Commission Implementing Regulation (EU) 2018/1973 of 7 December 2018 amending Implementing Regulation (EU) No 909/2013 on the technical specifications for the electronic chart display and information system for inland navigation (Inland ECDIS) referred to in Directive 2005/44/EC of the European Parliament and of the Council

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2005/44/EC of the European Parliament and of the Council of 7 September 2005 on harmonised river information services (RIS) on inland waterways in the Community (1), and in particular point (a) of Article 5(1) thereof,

Whereas:

(1) The purpose of using the electronic chart display and information system for inland navigation (Inland ECDIS) is to contribute to the safety and efficiency of inland navigation. For that reason, the technical specifications defined in Commission Implementing Regulation (EU) No 909/2013 (2) for the Inland ECDIS device and the Inland Electronic Navigational Chart (Inland ENC) should be further revised and clarified.

(2) The revised technical specifications should take due account of the technological progress and the experience gained from the application of Implementing Regulation (EU) No 909/2013.

(3) The technical specifications for Inland ECDIS should be based on the technical principles set out in Annex II to Directive 2005/44/EC.

(4) The revised technical specifications should take due account of the latest internationally adopted standards and experience gained as a result of their application, such as the relevant standards by the United Nations Economic Commission for Europe (UNECE), the International Hydrographic Organization (IHO), the Central Commission for the Navigation of the Rhine (CCNR) and other international bodies.

(5) The revised technical specifications for Inland ECDIS should take due account of the work carried out by the expert group on Inland ECDIS, which is composed of representatives of the authorities of the Member States responsible for the implementation of Inland ECDIS and official members from other governmental bodies as well as observers from the industry.

(6) The revised technical specifications for the Inland ENC should take due account of the work carried out by the Inland ENC Harmonization Group (IEHG), which is comprised of representatives from government, industry and academia.

(7) The reference to UNECE standards or other standards in this Regulation should not create any precedent for future Union standards related to inland navigation, river information services or Inland ECDIS.

(8) Implementing Regulation (EU) No 909/2013 defined technical specifications for Inland ECDIS for navigation mode. However, on some waterways, competent authorities also enacted carriage requirements for Inland ECDIS devices for information mode. In order to harmonise the devices in use on those waterways and to ensure safety of navigation, mandatory minimum requirements should be adopted for Inland ECDIS devices in information mode on the waterways with obligatory carriage of Inland ECDIS. On waterways with no obligatory carriage of Inland ECDIS in information mode, the minimum requirements for information mode should serve as recommendations.

(9) Reliable updated information related to water depth (bathymetric information) in ENCs should be published in a timely manner in order to contribute to the safety and efficiency of inland navigation. For that reason, the provision of information about the water depth should be standardised.

(10) It is necessary to extend the list of waterways codes established in the Annex to Implementing Regulation (EU) No 909/2013 in order to enable Member States to encode waterways objects in a consistent manner on the relevant waterways. Additional waterway codes can be requested electronically at the Inland ENC Harmonization Group recognised by the International Hydrographic Organisation.

(11) In accordance with Article 12(2) of Directive 2005/44/EC, in order to comply with Article 4 of this Directive, Member States should take the necessary measures to implement the requirements laid down in this Regulation not later than 30 months after its entry into force.

(12) Implementing Regulation (EU) No 909/2013 should therefore be amended accordingly.

(13) The measures provided for in this Regulation are in accordance with the opinion of the Committee established pursuant to Article 7 of Council Directive 91/672/EEC (3),

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Implementing Regulation (EU) No 909/2013 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels, 7 December 2018.

For the Commission The President Jean-Claude JUNCKER

(1) OJ L 255, 30.9.2005, p. 152.

(2) Commission Implementing Regulation (EU) No 909/2013 of 10 September 2013 on the technical specifications for the electronic chart display and information system for inland navigation (Inland ECDIS) referred to in Directive 2005/44/EC of the European Parliament and of the Council (OJ L 258, 28.9.2013, p. 1).

(3) Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway (OJ L 373, 31.12.1991, p. 29).