Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸11 unchanged paragraphs

on the proposal for a directive of the European Parliament and of the Council amending Directive 2005/44/EC on harmonised river information services (RIS) on inland waterways in the Community

(COM(2024)0033 – C90014/2024 – 2024/0011(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2024)0033),

– having regard to Article 294(2) and Article Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90014/2024),

– having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of […]

– having regard to the opinion of the Committee of the Regions of […],

– having regard to Rules 60 and 41 of its Rules of Procedure,

Changed– having regard to the report of the Committee on Transport and Tourism (A100000/2024),(A10-0033/2025),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

RemovedRecital 5: (5) Given that the majority of journeys of inland vessels are of international nature, RIS should be focused on those inland waterways being a part of the TEN-T and thus of high importance for the Union. Member States should be able to continue extending, on a voluntary basis, the RIS requirements to parts of their inland waterways network other than those included in the TEN-T to account for national specificities. Member States should also be able to provide RIS services in a cross-border context by either of the two Member States concerned. The competent Member States’ authorities should cooperate for the purpose of the provision of these RIS services on cross-border inland waterways.

AddedRecital 1: (1) Directive 2005/44/EC of the European Parliament and of the Council3 establishes a framework for the deployment and use of harmonised river information services (‘RIS’) in the Union. The deployment of RIS on inland waterways supports the safety, efficiency and sustainability of transport by inland waterways, and ultimately the attractiveness of the sector and of the working conditions of vessel crew members.

RemovedRecital 8: (8) In order for RIS to allow for interconnection with the logistics chain, it is important that information is shared not only within the inland waterway transport users, but also with systems and applications of other modes of transport. The Maritime National Single Windows (‘MNSW’) within the European Maritime Single Window environment (‘EMSWe’)12 should enable harmonised ship reporting across the Union in maritime transport. The exchange of traffic related information, such as arrival and departure times, would ensure interoperability, multimodality, and smooth integration of inland waterway transport (IWT) with the overall logistics chain. The electronic freight transport information (‘eFTI’) should form the basis for the exchange of cargo information on dangerous goods and waste between RIS users where required. When necessary, RIS should facilitate links with, and should make information available to, systems and platforms of other modes of transport.

AddedRecital 4: (4) Regulation (EU) 2024/167910 sets up requirements for the development of the trans-European transport network (‘TEN-T’)11 to achieve the smooth functioning of the internal market, and it aims to ensure that the same high-quality services are available and compatible with the systems of other transport modes along this network. / 10 Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013 (OJ L, 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj)

RemovedRecital 11 a (new): (11a) Cooperation with third countries, in particular neighbouring countries, is relevant in order to ensure connection and interoperability between the RIS Platform and these third countries´ national RIS. Member States should actively seek such cooperation with neighbouring third countries and encourage their involvement in cross-border projects.

AddedRecital 5: (5) Given that the majority of journeys of inland vessels are of international nature, RIS should be focused on those inland waterways being a part of the TEN-T and thus of high importance for the Union. Member States should be able to continue extending, on a voluntary basis, the RIS requirements to parts of their inland waterways network other than those included in the TEN-T to account for national specificities. Member States should also be able to provide RIS services in a cross-border context by either of the two Member States concerned. The competent Member States’ authorities should cooperate for the purpose of the provision of those RIS services on cross-border inland waterways.

RemovedRecital 12: (12) In order to ensure the proper and effective application of Directive 2005/44/EC and to avoid fragmentation and regulatory burden resulting from its uneven application, Member States should ensure that an effective procedure is in place to handle complaints. Where possible, this should be based on existing feedback mechanisms in order to avoid any additional administrative and financial burden. Member States’ authorities should cooperate when handling complaints involving cross-border elements (for example, incompatible standards in reporting of vessel information), as 75% of inland waterways operations includes international voyages. By analysing the subject matter of the complaints, as well as their frequency and the way and timeliness of their resolution, it can be possible to identify the extent to which the provisions of the Directive are complied with, thus supporting the monitoring of implementation by pointing to areas where implementation can be improved. It is therefore important that this information is collected and reported by the Member States to the Commission an annual basis. Any handling of complaints under this directive should be without prejudice of the competence of supervisory authorities under Union and Member States laws, including Regulation (EU) 2016/67914 and Regulation (EU) 2018/172515 .

AddedRecital 6: (6) The experience gained from the application of Directive 2005/44/EC showed that it is important to strengthen the technical specifications concerning the provision of data on navigation and voyage planning, in order to improve the quality and timeliness of information provided to RIS users. The European Reference Data Management System (‘ERDMS’) provides reference data and code lists necessary for the proper functioning of RIS.

RemovedRecital 14: (14) The requirements and technical specifications for the purposes of RIS should ensure in particular that RIS data, which constitute personal data under Regulation (EU) 2016/679 of the European Parliament and of the Council16, can be processed solely in accordance with a comprehensive, rights-based access-control system that provides assigned functionalities, that all competent authorities can have immediate access to that data in accordance with their respective regulatory competences, that appropriate technical and organisational measures are implemented to ensure that the processing by electronic means of personal data can be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council and Regulation (EU) 2018/1725 of the European Parliament and of the Council17 , including to protect against personal data breaches and that the processing of sensitive commercial information can be carried out in a way that respects the confidentiality of that information.

AddedRecital 8: (8) In order for RIS to allow for interconnection with the logistics chain, it is important that interfaces are established not only between the inland waterway transport systems, but also with systems and applications of other modes of transport. The Maritime National Single Windows (‘MNSW’) within the European Maritime Single Window environment (‘EMSWe’)12 should enable harmonised ship reporting across the Union in maritime transport. The exchange of traffic related information, such as arrival and departure times, would ensure interoperability, multimodality, and smooth integration of inland waterway transport (IWT) with the overall logistics chain. The electronic freight transport information (‘eFTI’) should form the basis for the exchange of cargo information on dangerous goods and waste between RIS users where required. When necessary, RIS should facilitate links with, and should make information available to, systems and platforms of other modes of transport.

AddedRecital 9: (9) The exchange of information between inland waterway vessels and inland ports, for example on availability of port installations, operating times, or vessel and cargo information is not always optimal, which impacts the efficiency of IWT operations. Information on the availability of alternative fuel infrastructure in ports is of particular importance in promoting the environmental performance of the sector. In order to simplify and streamline the exchange of such information and improve the overall efficiency of the sector, it is important that standardised interfaces are established to become part of RIS and that the necessary technical specifications are developed

AddedRecital 11 a (new): (11a) Cooperation with third countries, in particular neighbouring countries, is relevant in order to ensure connection and interoperability between the RIS Platform and those third countries´ national RIS. Member States should actively seek such cooperation with neighbouring third countries and encourage their involvement in cross-border projects, provided they adhere to the same level of cybersecurity.

AddedRecital 12: (12) In order to ensure the proper and effective application of Directive 2005/44/EC and to avoid fragmentation and regulatory burden resulting from its uneven application, Member States should ensure that an effective procedure is in place to handle complaints. Where possible, this should be based on existing feedback mechanisms in order to avoid any additional administrative and financial burden. Member States’ authorities should cooperate when handling complaints involving cross-border elements (for example, incompatible standards in reporting of vessel information), as 75% of inland waterways operations includes international voyages. By analysing the subject matter of the complaints, as well as their frequency and the way and timeliness of their resolution, it can be possible to identify the extent to which the provisions of the Directive are complied with, thus supporting the monitoring of implementation by pointing to areas where implementation can be improved. It is therefore important that this information is collected and reported by the Member States to the Commission an annual basis. Any handling of complaints under this directive should be without prejudice of the competence of supervisory authorities under Union and Member States laws, including Regulation (EU) 2016/67914 and Regulation (EU) 2018/172515.

AddedRecital 14: (14) The requirements and technical specifications for the purposes of RIS should ensure in particular that RIS data, which constitute personal data under Regulation (EU) 2016/679 of the European Parliament and of the Council, can be processed solely in accordance with a comprehensive, rights-based access-control system that provides assigned functionalities, that all competent authorities can have immediate access to that data in accordance with their respective regulatory competences, that appropriate technical and organisational measures are implemented to ensure that the processing by electronic means of personal data can be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council and Regulation (EU) 2018/1725 of the European Parliament and of the Council , including to protect against personal data breaches and that the processing of sensitive commercial information can be carried out in a way that respects the confidentiality of that information.

Recital 15: (15) In order to ensure the safe and optimal navigation of vessels in inland waterways, Member States should be aware of the position of all inland waterway vessels including through the use of automatic identification systems (‘AIS’) data. Member States should also exchange RIS related information to increase the efficiency of RIS and reduce reporting requirements. Where transmission and exchange of RIS related information for these purposes cannot be achieved without processing of personal data, such as the processing of names or the processing of location data, which allows to identify directly or indirectly a person, Member States should ensure the lawfulness of the processing of those personal data in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC, where applicable.

Change 2

AddedRecital 26: (26) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on 20 March 2024

Directive 2005/44/EC

Change 3

ChangedArticle 1 – paragraph 1 – point 1, Article 1–1 – paragraph 2: 2. This Directive provides a framework for the establishment and further development of technical requirements, specifications and conditions to ensure harmonised, interoperable and open RIS on the Union inland waterways and facilitate standardised interfacescontinuity with other modal traffic management services.services, through the use of standardised interfaces.

Directive 2005/44/EC

Change 4

ChangedArticle 1 – paragraph 1 – point 2, Article 2 – paragraph 1: 1. This Directive applies to the implementation and operation of RIS on all inland waterways and inland ports of the Member States which are part of the trans-European transport network, as specified and listed in Annex I and II to Regulation (EU) No 1315/20132024/1679 of the European Parliament and of the Council23 and which are directly connected to inland waterways and inland ports of another Member State, which are part of the trans-European transport network, as specified and listed in AnnexAnnexes I and II to Regulation (EU) No 1315/20132024/1679 of the European Parliament and of the Council.’Council. / 23 Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013 (OJ L, 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj).

Directive 2005/44/EC

Change 5

RemovedArticle 1 – paragraph 1 – point 3, Article 3 – point hb: deleted / (deleted)

AddedArticle 1 – paragraph 1 – point 3, Article 3 – paragraph 1 – point ha: (ha) ‘trans-European transport network’ (TEN-T) means inland waterways as defined in Annex I of Regulation (EU) 2024/1679;

Directive 2005/44/EC

Change 6

ChangedArticle 1 – paragraph 1 – point 3, Article 3 – paragraph 1 – point hc:hb: deleted / (deleted)

Directive 2005/44/EC

Change 7

ChangedArticle 1 – paragraph 1 – point 3, Article 3 – paragraph 1 – point hd:hc: deleted / (deleted)

Directive 2005/44/EC

Change 8

RemovedArticle 1 – paragraph 1 – point 3, Article 3 – point hh: (hh) ‘RIS Platform’ means an electronic single-point-of-access platform sourced by national RIS information and providing technical and operational services such as Fairway-, Infrastructure-, Traffic- and Transport Information Services, including route- and transport planning, for RIS users and serving for electronic reporting according to the ‘once-only’ principle;

AddedArticle 1 – paragraph 1 – point 3, Article 3 – paragraph 1 – point hd: deleted

Directive 2005/44/EC

Change 9

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 3 – point b: (b) ensure that for all their inland waterways and inland ports of the TEN-T, in addition to the data referred to in point (a), electronic navigational charts suitable for navigational purposes are available to RIS users;

AddedArticle 1 – paragraph 1 – point 3, Article 3 – paragraph 1 – point he: (he) ‘European Reference Data Management System’ (ERDMS) means a single point of access repository (library) of reference data and codes lists that are used by IT applications in inland waterway transport operated by the Commission. It does not include the network data provided by the Member State in accordance with Annexes I and III;

Directive 2005/44/EC

Change 10

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 3 – point c: (c) enable, as far as ship reporting is required by national or international regulations, the competent authorities to receive electronic ship reports of all required data from ships. In cross-border transport, this information shall be transmitted in full to the competent authorities of the neighbouring State and any such transmission shall be completed before arrival of the vessels at the border;

AddedArticle 1 – paragraph 1 – point 3, Article 3 – paragraph 1 – point hh: (hh) ‘RIS Platform’ means an electronic single-point-of-access platform sourced by national RIS information and providing technical and operational services such as Fairway-, Infrastructure-, Traffic- and Transport Information Services, including route- and transport planning, for RIS users and serving for electronic reporting according to the ‘once-only’ principle;

Directive 2005/44/EC

Change 11

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 3 – point f: (f) ensure that at least traffic related information is made available through interfaces following the technical specifications laid down in accordance with Annex II, point 7, where applicable, to electronic information exchange environments established by Union law and used in other transport modes;

AddedArticle 1 – paragraph 1 – point 3, Article 3 – paragraph 1 – point hi: (hi) ‘Inland ports’ means an inland waterway port of the TEN-T core network or TEN-T comprehensive network, as listed and categorised in Annex II to Regulation (EU) No 2024/1679.’

Directive 2005/44/EC

Change 12

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 3 – point g: deleted / (deleted)

AddedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 3 – subparagraph 1 – point a: (a) ensure that all relevant data are supplied to RIS users concerning navigation and voyage planning on inland waterways. These network data, as defined in Annex I, shall be up-to-date and provided at least in an accessible common electronic format in accordance with Annex III;

Directive 2005/44/EC

Change 13

ChangedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 3 – point h: (h) ensure that standardised interfaces in accordance with Annexsubparagraph II1 and– Annexpoint IIIb: are(b) madeensure availablethat for the port community systemsall oftheir inland ports, including, among others, up-to-date, availability of berths,waterways and ofinland alternativeports fuelof infrastructure,the andTEN-T, in particularaddition thoseto installationsthe requireddata pursuantreferred to Articlein 10point of(a), Regulationelectronic (EU)navigational 2023/1804charts ofsuitable thefor Europeannavigational Parliamentpurposes andare ofavailable theto Council27RIS ;users;