Annex 3, Section I
In the model Community certificate, (46), (47) and (48) contain a reference to a footnote indicating “Requirements of national or international law which a Member State may choose to apply, or have no requirements”.
Does this mean that the competent authority issuing the certificate is mandatorily required to provide information in these items once requirements concerning the crews exist that:
- are applicable within that country’s territory?
- are applicable on the waterways of another state where the vessel is navigated?
There is, in fact, no mention of this matter in Administrative Instruction No 11 [ESI-I-1], and we thus only have the minutes taken at the JWG meetings in 2008, according to which the principle was stated that these items could be completed depending on the case, either on the basis of the Rhine regulation or other international requirements or national requirements.
The issue is to put forward a common rule for either completing these items or not, based on the rules pertaining to the crew which may or may not apply. In reality, the differences in the composition of crews among Member States could result in sanctions being levied against a vessel navigating in one state on the basis of information recorded in the Community certificate corresponding to another state.
46) of the model Community certificate can be filled in by any of the Inspection Bodies.
(47) can only be filled in by any of the Inspection Bodies with regard to compliance with the requirements of Article 23.09 [Chapter 31 ES-TRIN] and with regard to national crew regulations.
If the vessel is allowed to navigate on the Rhine, (48) can only be filled in by Inspection Bodies of Member States of the CCNR.
RV/G (12) 16 rev. 1 = JWG (12) 14 rev. 1; RV/G (12)m 59 = JWG (12)m 61, F5; JWG (12)m 91, point 7.2
Joint working group JWG, model of Community certificate