Decree No. 136 / 2019 Coll.
Decree amending Decree No. 223 / 1995 Coll., on the eligibility of vessels to operate on inland waterways, as amended
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Effective from 19.06.2019
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04.06.2019
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136
DECLARATION
of 23 May 2019
amending Decree No 223 / 1995 Coll., on the eligibility of vessels to operate on inland waterways, as amended
The Ministry of Transport provides, pursuant to Article 52 of Act No. 114 / 1995 Coll., on Inland Navigation, as amended by Act No. 358 / 1999 Coll., Act No. 118 / 2004 Coll., Act No. 309 / 2008 Coll., Act No. 187 / 2014 Coll. and Act No. 135 / 2019 Coll., ("the Act ') for the implementation of Sections 9 (6), § 10 (3) to (7), 11, § 10a (2), § 10b (1) and (6), § 10c (1) and (4), § 11 (2), § 17 (3), § 19 (1), § 24 (4), § 42 (8):
Decree No. 223 / 1995 Coll., on the eligibility of vessels to operate on inland waterways, as amended by Decree No. 83 / 2000 Coll., Decree No. 186 / 2005 Coll., Decree No. 6 / 2006 Coll., Decree No. 38 / 2006 Coll., Decree No. 173 / 2009 Coll., Decree No. 388 / 2009 Coll., Decree No. 38 / 2010 Coll., Decree No. 28 / 2014 Coll. and Decree No. 65 / 2015 Coll., are amended as follows:
1. footnote 1 shall read:
"(1) Directive (EU) 2016 / 1629 of the European Parliament and of the Council of 14 September 2016 laying down technical requirements for inland waterway vessels, amending Directive 2009 / 100 / EC and repealing Directive 2006 / 87 / EC. Commission Delegated Directive (EU) 2018 / 970 of 18 April 2018 amending Annexes II, III and V to Directive (EU) 2016 / 1629 of the European Parliament and of the Council laying down technical requirements for inland waterway vessels. ';
2. in Paragraph 1 (a):
"(a) technical requirements for floating bodies and vessels subject to registration, except:
1. small vessels whose volume, calculated as the product of length, width and draught, is less than 100 m3;
2. floating gear with a length of less than 20 m, the volume of which is calculated as the product of length, width and dive is less than 100 m3; ';
3. in Article 1, the following points (b) and (c) are inserted after point (a):
'(b) technical requirements for vessel equipment and equipment;
(c) a more detailed breakdown of the types of vessels and their characteristics; ';
Points (b) to (l) shall be renumbered (d) to (n).
4. In Article 1 (g), the words "and its' are replaced by the words", the technical examinations relating to the modification or repair of the vessel and the technical examinations relating to the exercise of State supervision and their supervision ';
5. In Paragraph 1 (j):
"(j) models of the vessel's certificates, their entries and their period of validity;"
6. in Article 1, the following point (k) is inserted after point (j):
'(k) model of the provisional certificate of the vessel,'
Points (k) to (n) shall be renumbered as points (l) to (o).
7. Paragraph 1 (l) reads as follows:
"(l) the waterway navigation zones for which the technical competence of the vessel is approved and the conditions of technical competence to be met by the vessel for operation in each navigation zone;"
8.
Waterways sailing zones
(K § 10 (7) of the Act)
The European Union's inland waterways are included in sailing zones 1 to 4. The classification of the waterways of the Czech Republic in individual sailing zones is set out in Annex 1 to this decree. '
9. The heading of Section 2 reads:
"More detailed breakdown of vessel species and their characteristics
(K § 9 (6) of the Act) '.
10.Paragraph 2 (1) reads as follows:
"(1) Ships are subdivided into:
(a) passenger ships;
(b) freighters;
(c) motor tankers;
(d) tugs;
(e) towing boats;
(f) pushing boats;
(g) ferry ships;
(h) special ships. ';
11. in Article 2 (3) (b), the part of the sentence after the semicolon, including the semicolon, is deleted;
12. in Paragraph 2 (3) (d), the words "its destination for the carriage of passengers, cargo and vehicles from one shore of the waterway to the other, which is part of a carriage connecting to the road and replacing the crossing of the waterway" shall be replaced by the words "its construction and destination for the transport of passengers, animals or goods on the ferry replacing the crossing of the waterway."
13. in Article 2, paragraph 4 is deleted;
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
14. in Paragraph 2, paragraph 5 is deleted;
Article 15 (3) and (3a), including the headings, read:
Technical requirements for vessels and their equipment
(Articles 9 (6), 10 (7) and 10b (1) of the Act)
(1) The technical requirements for the operation of a vessel subject to this Decree, which is not a ferry, floating gear or floating body, on the European Union waterways in zone 3 and 4 and on the waterways of the Czech Republic in zone 2, and the technical requirements for its equipment and equipment are laid down in a European standard setting out the technical requirements for inland vessels ES- TRIN (hereinafter referred to as the "ES- TRIN standard"). The technical standard referred to in the previous sentence shall be made publicly available in a way that allows remote access.
(2) The technical requirements for the operation of a ferry ship, floating gear or floating body on the waterways of the Czech Republic in the navigation zone 2, 3 or 4 and the technical requirements for their equipment and equipment are set out in Annex 2 to this Regulation.
(3) The technical requirements set out in Annex No 2 to this Regulation shall not apply to vessels manufactured or placed on the market in a Member State of the European Union, the Contracting State of the Agreement on the European Economic Area, Switzerland or Turkey, provided that:
(a) comply with the technical regulations which are binding on the production, placing on the market or use of such vessels in one of those States; and
(b) ensure at least the level of protection of human life and health and the environment as pursued by Annex 2 to this Decree.
Use of equivalent technologies and deviations from technical requirements
(1) The technical requirements laid down by the ES- TRIN standard need not be applied to the extent that the European Commission, in accordance with the European Union Regulation governing technical requirements for inland waterway vessels (1), authorises derogations from this standard by implementing act or recognises the equivalence of technical solutions used.
(2) The information on derogations and recognition of equivalence referred to in paragraph 1 shall be entered on the certificate of the vessel. "
16. The following Sections 3b and 3c are inserted after Section 3a:
Reduced technical requirements for certain vessels
(1) The technical requirements laid down by the ES- TRIN standard do not need to be applied to the operation of the vessel exclusively on the waterway of the Czech Republic in Zone 3 or Zone 4 within the limits of the derogations set out in Annex 3 to this Decree.
(2) The technical requirements laid down by the ES- TRIN standard for the operation of a vessel exclusively on isolated waterways of the Czech Republic in Zone 3 or Zone 4 shall not apply to the extent of the derogations set out in Annex 4 to this Regulation, provided that the request indicates the isolated waterways of the Czech Republic on which the vessel will operate.
(3) The technical requirements laid down by the ES- TRIN standard need not apply to a vessel built before 1 January 1950 for the operation of a vessel exclusively on the waterway of the Czech Republic in Zone 3 or Zone 4 within the scope of the derogations set out in Annex 5 to this Regulation,
(a) whose load capacity does not exceed 350 tonnes; or
(b) which is not intended to carry a load and whose maximum allowable displacement is less than 100 m3.
(4) The technical requirements laid down by the ES- TRIN standard shall not apply to the operation of a vessel exclusively intended for limited navigation of local importance on the waterways of the Czech Republic in Zone 3 or Zone 4 within the scope of the derogations set out in Annex 5 to this Regulation if the application indicates the section of the waterway where the vessel will be operated.
(5) A vessel for which verification of compliance with the conditions of technical competence has been carried out in accordance with paragraphs 2 and 4 shall be marked on the certificate by a specific waterway of the Czech Republic or its section. Derogations from the ES- TRIN standard referred to in paragraph 1 shall be indicated on the certificate of the vessel. Derogations from the ES- TRIN standard referred to in paragraph 2 shall be indicated on the vessel certificate to the extent set out in Annex 4 to this Decree. Derogations from the ES- TRIN standard referred to in paragraphs 3 and 4 shall be indicated on the vessel certificate to the extent set out in Annex 5 to this Regulation.
Voluntary submission to the requirements of ES- TRIN
The technical requirements set out in Annex 2 shall not apply to the operation of a ferry, floating gear or floating body if the vessel complies with the technical requirements set out in the ES- TRIN standard and the application indicates the certification requirement in Annex 9 to this Regulation. Paragraphs 3 (1) and 3b shall apply mutatis mutandis. '
17.
Vessels subject to verification of technical competence by expert boards and mandated by a legal person
(K § 10 (3) and (4) of the Act)
(1) The verification of compliance with the conditions of technical competence of vessels by the expert commission established by the navigational authority shall be subject to the vessels subject to this decree, except for floating bodies.
(2) Vessels for which the navigational authority may authorise a legal person to carry out a technical inspection are vessels subject to this decree, except floating bodies. '
18. The heading above § 4a is deleted.
19. The title of § 4a reads:
"Expert Commission and its activities
(K § 10 (3) of the Act) '.
20. in Article 4a (1), the words "one expert in the field of traditional vessels defined by ES- TRIN" shall be inserted after the words "and their machinery."
21. in Article 4a (3), the text "paragraph 1" shall be inserted after the text "Article 4";
22. At the end of paragraph 3, the sentence "The expert in the field of traditional vessels and the carrying out of inspections of traditional vessels must have at least a secondary education with a graduate examination in the field of engineering and engineering production (2b) and knowledge of the legal and technical provisions in the field of technical competence of traditional vessels as defined by the ES- TRIN standard. '
23. in Paragraph 4b (1), the first sentence is deleted;
24. in Article 4b (1), the words "compliance" shall be inserted after the words "verification."
25. in Article 4b (1), the words "its member" shall be replaced by the words "a member of the expert commission."
26. In Article 4b, the sentence "The basis for verifying compliance with the conditions of technical competence of a traditional vessel as defined by the ES- TRIN standard shall also be added at the end of paragraph 1, the opinion drawn up by a member of the expert committee which is an expert in the field of traditional vessels and the carrying out of inspections of traditional vessels. '.
27. in Article 4b (2), the words "pursuant to Article 10 (4) of the Act (hereinafter referred to as" the mandated legal person ")" shall be replaced by "paragraph 2."
28. in Article 4b (2), the words "at least one member of the expert commission" shall be replaced by the words "at least a member of the expert commission which is an expert on the construction of vessels and their machinery."
29. in Article 4b (2), "third" is replaced by "second."
30. Paragraph 4b (3) reads:
"(3) Within 5 working days of carrying out the technical inspection of the vessel by the expert commission or the submission of a document of the technical inspection carried out by the vessel authorised by the legal person, the expert commission shall deliver an opinion indicating whether the vessel complies with the specified technical requirements; in particularly complex cases, the opinion shall be delivered within 10 working days. The expert committee shall act by a majority vote. Each member of the Panel of Experts shall be entitled to make written objections concerning the technical inspection of the vessel and to submit such objections to the Chairman of the Panel of Experts no later than 2 working days after the technical inspection of the vessel or the submission of the documents referred to in the first sentence; the Panel shall discuss the objections raised and adopt an opinion on them. ';
31. in Paragraph 4b, paragraph 4 is deleted;
32. The title of § 4c reads:
"Procedure for carrying out the technical inspection and its scope
(Paragraph 10 (11) of the Act) '.
33.In § 4c, the following paragraph 1 is inserted:
"(1) The vessel shall be fitted for a technical inspection without passengers and cargo and cleaned. In the framework of the technical inspection of the vessel, it shall be possible to examine parts of the hull or equipment which are not directly accessible or visible. ';
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
34. in Article 4c (2) and (3), the words "before the vessel certificate is issued" shall be deleted;
35. in Article 4c (2), the last sentence is deleted;
36. in Article 4c (3), the words "or, in the case of significant changes to the propulsion or steering equipment" shall be deleted;
37. In Paragraph 4c, the words "or the synergies of other specialised experts' shall be added at the end of the text of paragraph 3.
38. In Paragraph 4c, paragraphs 4 and 5 are added:
"(4) When carrying out a technical inspection of the vessel to verify compliance with the conditions of technical competence laid down by the ES- TRIN standard, the procedures laid down by that standard shall also apply. The provisions of this decree shall apply when carrying out a technical inspection of the vessel to verify compliance with the conditions of technical competence set out in Annex 2 to this Regulation.
(5) The technical examination shall be carried out to the extent that all specified conditions of technical competence are verified. "
39. § 4d, including the title reads:
Recognition of roadworthiness tests carried out by another State
(Paragraph 10a (2) of the Law)
A technical inspection carried out by an authority of another Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area which is competent to issue a document certifying the technical competence of a vessel for which the conditions of technical competence are not demonstrated by a Union certificate shall not be recognised if more than 5 years have elapsed since its implementation. ';
40. After Paragraph 4d, the following Section 4e is inserted:
Procedure for carrying out the periodic inspection, the follow-up or repair of the vessel and the follow-up and scope of the inspections
(Articles 10b (6), 10c (4) and 42 (8) of the Law)
(1) The second sentence of Article 4c (1), (2) and (4) shall apply mutatis mutandis when carrying out a regular technical inspection, follow-up or repair of the vessel, and follow-up of State surveillance.
(2) When carrying out a regular technical inspection, a land inspection shall be carried out if it is necessary to verify compliance with the conditions of the technical capability of the vessel to check the status of the supporter.
(3) When carrying out a technical inspection following the modification or repair of a vessel, a test voyage shall be carried out in the event of modification or repair of the propulsion or steering equipment if this is necessary to verify the correct functioning of the propulsion or steering equipment.
(4) When carrying out a technical inspection following the exercise of state surveillance, a land inspection or a test voyage shall be carried out if necessary to verify compliance with the conditions of technical competence of the vessel.
(5) The periodic technical examination shall be carried out to the extent that all the conditions of technical competence are verified.
(6) The technical inspection following the modification or repair of the vessel shall be carried out in order to verify compliance with the conditions of technical competence relating to the parts of the vessel which have been modified or repaired, the characteristics of the vessel which may have been affected by the modification or repair and the specific characteristics of the vessel referred to in Section 3 (1) as laid down in the ES- TRIN standard. If, when carrying out a technical inspection, doubts arise as to whether a vessel complies with any other technical requirements, they shall also be verified.
(7) The technical examination following the exercise of state supervision shall be carried out to the extent that the conditions of technical competence for which the voyage has been prohibited under the law are verified. If, when carrying out a technical inspection, there is doubt as to whether the vessel complies with any other technical requirements, they shall also be verified. ';
41. in Article 5 (1), the words "all vessels referred to in Article 2 (1)" shall be replaced by the words "ships and floating machinery."
42. In Article 5 (1), the words "except floating equipment and floating bodies" shall be deleted.
43.In Article 5 (2), "5" is replaced by "6."
Article 44 (6) and (7), including the headings, read:
Equipment of vessels by ship's lists
(Paragraph 18 (3) of the Law)
(1) Vessels subject to registration as referred to in Article 1 (a) must be equipped with shipping documents:
(a) a document or other document on the basis of which, under the law, a vessel may be operated on waterways by:
1. the certificate of the vessel,
2. the provisional certificate of the vessel,
3. a document similar to that issued by another Member State of the European Union, another Contracting State of the Agreement on the European Economic Area or the Swiss Confederation,
4. a document under an international agreement forming part of the legal order,
5. the authorisation of the navigational authority to place the vessel on a waterway; or
6. a special transport permit, if issued on the grounds that the vessel does not meet the conditions of technical competence;
(b) the logbook;
(c) a list of the crew, where a vessel is engaged in water transport for hire or reward, of passengers residing on board for more than 24 hours;
(d) the grade card, if it is subject to the recognition rule,
(e) a list of oiled waters where the vessel is a floating machine or is equipped with its own machinery or machinery for equipment installed on it;
(f) the authorisation of a special transport operation where legally required for the operation of a vessel on a waterway;
(g) the steam boiler revision book and the pressure vessel revision book, including valid certificates of such designated technical installations, where such equipment is installed on board;
(h) the permit for operation of the ship's station and the logbook of the ship's station intended for water-based radio-telephony services or the permit for operation of the radar equipment, if equipped with them;
(i) an approval certificate under an international agreement governing the transport of dangerous goods by inland waterway which is part of the legal order, provided that the vessel transports dangerous goods under that international agreement and the approval certificate is issued for such carriage;
(j) evidence of professional assembly and revision of designated technical equipment, certificates of designated technical equipment,
(k) instruments relating to navigation required by international agreements which form part of the legal order.
(2) The data entered in the logbook are contained in Annex 7 to this decree.
(3) The list of crew or the list of passengers shall include the registration number of the vessel, the date of establishment of the list, the name and, where applicable, the name of the person, the date and place of embarkation and the date of exit from the vessel, and, in the case of the crew member, the place and date of birth and its functions on board.
(4) The relevant sampling points confirm the collection of these waters from the vessel in the register of oiled waters. The data entered in the book of oiled waters are contained in Annex 8 to this Decree.
(5) The revision book of steam boilers or pressure vessels shall indicate the registration name of the vessel, the date of establishment of the revision book, the date of the revision and the outcome thereof, the date of the next revision, the name and signature of the person making the revision.
Period of validity of the vessel certificate and vessel model certificates
(Articles 10 (5), 10b (1) and 11 (2) of the Law)
(1) The validity of the certificate of the vessel is:
(a) 5 years for:
1. passenger ships,
2. vessels referred to in Paragraph 3 (1) which have their own machinery and may reach a speed of more than 40 km / h relative to water;
3. Floating facilities on which a longer-term presence of persons, such as botels, floating restaurants, shop, galleries, swimming pool,
(b) 10 years for other vessels subject to this decree.
(2) The validity of the certificate shall be extended by the period referred to in paragraph 1.
(3) A Union certificate shall be issued to the vessel in accordance with the model set out in Annex 9 to this Regulation if the vessel, its equipment and its equipment comply with the technical requirements laid down for the relevant zone in the ES- TRIN standard or comply with the technical requirements referred to in Section 3a.
(4) Model of vessel certificate for:
(a) the vessels referred to in Paragraph 3 (1) are listed in Annex 9 to this Order;
(b) ships and floating gear are listed in Annex 10 to this Decree.
(5) The model of the provisional certificate of the vessel for the vessels subject to this Order is set out in Annex 11 to this Order.
(6) The model certificate of a vessel for vessels for which verification of compliance with the conditions of technical competence for operating on the waterways of the Czech Republic has been carried out in accordance with the technical requirements set out in Section 3b (1) and have a valid Union certificate is set out in Annex No 12 to this Decree. '
45. in Paragraph 8 (1):
"(1) A vessel which can be operated on a waterway only under the condition of liability insurance for the operation of a vessel shall be:
(a) a ship, unless it is a towed or pushed boat, not carrying dangerous goods;
(b) floating machine. ';
46. in Paragraph 11a (3) (b), "30" is replaced by "45."
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Regulation Information
| Citation | Decree No. 136 / 2019 Coll., amending Decree No. 223 / 1995 Coll., on the eligibility of vessels to operate on inland waterways, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.06.2019 |
|---|---|
| Effective from | 19.06.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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