Inland navigation law

Ensuring the unity of the legal regime on the Rhine

The Central Commission endeavours to ensure the unity of the legal regime governing navigation on the Rhine. To achieve this, it not only adopts common rules but also works to ensure that these rules are interpreted and applied in a similar manner in all Member States.

To this end, the contracting States to the Revised Convention for Rhine Navigation have, via the CCNR, provided an official interpretation for this Convention. The Central Commission in particular adopted a resolution relating to the principles of interpretation of the Mannheim Convention in 2003.

The Central Commission may also seek (subject to formal ratification by the Member States) changes to the Mannheim Convention by means of the adoption of additional protocols. Seven additional protocols have been adopted to date.

Lastly, an amicable settlement procedure for disputes relating to the application or implementation of Rhine regulations is provided for in Article 45 of the Mannheim Convention.

This procedure enables any Member State, but also any individual or legal entity and any public bodies with a legitimate interest to file a complaint with the Legal Committee regarding the application or implementation of the regulations adopted by the CCNR. This is a non-legal avenue that can be taken independently of administrative or legal suits that may be filed in a Member State. The rule of exhaustion of domestic remedies does not need to be satisfied for a complaint to be examined.

The procedure is detailed in the Regulation on the right to file complaints. It broadly breaks down into the following steps. The State concerned is initially notified of the complaint and has a period of three months in which to submit its observations. Following this period, the Secretariat passes the complaint and the observations of the State concerned to the Legal Committee which looks at the arguments at hand and proposes a draft resolution that is subsequently adopted in plenary session.

Vessels belonging to the Rhine navigation

Access to the Rhine market

The Mannheim Act limits access to the Rhine market to "vessels belonging to the Rhine navigation". Additional Protocol No. 2 defines a vessel belonging to the Rhine navigation as a vessel registered in a Member State and able to prove this with a certificate of belonging to the Rhine navigation.

The way in which this certificate can be obtained are set out in an Application Regulation. The conditions for issuing the certificate are designed to ensure that there is a genuine link between the vessel and the State issuing the certificate. Only the contracting State in which the vessel is registered may issue and withdraw this certificate. If the vessel is not registered in one of the contracting States, the competent State is that in which the owner's domicile or residence is located or the registered office of the owner's business is situated.

If the owner and the operator of the vessel are not the same (legal) person and are not domiciled or established in the same contracting State, an operator's certificate may be issued by the competent authority of the contracting State.

• Model certificate of belonging to the navigation of the Rhine
• Model operator’s certificate

In accordance with Additional Protocol No. 2 and Council Regulation (EEC) No 2919/85, Vessels registered in any Member State of the European Economic Community enjoy the same treatment as vessels belonging to the navigation of the Rhine. Access to Rhine cabotage (traffic between two Rhine ports) is therefore open to vessels registered in one of the CCNR or EU Member States and which can prove this right by means of a certificate of belonging to the navigation of the Rhine. The conditions for obtaining this certificate are set out in the Application Regulation of the CCNR and Council Regulation (EEC) No 2919/85.

The CCNR has also adopted recommendations for the national authorities responsible for issuing certificates. These recommendations highlight the checks that can be carried out to combat fraud as effectively as possible:

• Recommendation on the issuing of the certificate of belonging to the navigation of the Rhine and the operator’s certificate

For competent authorities

The documents listed below are intended only for the competent authorities:

• Application for a certificate of belonging to the navigation of the Rhine
• Application for an operator’s certificate

For individuals

Individuals should contact the competent national authorities directly:

• List of authorities authorised to issue a certificate of belonging to the navigation of the Rhine

Fair trading

The prosperity of the navigation of the Rhine also requires a clear legal framework to guarantee fair trading. Although it lacks formal powers in this area, the CCNR is endeavouring to develop a role as a legal information and monitoring tool to ensure a certain transparency to the legal framework underpinning inland navigation. This effort depends on the willingness of Member States to provide and set out their domestic rules. It also requires cooperation with the European Union, which now regulates a large part of this area. Through this work, the CCNR looks for any gaps or misalignments in existing rules governing international inland navigation, and makes suggestions.

The Legal Committee is notably working on a crew certificate that would document that the crew’s position as regards their work and stay permits is in order and would in return provide them with greater freedom of movement professionally.

Harmonisation of private law (contract and third party liability)

The clarification of the legal framework also requires work to harmonise private law rules applicable to inland navigation in Europe. The CCNR, via its Legal Committee, has been behind many international conventions. In particular, the Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway (CMNI) of 22 June 2001 and the Strasbourg Convention on the Limitation of Liability in Inland Navigation (CLNI) of 4 November 1988 were adopted on the basis of an initiative of the Legal Committee. The Committee is currently working on revising the CLNI via a special working group. The main purpose of the revision is to extend the scope of the Convention to all European states.

Legal Committee

Committee Chairman: Mrs. Muriel BOULDOUYRÉ, Commissioner for France
Secretariat: Ms. BRAAT

Working group: CLNI/EG (Governmental expert group for the revision of the CLNI convention)

Schedule of meetings

Work programme