Introductory text

THE COUNCIL OF THE EUROPEAN UNION

Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof,

Having regard to the proposal from the Commission^f1,

Having regard to the opinion of the Economic and Social Committee^f2,

Acting in accordance with the procedure referred to in Article 189c of the Treaty^f3,

Whereas common provisions on the sailing of inland waterway vessels on the Community's inland waterways should be introduced; whereas a first step towards this goal was accomplished with the adoption of Council Directive 91/672/EEC of 19 December 1991 on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway^f4;

Whereas, because of differences in national legislation relating to the conditions for obtaining boatmasters' certificates for inland navigation and the need to make safety requirements in the inland navigation industry gradually stricter, Community rules for the issue of such certificates should be adopted in order to prevent any distorsions of competition;

Whereas, in order to guarantee the necessary uniformity and transparency, the Community should define a model for a single national boatmasters' certificate, mutually recognized by the Member States with no exchange obligation, responsibility for the granting of which would, in accordance with the subsidiarity principle, lie with the Member States;

Whereas national navigable waterways not linked to the navigable network of another Member State are not subject to international competition and it is therefore not necessary to make compulsory on those waterways the common provisions for the granting of boatmasters' certificates laid down in this Directive;

Whereas the main objective of these common provisions must be to improve the safety of navigation and the protection of human life; whereas it appears therefore essential that these provisions establish the minimum requirements which the applicant must meet in order to obtain the boatmasters' certificate for inland navigation;

Whereas the requirements in question must concern at least the age required to sail a vessel, the physical and mental fitness of applicants, their professional experience and knowledge of certain subjects relating to the sailing of a vessel; whereas, in the interests of the safety of the vessel and of the persons on board, Member States may impose additional requirements regarding in particular the knowledge of certain local situations; whereas additional professional knowledge is required to navigate with the aid of radar or to sail a vessel carrying passengers;

Whereas it is necessary to make provision for appropriate procedures to adapt the Annexes of this Directive; whereas it is thus appropriate that the Committee set up by Article 7 of Directive 91/672/EEC should assist the Commission in adapting the Annexes,

HAS ADOPTED THIS DIRECTIVE: