. It is therefore reasonable to give Member States and those employed in this sector more time to adapt.

Amendment    23

Proposal for a directive

Article 37

 

Text proposed by the Commission

Amendment

This Directive is addressed to the Member States.

This Directive is addressed to the Member States that have inland waterways as referred to in Article 3.

Justification

Like the directive laying down technical requirements for inland waterway vessels, this directive should be made binding only on those Member States in which the relevant inland waterways are situated.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Recognition of professional qualifications in inland navigation

References

COM(2016)0082 – C8-0061/2016 – 2016/0050(COD)

Committee responsible

       Date announced in plenary

TRAN

11.4.2016

 

 

 

Opinion by

       Date announced in plenary

JURI

11.4.2016

Rapporteur

       Date appointed

Joëlle Bergeron

15.3.2016

Discussed in committee

13.6.2016

 

 

 

Date adopted

12.7.2016

 

 

 

Result of final vote

+:

–:

0:

15

4

1

Members present for the final vote

Max Andersson, Joëlle Bergeron, Marie-Christine Boutonnet, Jean-Marie Cavada, Kostas Chrysogonos, Rosa Estaràs Ferragut, Laura Ferrara, Mary Honeyball, Dietmar Köster, Gilles Lebreton, António Marinho e Pinto, Jiří Maštálka, Emil Radev, Julia Reda, Pavel Svoboda, Tadeusz Zwiefka

Substitutes present for the final vote

Daniel Buda, Angel Dzhambazki, Sylvia-Yvonne Kaufmann, Stefano Maullu, Victor Negrescu


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Recognition of professional qualifications in inland navigation

References

COM(2016)0082 – C8-0061/2016 – 2016/0050(COD)

Date submitted to Parliament

18.2.2016

 

 

 

Committee responsible

       Date announced in plenary

TRAN

11.4.2016

 

 

 

Committees asked for opinions

       Date announced in plenary

EMPL

11.4.2016

IMCO

11.4.2016

JURI

11.4.2016

 

Not delivering opinions

       Date of decision

IMCO

15.3.2016

 

 

 

Associated committees

       Date announced in plenary

EMPL

15.9.2016

 

 

 

Rapporteurs

       Date appointed

Gesine Meissner

2.5.2016

 

 

 

Discussed in committee

15.6.2016

26.9.2016

9.11.2016

 

Date adopted

10.11.2016

 

 

 

Result of final vote

+:

–:

0:

35

4

2

Members present for the final vote

Daniela Aiuto, Lucy Anderson, Marie-Christine Arnautu, Georges Bach, Izaskun Bilbao Barandica, Deirdre Clune, Michael Cramer, Luis de Grandes Pascual, Andor Deli, Karima Delli, Isabella De Monte, Ismail Ertug, Jacqueline Foster, Bruno Gollnisch, Merja Kyllönen, Miltiadis Kyrkos, Bogusław Liberadzki, Peter Lundgren, Marian-Jean Marinescu, Gesine Meissner, Cláudia Monteiro de Aguiar, Renaud Muselier, Jens Nilsson, Markus Pieper, Salvatore Domenico Pogliese, Gabriele Preuß, Dominique Riquet, Massimiliano Salini, David-Maria Sassoli, Claudia Schmidt, Jill Seymour, Claudia Țapardel, Pavel Telička, István Ujhelyi, Peter van Dalen, Wim van de Camp, Roberts Zīle, Elżbieta Katarzyna Łukacijewska

Substitutes present for the final vote

Maria Grapini, Ramona Nicole Mănescu, Davor Škrlec

Substitutes under Rule 200(2) present for the final vote

Virginie Rozière

Date tabled

28.11.2016

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