Commission Delegated Regulation (EU) 2023/2477 of 30 August 2023 amending Directive (EU) 2016/1629 of the European Parliament and of the Council as regards the classification of Union inland waterways and the minimum technical requirements applicable to craft

THE EUROPEAN COMMISSION,

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

Having regard to 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 (1), and in particular Article 4(2) and Article 31(1) thereof,

Whereas:

(1) Directive (EU) 2016/1629 establishes a harmonised system for issuing technical certificates for inland waterway vessels compliant with unified technical requirements.

(2) Annex I to Directive (EU) 2016/1629 sets out a list of Union inland waterways divided geographically into Zones 1, 2 and 3.

(3) Modification of the classification of a waterway, including the addition and deletion of waterways, can be done only on request by the Member State concerned, for waterways on its territory.

(4) The French Republic has requested to modify the classification of waterways in Zone 1 on its territory. In particular, it provided the precise positions and description of Zone 1 in France.

(5) The Federal Republic of Germany has requested to modify the list of waterways in Zones 1, 2 and 3 on its territory. In particular, it specified and described the waterways in Zones 2 and 3 on its territory, it provided the detailed mileage of the Elbe and a clear description of the mouth of specific rivers.

(6) Furthermore, Annex II to Directive (EU) 2016/1629 sets out that the technical requirements applicable to crafts on Union inland waterways of Zones 1, 2 and 3 are those set out in ES-TRIN standard 2021/1. ES-TRIN standards lay down the uniform technical requirements necessary to ensure the safety of inland navigation vessels, taking into account the type of vessel, including the zone in which it operates. Therefore changes in the Zones within Member States may impact applicability of ES-TRIN in those areas.

(7) Union action in the sector of inland navigation should aim to ensure uniformity in the development of technical requirements for inland waterway vessels in the Union.

(8) The European Committee for drawing up standards in the field of inland navigation (‘CESNI’) was set up on 3 June 2015 in the framework of the Central Commission for the Navigation on the Rhine (‘CCNR’) in order to develop technical standards for inland waterways in various fields, in particular as regards vessels, information technology and crew.

(9) At its meeting on 13 October 2022, CESNI adopted a new European Standard laying down Technical Requirements for Inland Navigations vessels, namely ES-TRIN 2023/1 (2). The new standard includes provisions regarding shipbuilding, fitting out and equipment for inland navigation vessels, special provisions regarding specific categories of vessels such as passenger vessels, pushed convoys and container vessels, provisions regarding the automatic identification system equipment, provisions regarding vessels identification, a model of certificates and register, transitional provisions as well as instructions for the application of the technical standard.

(10) Directive (EU) 2016/1629 should therefore be amended accordingly.

(11) In order to allow Member States to adapt their internal rules of technical and inspection bodies to the new ES-TRIN 2023/1, the application of ES-TRIN 2023/1 should be deferred,

HAS ADOPTED THIS REGULATION:

Article 1

Directive (EU) 2016/1629 is amended as follows:

(1) Annex I is replaced by the text in Annex I to this Regulation;

(2) Annex II is replaced by the text in Annex II to this Regulation.

Article 2

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

Article 1 , point 2 shall apply from 1 January 2024.

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

Done at Brussels, 30 August 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 252, 16.9.2016, p. 118.

(2) Resolution CESNI 2022-II-1.