OPINION OF THE COMMISSION on the amendments proposed by the European Parliament to the Council' s common position on the proposal for a COUNCIL DIRECTIVE ON THE HARMONIZATION OF THE CONDITIONS FOR OBTAINING NATIONAL BOATMASTERS' CERTIFICATES FOR THE CARRIAGE OF GOODS AND PASSENGERS BY INLAND WATERWAY IN THE COMMUNITY
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 12. 06. 1996 COM(96) 281 final 94/0196 (SYN) OPINION OF THE COMMISSION on the amendments proposed by the European Parliament to the Council's common position on the proposal for a COUNCIL DIRECTIVE ON THE HARMONIZATION OF THE CONDITIONS FOR OBTAINING NATIONAL BOATMASTERS' CERTIFICATES FOR THE CARRIAGE OF GOODS AND PASSENGERS BY INLAND WATERWAY IN THE COMMUNITY (presented by the Commission pursuant to Article 189 c (d) of the EC Treaty) COMMISSION OPINION on the amendments proposed by the European Parliament to the common position of the Council on the proposal for a COUNCIL DIRECTIVE ON THE HARMONIZATION OF THE CONDITIONS FOR OBTAINING NATIONAL BOATMASTERS' CERTIFICATES FOR THE CARRIAGE OF GOODS AND PASSENGERS BY INLAND WATERWAY IN THE COMMUNITY On 9 May 1996 Parliament proposed amendments to the common position adopted by the Council on the abovementioned proposal on 8 December 1995. The five amendments proposed by Parliament are annexed. Pursuant to Article 189c(d) of the EC Treaty, the Commission has re-examined its proposal and decided not to incorporate these amendments for the following reasons: The amendments are not in line with the compromises accepted by the Commission at Council level. Most of them are designed to restore the Commission's original text or are identical to the amendments proposed at first reading, despite the fact that they were refused by the Council and the Commission accepted its refusal. The Commission also notes that there is no amendment expressing Parliament's position on the new provisions added by the Council's common position. Consequently, the Commission confirms its agreement with the Council's common position of 8 December 1995. Annex: 5 amendments EUROPEAN PARLIAMENT 1996 - 1997 SESSION Decision of the European Parliament on the common position established by the Council with a view to the adoption of a Directive on the harmonization of the conditions for obtaining national boat-Masters' certificates for the carriage of goods and passengers by inland waterway in the Community (A4-0128/96 - C4-0068/96). EXTRACT FROM THE MINUTES OF THE S I T T I NG OF 9 May 1996 PE 1 6 6. 0 20 Boatmasters' certificates **II A4^0128/96 Decision on the common position established by the Council with a view to the adoption of a Council Directive on the harmonization of the conditions for obtaining national boatmasters ' certificates for the carriage of goods and passengers by inland waterway in the Community(C4-0068/96 - 94/0196(SYN) ) (Cooperation procedure: second reading) The European Parliament. having regard to the common position of the Council, C4-0068/96 - 94/0196(SYN), having regard to its opinion at first reading1 on the Commission proposal to the Council, COM(94)03592, having regard to the amended Commission proposal, COM(95)04743, having been consulted by the Council pursuant to Article 189c of the EC Treaty, having regard to Rule 67 of its Rules of Procedure, having regard to the recommendation for second reading of the Committee on Transport and Tourism (A4-0128/96), 1. Amends the common position as follows; 2. Instructs its President to forward this decision to the Council and Commission. Common position of the Council Amendments by Parliament (Amendment 1) Recital 5 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 the these the minimum applicant must meet in order to obtain the boatmasters' certificate for inland navigation; establish which requirements provisions provisions 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 the these the minimum applicant must meet in order to obtain the boatmasters' certificate for whereas provision must be made to ensure that the Member States adopt similar procedures for examining knowledge and skills; establish which requirements navigation; inland 1 OJ C 68, 20. 3. 1995, p. 41. 2 OJ C 280, 6. 10. 1994, p. 5. 3 OJ C 20, 24. 1. 1996, p. 7. L (Amendment 3) Article 6(2) 2. On reaching the age of sixty-five years, the holder of a certificate must, in the following three months and subsequently every year, undergo the examination referred to in paragraph 1 ; the competent authority shall attest on the certificate that the boatmaster has satisfied this obligation. 2. On reaching the age of sixty-five years, the holder of a certificate must, in the following three months and subsequently every three years. undergo the examination referred to 1 ; the competent in paragraph authority shall attest on the certificate that the boatmaster has satisfied this obligation. (Amendment 4) Article 7(3) and (4) and (4a) (new) 3. The minimum duration of the professional experience referred to in paragraph 1 may be reduced by a maximum of three years: 3. The minimum duration of the professional experience referred to in paragraph 1 may be reduced by a maximum of two years : (a) where the applicant has a diploma recognized by the competent confirms which authority specialized training in inland navigation comprising practical navigation work, the reduction may not be greater than the duration of the specialized training; or (a) where the applicant has a diploma recognized by the competent confirms which authority specialized training in inland navigation comprising practical navigation work, the reduction may not be greater than the duration of the specialized training; or (b) where the applicant can provide proof of professional experience acquired on a seagoing vessel as a member of the deck crew; in order to obtain the maximum reduction of three years, the applicant must provide proof of at least four years' experience in maritime navigation. (b) where the applicant can provide proof of professional experience acquired on a seagoing vessel as a member of the deck crew; in order to obtain the maximum reduction of two years, the applicant must provide. proof of at least four years' experience in maritime navigation. minimum duration 4. The of professional experience provided for in paragraph 1 may be reduced by a maximum of three years where the applicant has passed a practical examination in sailing a vessel; the certificate shall in that case cover nautical only characteristics similar to those of the vessel which underwent the practical examination. vessels with minimum duration 4. The of professional experience provided for in paragraph 1 may be reduced by a maximum of two years where the applicant has passed a practical examination in sailing a vessel; the certificate shall in that case cover nautical only characteristics similar to those of the vessel which underwent the practical examination. In this case the shall indicate that its validity is limited until the holder has four years' professional experience. competent authority vessels with 5 4a. The time which an applicant has spent, after reaching the age of twenty-one years, as a member of the deck crew of an inland navigation vessel shall be multiplied by 1. 5 in order to calculate the number of years of professional experience. (Amendment 5) Article 8(2) 2. Subject to consultation of the Commission, a Member State may require a boatmaster to satisfy additional requirements concerning knowledge of the local situation for navigation of certain waterways, with the exception of the waterways of a maritime character referred to in Annex II to Directive 91/672/EEC. to a approval by the 2. Subject Commission, may Member State require a boatmaster to satisfy additional requirements concerning knowledge of the local situation for navigation of certain waterways, with the exception of the waterways of a maritime character referred to in Annex II to Directive 91/672/EEC. state require Subject to the same reservation, a Member the may boatmaster of a passenger vessel, in certain limited areas, to have more detailed professional knowledge of special to passenger safety, particularly in the or accidents, of event shipwreck. provisions relating fire state require Subject to the same reservation, a Member the may boatmaster of a passenger vessel, in certain limited areas, to have more detailed professional knowledge of special to passenger safety, particularly in the or accidents, of event shipwreck. provisions relating fire (Amendment 6) Article 10a (new) and" procedures, encourage shall In order to harmonize the examination the syllabuses Commission the competent authorities of the Member States to consult each other at least once a year on the examination requirements and regulations. ISSN 0254-1475 COM(96) 281 final DOCUMENTS EN 06 07 Catalogue number : CB-CO-96-288-EN-C ISBN 92-78-05545-X Office for Official Publications of the European Communities L-2985 Luxembourg Y