Tag Archives: Inland waterway transport

Competition in transport by rail, road and inland waterway

Outline of the Community (European Union) legislation about Competition in transport by rail, road and inland waterway

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Competition > Rules applicable to specific sectors > Competition in transport

Competition in transport by rail, road and inland waterway

Document or Iniciative

Council Regulation (EC) No 169/2009 of 26 February 2009 applying rules of competition to transport by rail, road and inland waterway.

Summary

This regulation repeals Regulation (EEC) No 1017/68 with the exception of Article 13(3) of that regulation, which continues to apply to decisions adopted under Article 5 of Regulation (EEC) No 1017/68 before 1 May 2004 until the date of expiration of those decisions.

As provided for by Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) (ex-Articles 81 and 82 of the Treaty Establishing the European Community (TEC)), anticompetitive agreements and concerted practices, as well abuses of dominance are prohibited. This regulation applies to agreements, decisions and concerted practices which have as their object or effect:

the fixing of transport rates and conditions;
the limitation or control of the supply of transport;
the sharing of transport markets;
the application of technical improvements or technical cooperation;
the joint financing or acquisition of transport equipment or supplies where such operations are directly related to the provision of transport services and are necessary for the joint operation of services by a grouping of road or inland waterway transport firms.

Exception for technical agreements

The prohibition provided for in Article 101(1) TFEU does not apply to agreements, decisions or concerted practices which have the object and effect of applying technical improvements or achieving technical cooperation by means of:

the standardisation of equipment, transport supplies, vehicles or fixed installations;
the exchange or pooling, for the purpose of operating transport services, of staff, equipment, vehicles or fixed installations;
the organisation and execution of successive, complementary, substitute or combined transport operations, and the fixing and application of inclusive rates and conditions for such operations, including special competitive rates;
the use, for journeys by a single mode of transport, of the routes which are most rational from the operational point of view;
the coordination of transport timetables for connecting routes;
the grouping of single consignments;
the establishment of uniform rules as to the structure of tariffs and their conditions of application, provided such rules do not lay down transport rates and conditions.

Exemption for groups of small and medium-sized undertakings

This regulation also provides an exemption for groups of small and medium-sized undertakings, where the individual capacity of each firm belonging to a grouping may not exceed 1 000 tonnes for road transport or 50 000 tonnes for inland waterway transport (the total carrying capacity of any grouping must not exceed 10 000 tonnes for road transport and 500 000 tonnes for inland waterway transport). However, if the implementation of agreements, decisions or concerted practices has effects which are incompatible with the requirements of Article 101(3) TFEU, undertakings may be required to make such effects cease.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 169/2009	25.3.2009	–	O J L 61 of 5.3.2009

Waterborne transport

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Waterborne transport

Outline of the Community (European Union) legislation about Waterborne transport

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Waterborne transport

Waterborne transport

Waterborne transport covers maritime transport and inland navigation. The European Union encourages growth in maritime transport through a number of actions such as the modernisation of infrastructures or the harmonisation of equipment and procedures. Improving maritime safety and protecting the marine environment are also priorities.
The considerable potential of river transport has largely yet to be tapped. It offers the advantage of reducing the amount of traffic on roads. The EU is committed to breathing new life into the sector, particularly through the Naïades Action Programme.

OBJECTIVES AND BODIES

European maritime transport policy until 2018
Action plan for an integrated maritime policy
Programme for the promotion of short sea shipping
Maritime safety: European Maritime Safety Agency
Towards a European maritime transport space without barriers
Rights of passengers travelling by sea and inland waterway

INTERNAL MARKET

Freedom to supply services, competition, unfair pricing practices and free access to ocean trade
Freedom to provide maritime transport services
The insurance of shipowners for maritime claims
Freedom to provide services within the Member States (ocean trade)
Reporting formalities for ships
State aid to shipbuilding (I)
Maritime safety: registration of persons on board passenger ships
Transfer of cargo and passenger ships between registers within the EU
Statistical returns for carriage of goods and passengers by sea

PORT INFRASTRUCTURE

Port infrastructure: Green Paper
Port infrastructure: quality services in sea ports
Port facilities for ship-generated waste and cargo residues
LeaderSHIP 2015

EMPLOYMENT AND WORKING CONDITIONS

Strengthening of maritime labour standards
Organisation of seafarers’ working time
Organisation of hours of work on board ships using Community ports
Inland waterways: access to the occupation of carrier of goods by waterway and mutual recognition of diplomas
Seafarer training and recruitment
Maritime safety: Minimum level of training of seafarers

MARITIME SAFETY

Maritime safety: port State control
Maritime safety: Loading and unloading of bulk carriers
Maritime safety: Committee on Safe Seas
Maritime safety: International Safety Management (ISM) Code
Maritime safety: Erika I package
Maritime safety: accelerated phasing-in of double-hull oil tankers
Maritime safety: organisations responsible for monitoring and inspecting vessels (recast)
Ship inspection and survey organisations: legal framework
Maritime safety: Erika II
Compliance with flag State requirements
Maritime safety: Community monitoring, control and information system for maritime traffic
Maritime safety: tonnage measurement of ballast spaces in segregated ballast oil tankers
Safety rules and standards for passenger ships
Maritime safety: system of mandatory surveys for regular ro-ro ferry and high-speed passenger craft services
Liability of carriers of passengers by sea in the event of accidents
Maritime safety: marine equipment
Satellite-based Vessel Monitoring System (VMS)

MARITIME TRANSPORT AND THE ENVIRONMENT

A strategy for better ship dismantling practices
Strategy to reduce atmospheric emissions from seagoing ships
Maritime safety: prohibition of organotin compounds on ships
Maritime safety: prevention of pollution from ships
Ship-source pollution and criminal penalties
Maritime safety: Bunkers Convention
Maritime safety: compensation fund for oil pollution damage

NAVIGATION OF INLAND WATERWAYS

Promotion of inland waterway transport “NAIADES”
Inland navigation: structural improvements
Inland navigation: Community-fleet capacity policy
Inland navigation: reciprocal recognition of national boatmasters’ certificates for inland waterway navigation
Inland navigation: non-resident carriers
Inland navigation: harmonisation of conditions for obtaining national boatmasters’ certificates
Inland navigation: transport of goods or passengers by inland waterway between Member States
Inland navigation: conditions attached to chartering and pricing
Inland waterways: River information services
Technical requirements for inland waterway vessels
Inland transport of dangerous goods

MARITIME SECURITY

Maritime security: Ship and port facility security
Port infrastructure: enhancing port security

Rights of passengers travelling by sea and inland waterway

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Rights of passengers travelling by sea and inland waterway

Outline of the Community (European Union) legislation about Rights of passengers travelling by sea and inland waterway

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Mobility and passenger rights

Rights of passengers travelling by sea and inland waterway

Document or Iniciative

Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway.

Summary

This regulation applies to passengers travelling on passenger services * either departing from or arriving in a port within the European Union (EU), and on cruises where the port of embarkation is in the EU. It does not apply to passengers travelling:

on ships certified to carry up to 12 passengers;
on ships which have a crew of less than three persons or where the distance of the service is less than 500 metres;
on excursion and sightseeing tours;
on ships not propelled by mechanical means and historical ships, certified to carry up to 36 passengers.

Rights of disabled persons and persons with reduced mobility

Carriers, travel agents and tour operators must not refuse to accept reservations, issue tickets or embark persons on the grounds of disability or of reduced mobility, and nor must tickets be offered at an additional cost. Reservations and tickets may, however, be refused to disabled persons or persons with reduced mobility in order to meet applicable safety requirements and where the design of the passenger ship or port infrastructure and equipment makes the safe embarkation, disembarkation or carriage of disabled persons impossible. In the case of such a refusal, carriers, travel agents and tour operators must make all reasonable efforts to find an alternative means of transport for the person concerned.

Rights in the event of interrupted travel

In the event of a cancellation or a delayed departure of a passenger service, passengers must be informed by the carrier of the situation as soon as possible and no later than 30 minutes after the scheduled time of departure. In this case, carriers must also inform passengers of the estimated departure time and estimated arrival time as soon as such information is available. Where the departure is cancelled or delayed for more than 90 minutes, passengers must be offered free of charge snacks, meals or refreshments in reasonable relation to the waiting time. Where an overnight stay is necessary, the carrier must offer, where possible, free of charge accommodation for the passengers. The carrier may limit the total cost of accommodation to EUR 80 per night per passenger, for a maximum of three nights.

When a departure is cancelled or delayed for more than 90 minutes, passengers must immediately be offered the choice between re-routing to the final destination at the earliest opportunity and at no additional cost or reimbursement of the ticket price and, where appropriate, a return service free of charge to the first point of departure.

Passengers may also request compensation, in addition to the transport, from the carrier in the event of a delay in arrival at the final destination. The minimum level of compensation is 25 % of the ticket price for a delay of at least:

1 hour in the case of a scheduled journey of up to 4 hours;
2 hours in the case of a scheduled journey of between 4 and 8 hours;
3 hours in the case of a scheduled journey of between 8 and 24 hours;
6 hours in the case of a scheduled journey of more than 24 hours.

If the delay exceeds double the time set out above, the compensation will increase to 50 % of the ticket price. The compensation will be paid, either in vouchers or in money at the request of the passenger, within 1 month of the request for compensation. This compensation must not be reduced by financial transaction costs such as fees, telephone costs or stamps.

Carriers are not required to provide passengers with an overnight stay and compensation where the cancellation or delay is caused by weather conditions endangering the safe operation of the ship.

Carriers and terminal operators must establish or have in place an accessible complaint-handling mechanism for the rights and obligations provided for in this regulation. A passenger must submit a complaint within 2 months from the date on which the transport service was undertaken or when the service should have been undertaken. Within 1 month of receiving the complaint, the carrier or terminal operator must notify the passenger that the complaint has been substantiated, rejected or is still being considered. The final response must be provided within 2 months of the receipt of the complaint.

Each EU country must establish an independent national body with the mandate to enforce the regulation and to impose penalties where appropriate.

This regulation is applicable from 18 December 2012.

Key terms used in the act
Passenger service: a commercial passenger transport service by sea or inland waterways operated according to a published timetable.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EU) No 1177/2010	6.1.2011	–	OJ L 334, 17.12.2010

Inland waterways: River information services

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Inland waterways: River information services

Outline of the Community (European Union) legislation about Inland waterways: River information services

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Intelligent transport and navigation by satellite

Inland waterways: River information services

Document or Iniciative

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 [See amending acts].

Summary

This directive establishes a European Union (EU) framework for the implementation and use of harmonised river information services (RIS) in order to enhance the safety, efficiency and environmental friendliness of inland waterway transport as well as to ensure compatibility and interoperability with other modes of transport. This directive applies to all waterways of class IV or above across the EU.

RIS comprises services such as:

fairway information: the information systems contain geographical, hydrological and administrative data that are used by boat masters and fleet managers to plan, execute and monitor a voyage (e.g., water levels, traffic signs, opening hours of locks.);
traffic information services: these consist of tactical traffic information (display of the present vessel characteristics and movements on a limited part of the waterway) and strategic traffic information (display of vessels and their characteristics over a larger geographical area, including forecasts and analyses of future traffic situations);
traffic management: this is aimed at optimising the use of the infrastructure as well as facilitating safe navigation. Currently, the “VTS centres” (vessel traffic service centres) are designed to improve the safety and efficiency of vessel traffic and to protect the environment;
calamity abatement services: these services are responsible for registering vessels and their transport data at the beginning of a trip and updating the data during the voyage with the help of a ship reporting system. In the event of an accident, the responsible authorities are capable of providing the data immediately to the rescue and emergency teams;
information for transport management: this information includes estimated times of arrival (ETAs) provided by boat masters and fleet managers based on fairway information making it possible to plan resources for port and terminal processes. Lastly, the information on cargo and fleet management basically comprises two types of information: information on the vessels and the fleet and detailed information on the cargo transported;
statistics and customs services: RIS will improve and facilitate the collection of inland waterway statistical data in EU countries;
waterway charges and port dues: the travel data of the ship can be used to automatically calculate the charge and initiate the invoicing procedure.

EU countries must take the necessary measures to implement RIS and the principles for their development. EU countries must therefore:

supply to RIS users all relevant data concerning navigation on the inland waterways referred to in the previous paragraph;
ensure that electronic charts suitable for navigational purposes are available to RIS users;
enable, as far as ship reporting is required by national or international regulations, the competent authorities to receive electronic ship reports on the voyage and cargo data of ships;
ensure that notices to boat masters, including water level and ice reports for the inland waterways, are provided as standardised, encoded and downloadable messages; the standard message must contain at least the information needed for safe navigation;
establish RIS centres according to regional necessities;
make available the VHF channels for the purposes of automatic identification systems as determined in the Basel agreement;
encourage boat masters, operators or agents of vessels navigating on their waterways, shippers or owners of goods carried on board such vessels to make ful use of these new services.

In order to ensure harmonised and interoperable implementation of RIS, guidelines and technical specifications need to be established. The guidelines will cover the technical principles and requirements for the planning, implementing and operational use of RIS and related systems.

Technical specifications are envisaged in particular for the Electronic Chart Display and Information System for Inland Navigation (Inland ECDIS), electronic ship reporting, notices to boat masters and vessel tracking and tracing systems such as AIS (Automatic Identification Systems).

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2005/44/EC	20.10.2005	20.10.2007	OJ L 255 of 30.9.2005

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EU) 219/2009	20.4.2009	–	OJ L 87 of 31.3.2009

Successive amendments and corrections to Directive 2005/44/EC have been incorporated in the basic text. This consolidated versionis for reference purposes only.

Elimination of controls at frontiers in road and inland waterway transport

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Elimination of controls at frontiers in road and inland waterway transport

Outline of the Community (European Union) legislation about Elimination of controls at frontiers in road and inland waterway transport

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Customs

Elimination of controls at frontiers in road and inland waterway transport

Document or Iniciative

Regulation (EC) No 1100/2008 of the European Parliament and of the Council of 22 October 2008 on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (Text with EEA relevance).

Summary

This regulation eliminates frontier * controls * on road vehicles and inland waterway vessels travelling between European Union (EU) countries. Checks, inspections, verifications or formalities must no longer be performed as border controls within the EU, but simply as part of the normal control procedures applied in a non-discriminatory manner throughout the territory of an EU country.

The controls concerned are referred to in Annex I of this regulation. The Commission may propose amendments to this annex to take account of relevant technological developments. The annex refers to both EU and national legislation which provide for controls and inspections, including:

checks on the maximum authorised weights and dimensions of road vehicles;
checks on documentation showing roadworthiness of motor vehicles and their trailers;
inspections to verify that technical requirements for inland waterway vessels are fulfilled;
inspections of passenger lists on bus and coach services;
driving licence checks;
controls relating to the means of transport for dangerous goods;
controls relating to the means of transport for perishable foodstuffs.

Key terms used in the act
Frontier: either an internal frontier within the EU or an external frontier, where carriage between EU countries involves crossing a non-EU country. Control: any check, inspection, verification or formality performed at the frontiers of EU countries by the national authorities which signifies a stop or a restriction on the free movement of the vehicles or vessels concerned.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1100/2008	4.12.2008	–	OJ L 304 of 14.11.2008