Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
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. 95-535 of 5 May 1995 of the Central Commission for the Navigation of the Rhine, adopted by resolution 1994-I-23 of 18 May 1994,
Decrete:
Protocol No. 15 of resolution 2014-I-15 of the Central Commission for the Navigation of the Rhine, adopted on 12 June 2014, concerning the amendment of the Rhine Vessel Inspection Regulations by a temporary limitation of character regarding the transitional provisions relating to Article 7.02, Figure 5 (Article 24.02, Figure 2), will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
PROTOCOL No. 15
DE LA RÉSOLUTION 2014-I-15 DE LA COMMISSION CENTRALE POUR LA NAVIGATION DU RHIN, ADOPTÉE LE 12 JUIN 2014, RELATIF À L'AMENDEMENT DU RÈGLEMENT DE VISITE DES BATEAUX DU RHIN par A PRESCRIPTION DE CARACÈRE TEMPORAIRE CONCERNANT LES DISPOSITION TRANSITOIRES CH RELICIFFIVES À 7.
1. The windows of the wheelhouses must be sufficiently transparent to ensure the safe conduct of the inland navigation vessels. Section 7.02, Figure 5, of the RVBR, requires a minimum level of transparency of 75%. In accordance with Article 24.02, Figure 2, of the RVBR, all vessels in service must observe this provision since 2010.
2. A study commissioned by the Dutch authorities (1) on the situation on board the buildings in service reached the following conclusions:
- the green tinted wheelhouse windows generally have a degree of transparency of at least 60% and allow to perceive and distinguish light signals at a sufficient safety distance, including in unfavourable weather conditions (heat, fog, twilight and darkness),
- during the night, the reflections of the ceiling and the interior lighting of the wheelhouse have a significant impact on the perception of light signals,
- the avoidance of the reflections of the ceiling and the extinction or decrease of the luminous intensity of the interior lighting make it possible to compensate for the negative effects of green-dyed windows on the visibility of light signals. This is not possible in the presence of brown-dyed windows.
3. In view of the lessons learned, the transitional provisions of Article 24.02, Figure 2, concerning Article 7.02, Figure 5, of the RVBR, are amended, so that the wheelhouse windows dyed in green, which have a degree of transparency of at least 60%, may remain in place, provided that measures are taken to avoid reflections on these wheelhouses. Due to their low degree of transparency, the windows dyed in brown (bronze) and grey are not allowed. These windows must be replaced in all cases.
4. During the assessment of the degree of transparency, the Visiting Commissions may rely on the principle that:
(a) Fully transparent wheelhouse windows have a degree of transparency of at least 75;
(b) Green tinted wheelhouse windows have a degree of transparency of at least 60%;
(c) The wheelhouse windows of another shade have a degree of transparency less than 60%.
5. In case the Visiting Commission doubts the minimum level of transparency of the wheelhouse windows, it will be measured using a measuring instrument specially designed to measure the degree of transparency of the wheelhouse windows of the inland navigation vessels.
6. In order for this amendment to come into force as of 1 December 2014, it is introduced through a temporary requirement, which will then be replaced in due course by a final amendment.
7. The result of the assessment under the CBSC Regulatory Activity Guidelines (Resolution 2008-I-3) is presented below.
Requirements to be met by the proposed amendments
The proposed amendment is intended to adapt a transitional provision of the RVBR so that it is possible to renounce under certain conditions the replacement of wheelhouse windows that do not meet the current transparency requirements. These conditions ensure that alternative measures are taken to avoid as much as possible the reflections on the inner face of the wheelhouse windows during the night or during other periods of poor visibility and thus ensure a minimum visibility of signalling lamps or other objects.
Possible alternatives to the proposed amendments
It would be possible to renounce the proposed amendment of the RVBR and instead apply a simplified and standardized procedure for the application of Article 24.04, Figure 4, of the RVBR, namely the derogatory provisions for insurmountable difficulties. However, this procedure entails greater administrative constraints, an individual application to be filed and approved by the competent authority for each building. The proposed amendment of the RVBR can be transposed into national regulations along with other amendments to the transitional provisions, i.e. without additional constraints.
Consequences of these amendments
For an unknown but relatively large number of buildings, it will be possible to renounce the replacement of the wheelhouse windows provided that measures are taken to avoid reflections. This retroactive change in transitional provisions will not imply any additional costs for owners who have already replaced the green wheelhouse windows on board their buildings. However, the costs associated with this glass replacement could have been avoided. These owners will therefore be economically disadvantaged compared to those who have renounced to date to replace green tinted windows. However, international associations of the European profession of inland navigation (2) indicated that they had not been aware of such a case.
Consequences of a rejection of proposed amendments
For the navigation profession this would result in expenditures amounting to several thousand euros per building concerned. The cost of alternative measures to reduce reflections is significantly lower than that amount.
Resolution
The Central Commission,
wishing to limit in an acceptable manner, economically, technically and safely, the distinctions made in the technical requirements between new buildings and buildings already in service,
following the request of the navigation profession, in a context where a difficult financial situation persists, to avoid the adaptation of buildings to the current technical requirements where the use of alternative measures reduces costs without affecting traffic safety,
Noting that the observation of certain general conditions also makes it possible to sufficiently distinguish the light signals despite the degree of transparency of the green tinted wheelhouse windows,
adopts the amendment to Article 24.02, Figure 2, of the Rhine Vessel Inspection Regulations annexed to this resolution.
The amendment in the schedule will be in effect from December 1, 2014 to November 30, 2017.
Annex
The table for section 24.02, Figure 2, is amended to read:
The indication of Article 7.02, Figure 5, is as follows:
| 7.02 ch. 5 | Minimum level of transparency | N.R.T., no later than the renewal of the visiting certificate after 1.1.2010 N.R.T. for buildings equipped with dyed windows that meet the following conditions: - the windows are dyed in green and have at least 60% transparency, - the ceiling of the wheelhouse is designed to exclude reflections on the windows, - lighting sources in the wheelhouse shall be capable of being fixed without bearings or extinguished, - all reasonable measures to avoid further reflections must be taken. » |
Done on 31 August 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
