EU Legislation relevant to recreational boating

Transcription

1 EU Legislation relevant to recreational boating Introduction The following seven sections list EU legislation that may directly or indirectly impact on recreational boating. Each section deals with a particular topic but it must be stressed that some legislation is difficult to Only the original legislation is shown. Any amending legislation (amendments) altering the original text can be found by following the URL detailed. Some legislation is amended numerous times. If the legislation is in the process of being amended, then this is shown separately and has a yellow If new legislation is in the pipeline or existing legislation may be the subject of possible amendment, then this is shown separately and has a brown background. If the legislation is in the process of being recast, repealed or codified, then this is shown separately and has a red background. Directives have to be transposed into each Member State s national legislation and the national legislation can be significantly different from the original directive. Copy of EU legislation.xls 21/08/2007 Page 1

2 Craft Regulations Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licences for inland waterway vessels Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft Study on the feasibility and impact of possible scenarios for further emission reduction measures for recreational craft engines in the context of Directive 94/25/EC, as amended by Directive 2003/44/EC Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships Regulation (EC) No 789/2004 of the European Parliament and of the Council of 21 April 2004 on the transfer of cargo and passenger ships between registers within the Community and repealing Council Regulation (EEC) No 613/91 (Text with EEA relevance) 2006/87/EC Directive 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for inland waterway vessels and repealing Council Directive 82/714/EEC 76/135/EEC EUR-LEX Yes 82/714/EEC EUR-LEX Yes Repealed from 30/12/2008 by 2006/87/EC 94/25/EC RCD EUR-LEX Yes Recreational Craft Directive. Covers design and construction requirements for recreational craft from 2.5m to 24m long. Amenment to include engine exhaust and noise emissions. This follows on from the stocktaking study already carried out. Directive 2003/44/EC also requires the European Commission to explore the possibilities of further improving the environmental performance of recreational craft engines and to report on this to the European Parliament and the Council by the end of 2006, and if deemed appropriate, submit legislative proposals by the end of /18/EC EUR-LEX Yes Later amendments are causing problems of fire containment (or lack of) in craft built in materials other than aluminium or steel 789/2004 EUR-LEX No 2006/87/EC TRIWV EUR-LEX Yes Covers recreational craft over 20m in length. Craft - Copy of EU legislation.xls 21/08/2007 Page 1

3 Crew Regulations Council Directive 87/540/EEC of 9 November 1987 on access to the occupation of carrier of goods by waterway in national and international transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation 87/540/EEC EUR-LEX Yes Council Directive 91/672/EEC of 16 December 91/672/EEC EUR-LEX Yes 1991 on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway Council Directive 96/50/EC of 23 July 1996 on 96/50/EC EUR-LEX Yes the harmonization of the conditions for obtaining national boatmasters' certificates for the carriage of goods and passengers by inland waterway in the Community Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) - Annex: European Agreement on the organisation of working time of seafarers 1999/63/EC EUR-LEX Yes Directive 2001/25/EC of the European Parliament 2001/25/EC EUR-LEX Yes and of the Council of 4 April 2001 on the minimum level of training of seafarers International certificate of competence ICC Proposal for Certificates of Competence for recreational craft at sea. Maybe in Commissions programme for 2007 Crew - Copy of EU legislation.xls 21/08/2007 Page 1

4 Environmental and Health & Safety Regulations Council Directive 75/439/EEC of 16 June /439/EEC EUR-LEX Yes on the disposal of waste oils Waste: revision of the Framework Directive (repeal. direct. 75/439/EEC, 75/442/EEC and COM(2005)0667 OEIL 1st reading by Council pending 91/689/EEC) Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States 75/440/EEC EUR-LEX Yes Repealed from 22/12/2007 by 2000/60/EC. Council Directive 75/442/EEC of 15 July 1975 on 75/442/EEC EUR-LEX Yes waste Waste: revision of the Framework Directive (repeal. direct. 75/439/EEC, 75/442/EEC and 91/689/EEC) COM(2005)0667 OEIL 1st reading by Council pending Council Directive 76/769/EEC of 27 July 1976 on 76/769/EEC EUR-LEX Yes Includes substances used in anti the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations fouling paints etc. Repealed from? by 1907/2006 Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds 79/409/EEC EUR-LEX Yes Council Directive 79/869/EEC of 9 October /869/EEC EUR-LEX Yes Replealed from 22/12/2007 by concerning the methods of measurement and frequencies of sampling and analysis of surface water intended for the abstraction of drinking water in the Member States 2000/60/EC Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances 80/68/EEC EUR-LEX Yes Repealed from 22/12/2013 by 2000/60/EC Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment 85/337/EEC EIA Directive EUR-LEX Yes Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources 91/157/EEC EUR-LEX Yes Repealed from 26/10/2008 by 2006/66/EC 91/271/EEC Urban Waste Water Treatment Directive EUR-LEX Yes 91/676/EEC Nitrates Directive EUR-LEX Yes Council Directive 91/689/EEC of 12 December 91/689/EEC EUR-LEX Yes 1991 on hazardous waste Waste: revision of the Framework Directive (repeal. direct. 75/439/EEC, 75/442/EEC and COM(2005)0667 OEIL 1st reading by Council pending 91/689/EEC) Council Directive 92/43/EEC of 21 May 1992 on 92/43/EEC Habitats Directive -EUR-LEX Yes the conservation of natural habitats and of wild fauna and flora Natura 2000 Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels 93/12/EEC EUR-LEX Yes in force Proposal for a DIRECTIVE OF THE EUROPEAN COM(2007)0018 OEIL PARLIAMENT AND OF THE COUNCIL amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and the introduction of a mechanism to monitor and reduce greenhouse gas emissions from the use of road transport fuels and amending Council Directive 1999/32/EC, as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control Environment: integrated pollution prevention and control (repeal. direct. 96/61/EC). Codification 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 Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market 96/61/EC IPPC Directive EUR-LEX Yes COM(2006)0543 OEIL EP decision 97/68/EC NRMM Directive EUR-LEX Yes 98/8/EC Biocide EUR-LEX Yes Environmental - Copy of EU legislation.xls 21/08/2007 Page 1

5 Environmental and Health & Safety Regulations Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy Water policy: establishment of environmental quality standards (amend. direct. 2000/30/EC) 98/83/EC EUR-LEX Yes 1999/13/EC VOC Directive EUR-LEX Yes 1999/31/EC Landfill Directive EUR-LEX Yes 2000/60/EC Water Framework Directive EUR-LEX Yes COM(2006)0397 OEIL EP decision Directive 2002/95/EC of the European Parliament 2002/95/EC RoHS Directive EUR-LEX Yes and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment Directive 2002/96/EC of the European Parliament 2002/96/EC WEEE Directive EUR-LEX Yes and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) - Joint declaration of the European Parliament, the Council and the Commission relating to Article 9 Directive 2003/30/EC of the European Parliament 2003/30/EC Biofuels Directive EUR-LEX Yes and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport 2003/33/EC: Council Decision of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC 2003/33/EC EUR-LEX Yes Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships 782/2003 EUR-LEX No Organotin compounds, which act as active biocides in anti-fouling systems used on ships. Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage Environment: strategy for the protection and sustainable use of soil (amend. direct. 2004/35/EC) COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT Thematic Strategy on the Protection and Conservation of the Marine Environment Protection and conservation of the marine environment: framework for Community action, Marine Strategy Directive Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (Codified version) (Text with EEA relevance) Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (Text with EEA relevance) Directive 2006/44/EC of the European Parliament and of the Council of 6 September 2006 on the quality of fresh waters needing protection or improvement in order to support fish life (Text with EEA relevance) Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (Text with EEA relevance) 2004/35/CE EUR-LEX No COM(2006)0232 OEIL EP decision COM(2005)0504 PRE-LEX COM(2005)0505 OEIL 1st reading by Council pending 2006/7/EC EUR-LEX Yes 2006/11/EC EUR-LEX No 2006/12/EC EUR-LEX No 2006/44/EC EUR-LEX N0 2006/66/EC EUR-LEX Yes Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration 2006/118/EC EUR-LEX No Environmental - Copy of EU legislation.xls 21/08/2007 Page 2

6 Environmental and Health & Safety Regulations Directive 2006/121/EC of the European 2006/121/EC Parliament and of the Council of 18 December 2006 amending Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency Regulation (EC) No 842/2006 of the European 842/2006 Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (Text with EEA relevance) Regulation (EC) No 1907/2006 of the European 1907/2006 Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC Daughter Directive of the Water Framework Directive on Priority Substances Environmental - Copy of EU legislation.xls 21/08/2007 Page 3

7 Equipment Regulations Legislation Title Reference No. Acornym URL for Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels Directive 94/9/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres Council Directive 96/98/EC of 20 December 1996 on marine equipment Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the approximation of the laws of the Member States concerning pressure equipment Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC Text with EEA relevance Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast) (Text with EEA relevance) Directive 2006/95/EC of the European Parliament and of the Council of 12 December 2006 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits (codified version) (Text with EEA relevance) 89/336/EEC EMC EUR-LEX Yes Repealed from 20/07/2007 by 2004/108/EC 92/42/EEC EuP EUR-LEX Yes 94/9/EC ATEX EUR-LEX Yes 96/98/EC MED EUR-LEX Yes 97/23/EC PED EUR-LEX Yes 1999/5/EC RTTE EUR-LEX Yes 2004/108/EC EMC EUR-LEX No 2006/42/EC Machinery Directive EUR-LEX No 2006/95/EC LVD EUR-LEX No Equipment - Copy of EU legislation.xls 21/08/2007 Page 1

8 General Regulations Legislation Title Reference No. Acornym URL for Council Directive 91/439/EEC of 29 July 1991 on 91/439/EEC EUR-LEX Yes Repealed from 19/01/2013 by driving licences 2006/126/EC Council Directive 94/57/EC of 22 November /57/EC EUR-LEX Yes on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) Maritime safety: Port State Control of the application of international standards in respect of shipping using Community ports (repeal. direct. 95/21/EC) Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (Text with EEA relevance) Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC Maritime safety: establishing a Community vessel traffic monitoring and information system (amend. direct. 2002/59/EC) Maritime security: Community guidelines on the technical independent investigations into accidents and incidents at sea (amend. direct. 1999/35/EC, 2002/59/EC) Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships (Text with EEA relevance) Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on shipsource pollution and on the introduction of penalties for infringements 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 Maritime safety: improve safety at sea while strengthening the competitiveness of our flag, Third Maritime Safety Package Maritime safety: discharge by the Member States of their obligations as flag States in accordance with the IMO Conventions Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (Recast) (Text with EEA relevance) 95/21/EC Port State Control EUR-LEX Yes COM(2005)0588 OEIL EP decision 1999/44/EC EUR-LEX Yes 2001/95/EC GPSD EUR-LEX No 2002/59/EC AIS EUR-LEX No AIS system. Applies to ships of 300 gross tonnage and upwards and recreational craft longer than 45 metres. However, the informed view is that it will be extended downwards once the scheme is up and running successfully. COM(2005)0589 OEIL EP decision COM(2005)0590 OEIL EP decision 2002/84/EC EUR-LEX No 2005/35/EC EUR-LEX Yes 2005/44/EC RIS EUR-LEX Yes COM(2005)0585 PRE-LEX COM(2005)0586 OEIL EP decision 2006/126/EC EUR-LEX No General - Copy of EU legislation.xls 21/08/2007 Page 1

9 Infrastructure Regulations Legislation Title Reference No. Acornym URL for Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues - Commission declaration Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (Text with EEA relevance) Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security (Text with EEA relevance) 2000/59/EC Port Reception Facilities Directive Amened Comments Status EUR-LEX Yes 725/2004 EUR-LEX No 2005/65/EC EUR-LEX No Infrastructure - Copy of EU legislation.xls 21/08/2007 Page 1

10 Taxation Regulations Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (Text with EEA relevance) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax 92/12/EEC EUR-LEX Yes 2003/96/EC EPD EUR-LEX Yes Energy Products Directive. 2006/112/EC EUR-LEX Yes Taxation - Copy of EU legislation.xls 21/08/2007 Page 1