Commission Implementing Regulation (EU) 2019/1744 of 17 September 2019 on technical specifications for electronic ship reporting in inland navigation and repealing Regulation (EU) No 164/2010

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 (b) of Article 5(1) thereof,

Whereas:

(1) Electronic reporting in inland navigation should contribute to the safety and efficiency of inland navigation, by enabling electronic data interchange for reporting purposes to and between competent authorities and to facilitate electronic data interchange among the parties involved in inland waterway transport. Electronic reporting should help to avoid multiple reporting of the same data to competent authorities and other parties in the transport chain.

(2) The development of harmonised river information services (RIS) laid down in Directive 2005/44/EC requires the establishment of technical specifications, including, inter alia, on electronic ship reporting.

(3) The technical specifications for electronic ship reporting laid down in Commission Regulation (EU) No 164/2010 (2) specify the messages, data items, codes and references to be used in electronic reporting for enabling specific services and functions of RIS in line with Directive 2005/44/EC.

(4) Technical specifications for electronic ship reporting should take due account of the technological progress and the experiences gained from their application, including the introduction of mandatory electronic reporting requirements on major rivers in Europe. For that reason, the technical specifications defined in Regulation (EU) No 164/2010 should be revised and clarified.

(5) The revised technical specifications should take due account of the latest internationally adopted standards, guidelines and experiences gained as a result of their application, such as the relevant standards by the United Nations Economic Commission for Europe (UNECE), the Central Commission for the Navigation of the Rhine (CCNR) and other international bodies. In addition, the specific provisions of Directive (EU) 2016/1629 of the European Parliament and of the Council (3) and Commission Implementing Regulation (EU) 2018/2032 (4) should be considered.

(6) The revised technical specifications should take due account of the requirement of compatibility with other modes of transport, in particular maritime transport. This should be achieved by making use of internationally standardised notification messages, accepted code lists and classifications and following guidelines as defined by the Protect (5) group.

(7) Pursuant to Article 12(2) of Directive 2005/44/EC technical specifications should enter into force immediately after their publication and Member States should apply those specifications not later than 30 months after entry into force.

(8) Taking into account the extent of required changes, Regulation (EU) No 164/2010 should be repealed.

(9) The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 11 of Directive 2005/44/EC,

HAS ADOPTED THIS REGULATION:

Article 1

The technical specifications for electronic ship reporting in inland navigation shall be as set out in the Annex.

Article 2

Regulation (EU) No 164/2010 is repealed.

Article 3

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

It shall apply not later than 30 months after its entry into force.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 September 2019.

For the Commission The President Jean-Claude JUNCKER

(1) OJ L 255, 30.9.2005, p. 152.

(2) Commission Regulation (EU) No 164/2010 of 25 January 2010 on the technical specifications for electronic ship reporting in inland navigation referred to in Article 5 of Directive 2005/44/EC of the European Parliament and of the Council on harmonised river information services (RIS) on inland waterways in the Community (OJ L 57, 6.3.2010, p. 1).

(3) 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).

(4) Commission Implementing Regulation (EU) 2018/2032 of 20 November 2018 amending Commission Regulation (EC) No 416/2007 of 22 March 2007 concerning the technical specifications for Notices to Skippers (OJ L 332, 28.12.2018, p. 1).

(5) Protect: an organisation of European seaports that have developed common implementation guidelines for electronic standard messages (www.protect-group.org).