Commission Delegated Regulation (EU) 2020/474 of 20 January 2020 on the European Hull Data Base

• CELEX: Delegated Regulation (EU) 2020/474
• Articles: 11

Article 1 Subject matter and scope

This Regulation lays down rules on the collection, processing and access of the data kept in the European Hull Data Base (EHDB) referred to in Article 19 of Directive (EU) 2016/1629, as well as the types of access permitted and the instructions regarding the use and operation of the database.

Article 2 Collecting data

Member States shall enter in the EHDB the data for the identification of a craft referred to in Annex 1 to this Regulation.

Article 3 Full access of and processing of the data in the EHDB

1.   The data shall be accessed and processed by the competent authorities of the Member States, by the contracting parties to the Revised Convention for Rhine Navigation and by third countries entrusted with the tasks related to the application of Directives (EU) 2016/1629 and 2005/44/EC in order to support the implementation of administrative measures for maintaining safety and ease of navigation and to ensure application of Directive (EU) 2016/1629.

2.   Each Member State, contracting party to the Revised Convention for Rhine Navigation and third country referred to in paragraph 1 shall notify the Commission the names and addresses of the competent authorities referred to in paragraph 1.

3.   Member States shall ensure consistency between the data kept in registers referred to in Article 17 of Directive (EU) 2016/1629 and data provided in the EHDB.

4.   Full access to the EHDB shall be granted in accordance with Annex 3 to this Regulation.

Article 4 Read-only access to the EHDB

1.   In order to perform administrative measures for ensuring waterway traffic and infrastructure management, maintaining or enforcing safety of navigation and collecting statistical data, read-only access to the EHDB may be granted to authorities, other than those referred to in Article 3 of Member States, of contracting parties to the Revised Convention for Rhine Navigation and of third countries referred to in Article 3(1) of this Regulation.

2.   Each Member State, contracting party to the Revised Convention for Rhine Navigation or third country shall notify the Commission of the names and addresses of the bodies referred to in paragraph 1, indicating their user profiles in accordance with Annex 2 to this Regulation.

3.   The read-only access to the EHDB shall be granted in accordance with Annex 4 to this Regulation.

Article 5 Single contact point for the EHDB

1.   Each Member State, contracting party to the Revised Convention for Rhine Navigation and third country referred to in Article 3(1) shall designate a single contact point for the Commission and other Member States, in order to facilitate the exchange of information on the validation of the access in accordance with Articles 3 and 4. Notifications in accordance with paragraph (2) of Article 3 and paragraph (2) of Article 4 shall be done by recording the relevant information in the EHDB.

2.   The single contact point shall be selected among the competent authorities referred to in Article 3(1) of this Regulation.

3.   Each Member State, contracting party to the Revised Convention for Rhine Navigation and third country referred to in Article 3(1) of this Regulation shall notify the Commission the names and contact details of the single contact point for the EHDB.

Article 6 Entry into force

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

Schedules & Appendices

ANNEX 1 The data for the identification of a craft

ANNEX 1

The data for the identification of a craft

The list of data for the identification of a vessel as set out in Annex 2 of the applicable European Standard laying down Technical Requirements for Inland Navigation vessels shall be those referred to in Annex II to Directive (EU) 2016/1629.

ANNEX 2 User profiles and access rights

ANNEX 2

User profiles and access rights

1.1.

The Commission shall grant access rights to individual users corresponding to the user profiles laid down in Table 1.

1.2.

The Commission may also grant access to the EHDB to international organisations and authorities of a third country, in accordance with Article 19(5) of Directive (EU) 2016/1629 where the requirements set out in Article 46 of Regulation (EU) 2018/1725 are fulfilled. User profiles or their access rights can be limited following the result of the assessment concerning the level of protection of natural persons’ personal data.

User profiles

Definition

Access rights

Technical Certification Authority

Competent authority or inspection body for the issuance of the Union inland navigation certificates in accordance with Article 6 of Directive (EU) 2016/1629

Or

Inspection body for the issuance of certificate pursuant to Article 22 of the Revised Convention for Rhine Navigation

Or

Similar competent authority of third countries that is entrusted with tasks related to the application of Directive (EU) 2016/1629

Or

Competent authority for the issuance of the unique European vessel identification number in accordance with Article 18 of Directive (EU) 2016/1629

Full access

RIS Authority

Competent authority for the RIS application and for the international exchange of data in accordance with Article 8 of Directive 2005/44/EC

Or

Organisation assigned or contracted to operate the RIS-System and to provide RIS-Services as defined in Directive 2005/44/EC

Full access (limited to the application of Directive 2005/44/EC)

Statistic office

National or international offices in charge of collecting statistical data.

Read-only access to be determined following the result of the assessment concerning the level of protection of natural persons’ personal data

International organisations

Authorised users in international organisations

Read-only access to be determined following the result of the assessment concerning the level of protection of natural persons’ personal data

Other bodies

All bodies ensuring waterway traffic and infrastructure management, as well as maintaining or enforcing safety of navigation, such as:

—

competent authority for traffic management

—

lock or bridge operator

—

rescue and emergency service provider

—

law enforcement authorities

—

accident investigation body

Read-only access

Commission staff

Authorised users

(a)

in charge of keeping the EHDB; or

(b)

in charge of inland navigation policies

Provider of the technical solution for all functionalities;

Read-only access

ANNEX 3 Full access and processing the data in the EHDB

ANNEX 3

Full access and processing the data in the EHDB

1.

Validation of full access and process of the data in the EHDB shall be carried out as follows:

(a)

submission of a request through the EHDB for opening an account allowing full access and process of the data;

(b)

validation shall be done by a relevant single contact point for the EHDB;

(c)

activation of the account.

2.

The Commission may deactivate the account if the user does not meet requirements of this Regulation.

ANNEX 4 Read-only access to the EHDB

ANNEX 4

Read-only access to the EHDB

1.

Validation of read-only access to the EHDB shall be carried out as follows:

(a)

submission of a request through the EHDB to open an account allowing read-only access to the database;

(b)

validation shall be done by a relevant single contact point for the EHDB;

(c)

activation of the account.

2.

The Commission may deactivate the account if the user does not meet requirements of this Regulation.

3.

The competent authorities are responsible for the regular monitoring and verification of the access provided by them to the authorities referred to in Article 4(1).

ANNEX 5 Functionalities

ANNEX 5

Functionalities

The following functionalities shall be provided through the EHDB:

1.

Verification of the vessel’s unique European vessel identification number (ENI) in the EHDB:

The EHDB shall allow competent authorities to check, either on the basis of a ENI or of data for the identification of a craft, whether a craft is already registered in the system.

2.

Consultation of data on certificates of crafts:

The EHDB shall provide access to data on certificates (issued in accordance with Directive (EU) 2016/1629) of crafts and of data for the identification of a craft as made available by the national registers.

3.

Consultation of data on any rejected or pending applications for certificates:

The EHDB shall provide access to data on status (rejected or pending) on applications for certificates in accordance with Directive (EU) 2016/1629.

4.

Access to a digital copy of a craft’s certificates:

The EHDB shall provide access to a digital copy of all certificates issued by competent authorities in accordance with Directive (EU) 2016/1629.

5.

Generating statistics:

The EHDB shall contain features to provide data for authorised users to perform queries for statistical purposes.

6.

Management of user access:

Users shall access the EHDB through the Commission authentication service (EU Login).