- Latest available (Revised)
- Original (As adopted by EU)
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)
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Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).
This is the original version (as it was originally adopted).
the title of Chapter 8a reads as follows:
‘EMISSIONS OF GASEOUS AND PARTICULATE POLLUTANTS FROM DIESEL ENGINES’
the following Articles relating to Chapter 8a are inserted after the title of Chapter 8a:
‘Article 8a.01 —.Definitions
Article 8a.02 —.General provisions
Article 8a.03 —.Recognised type-approvals
Article 8a.04 —.Installation test and intermediate and special test
Article 8a.05 —.Technical services’
The title of Article 10.03a is replaced by:
‘Permanently installed firefighting systems for protecting accommodation spaces, wheelhouses and passenger spaces’
The title of Article 10.03b is replaced by:
‘Permanently installed firefighting systems for protecting engine rooms, boiler rooms and pump rooms’
The following title is inserted after Article 24.07:
‘Article 24.08 —.Transitional provision to Article 2.18’
The following title is inserted after Article 24a.04:
‘Article 24a.05 —.Transitional provision to Article 2.18’
After Appendix II the following Appendices are added:
‘APPENDIX III –.MODEL OF THE UNIQUE EUROPEAN VESSEL IDENTIFICATION NUMBER
APPENDIX IV –.DATA FOR THE IDENTIFICATION OF A VESSEL
APPENDIX V –.ENGINE PARAMETER PROTOCOL’
Point 52 is replaced by the following:
:
areas of the vessel which are specially protected and in which persons muster in the event of danger;’
Point 76 is replaced by the following:
:
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;’
Point 76a is inserted after Point 76:
:
the vertical distance in m between the lowest point of the hull including the keel or other fixed attachments and the maximum draught line;’
Point 97a and 97b are inserted after Point 97:
:
light appearances of navigation lights for the identification of craft;
:
light appearances to accompany visual or sound signals;’’
Paragraph 3 is replaced by the following:
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.’
In this Chapter:
“engine” means an engine which works on the compression-ignition principle (diesel engine);
“propulsion engine” means an engine for the propulsion of an inland waterway vessel, as defined in Article 2 of Directive 97/68/EC(1);
“auxiliary engine” means an engine for use in applications other than the propulsion of a craft;
“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;
“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;
“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;
“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;
“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;
(left void);
“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;
(left void);
(left void);
(left void);
“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;
(left void);
(left void);
(left void);
(left void);
“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;
“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.
After the installation of the engine on board, but before it is brought into service, an installation test shall be carried out. This test, which forms part of the initial inspection of the craft, or of a special inspection by virtue of the relevant engine having been installed, shall result either in the registration of the engine in the Community certificate to be issued for the first time or in the modification of the existing Community certificate.
The inspection body may dispense with an installation test pursuant to (a), if an engine having a rated power output PN of less than 130 kW is replaced by an engine covered by the same type-approval. As a precondition, the vessel’s owner or his authorised representative shall be required to notify the inspection body of the engine’s replacement and to submit a copy of the type-approval document and details of the identification number of the newly installed engine. The inspection body shall make the appropriate amendments to the Community certificate (see box 52).
type-approvals pursuant to Directive 97/68/EC;
type-approvals which, pursuant to Directive 97/68/EC(2) are recognised as equivalent.
the type-approval document;
the engine manufacturer’s instructions on monitoring the components and engine parameters of relevance in an exhaust gas context;
the engine parameter protocol.
If the authority finds that the engine does not comply with the approved engine type or the approved engine family, it may:
require that
steps are taken to re-establish engine conformity;
require appropriate modifications to the type-approval document; or
order the actual emissions to be measured.
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.
type of engine and, where appropriate, engine family with an indication of the rated output and rated speed;
list of the components and engine parameters of relevance in an exhaust gas emission context;
unambiguous features to identify the permitted components of relevance in an exhaust gas emission context (e.g. part numbers appearing on the components);
engine parameters of relevance in an exhaust gas emission context such as setting ranges for the injection timing, permitted cooling water temperature, maximum exhaust gas backpressure, etc.
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.
Engine manufacturers cannot be recognised as technical services.
For the purposes of this chapter, a technical service may, with permission of the competent authority, use facilities outside its own test laboratory.
If requested to do so by the competent authority, technical services shall demonstrate that they are recognised to perform the type of activities described in this paragraph within the European Union.
Third country services may only be notified as a recognised technical service in the framework of a bilateral or multilateral agreement between the European Union and the third country in question.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.’
Letter e is replaced by the following:
if fixed seats or benches are located in a room in which muster areas are defined the corresponding number of persons need not be taken into account when calculating the total area of muster areas according to (a). However, the number of persons for whom fixed seats or benches in a certain room are taken into account must not exceed the number of persons for whom muster areas are available in this room;’
Letter f is replaced by the following:
lifesaving appliances shall be easily accessible from the evacuation areas;’
Letter g is replaced by the following:
it shall be possible to evacuate people safely from these evacuation areas, using either side of the vessel;’
Letter h is replaced by the following:
the muster areas shall lie above the margin line;’
Letter i is replaced by the following:
the muster and evacuation areas are to be shown as such in the safety plan and signposted on board the vessel;’
Letter j is replaced by the following:
the provisions of (d) and (e) shall also apply to free decks on which muster areas are defined;’
Letter l is replaced by the following:
however, in all cases where reductions according to (e), (j) and (k) are applied, the total area according to (a) shall be sufficient for at least 50 % of the maximum permitted number of passengers.’
The entry relating to Article 7.02, paragraph 5 becomes the entry relating to Article 7.02 paragraph 6.
The following entries are inserted after the entry relating to Article 7.04, paragraph 2:
‘paragraph 3 | Display | If there is no wheelhouse designed for radar navigation by one person: NRC, at the latest on issue or renewal of the Community certificate after 1.1.2010 |
paragraph 9, third sentence | Control by a lever | NRC, at the latest on issue or renewal of the Community certificate after 1.1.2010 |
fourth sentence | Clearly show the direction of the thrust | NRC, at the latest on issue or renewal of the Community certificate after 1.1.2010’ |
The entry relating to Article 8.02, paragraph 4 is replaced by the following:
‘paragraph 4 | Screening of pipe connections | NRC, at the latest on issue or renewal of the Community certificate after 1.1.2025’ |
The following entries are inserted after the entry relating to Article 8.02, paragraph 4:
‘paragraph 5 | Jacketed piping system | NRC, at the latest on issue or renewal of the Community certificate after 1.1.2025 |
paragraph 6 | Insulation of engine parts | NRC, at the latest on issue or renewal of the Community certificate’ |
The entry relating to Article 8.05, paragraph 9 first sentence becomes the entry to Article 8.05, paragraph 9 second sentence.
The following entries are inserted after the entry relating to Article 8.05, paragraph 13:
‘8.06 | Tanks for lubricating oil, pipes and accessories | NRC, at the latest on issue or renewal of the Community certificate after 1.1.2045 |
8.07 | Tanks for oils in power transmission systems, control and activating systems and heating systems, pipes and accessories | NRC, at the latest on issue or renewal of the Community certificate after 1.1.2045’ |
The entry relating to Chapter 8a is replaced by the following:
‘CHAPTER 8a | ||
8a.02(2) and (3) | Compliance with the requirements/exhaust gas emission limit values | The regulations do not apply: (a) for engines, which were installed before 1.1.2003; and (b) for exchange engines, which up to 31.12.2011 are installed on board craft which were in operation on 1.1.2002. For engines which were installed: (a) in craft between 1.1.2003 and 1.7.2007 the exhaust gas limit values as referred to in Annex XIV of Directive 97/68 apply; (b) in craft or in on-board machinery after 30.6.2007 the exhaust gas limit values as referred to in Annex XV of Directive 97/68 apply. The requirements for the categories: (aa) V for propulsion engines and for auxiliary engines above 560 kW; and (bb) D, E, F, G, H, I, J, K for auxiliary engines of Directive 97/68/EC apply as equivalent.’ |
The entry relating to Article 9.15, paragraph 9 becomes the entry to Article 9.15, paragraph 10.
The following entry is inserted after the title ‘Chapter 15’:
‘15.01(1)(c) | Non-application of Article 8.08(2), second sentence | NRC, at the latest on issue or renewal of the Community certificate after 1.1.2007’ |
The entry relating to Article 15.01, paragraph 1(d) is replaced by the following:
‘(d) | Non-application of Article 9.14 Paragraph 3 second sentence for rated voltages of over 50 V | NRC, at the latest on issue or renewal of the Community certificate after 1.1.2010’ |
The following entries are inserted after the entry related to Article 7.02(2):
‘7.04(3) | Display | If there is no wheelhouse designed for radar navigation by one person: NRC, at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.4.2007 |
paragraph 9, third sentence | Control by a lever | NRC, at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.4.2007 |
fourth sentence | Prohibition of indicating the direction of the jet | NRC, at the latest on issue or renewal of the Community certificate after 1.1.2010 | 1.4.2007’ |
The entry relating to Article 8.02(4) is replaced by the following:
‘8.02(4) | Screening of pipe connections | NRC, at the latest on issue or renewal of the Community certificate after 2025 | 1.4.2007’ |
The following entries are inserted after the entry relating to Article 8.02(4):
‘paragraph 5 | Jacketed piping system | NRC, at the latest on issue or renewal of the Community certificate after 1.1.2025 | 1.4.2007 |
paragraph 6 | Insulation of engine parts | NRC, at the latest on issue or renewal of the Community certificate after 1.1.2025 | 1.4.2003’ |
The entry relating to Article 8.05(9) first sentence becomes the entry relating to Article 8.05(9) second sentence.
The following entries are inserted after the entry relating to Article 8.05, paragraph 13:
‘8.06 | Tanks for lubricating oil, pipes and accessories | NRC, at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.4.2007 |
8.07 | Tanks for oils in power transmission systems, control and activating systems and heating systems, pipes and accessories | NRC, at the latest on issue or renewal of the Community certificate after 1.1.2045 | 1.4.2007’ |
The entry relating to Chapter 8a is replaced by the following:
‘CHAPTER 8a | |||
The regulations do not apply: (a) for engines, which were installed before 1.1.2003; and (b) for exchange engines, which up to 31.12.2011 are installed on board craft which were in operation on 1.1.2002. | 1.1.2002 | ||
8a.02(2) and (3) | Compliance with the requirements/exhaust gas emission limit values | For engines which were installed: (a) in craft between 1.1.2003 and 1.7.2007 the exhaust gas limit values as referred to in Annex XIV of Directive 97/68 apply; (b) in craft or in on-board machinery after 30.6.2007 the exhaust gas limit values as referred to in Annex XV of Directive 97/68 apply. The requirements for the categories: (aa) V for propulsion engines and for auxiliary engines above 560 kW; and (bb) D, E, F, G, H, I, J, K for auxiliary engines of Directive 97/68/EC; apply as equivalent. | 1.7.2007’ |
The entry relating to Article 15.01(1)(c) is replaced by the following:
‘15.01(1)(c) | Non-application of Article 8.08(2), second sentence | NRC, at the latest on issue or renewal of the Community certificate | 1.1.2006’ |
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”.’
The entry relating to Article 7.02, paragraph 5 is the entry relating to Article 7.02, paragraph 6.
The following entries are inserted after the entry relating to Article 7.04(2):
‘ paragraph 3 | Display | If there is no wheelhouse designed for radar navigation by one person: NRC, at the latest on issue or renewal of the Community certificate after 30.12.2024 |
paragraph 9, third sentence | Control by a lever | NRC, at the latest on issue or renewal of the Community certificate after 30.12.2024 |
fourth sentence | Prohibition of indicating the direction of the jet | NRC, at the latest on issue or renewal of the Community certificate after 30.12.2024’ |
After the entry relating to Article 8.02(1) the entry
‘paragraph 4 | Protection of machinery parts | NRC, at the latest on issue or renewal of the Community certificate’ |
is replaced by the following entries:
‘4. | Screening of pipe connections | NRC, at the latest on issue or renewal of the Community certificate after 30.12.2024 |
paragraph 5 | Jacketed piping system | NRC, at the latest on issue or renewal of the Community certificate after 30.12.2024 |
paragraph 6 | Insulation of engine parts | NRC, at the latest on issue or renewal of the Community certificate’ |
The entry relating to Article 8.05(7) is replaced by the following:
‘paragraph 7, first subparagraph | Quick-closing valve on the tank operated from deck, even when the rooms in question are closed. | NRC, at the latest on issue or renewal of the Community certificate after 1.1.2029’ |
The entry to relating to Article 8.05(9), first sentence is the entry to Article 8.05(9), second sentence.
The following entry relating to Chapter 8a is inserted after the entry relating to Article 8.10(3):
a In accordance with Annex I, section 1A(ii) of Directive 2004/26/EC, amending Directive 97/68/EC, the limits for these auxiliary constant-speed engines only apply from this date.’ | ||
‘CHAPTER 8a | ||
The regulations do not apply to: (a) propulsion engines and auxiliary engines with a rated power output of more than 560 kW of the following categories according to appendix I section 4.1.2.4 of Directive 97/68/EC: (aa) V1:1 to V1:3, which until 31 December 2006; (bb) V1:4 and V2:1 to V2:5, which until 31 December 2008; are installed in craft or in on-board machinery; (b) auxiliary engines with a rated power up to 560 kW and variable speed, of the following categories according to Article 9.4a of Directive 97/68/EC: (aa) H which until 31 December 2005; (bb) I and K which until 31 December 2006; (cc) J which until 31 December 2007; are installed in craft or in on-board machinery; (c) auxiliary engines with a rated power up to 560 kW and constant speed, of the following categories according to Article 9.4a of Directive 97/68/EC: (aa) D, E, F and G which until 31 December 2006a; (bb) H, I and K which until 31 December 2010; (cc) J which until 31 December 2011; are installed in craft or in on-board machinery. (d) engines, which meet the limit values as referred to in Annex XIV of Directive 97/68/EC and which until 30 June 2007, are installed in craft or in on-board machinery; (e) exchange engines, which until 31 December 2011 are installed in craft or in on-board machinery to replace an engine to which in accordance with points a) to d) above, the regulations do not apply. The dates mentioned in paragraphs (a), (b), (c) and (d) shall be postponed by two years in respect of engines with a production date prior to the mentioned dates. |
Article 24.08 shall apply mutatis mutandis.’
(Article 8a.03(1) of Annex II)
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.
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.
a The application “craft propulsion with propeller characteristics” or “craft propulsion at constant speed” should be specified in the type-approval document. | |||||||
b The stage II limit values laid down in the RVIR apply with effect from 1 July 2007. | |||||||
c Applies only for engines with rated power output more than 560 kW. | |||||||
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 | Ca | E3 | |
RVIR | — | I, IIb | — | E3 | |||
Main propulsion engines with constant speed (including installations with diesel electric propulsion and variable pitch propeller) | II | Directive 97/68/EC | V | IIIA | Ca | E2 | |
RVIR | — | I, IIb | — | E2 | |||
Auxiliary engines with | Constant speed | III | Directive 97/68/EC | D, E, F,G | II | B | D2 |
H, I, J, K | IIIA | ||||||
Vc | |||||||
RVIR | — | I, IIb | — | D2 | |||
Variable speed and variable load | IV | Directive 97/68/EC | D,E,F,G | II | A | C 1 | |
H, I, J, K | IIIA | ||||||
Vc | |||||||
L, M, N, P | IIIB | ||||||
Q, R | IV | ||||||
RVIR | — | I, IIb | — | C1 |
auxiliary engines which drive units or machinery which, pursuant to the table in Section 2, have to be allocated to applications III or IV need to have obtained type-approval for each of the respective applications provided for in this table;
main propulsion engines which drive additional units or machinery need only to have obtained the type-approval necessary for the relevant type of main propulsion pursuant to the table in Section 2, in so far as the engine’s main application is craft propulsion. If the time taken up by the sole auxiliary application exceeds 30 %, the engine will need to have obtained, in addition to type-approval for the main propulsion application, further type-approval in respect of the auxiliary application.
variable engine speed and load may be allocated to applications I or IV pursuant to the table in Section 2;
constant engine speed may be allocated to applications II or III pursuant to the table in Section 2.
Annex V Part 1 is amended as follows:
The third paragraph of the remark on page 1 is replaced by the following:
‘The owner of the craft, or his representative, shall bring to the notice of the competent authority any change in the name or ownership of the craft, any re-measurement, and any change in the registration number or home port, and shall send the Community certificate to that authority for amendment.’
In box 12 of the model the introductory phrase is replaced by the following:
‘The certificate number (1), unique European vessel identification number (2), registration number (3) and measurement number (4) are affixed with the corresponding signs at the following locations on the craft’
In box 15 of the model item 2 is replaced by the following:
Type of coupling: …
Number of coupling cables: …
Tensile strength per longitudinal coupling: … kN
Number of couplings per side: …
Length of each coupling cable: … m
Tensile strength per cable: … kN
Number of cable windings:’
Box 19 of the model is replaced by the following:
(..) (..) (..) (..) | (..) (..) | ‘19. Draught overall m 19b Draught T m’ | (..) |
Box 35 of the model is replaced by the following:
of which power driven …
first bilge pump … l/min
second bilge pump … l/min’
Box 42 of the model is replaced by the following:
heaving line gangway in accordance w. Article 10(2)(d) (*) in accordance w. Article 15.06(12) (*) Length … m | Voice communication system |
|
gaff hook first-aid kit pair of binoculars notice concerning rescue of persons overboard | Radio-telephone installation |
|
fire-resistant receptacles | Cranes |
|
embarkation stairway/ladder (*)’ |
Box 43 of the model is replaced by the following:
Number portable fire extinguishers …, fire pumps …, hydrants …
No/Number … (*)
No/Number … (*)
The power-driven bilge pump replaces a fire pump … Yes/No (*)’
Box 44 of the model is replaced by the following:
Number of lifebuoys …, of which with light …, with line … (*)
One lifejacket for every person who is regularly on board/in accordance with EN 395:1998, EN 396:1998, EN ISO 12402-3:2006 or EN ISO 12402-4:2006 (*)
A ship’s boat with a set of oars, one mooring line and a baler/in accordance with EN 1914:1997 (*)
Platform or an installation in accordance with Article 15.15(5) or (6) (*)
Number, type and site(s) of installation of the equipment to enable persons to be transferred safely to shallow water, to the bank or to another craft in accordance with Article 15.09(3) …
…
…
Number of individual life saving appliances for shipboard personnel …,
of which in accordance with Article 10.05(2) … (*)
Number of individual life saving appliances for passengers … (*)
Collective life saving appliances, with respect to the number, equivalent to … individual life saving appliances (*)
Two breathing apparatus sets, two sets in accordance with Article 15.12(10)(b), number of … smoke hoods (*)
Safety rota and safety plan displayed at: …
…
…’
In box 52 of the model, the last row is replaced by the following:
‘Continued on page (*)
End of Community certificate (*)’
Alternative type-approvals recognised pursuant to Directive 97/68/EC are listed in Annex XII, §.2 of Directive 97/68/EC.’
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