Decree No. 137 / 2019 Coll.
Decree amending Decree No. 356 / 2009 Coll., on Information recorded in River Information Services
Valid
Order
Effective from 19.06.2019
137
DECLARATION
of 23 May 2019
amending Decree No 356 / 2009 Coll., on information recorded in the River Information Services
The Ministry of Transport provides pursuant to § 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 § 32a paragraphs 1 and 4, § 32b paragraph 3 and § 32e paragraph 5 of the Act:
Decree No 356 / 2009 Coll., on the information recorded in the River Information Services, is amended as follows:
1. In Article 1, the words "This decree implements the relevant European CommunityRegulations (1), (2) and (3) are replaced by the words" This decree implements the relevant European UnionRegulations (1) and (4). "
Footnote 1:
"(1) 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."
2. in Paragraph 1 (a), the word "River" is replaced by the word "River";
3. In Article 1 (d), the words "land parts' shall be inserted after the words" operator '.
4. In Article 1, at the end of point (d), the dot is replaced by a comma and the following point (e) is added, including footnotes 2 and 3:
"(e) the use of equipment and software intended for:
1. to monitor the position and movement of vessels within the Inland Automatic Identification System in accordance with the directly applicable European Union Regulation adjusting the technical specifications for the position and movement systems of the sail2) (hereinafter referred to as "AIS equipment"); and
2. the display of electronic navigation maps and vessel position and movement information in accordance with the directly applicable European Union regulation amending the technical specifications for the electronic navigation map display and information system for inland navigation (3) (ECDIS equipment).
2) Commission Regulation (EC) No 415 / 2007 of 13 March 2007 on technical specifications for vessel tracking and tracing systems pursuant to Article 5 of Directive 2005 / 44 / EC of the European Parliament and of the Council on harmonised river information services (RIS) on inland waterways in the Community, as amended.
3) Commission Implementing Regulation (EU) No 909 / 2013 of 10 September 2013 on the technical specifications for the electronic navigation map and information system for inland navigation (Inland ECDIS) pursuant to Directive 2005 / 44 / EC of the European Parliament and of the Council. '.
5. in Article 2 (a), the words "the Transhipment Point, Port Port, Port" shall be replaced by the words "the Port, Port Port, Transit Point, Landfill Point, Anchor Bay."
6. In Section 2, at the end of the text of point (a), the words "if the vessel does not continue in an uncompleted voyage 'shall be added.
7. in Article 2 (b):
"(b) by the end of the voyage, the moment of arrival
1. the place of unloading, the port, the port, the port, the transhipment point, the loading ground, the berth, the place of unloading or the place of delivery of the goods, unless the vessel continues to sail in the same direction in the next 8 hours;
2. the place where the voyage started; or
3. the location of the station, port or port, if the vessel in which the ferry is operated, and this vessel will not continue to sail for the next 8 hours; points 1 and 2 shall not apply to the vessel in which the ferry is operated; ';
8. in § 2 (c) (1), the word "transport" shall be replaced by "transport" (4);
footnote 4:
"4) § 33 (1) of Act No. 114 / 1995 Coll., on Inland Navigation, as amended."
9. in Article 2 (d):
"(d) equipment for remote and continuous access to RIS
1. an installation enabling automated continuous transmission of data to and from the RIS system via a public data network; or
2. equipment through which connection and work with RIS services or RIS websites, including information with limited access, are possible; ';
10. in Article 2 (g), the words "in the format indicated in the directly applicable legislation of the European Communities" shall be replaced by the words "under the directly applicable regulation of the European Union5";
footnote 5:
"(5) Commission Regulation (EU) No 164 / 2010 of 25 January 2010 on the technical specifications for the electronic message system for inland navigation pursuant to Article 5 of Directive 2005 / 44 / EC of the European Parliament and of the Council on harmonised river information services (RIS) on inland waterways in the Community."
11. in Article 3 (a), the words "939.84 (Qualetics)" shall be replaced by the words "949.1 (Cross)."
12. in Article 3 (a), the word 'navigation' is replaced by 'signal';
13.
RIS information items
(1) Information on the waterway and on the waterway traffic recorded in the RIS system includes information items
(a) an electronic navigation map in the format of Inland ECDIS in accordance with the directly applicable European Union3), including an axis of the waterway, indicating the kilometer of the waterway (hereinafter referred to as the electronic navigation map);
(b) the location of the components of the waterway and objects on the waterway listed in Annex 1 to this Decree;
(c) restrictions on vessels or their assemblies, taking into account their length, width, draught and height of a fixed point for passage by water;
(d) the location of ports, ports, transports, bulkheads and berths;
(e) operating times for ports, lock rooms and mobile bridges;
(f) information on the planned change in the operating time of lock rooms and floating bridges;
(g) information on planned maintenance of waterways or its components, which is expected to stop or restrict navigation operations;
(h) information on the planned and actually performed aggravation of ice cells;
(i) port management contacts, including those for reporting and departing from port, within the meaning of a special regulation governing port navigation operations;
(j) contacts on the service of lock and bridge operators;
(k) the operating rules of ports;
(l) the details of the aquatic conditions on the waters listed in Annex 2 to this Regulation, including forecasts of the aquatic conditions on those waters;
(m) details of the current underpass height of bridges;
(n) surveillance footage from lock and lock cameras; and
(o) details of the process of navigating through the lock and the running condition of the lock.
(2) Information on incidents on the waterways in the RIS system includes information items which are:
(a) place of emergency;
(b) the time at which the incident occurred;
(c) a description of the incident;
(d) the transport measures and safety recommendations adopted; and
(e) the expected duration of the emergency.
(3) Information on vessels and cargo carried in the RIS includes information items which are:
(a) registration of vessels;
(b) Vessel position and movement data
1. place and time of departure,
2. the place and time of the estimated turnover of the vessel;
3. information on crossing national borders,
4. the place and time of the expected end of the voyage and the place and time of the end of the voyage;
5. the time assumed and actual passage through the lock, the bridge and across the national borders; and
6. the position, speed and course of the vessel recorded and communicated by the AIS;
(c) the quantity and type of cargo carried;
(d) the characteristics of the dangerous goods carried; and
(e) the number of passengers on board.
(4) Information on port charges recorded in RIS includes information items which are:
(a) an overview of port charges containing the amount of port charges and the list of services they include; and
(b) the validity of the list of port charges. ';
14. in Article 5, "1 (c)" is replaced by "3."
15.
"Structure, form, content and manner of transmission of information
(1) The information transmitted by the operator or vessel leader to the RIS administrator shall include:
(a) the place and time of the start of the voyage, the place and time of the expected passage through the lock, the bridge and the crossing of the national border, the place and time of the estimated turnover of the vessel, the place and time of the expected end of the voyage and the identification of the vessel by means of the identification marks transmitted before the start of the voyage;
(b) details of the quantity and type of cargo carried, the characteristics of the dangerous goods carried, the number of passengers on board, transmitted no later than without undue delay after the start of the voyage;
(c) information on the change in the data referred to in points (a) and (b) transmitted without undue delay after the change has occurred;
(d) the information referred to in Article 4 (3) (a), (b) (1), (4) and (5), (c) to (e) transmitted on crossing the national borders from abroad to the Czech Republic,
(e) information on the crossing of national borders transmitted on crossing of national borders from the Czech Republic to abroad;
(f) the time and place of completion of the voyage transmitted without undue delay after the end of the voyage;
(g) information on the location and description of the emergency on the waterway transmitted without undue delay after its detection; and
(h) information on the location of vessels identified by registration marks transmitted at the time of the stop of the voyage in connection with the achievement of the maximum authorised water status.
(2) Paragraph 1 (b) to (e) shall not apply to the operator or leader of the vessel by which the arrival is carried out. Paragraph 1 (b) and (c) shall not apply to operators of a vessel or a leader of a vessel which is a passenger ship without cabins operated by regular passenger waterway transport.
(3) In addition to the information referred to in paragraph 1, the information transmitted by the operator or the master of the vessel in which the ferry is operated, includes information on the quantity and type of cargo carried and the number of passengers transmitted no later than 10 days after the end of the voyage. In addition to the information referred to in paragraph 1, the RIS administrators shall include information on the number of passengers transported no later than 48 hours after the end of the voyage.
(4) In addition to the information referred to in paragraph 1, information transmitted by the master of the vessel using the AIS equipment under the statutory obligation shall include information on the position, speed and course of the vessel transmitted in real time through the AIS.
(5) The information referred to in paragraphs 1 and 3 shall be transmitted by the operator or the vessel leader by telephone or radio, unless otherwise specified. The information referred to in paragraph 1 (a) to (d) and (f) and paragraph 3 may also be transmitted by electronic message and the information referred to in paragraph 1 (a) to (e), (g) and (h) and paragraph 3 may also be transmitted through remote and continuous access to the RIS.
(6) The information referred to in points (a) to (f) and (h) of paragraph 1 and paragraph 3 shall be transmitted by the operator or leader of the vessel equipped with the AIS equipment on the basis of a statutory obligation only through remote and continuous access to the RIS. The information referred to in paragraph 1 (e), (f) and (h) may also be transmitted through the AIS. ';
16. The following Sections 6a to 6d are inserted after Section 6:
(1) The information transmitted by the waterway manager to the RIS administrator shall include:
(a) the operating time of lock rooms and mobile bridges, provided that they are operated by the watermaster;
(b) information on the planned change in the operating time of lock and bridge locks, provided that they are operated by the Waterway Manager;
(c) contact with lock and bridge operators, provided that they are operated by the Waterway Manager;
(d) surveillance footage of lock and bridge cameras which take up the waterway and lock space or bridge space, provided that the space is equipped with such cameras;
(e) details of the progress of navigating through the lock and running condition of the lock when the lock is equipped with a device for monitoring and automatic transmission; the data referred to in this point are:
1. lock status (in service, out of service),
2. the current position of the door (open, open, closed, closed),
3rd level level in the lock (top, bottom, rising, falling),
4. light-signalling signals;
5. the level of the level on the horse and the flow through the animal profile; and
6. meteorological information (temperature, wind, visibility),
(f) information on planned maintenance of waterways or their components which is expected to stop or restrict navigation operations;
(g) information on the location and description of incidents on the waterway;
(h) information on the planned and actually performed aggravation of ice cells;
(i) the current underpass height of bridges equipped with the relevant measuring equipment, provided that this equipment is managed by the water manager; and
(j) information on the ensured water status, its predictions and short-term handling of Usti nad Labem.
(2) The information referred to in points (a) and (c) of paragraph 1 shall be transmitted without undue delay, no later than 1 hour after its acquisition, by means of a remote and continuous access device to the RIS system, a data box or an e-mail signed in a manner with which other legislation links the effects of the handwritten signature.
(3) Information referred to in paragraph 1 (b) (b) are transmitted at least 3 months before the planned change in the operational time or the planned maintenance of the waterway or its components is carried out by means of remote and continuous access devices to the RIS system.
(4) The information referred to in paragraph 1 (d), (e), (f), (i) and (j) shall be transmitted without undue delay through remote and continuous access facilities to RIS.
(5) The information referred to in points (g) and (h) of paragraph 1 shall be transmitted without undue delay, no later than 1 hour after its acquisition, by telephone, radio or via remote and continuous access to RIS.
Information transmitted by the Czech Hydrometeorological Institute to the RIS administrator through remote and continuous access to RIS includes information about:
(a) the applicable water conditions and flows on the waterfowl listed in Annex 2 to this Decree, at an hourly frequency; and
(b) forecasts of water stocks and watercourses listed in Annex 2 to this Decree for a period of 48 hours; the forecast is issued daily at 10.00 hours
(1) The information transmitted by the port ground operator to the RIS administrator without undue delay by means of remote and continuous access to RIS shall include information on:
(a) port charges and their amendment;
(b) the operational time of the port and its amendment;
(c) contacts for port management, including contacts for the notification of arrival and departure within the meaning of the special regulation governing port navigation operations;
(d) the structure of the information contained in the port arrival report;
(e) the operating rules of ports, when processed;
(f) the location and description of the incidents at the port; and
(g) vessels referred to in § 2 (c) identified by registration marks which are in port.
(2) Paragraphs 1 (a) to (d) shall not apply to operators of the land part of a port not public.
In the event of a failure of a remote and continuous access facility to the RIS system for more than 15 minutes or in the maintenance of the RIS, the information referred to in paragraphs 6 (6), 6a (3) and (4), 6b and 6c may be transmitted by telephone, radio or via a public data network. The operator of the vessel, the master of the vessel, the operator of the land part of the port, the Czech Hydrometeorological Institute and the Waterway Manager shall transmit the information in the cases and in accordance with the first sentence for a maximum period of 24 hours per calendar month. ';
17. The following Section 6e is inserted after Section 6d, including the title and footnote 6:
Method of use of AIS and ECDIS
(1) The ECDIS shall be used with the current version of the electronic navigation map published in RIS. For a maximum period of 10 days after the publication of a new version of the electronic navigation map in RIS, the previous version of the electronic navigation map may be used.
(2) The programme equipment of the ECDIS and AIS equipment must be updated to the latest version no later than 3 months after its new version.
(3) When using the AIS equipment, the current data on the vessel, its movement and position shall be entered and transmitted:
(a) MMSI;
(b) the name of the ship registered in the register or a similar record kept by another State;
(c) call sign of the vessel,
(d) the type of vessel or assembly;
(e) the European Vessel Identification Number (ENI) where the vessel has been allocated;
(f) the total length and width of the vessel or assembly of vessels, to an accuracy of decimetres;
(g) maximum current static draught of the vessel or vessel assembly;
(h) additional signaling of a vessel or assembly of vessels when carrying dangerous goods under the law;
(i) position of vessel (WGS84);
(j) the speed of the vessel in relation to the country (SOG);
(k) heading of the vessel in relation to the country (COG);
(l) vessel positioning accuracy (GNSS / DGNSS);
(m) the current date and time of the electronic navigation apparatus;
(n) the total number of persons on board; and
(o) the navigational status of the vessel.
(4) When using the AIS equipment on board a vessel of the State Navigation Administration, the Police of the Czech Republic and the municipal police need not be transmitted for the necessary time the data referred to in paragraph 3, if their broadcasting could thwart the performance of tasks under other legislations6).
(5) The data referred to in paragraph 3 shall be entered in accordance with the European standard setting out technical requirements for inland vessels (ES- TRIN 2017 / 1) of 6 July 2017. The technical standard referred to in the previous sentence shall be made publicly available in a way that allows remote access.
6) For example Act No. 273 / 2008 Coll., Act on the Police of the Czech Republic, as amended, Act No. 553 / 1991 Coll., on the Municipal Police, as amended, Act No. 114 / 1995 Coll., on Inland Navigation, as amended. '
18. In Annex 1, point 1, the word "navigation 'is replaced by the word" signalling'.
19. In Annex 1, point 12, the word "port 'is replaced by" ports, ports, transhipments'.
20. In Annex 1, point 13 is replaced by the following:
"14th above and underground lines and pipe lines crossing the water path."
21. In Annex 2, point 1 is added: "1.
Points 1 to 6 shall become points 2 to 7.
22. In Annex 2, points 3 and 4, the words "(water only) 'are deleted.
23. in Annex No 2, point 5 is deleted;
Points 6 and 7 shall become points 5 and 6.
Efficacy
This Decree shall take effect on the 15th day following its publication, with the exception of the provisions of Article 5 (1) (a), (b) and (c). I points 4 and 17, which take effect 6 months after its publication.
Minister for Transport:
JUDr. Kremlin v. r.
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Regulation Information
| Citation | Decree No. 137 / 2019 Coll., amending Decree No. 356 / 2009 Coll., on information recorded in the River Information Services |
|---|---|
| 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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