The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) (Amendment) Regulations 2019

• Citation: S.I. 2019/160
• Sections: 14

Section 1 Citation and commencement

(1) These Regulations may be cited as the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) (Amendment) Regulations 2019.

(2) These Regulations come into force on 23rd February 2019.

Section 2 Amendment of Regulations

The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010 are amended as follows.

Section 3 Amendment of Regulations

In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) for the definition of “ Directive 2006/87/EC ” , substitute—

“ Directive (EU) 2016/1629 ” means Directive (EU) 2016/1629 of the European Parliament and of the Council of 14th September 2016 laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC ,

(ii) before the definition of “Government ship”, insert—

“flag state”, in relation to a vessel, means the state whose flag the vessel is entitled to fly,

(iii) for the definition of “passenger vessel”, substitute—

“passenger vessel” means a day trip or cabin vessel constructed and equipped to carry more than 12 passengers,

(iv) for the definition of “technical requirements of Annex II to Directive 2006/87/EC ” and the word “and” immediately following it, substitute—

“technical requirements of Annex II” means the technical requirements contained in ES-TRIN standard 2017/1 as referred to in Annex II to Directive (EU) 2016/1629 and as set out in Merchant Shipping Notice MSN 1880(M) —

excluding the transitional provisions contained in Chapter 32 of ES-TRIN standard 2017/1 for craft navigating on the Rhine, but

including the transitional provisions contained in Chapter 33 of ES-TRIN standard 2017/1 for craft operating exclusively on waterways outside the Rhine,

“technical requirements of Annex V” means the technical requirements of Annex V to Directive (EU) 2016/1629 as set out in Merchant Shipping Notice MSN 1881(M), and

(b) in paragraph (2)—

(i) for sub-paragraph (a), substitute—

(a) a reference to a waterway which is—

(i) a Zone 1, 2 or 3 waterway is a reference to such a waterway as so classified by Article 4.1(a)(i) or (ii) of Directive (EU) 2016/1629 ,

(ii) a Zone 4 waterway is a reference to a waterway of category A (as categorised in Merchant Shipping Notice MSN 1837(M), Amendment 2),

(ii) omit sub-paragraph (b);

(iii) in sub-paragraph (c) for “ Directive 2009/100/EC ”, substitute “ Directive 2009/100/EC ”; and

(iv) in sub-paragraph (d) for “ Directive 2006/87/EC ”, substitute “ Directive (EU) 2016/1629 ”.

Section 4 Amendment of Regulations

In regulation 3 (application), in paragraph (3)—

(a) at the end of sub-paragraph (b) omit “or”;

(b) at the end of sub-paragraph (c) insert—

; or

(d) in the case of a seagoing vessel which does not hold all the relevant Convention Certificates, the relevant certificates and the freeboard marks required by the law of its flag state

Section 5 Amendment of Regulations

In regulation 4 (exemptions: vessels operating on waterways not linked to other Member States), in paragraph (1)(a), omit “, tugs, pushers”.

Section 6 Amendment of Regulations

In regulation 5 (exemptions: limited journeys of local interest or in harbour areas), in paragraph (2)(b) in each place where the word “Community” occurs, substitute “Union” .

Section 7 Amendment of Regulations

For regulation 6 (obligation to carry a certificate), substitute—

(6)

(1) A vessel operating on a Zone 1, 2, 3 or 4 waterway must carry—

(a) a valid Union inland navigation certificate which attests compliance with the technical requirements of Annex II and the technical requirements of Annex V, or

(b) a valid certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation .

(2) In addition to the certificates referred to in paragraph (1), a valid supplementary Union inland navigation certificate which attests compliance with the relevant additional United Kingdom technical requirements set out in paragraph (3) must be carried by—

(a) vessels operating on Zone 1 and 2 waterways, and

(b) passenger vessels operating on Zone 3 waterways.

(3) The relevant additional United Kingdom technical requirements referred to in paragraph (2) are—

(a) for vessels operating on Zone 1 and 2 waterways those—

(i) adopted in accordance with Article 23(1) of Directive (EU) 2016/1629 ,

(ii) notified to the Commission in accordance with Article 23(5) of that Directive, and

(iii) specified in Merchant Shipping Notice MSN 1879(M),

(b) for passenger vessels operating on Zone 3 waterways those—

(i) maintained in accordance with Article 23(2) of Directive (EU) 2016/1629 ,

(ii) notified to the Commission in accordance with Article 23(5) of that Directive, and

(iii) specified in Merchant Shipping Notice MSN 1879(M).

Section 8 Amendment of Regulations

Omit regulation 7 (reduced requirements for vessels operating only on Zone 4 waterways).

Section 9 Amendment of Regulations

Omit regulation 8 (vessels carrying Rhine navigation certificates).

Section 10 Amendment of Regulations

For regulation 9 (community inland navigation certificates and supplementary community inland navigation certificates) and the heading immediately preceding it, substitute–

Union inland navigation certificates and supplementary Union inland navigation certificates

(9)

(1) A valid Union inland navigation certificate is a certificate—

(a) in the form set out in section I of Annex 3 to ES-TRIN standard 2017/1 as set out in Merchant Shipping Notice MSN 1880(M), and

(b) issued by a competent authority of an EEA State in accordance with Directive (EU) 2016/1629 in respect of the waterway concerned.

(2) A valid supplementary Union inland navigation certificate is a certificate—

(a) in the form set out in section II of Annex 3 to ES-TRIN standard 2017/1 as set out in Merchant Shipping Notice MSN 1880(M), and

(b) issued by a competent authority of an EEA State in accordance with Directive (EU) 2016/1629 in respect of the waterway concerned.

(3) A valid supplementary Union inland navigation certificate must specify the additional technical requirements adopted, maintained, notified or amended in accordance with Article 23(1), (2) and (5) of Directive (EU) 2016/1629 .

Section 11 Amendment of Regulations

In regulation 10 (recognition of navigability certificates of third countries), in paragraph (b), for the word “Community” substitute “supplementary Union”.

Section 12 Amendment of Regulations

In regulation 12 (inspection and remedial measures), for paragraph (1) substitute—

(1) An inspector may check at any time whether a vessel to which these Regulations apply—

(a) is carrying—

(i) a valid Union inland navigation certificate and, in the relevant circumstances, a valid supplementary Union inland navigation certificate, or

(ii) a valid certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation and, in the relevant circumstances, a valid supplementary Union inland navigation certificate,

(b) satisfies the requirements set out in such a certificate or certificates,

(c) constitutes a manifest danger for the persons on board, the environment or the navigation.

(1A) The relevant circumstances referred to in paragraph (1)(a) are that the vessel is—

(a) operating on Zone 1 and 2 waterways, or

(b) a passenger vessel operating on Zone 3 waterways.

Section 13 Amendment of Regulations

After regulation 14 (amendment of regulations) insert—

Transitional provision

(15)

(1) A Community inland navigation certificate or supplementary Community inland navigation certificate issued in accordance with Directive 2006/87/EC before 6th October 2016 shall remain valid until it expires.

(2) In this regulation, “ Directive 2006/87/EC ” means Directive 2006/87/EC dated 12th December 2006 of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC , as amended by—

(a) Directive 2006/137/EC dated 18th December 2006 of the European Parliament and of the Council amending Directive 2006/87/EC laying down technical requirements for inland waterway vessels ,

(b) Directive 2008/59/EC dated 12th June 2008 of the European Parliament and of the Council adapting Directive 2006/87/EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels, by reason of the accession of the Republic of Bulgaria and Romania ,

(c) Directive 2008/68/EC dated 24th December 2008 of the European Parliament and of the Council on the inland transport of dangerous goods , and

(d) Commission Directive 2008/87/EC dated 22nd September 2008 , Commission Directive 2008/126/EC dated 19th December 2008 and Commission Directive 2009/46/EC dated 24th April 2009 , each amending Directive 2006/87/EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels.

Section 14 Amendment of Regulations

In Schedule 1 (recognition of navigability licences)—

(a) in paragraph 1(a), for “1805” substitute “1894”;

(b) in paragraph 1(b)—

(i) in paragraph (i), for “ Directive 2009/100/EC ” substitute “ Directive 2009/100/EC ”;

(ii) in paragraph (ii), for “Rhine Vessels Inspection Regulations as referred to in Article 1 of Directive 2009/100/EC ” substitute “Rhine Vessel Inspection Regulations as referred to in Article 1 of Directive 2009/100/EC ”; and

(iii) in paragraph (iii), for “Agreement on transport of dangerous goods on the Rhine as referred to in Article 1 of Directive 2009/100/EC ” substitute “European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways as referred to in Article 1 of Directive 2009/100/EC ”; and

(c) in paragraph 2, omit “, other than a maritime shipping lane of the United Kingdom which is specified in Merchant Shipping Notice 1805 and has been notified to the European Commission”.