The Regulation sets out technical rules for vessels, some of which are subject to Directive (EU) 2016/1629 on federal inland waterways in Germany.
First Ordinance amending the Inland Waterways Inspection Ordinance and other shipping regulations
The BinSchUO (Inland ship inspection regulations) serves to implement Directive (EU) 2016/1629 (hereinafter ‘the Directive’) and also regulates watercraft that are not covered by the Directive.
The amending Regulation aligns the national rules to ES-TRIN 2019/1, so that the ES-TRIN 2019/1 is applied uniformly in all national law beyond the Directive. ES-TRIN 2019/1 is already ordered by the Directive in Annex II for its scope. In the course of this, clarifications are made, and editorial errors of the national rules are corrected. Additionally to this, the following material changes should be emphasized:
The charging cases for the calculation of intact and leak stability of ferries are more clearly defined and adapted to the terminology of ESTRIN 2019/1 (Article 1(16)). The conditions for the approval of motorised passenger craft which cannot be CE marked are also described in more detail (Article 1(10)). The transport of passengers with special transport (light rafts) is simplified (Article 1(9)).
Temporary orders are reintroduced which concern vessels not covered by the Directive (Article 1(15)).
Temporary arrangements allow the Directorate-General for Waterways and Shipping to deviate from individual technical regulations at short notice (one month), for example for experimental purposes.
The Federal Republic of Germany communicated on 14. December 2018, pursuant to Article 24(3) of the Directive, that 12 passengers can be carried on so-called passenger craft and that derogations from this may be granted in certain waters in accordance with Article 24(2) of the Directive. These waters are listed in the now alphabetically sorted in Annex IX of the BinSchUO (Inland ship inspection regulations) and are extended to include the Stör Waterway and the Saale (Article 1, point 20).
By notification of 9. August 2019 pursuant to Article 23(5) of the Directive, the Federal Republic of Germany indicated that the option provided for in Article 23(1) of the Directive would be exercised. This has been reflected in Annex III of the BinSchUO (Inland ship inspection regulations). In the present case, Annex III is clarified with regard to the requirements for Inland ECDIS equipment and editorial errors are corrected (Article 1(17)).