Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister for Foreign and European Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 95-536 of 5 May 1995 of the Central Commission for the Navigation of the Rhine, adopted by resolution 1993-II-19, adopted at Strasbourg on 1 December 1993,
Decrete:
Protocol 25 of resolution 2010-II-25 of the Central Commission for the Navigation of the Rhine, adopted on 8 and 9 December 2010, on the final amendments to the Police Regulations for the Navigation of the Rhine ―Water Protection and Waste Disposal from Vessels (Article 1.10, Figure 1, Chapter 15 and Annex 10), will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of State, Minister for Foreign and European Affairs, are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
P R O T O C O L E 25
RESOLUTION 2010-II-25 OF THE CENTRAL COMMISSION FOR THE NAVIGATION OF RHIN, ADOPTED 8 AND 9 DECEMBER 2010, RELATING TO DEFINITELY AMENDMENTS OF THE POLICE REGULATION FOR THE NAVIGATION OF RHIN ― PROTECTION OF RALS AND ELIMINATION OF BATES (IFFARTMENT 1
1. The Police Regulations for the Navigation of the Rhine (RPNR) contain many provisions relating to the protection of water and the disposal of waste from vessels. These include both rules of conduct applicable to the driver and the rest of the crew and indications relating to certificates and other documents to be retained on board as evidence of compliance.
2. The purpose of this proposal is to adapt the corresponding RPNR requirements to those of the Convention on the Collection, Deposit and Receipt of Wastes in Rhine and Inland Navigation of 9 September 1996 (CDNI).
3. Currently, the RPNR requirements for the waste oil control notebook are based on the principle that only vessels with a visiting certificate are operated on the Rhine in accordance with the Rhine Vessel Inspection Regulations. With the authorization to navigate on the Rhine granted to vessels with a community certificate, this principle is now wrong and the corresponding requirements must be adapted to the modified situation. (These adaptations must also be made in CDNI.)
4. The result of the assessment in accordance with the CBSC Regulatory Activity Guidelines (resolution 2008-I-3) is presented below.
Requirements to be met
Proposed amendment
The provisions relating to the protection of water and the disposal of waste from vessels contained in chapter 15 of the RPNR and those of section 1.10 relating to certificates and other documents to be kept on board are appropriate to those of the CDNI. These provisions include both rules of conduct applicable to the driver and the rest of the crew and indications relating to certificates and other documents to be retained on board as evidence of compliance. The goal of incorporating these provisions into the RPNR is to inform the driver about his or her responsibilities through simple and clear rules and to emphasize these responsibilities. Incorporation of the requirements in the RPNR will also make it easier to punish the driver or other crew members in the event of a breach of the provisions concerning the protection of water and the disposal of waste from vessels.
References to CDNI cannot be avoided, but their number has been limited as much as possible in this proposal. However, the incorporation of the provisions in the RPNR will not allow the driver to exempt himself from familiarization with the provisions of the CDNI to which he is subjected.
The RPNR requirements for the waste oil control notebook provide that the first waste oil control notebook is issued by the authority that issued the inspection certificate. Generally, the buildings now allowed to navigate the Rhine with a community certificate do not have a waste oil checkbook. For this reason, it is now proposed to adapt Article 15.05, Figure 1, and Annex 10 to the RPNR to the amended situation. These modifications must also be made in the CDNI. In addition, minor modifications to Schedule 10 to the NRPA are required in Appendix I to the NACI Regulations.
Alternative events
Proposed amendments
As an alternative to the proposed amendments, the requirements of Chapter 15 could be replaced as much as possible by a reference to CDNI. This would avoid redundancy of provisions in CDNI and RPNR, as well as the need to regularly adapt the RPNR in the event of future changes to CDNI. Since drivers not from the Rhine Basin probably do not know CDNI and CDNI is significantly less understandable than the RPNR, the use of this alternative would certainly result in a significant increase in the breaches of the provisions. In addition, it would likely be more difficult to punish offences, with sanctions based solely on provisions of CDNI sometimes transposed into national law in a very different way. On the other hand, sanctions for violations of police requirements have been introduced long ago for navigation in the Rhine basin and have also been harmonized as much as possible internationally.
In the absence of this proposal, the amendments could initially be incorporated into the RPNR as a temporary requirement. This would allow the CBSC and its member states to react more quickly and with low administrative constraints to possible difficulties related to the application of the appropriate requirements or for the parallel evolution of the provisions of the RPNR and the CDNI.
There is, in principle, no alternative to the amendment of Article 15.05, Figure 1, and Annex 10 of the RPNR.
Consequences of these changes
For the bworkshops, these amendments will remain in principle without consequences, since the provisions of the RPNR relating to the protection of water and the disposal of waste from vessels correspond to those of the CDNI and must be observed by the profession of navigation in all cases. The tasks of the supervisory authorities are likely to be facilitated, with the incorporation in the RPNR of the main provisions applicable to the driver and crew likely reflecting a decrease in the number of offences and a simplification of the sanctions. The legislator will face additional work if the provisions of CDNI have been amended in the RPNR. The number of these changes should be low, as these are more general requirements.
Consequences of a rejection of these amendments
A rejection of these amendments would result in considerable legal uncertainty. The provisions of the NRPR relating to the protection of water and the disposal of waste from vessels would deviate from those of the NACI. Persons covered by the provisions, including drivers, would be faced with different requirements for an identical situation.
Buildings operated on the Rhine with a community certificate would be unable to obtain a waste oil checkbook.
RESOLUTION
The Central Commission,
On the proposal of its Police Rules Committee,
In order to adapt the relevant requirements of the Police Regulations for the Navigation of the Rhine to those of the Convention on the Collection, Deposit and Reception of Wastes in Rhine and Inland Navigation of 9 September 1996 (CDNI) and with a view to the issuance of waste oil checkbooks to vessels operated on the Rhine with a Community Certificate,
Adopts the amendments to Article 1.10, Figure 1, Chapter 15 and Annex 10 to the Police Regulations for the Navigation of the Rhine annexed to this resolution.
The amendments in the annex will come into force on 1 December 2011.
A N N E X E
1. The following numbers (ab) and (ac) are added to section 1.10, Figure 1:
"(ab) proof of supply of diesel fuel in accordance with Annex 2, Part A, Article 3.04, paragraph 1, of the Convention on the Collection, Deposit and Receipt of Wastes in Rhine and Inland Navigation (CDNI), including receipts from retribution transactions of SPE-CDNI for a period of not less than 12 months. If the last diesel supply was made more than 12 months ago, at least the last supply document must be on board;
ac) the discharge certificate in accordance with Article 15.07, Figure 2. »
2. Chapter 15 is as follows:
“Chapter 15
“Water protection and waste disposal
on board buildings
Article 15.01
Definitions and application
1. The definitions of Article 1 of the Convention relating to the collection, deposit and receipt of wastes in Rhine and Inland Navigation (CDNI) and Articles 5.01 and 8.01 of Annex 2 are applicable to this chapter.
2. The terms and conditions for the application of the provisions of this chapter are set out in CDNI.
Article 15.02
General vigilance
The driver, other crew members and other persons on board are required to demonstrate all the vigilance required by the circumstances, in order to avoid pollution of the waterway, to minimize the amount of waste and waste water occurring on board and to avoid as much as possible any mixture of different categories of waste.
Article 15.03
Prohibition of spill and rejection
1. Disposal, dumping or leaking into the waterway from oily and greasy waste buildings occurring during the operation of the building, slops, household garbage, curage sludge and other special wastes, parts of cargo and waste related to cargo are prohibited.
2. Exceptions to this prohibition are permitted only in accordance with CDNI.
3. Without prejudice to the provisions of the CDNI, in the event of accidental dumping of wastes referred to in number 1 or the threat of such dumping, the driver must promptly notify the nearest competent authorities, indicating as precisely as possible the nature, quantity and location of the spill.
Article 15.04
Waste collection and treatment
1. The driver shall ensure the separate collection on the wastes referred to in Article 15.03, Figure 1, with the exception of the cargo parts and wastes related to the cargo, in the containers provided for this purpose and the collection of the bottom waters of the hold in the engine room holds. The receptacles shall be stored on board in such a way that any leakage of goods can be easily observed and prevented in time.
2. It is forbidden:
(a) use portable tanks stored on the bridge as waste oil collection tanks,
(b) Burning waste on board,
(c) Introduce oil or grease or emulsifying cleaning products into the machine room hold. Except for products that do not make the wastewater treatment more difficult by reception stations.
Article 15.05
Waste oil control notebook,
deposit at reception stations
1. Each motorized building that uses diesel must have on board a valid waste oil checkbook, issued by a competent authority according to the model in Annex 10. This checkbook must be kept on board. After its renewal, the previous book must be kept on board at least six months after the last registration.
2. Oily and greasy waste occurring during the operation of the building, slops and other special waste must be deposited, against justification, at reception stations approved by the competent authorities at regular intervals, determined by the state and operation of the building. This justification consists of a reference in the notebook of used oils by the receiving station.
3. Any building that, pursuant to valid provisions outside the Rhine, is provided with other documents relating to the deposit of wastes related to the operation of the vessel must be able to demonstrate the deposit of waste outside the Rhine by these other documents. The register of hydrocarbons provided for in the International Convention for the Prevention of Pollution by Ships (Marpol) is also considered as evidence for this purpose.
4. Household garbage and curage sludge must be deposited at reception stations for this purpose.
Article 15.06
Obligation of vigilance during feeding
1. When fuelling or lubricants, the driver is required to ensure that:
(a) the quantity to be calibrated is within the limits of the legible areas of the control facility;
(b) in the individual filling of tanks, the stop valves in the connecting pipes of the tanks shall be closed,
(c) the feeding procedure is monitored, and
(d) one of the facilities referred to in Article 8.05, Figure 10, of the Rhine Vessel Inspection Regulations is used.
2. The driver is also required to ensure that the persons of the fuelling station and the vessel responsible for the fuelling procedure have agreed on the following points prior to the start of the fuelling operations:
(a) the guarantee of the proper operation of the system referred to in 8.05, Figure 11, of the Rhine Vessel Inspection Regulations and a phone link between the vessel and the fuelling station,
(b) quantity to be sprayed by tank and filling flow, particularly in relation to possible tank air evacuation problems,
(c) order of filling of tanks,
(d) speed of navigation in case of fuelling during travel.
3. The conductor of a passenger vessel is only allowed to begin the feeding procedure after consultation on the points set to number 2.
Article 15.07
Waste collection, deposit and receipt
related to cargo
1. During the unloading of remains, as well as the deposit and receipt of cargo-related wastes, the driver is required to comply with the requirements of Part B of the CNIB Regulation.
2. Any building that has been discharged on the Rhine must have on board for each unloading a valid discharge certificate in accordance with the model in Appendix IV of Appendix 2 to the CDNI. Except as provided by the NCCH, the certificate must be kept on board at least six months after it is issued.
Article 15.08
Painting and external cleaning of ships
It is forbidden to induce oil or clean the outer edge of the boats with products whose discharge in the water is prohibited. »
3. Appendix 10 is as follows:
« Annex/Anlage/Bijlage 10
CONTROL CARNET MODEL
USE HUILES
(Article 15.05 RPNR; Annex 2, Appendix I CDNI [1]
MUSTER FÜR DAS ÖLKONTROLLLBUCH
(§ 15.05 RheinSchPV; Anlage 2, Anhang I CDNI [1])
MODEL VOOR HET OLIE-AFGIFTEBOEKJE
(Artikel 15.05 RPR; bijlage 2, aanhangsel I CDNI [1])
Page/Seite/Bladzijde 1
U.S. HUILES CONTROL CARNET
ÖLKONTROLLLBUCH
OLIE-AFGIFTEBOEKJE
You can consult the table in the
JOn° 299 of 27/12/2011 text number 8
Page/Seite/Bladzijde 2
Preparation of waste oil checkbooks
The first waste oil checkbook, which is fitted on page 1 of Order 1, is issued by a competent authority upon presentation of the valid inspection certificate or another certificate recognized as equivalent. This authority also applies the information provided on page 1.
All the following books will be drawn up and numbered in order by a competent authority. However, they should only be returned upon presentation of the previous book. The previous notebook must receive the indelible "not valid". After its renewal, the previous book must be kept on board for at least six months from the last registration.
Ausstellung der Ölkontrollbücher
Das erste Ölkontrollbuch, versehen auf Seite 1 mit der laufenden Nummer 1, wird von einer zuständigen Behörde gegen Vorlage des gültigen Schiffsattestes oder eines als gleichwertig anerkannten Zeugnisses ausgestellt. Sie trägt auch die auf Seite 1 vorgesehenen Angaben ein.
Alle nachfolgenden Kontrollbücher werden von einer zuständigen Behörde mit der Folgenummer nummeriert und ausgeben. Sie dürfen jedoch nur gegen Vorlage des vorhergehenden Kontrollbuches ausgehändigt werden. Das vorhergehende Kontrollbuch wird unaustilgbar « ungültig » gekennzeichnet. Nach seiner Erneuerung muss das vorhergehende mindestens sechs Monate nach der letzten Eintragung an Bord aufbewahrt werden.
Afgifte van het olie-afgifteboekje
Het eerste olie-afgifteboekje, daartoe op bladzijde 1 voorzien van het volgnummer 1, wordt door een bevoegde autoriteit op vertoon van het geldige certificaat van onderzoek of van een gelijkwaardig erkend bewijs afgeven. Deze autoriteit vult tevens de gegevens op bladzijde 1 in.
Alle volgende olie-afgifteboekjes worden door een bevoegde autoriteit afgegeven nadat deze daarop het aansluitende volgnummer heeft aangebracht. Ieder volgend olie-afgifteboekje mag echter slechts na overleggen van het vorige boekje worden afgeven. Het vorige boekje wordt op onuitwisbare wijze als « ongeldig » gemerkt. Na het verkrijgen van een nieuw olie-afgifteboekje moet het voorgaande boekje gedurende tenminste zes maanden na de laatste daarin vermelde datum van afgifte aan boord worden bewaard.
Page 3 et seite 3 und folgende/Bladgijde 3 en volgende
You can consult the table in the
JOn° 299 of 27/12/2011 text number 8
Done on 23 December 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of State,
Minister for Foreign Affairs
and European,
Alain Juppé
