ES-TRIN, Article 1.01(1.28) and Chapter 24 - Certification of a traditional craft
1. Questions regarding the demonstration purposes of a traditional craft:
The term “traditional craft” is defined in Article 1.01 of the ES-TRIN as follows:
1.29 "Traditional craft": a craft which, based on its age, its technical nature or construction, its rarity, its meaning for the preservation of traditional principles of seamanship or techniques of inland navigation or its significance for a period from a historic viewpoint, is worthy of being preserved, and is operated for demonstration purposes in particular, or a replica thereof.
What is meant by “is operated for demonstration purposes in particular”?
Activities that keep knowledge, craftsmanship and seamanship alive, which are connected to the reconstruction, maintenance and the operation of vessels with traditional craft.
2. Questions regarding the emissions requirements for internal combustion engines of traditional craft or replicas:
If the certificate/vessel type is amended to reflect a traditional craft, does the transitional provision regarding the engines continue to be applicable to the vessel? How to deal with replicas of traditional craft if an engine were to be installed that would not comply with the current emissions requirements? How to deal with deviations applying to emissions? May a traditional craft, for example, navigate long distances independently under its own motive power (e.g. Amsterdam – Paris) or should in this respect restrictive conditions be imposed? For example, in the form of a maximum number of hours of navigation?
It is necessary to distinguish between the following situations:
a) the vessel already has a valid inland navigation vessel certificate and keeps its certificate;
Transitional provisions are then applicable to the vessel, in particular those relating to Article 9.01(2) on emissions requirements. ESI-IV-1, Part 2, clarifies the application of transitional provisions in the case of a change in the type of craft.
b) the vessel has no vessel certificate, but the engine was already on board on the selected historical date;
Then, transitional provisions are not applicable to the vessel; however the engine can be accepted subject to a derogation in accordance with Article 24.01 with the restrictions mentioned in Article 24.02(6).
c) the vessel has no vessel certificate, and the engine was not on board on the selected historical date,
Then, transitional provisions are not applicable to the vessel. The vessel must comply with the current emissions requirements, in particular those of Article 9.01(2) (Stage V engine).
d) replica of a traditional craft.
Replicas of traditional vessels are always “new constructions” (no previous certificate), so new “non-road mobile machineries” in the scope of the Regulation (EU) 2016/1628. Therefore the engines on board these vessels must always comply with current emission requirements.
3. Questions concerning the implementation of Chapter 24
What is the intention of Chapter 24? Do all deviations have to be entered one by one in the inland navigation vessel certificate? Must justification be provided to support all these deviations? Should an equivalent level of safety be established for all these deviations?
The Working group CESNI/PT confirms that Chapter 24 requires a list of derogations (where necessary due to the need to preserve the craft’s historic character) and compensations to achieve an equivalent level of safety (technical/operational measures), as provided for in Articles 24.01(3) and 24.02(2)(d)(ee).
The operational compensatory measures shall be included in the safety concept referred to in Article 24.02(2)(c).
4. Questions regarding the operation of traditional craft carrying passengers:
If a vessel is converted and/or is going to be used for transporting passengers, all special provisions and all requirements specific to this type of craft shall be complied with fully in accordance with ESI-IV-1. Transitional provisions cannot be invoked for these requirements (ESI-IV-1(2.1.3)). A vessel that was not intended for use as a passenger vessel and now wants to carry passengers must in principle fully comply with all the requirements set out in Chapter 19 of ES-TRIN.
Under Article 24.02(6), only the crew or persons who are on official business on board can remain on the craft while under way, unless a recommendation (an international derogation) is approved in accordance with EU or CCNR legal frameworks.
How to deal with a request for a recommendation to operate with passengers aboard traditional craft?
Traditional craft must not create a competitive situation with passenger vessels. They can undertake activities relating to "demonstration purposes", which must be included in the operations concept referred to in Article 24.02(2)(b).
In order to avoid unfair competition with passenger vessels, the recommendation could set a maximum number of persons apart from the crew.
CESNI/PT (21) 101 – Com. NL
CESNI/PT (22)m 25 rev. 1, item 5.1
CESNI/PT (22)m 50, item 6.2 (in particular Annex 3 with proposed answers submitted by the Dutch delegation)
CESNI/PT (22)m 65, item 5.1
CESNI Guide to possible derogations from technical requirements of the ES-TRIN for traditional craft
CESNI/PT (22) 47 rev. 1
CESNI working group technical requirements CESNI/PT, traditional craft, engine