30.4.2009 |
EN |
Official Journal of the European Union |
L 109/14 |
COMMISSION DIRECTIVE 2009/46/EC
of 24 April 2009
amending Directive 2006/87/EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (1), and in particular the first sentence of Article 20, paragraph 1, thereof,
Whereas:
(1) |
Since the adoption of Directive 2006/87/EC in December 2006 amendments to the Rhine Vessel Inspection Regulation have been agreed pursuant to Article 22 of the Revised Convention for Rhine Navigation. It is therefore necessary to amend Directive 2006/87/EC accordingly. |
(2) |
It should be ensured that the Community vessel certificate and the vessel certificate delivered in accordance with the Rhine Vessel Inspection Regulation are issued on the basis of technical requirements which guarantee an equivalent level of safety. |
(3) |
Equivalent provisions to those in the Rhine Vessel Inspection Regulation for the installation and in-use control for engines falling within the scope of Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (2) should be incorporated. |
(4) |
In order to avoid distortions of competition as well as different levels of safety, the amendments to Directive 2006/87/EC should be implemented as quickly as possible. |
(5) |
The measures provided for in this Directive are in accordance with the opinion of the Committee referred to in Article 7 of Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway (3), |
HAS ADOPTED THIS DIRECTIVE:
Article 1
In Annex I to Directive 2006/87/EC, the entry in Chapter 3 regarding the Italian Republic is replaced by the following:
‘ Italian Republic
All navigable national waterways.’
Article 2
Annex II to Directive 2006/87/EC is amended as set out in Annex I to this Directive.
Article 3
Annex V to Directive 2006/87/EC is amended as set out in Annex II to this Directive.
Article 4
Member States which have inland waterways as referred to in Article 1(1) of Directive 2006/87/EC shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive at the latest on 30 June 2009. They shall forthwith inform the Commission thereof.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 5
This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
Article 6
This Directive is addressed to the Member States which have inland waterways as referred to in Article 1(1) of Directive 2006/87/EC.
Done at Brussels, 24 April 2009.
For the Commission
Antonio TAJANI
Vice-President
ANNEX I
1.
The table of contents is amended as follows:
(a) |
the title of Chapter 8a reads as follows: ‘EMISSIONS OF GASEOUS AND PARTICULATE POLLUTANTS FROM DIESEL ENGINES’ |
(b) |
the following Articles relating to Chapter 8a are inserted after the title of Chapter 8a:
|
(c) |
The title of Article 10.03a is replaced by:
|
(d) |
The title of Article 10.03b is replaced by:
|
(e) |
The following title is inserted after Article 24.07:
|
(f) |
The following title is inserted after Article 24a.04:
|
(g) |
After Appendix II the following Appendices are added:
|
2.
Article 1.01 is amended as follows:
(a) |
Point 52 is replaced by the following: ‘52. “muster areas”: areas of the vessel which are specially protected and in which persons muster in the event of danger;’ |
(b) |
Point 76 is replaced by the following: ‘76. “draught (T)”: the vertical distance in m between the lowest point of the hull without taking into account the keel or other fixed attachments and the maximum draught line;’ |
(c) |
Point 76a is inserted after Point 76: ‘76a. “draught overall (TOA)”: the vertical distance in m between the lowest point of the hull including the keel or other fixed attachments and the maximum draught line;’ |
(d) |
Point 97a and 97b are inserted after Point 97: ‘97a. “navigation lights”: light appearances of navigation lights for the identification of craft;’ ‘97b. “light signals”: light appearances to accompany visual or sound signals;’ |
3.
Article 2.07(1) is replaced by the following:
‘1. |
The owner of a craft, or his representative, shall bring to the notice of the competent authority any change in the name or ownership of a craft, any re-measurement, and any change in the registration or home port, and shall send the Community certificate to that authority for amendment.’ |
4.
Article 7.04 is amended as follows:
(a) |
Paragraph 3 is replaced by the following:
|
(b) |
The second phrase of paragraph 9 is replaced by the following: ‘The requirements set out in paragraphs 1 to 8 shall apply, mutatis mutandis, in view of the specific characteristics and arrangements selected for the abovementioned active steering and propulsion units. In analogy to paragraph 2, each unit shall be controlled by a lever which moves in the form of an arc within a vertical plane that is approximately parallel to the direction of the thrust of the unit. From the position of the lever the direction of the thrust acting on the vessel shall be clear. If rudder propeller or cycloidal-propeller systems are not controlled by means of levers, the inspection body may allow derogations from paragraph 2. These derogations shall be mentioned in the Community certificate in box 52.’ |
5.
The following Chapter 8a is inserted after Chapter 8:‘CHAPTER 8a
EMISSION OF GASEOUS AND PARTICULATE POLLUTANTS FROM DIESEL ENGINES
Article 8a.01
Definitions
In this Chapter:
1. |
“engine” means an engine which works on the compression-ignition principle (diesel engine); |
1a. |
“propulsion engine” means an engine for the propulsion of an inland waterway vessel, as defined in Article 2 of Directive 97/68/EC (1); |
1b. |
“auxiliary engine” means an engine for use in applications other than the propulsion of a craft; |
1c. |
“exchange engine” means a used, overhauled engine which is intended to replace a currently operational engine and which is of the same design (in-line engine, V-engine) as the engine to be replaced, which has the same number of cylinders and whose power output and speed do not differ by more than 10 % from the power output and speed of the engine to be replaced; |
2. |
“type-approval” means the procedure as defined in Article 2, second indent of Directive 97/68/EC, as amended, whereby a Member State certifies that an engine type or an engine family with regard to the level of emission of gaseous and particulate pollutants by the engine(s) satisfies the relevant technical requirements; |
3. |
“installation test” means the procedure whereby the competent authority makes sure that, even where an engine fitted to a craft has undergone, since the issuing of the type-approval, any modifications or adaptations with regard to the level of emission of gaseous and particulate pollutants, that engine still complies with the technical requirements of this Chapter; |
4. |
“intermediate test” means the procedure whereby the competent authority makes sure that, even where a craft’s engine has undergone, since the installation test, any modifications or adaptations with regard to the level of emission of gaseous and particulate pollutants, that engine still complies with the technical requirements of this Chapter; |
5. |
“special test” means the procedure whereby the competent authority makes sure that, after each significant modification to a craft’s engine with regard to the level of emission of gaseous and particulate pollutants, that engine still complies with the technical requirements of this Chapter; |
6. |
(left void); |
7. |
“engine family” means a manufacturer’s grouping of engines which through their design, are expected to have similar exhaust emission characteristics of gaseous and particulate pollutants as defined in Article 2, fourth indent of Directive 97/68/EC, as amended, and which comply with the requirements of the rules in accordance with Article 8a.03; |
8. |
(left void); |
9. |
(left void); |
10. |
(left void); |
11. |
“manufacturer” as defined in Article 2 of Directive 97/68/EC, as amended, means the person or body who is responsible to the approval authority for all aspects of the type-approval process and for ensuring conformity of production. It is not essential that the person or body is directly involved in all stages of the construction of the engine; |
12. |
(left void); |
13. |
(left void); |
14. |
(left void); |
15. |
(left void); |
16. |
“engine parameter protocol” means the document pursuant to Appendix V, in which all the parameters, together with changes, and including components and engine settings which affect the level of emission of gaseous and particulate pollutants from the engine are duly recorded; |
17. |
“engine manufacturer’s instructions on monitoring the components and engine parameters of relevance in an exhaust gas context” means the document produced for the purpose of implementing the installation test and the intermediate or special tests. |
Article 8a.02
General provisions
1. |
Without prejudice to the requirements of Directive 97/68/EC, the provisions of this Chapter shall apply to all engines with a rated power output more than 19 kW installed in inland waterway vessels or in machinery on board such vessel. |
2. |
The engines shall comply with the requirements of Directive 97/68/EC. |
3. |
Compliance with the exhaust gas emission limit values of the applicable stage shall be determined on the basis of a type-approval pursuant to Article 8a.03. |
4. |
Installation tests
|
5. |
Intermediate tests on the engine shall be carried out in the context of the periodical inspection pursuant to Article 2.09. |
6. |
After each significant modification to an engine, where such modifications have the potential to affect the emission of gaseous and particulate pollutants from the engine, a special test must invariably be carried out. |
6a. |
The results of the tests pursuant to Article 8a.02(4) to (6) shall be registered in the engine parameter protocol. |
7. |
The inspection body shall indicate in the Community certificate, in box 52, the type-approval numbers and identification numbers of all the engines that are installed on board the vessel and that are subject to the requirements of this Chapter. For engines covered by Article 9(4)(a) of Directive 97/68/EC the identification number shall suffice. |
8. |
For the purpose of discharging tasks pursuant to this Chapter, the competent authority may employ a technical service. |
Article 8a.03
Recognised type-approvals
1. |
The following type-approvals shall be recognised, provided that the engine application is covered by the appropriate type approval:
|
2. |
For each type-approved engine, the following documents or copies of them shall be kept available on board:
|
Article 8a.04
Installation test and intermediate and special test
1. |
At the time of the installation test pursuant to Article 8a.02(4) and in the event of intermediate tests pursuant to Article 8a.02(5) and special tests pursuant to Article 8a.02(6), the competent authority will inspect the current state of the engine with reference to the components, adjustments and parameters specified in the instructions pursuant to Article 8a.01(17).
If the authority finds that the engine does not comply with the approved engine type or the approved engine family, it may:
Failing the re-establishment of engine conformity or in the absence of appropriate modifications to the type-approval document or in the event that the measurements indicate non-compliance with the emission limit values, the competent authority shall refuse to issue a Community certificate or shall revoke any Community certificate that has already been issued. |
2. |
In the case of engines with exhaust gas after treatment systems, checks shall be carried out to establish that these systems are functioning properly in the context of the installation test and the intermediate or special tests. |
3. |
The tests according to paragraph 1 are made on the basis of the engine manufacturer’s instruction on monitoring the components and engine parameters of relevance in an exhaust gas emission context. The instruction, to be drawn up by the manufacturer and to be approved by a competent authority, shall specify the exhaust relevant components as well as adjustments and parameters, whereby continuous compliance with the exhaust gas emission limit values can be assumed. The instruction contains at least the following details:
In the case of engines fitted with exhaust gas after treatment systems, the instruction shall also include procedures to check that the exhaust gas after treatment installation is operating efficiently. |
4. |
The installation of engines in craft shall comply with the restrictions set out in the scope of the type approval. In addition, the intake under pressure and the exhaust gas back pressure shall not exceed the values indicated for the approved engine. |
5. |
If the engines being installed on board belong to an engine family, no readjustments or modifications which could adversely affect exhaust gas and particulate emissions or which lie outside the proposed adjustment range may be carried out. |
6. |
If, after type-approval, readjustments or modifications to the engine need to be made, these should be accurately entered in the engine parameter protocol. |
7. |
If the installation and intermediate tests show that, in relation to their parameters, components and adjustable features, the engines installed on board comply with the specifications set out in the instructions pursuant to Article 8a.01(17), then it may be assumed that the exhaust gas and particulate emissions from the engines likewise comply with the basic limit values. |
8. |
Where an engine has obtained type-approval, the competent authority may, at its own discretion, reduce the installation test or intermediate test pursuant to these provisions. However, the full test shall be carried out in respect of at least one cylinder or one engine of an engine family and may only be reduced if there is reason to believe that all other cylinders or engines behave similarly to the cylinder or engine under investigation. |
Article 8a.05
Technical services
1. |
The technical services shall comply with the European standard on general requirements for the competence of testing and calibration laboratories (EN ISO/IEC 17025:2000), having due regard to the following conditions:
|
2. |
Member States shall inform the Commission about the names and addresses of the technical services which, together with their national competent authority are responsible for the application of this chapter. The Commission shall make this information available to the Member States. |
(1) OJ L 59, 27.2.1998, p. 1."
(2) Alternative type-approvals recognised pursuant to Directive 97/68/EC are listed in Annex XII, §.2 of Directive 97/68/EC.’ "
6.
The title of Article 10.03a is replaced by the following:
‘Permanently installed firefighting systems for protecting accommodation spaces, wheelhouses and passenger spaces’
7.
The title of Article 10.03b is replaced by the following:
‘Permanently installed firefighting systems for protecting engine rooms, boiler rooms and pump rooms’
8.
Article 15.06(5)(a) is replaced by the following:
‘(a) |
they shall have a clear width of at least 0,80 m. If they lead to rooms used by more than 80 passengers, they shall comply with the provisions mentioned in (3)(d) and (e) regarding the width of the exits leading to connecting corridors.’ |
9.
Article 15.06(8) is amended as follows:
(a) |
Letter e is replaced by the following:
|
(b) |
Letter f is replaced by the following:
|
(c) |
Letter g is replaced by the following:
|
(d) |
Letter h is replaced by the following:
|
(e) |
Letter i is replaced by the following:
|
(f) |
Letter j is replaced by the following:
|
(g) |
Letter l is replaced by the following:
|
10.
Article 15.08(6) is replaced by the following:
‘6. |
A bilge pumping system with permanently installed pipe work shall be available.’ |
11.
The table to Article 24.02(2) is amended as follows:
(a) |
The entry relating to Article 7.02, paragraph 5 becomes the entry relating to Article 7.02 paragraph 6. |
(b) |
The following entries are inserted after the entry relating to Article 7.04, paragraph 2:
|
(c) |
The entry relating to Article 8.02, paragraph 4 is replaced by the following:
|
(d) |
The following entries are inserted after the entry relating to Article 8.02, paragraph 4:
|
(e) |
The entry relating to Article 8.05, paragraph 9 first sentence becomes the entry to Article 8.05, paragraph 9 second sentence. |
(f) |
The following entries are inserted after the entry relating to Article 8.05, paragraph 13:
|
(g) |
The entry relating to Chapter 8a is replaced by the following:
|
(h) |
The entry relating to Article 9.15, paragraph 9 becomes the entry to Article 9.15, paragraph 10. |
(i) |
The following entry is inserted after the title ‘Chapter 15’:
|
(j) |
The entry relating to Article 15.01, paragraph 1(d) is replaced by the following:
|
12.
The table to Article 24.06(5) is amended as follows:
(a) |
The following entries are inserted after the entry related to Article 7.02(2):
|
(b) |
The entry relating to Article 8.02(4) is replaced by the following:
|
(c) |
The following entries are inserted after the entry relating to Article 8.02(4):
|
(d) |
The entry relating to Article 8.05(9) first sentence becomes the entry relating to Article 8.05(9) second sentence. |
(e) |
The following entries are inserted after the entry relating to Article 8.05, paragraph 13:
|
(f) |
The entry relating to Chapter 8a is replaced by the following:
|
(g) |
The entry relating to Article 15.01(1)(c) is replaced by the following:
|
13.
The following article is added after Article 24.07:‘ Article 24.08
Transitional provision to Article 2.18
When issuing a Community certificate to craft which after 31 March 2007 carried a valid vessel certificate according to the Rhine Vessel Inspection Regulation, the already assigned Unique European Vessel Identification Number shall be used, and where appropriate completed by ranking first the figure “0”.’
14.
The table to Article 24a.02(2) is amended as follows:
(a) |
The entry relating to Article 7.02, paragraph 5 is the entry relating to Article 7.02, paragraph 6. |
(b) |
The following entries are inserted after the entry relating to Article 7.04(2):
|
(c) |
After the entry relating to Article 8.02(1) the entry
is replaced by the following entries:
|
(d) |
The entry relating to Article 8.05(7) is replaced by the following:
|
(e) |
The entry to relating to Article 8.05(9), first sentence is the entry to Article 8.05(9), second sentence. |
(f) |
The following entry relating to Chapter 8a is inserted after the entry relating to Article 8.10(3):
|
15.
The following article is added after Article 24a.04:‘ Article 24a.05
Transitional provision to Article 2.18
Article 24.08 shall apply mutatis mutandis.’
16.
In Appendix II, Administrative instruction No 23 is replaced by the following:‘ Administrative instruction No 23
Engine application covered by the appropriate type approval
(Article 8a.03(1) of Annex II)
1. Introduction
According to Article 8a.03(1), type-approvals pursuant to Directive 97/68/EC and type-approvals, which pursuant to Directive 97/68/EC are recognised as equivalent, are recognised, provided that the engine application is covered by the appropriate type-approval.
In addition, it is possible that engines on board of inland waterway vessels have to serve more than one application.
Section 2 of this administrative instruction explains when engine applications can be considered to be covered by the appropriate type-approval. In Section 3 clarification is given with respect to the question how to treat engines which in the course of on-board operations need to be allocated to more than one engine application.
2. Appropriate type-approval
Engine applications are considered to be covered by the appropriate type-approval if the engine has been allocated to the type-approval on the basis of the following table. The engine categories, limit value stages and test cycles are indicated in accordance with the type-approval number designations.
Engine application |
Legal basis |
Engine category |
Limit value stage |
Test |
|||
requirement |
cycle ISO 8178 |
||||||
Propulsion engines with propeller characteristics |
I |
Directive 97/68/EC |
V |
IIIA |
C (3) |
E3 |
|
RVIR |
— |
I, II (4) |
— |
E3 |
|||
Main propulsion engines with constant speed (including installations with diesel electric propulsion and variable pitch propeller) |
II |
Directive 97/68/EC |
V |
IIIA |
C (3) |
E2 |
|
RVIR |
— |
I, II (4) |
— |
E2 |
|||
Auxiliary engines with |
Constant speed |
III |
Directive 97/68/EC |
D, E, F,G |
II |
B |
D2 |
H, I, J, K |
IIIA |
||||||
V (5) |
|||||||
RVIR |
— |
I, II (4) |
— |
D2 |
|||
Variable speed and variable load |
IV |
Directive 97/68/EC |
D,E,F,G |
II |
A |
C 1 |
|
H, I, J, K |
IIIA |
||||||
V (5) |
|||||||
L, M, N, P |
IIIB |
||||||
Q, R |
IV |
||||||
RVIR |
— |
I, II (4) |
— |
C1 |
3. Special engine applications
3.1. |
Engines which in the course of on-board operations need to be allocated to more than one engine application shall be treated as follows:
|
3.2. |
Engines driving bow thrusters, whether directly or by means of a generator at:
|
3.3. |
The engines shall be installed with the power output as authorised under the type-approval and indicated on the engine by means of identification of type. If such engines have to drive units or machinery of lower power consumption, power may be reduced only by measures external to the engine, in order to achieve the power level needed for the application.’ |
17.
The following Appendix V is added: