1. Inland waterwayS transport
doc.dr.sc. Iva Savić, Department for Maritime and Transport Law,

2. …in the EU
More than 37,000 km of waterways connecting hundreds of cities and industrial regions
21 out of 28 MS have inland waterways (13 of which have an interconnected waterway networks)
5.8 % of total goods transport in the 27 MS (EU), 2007
around 550 mil. tons of cargo transported (2014)

3. current situation
bad infrastructure – countries have their own (different) systems of inland waterway transport
different bodies – different rules – competences?
EU problems:
lack of coordination
insufficient investments
bad image (too slow, outdated)
Danube: only 10% capacities used (a fall from 90 mil. tons of cargo transported in 1980 to 30 mil. tons in 2000’s)

4. advantages reliable high degree of safety cheap
close to industrial centres
energy efficient (less CO2 and noise pollution)
with a huge capacity for increased exploitation
creating favourable conditions for the further development

5. inland waterway vs road transport

6. Multiple legal framework
Rivers in EU
longest rivers (their approximate lengths):
Danube – 2,860 km
Tisza – 1,358 km
Rhine – 1,236 km
Elbe – 1,091 km
Vistula – 1,047 km
Tagus – 1,038 km
Loire – 1,012 km
Ebro – 960 km
Oder – 854 km
Rhône – 815 km
networks

7. importance of inland waterways
4 main inland waterway corridors in Europe:
North-South (Rhine, Amsterdam-Marseille)
Rhine ( Western Germany, Benelux, Eastern France, Switzerland)
East-West (Elbe, Oder, Vistula - Wisla)
South-East (Danube, Germany – Black Sea)

8. (UNECE + river commissions)
regulation
national EU
international
(UNECE + river commissions)

9. International law (1) RHINE > Mahnheim Convention, 1868
freedom of navigation for its member states: Belgium, France, Germany, Netherlands, Switzerland
Central Commission for the Navigation of the Rhine (CCNR), 1815
enacting binding rules
dispute resolution (between states and private entities)
Revised: Strasbourg, Protocols (1972, 1979, 1989,…) > Protocol No. 7 – recognizing other vessel certificates and other boatmasters’ certificates when their issue is based on conditions equivalent to those it establishes (…) and procedures ensuring effective compliance
DANUBE > Belgrade Convention , 1948
revised: Protocol 1998
freedom of navigation, excluding cabotage
recognition of national rules
Danube Commission : directives with legal power of recommendations – countires mutually recognise their national legislation
EU’s strategy for the Danube region (2011)
MoU on the development of the Pan-European Transport Corridor VII (The Danube)

10. international law (2)
SAVA > Framework Agreement on the Sava River Basin, 2002
Protocol On The Navigation Regime
Protocol On the Prevention of Water Pollution Caused by Navigation 
Protocol On Flood Protection
Protocol on Sediment Management
Sava Commission (in Zagreb) – implementation of the Framework Agreement on the Sava River Basin, and realization of the mutually agreed goals > decisions need to be implemented in national legislation
excludes cabotage
national waterways of a number of non-EU countries still remain closed for international navigation (Kazakhstan, Russian Federation) OR are open only on the basis of bilateral agreements (e.g. Ukraine)

11. UNECE
standardization of technical and safety rules + private law issues
numerous intl agreements in the area (AGN, ADN – dangerous goods, collision 1960 , registration )
CEVNI
- core rules applicable to the traffic on inland waterways in the UNECE region
- best practices from the existing traffic regulations of the river commissions and UNECE member States
-marks and draught scales on vessels, visual signals on vessels, sound signals and radiotelephony, waterway signs and markings, rules of the road, berthing rules, signaling and reporting requirements as well as prevention of pollution of water and disposal of waste
- constitute the legal and technical basis for national inland waterway codes in UNECE member States

12. AGN, 1996
European Agreement on Main Inland Waterways of International Importance (AGN), Geneva, (in force 1999)
17 contracting parties
establishes an international legal framework for developing a network of inland waterways and ports of international importance > uniform technical and operational characteristics (even outside European region)
AGN network

13. private law sources small number of conventions in force
CLNI, 1988/2012. – Strasbourg Convention on the limitations of the responsibilities on the inland waterways
not yet in force
introduces increased liability limits in respect of injury and death of passengers, and damages arising from the carriage of dangerous goods
CMNI, – Budapest Convention on the Contract for the Carriage of Goods by Inland Waterways (in force since April 1, 2005)
Croatia is a party (NN MU, 10/2004)

14. CROATIAN LEGAL SYSTEM
Law on navigation and inland waterway ports (Zakon o plovidbi i lukama unutarnjih voda, ZPLUV, NN 109/2007, 132/2007 i 51A/2013)
ZPLUV prescribes aplication of CMNI rules to internal (domestic) inland waterway transport of goods
ZPLUV contains no provisions on contract of carriage of passengers and their luggage > application of Maritime Code

15. CMNI
unified law applicable for the contract of carriage on inland waterway
applies only to international transports when the port of loading and the port of discharge are located in two different states of which at least one is a member state to the Convention
in case the voyage in question relates to both inland waterways and the sea, the Convention is applicable unless either the length of the sea leg exceeds the inland waterway part, or a maritime bill of lading has been issued.
liability of the carrier
for loss resulting from loss or damage to the goods caused between the time when he took them over for carriage and the time of their delivery, or resulting from delay in delivery, unless he can show that the loss was due to circumstances which a diligent carrier could not have prevented and the consequences of which he could not have averted > for that occuring before the goods are loaded on the vessel or the time after they have been discharged from the vessel - governed by the law of the State applicable to the contract of carriage
special exoneration from liability (art. 18)
importance of reservation notification - in writing specifying the general nature of the damage, no later than 7 consecutive days from the time of delivery; 21 days in case of delay

16. cmni (cont.’d) liability
units of account (SDR) per package or other shipping unit, or 2 units of account (SDR) per kilogram of weight, specified in the transport document > whichever is the higher
when not specified: shipping unit is container > 1,500 units of account (SDR) for the container without the goods it contains + 25,000 units of account (SDR) for the goods which are in the container
in event of loss due to delay in delivery > the carrier’s liability shall not exceed the amount of the freight
loss of right to limit liability > if it is proved that he himself caused the damage by an act or omission, either with the intent to cause such damage, or recklessly and with the knowledge that such damage would probably result

17. EU LAW – SINGLE MARKET
longest history of an essentially liberal regime: Rhine regime
first steps: harmonization – provisions of the Mahnheim Convention
> freedom of access (Reg 2919/85), mutual recognition of carrier’s qualification (Dir 87/540& Dir 91/672), boatmasters’ certificate (Dir 96/50)
> EU regulations 3921/91 and 1356/96 authorize EU IWT operators that have a“genuine link” with a MS, to carry out transport operations :
within EU countries other than their country of establishment (cabotage) and
between EU countries (whole market)
> capacity: fleet renewal – national subsidization (Reg 1101/89)

18. NAIADES Communication on the promotion of inland waterway transport
Took of in 2006
comprises numerous actions and measures to boost transport on inland waterways
5 strategically connected and interrelated areas: market, fleet, education and jobs, image, infrastructure
(supposed to) runs until 2020 and is to be implemented by the European Commission, the Member States and the industry itself

19. EU Single market Directive 2005/44/EC
- harmonised river information services (RIS) on inland waterways in the Community
Directive 2006/87/EC
- laying down technical requirements for inland waterway vessels (repealing Council Directive 82/714/EEC)
- designed to strengthen the harmonisation of the requirements for issuing navigation certificates by the MS
! any MS may, after consulting the Commission, authorise a reduction of the technical requirements of Annex II for craft operating exclusively in certain zones
Directive 2008/68/EC
- establishes common rules for transport of dangerous goods in all aspects of inland transport, including inland navigation

20. …cont.’d
Directive 2008/87
- amendments to Directive 2006/87/EC in order to avoid distortions of competition and different levels of safety
- technical requirements for Community vessel certificate VS vessel certificate delivered in accordance with the Rhine Vessel Inspection Regulation

21. trilogue agreement on uniform safety standards
harmonise the requirements for inland navigation certificates across the EU
may be used by other organisations, such as the Central Commission for the Navigation of the Rhine (CCNR)
Member States will gain a better access to safety information on vessels and certificates, through a European database

22. Naiades II, 2013
revision of NAIADES - aims at creating the conditions for inland navigation transport to become a quality mode of transport
programme for policy action in the field for
key areas of intervention: (1) Quality infrastructure, (2) Quality through innovation, (3) Smooth functioning of the market, (4) Environmental quality through low emissions, (5) Skilled workforce and quality jobs, (6) Integration of inland navigation into the multimodal logistics chain
Proposal for a NEW Directive laying down technical requirements for inland waterway vessels - new approach to governance in inland navigation
Proposal for a NEW Regulation on a Community-fleet capacity policy to promote inland waterway transport intends to allow for a broader range of actions of the Reserve Funds available to support inland navigation

23. Cont.’d
Commission adopts proposal for a Directive on the recognition of professional qualifications in inland navigation – COM 2016/082
to enhance the mobility of inland navigation crew members and provide new career prospects
replaces Directives 91/672/EC and 96/50/EC and will streamline, modernise and extend the recognition of skilled workers in inland navigation
represents another milestone for the implementation of NAIADES II

24. cont.’d Passengers No harmonization
Global conventions that are in force cover only carrier’s liability for damage on goods: CMNI, 2001; (CLNI 1988/2012)
EU – passengers rights – same as for travelling by sea > Regulation (EU) No /2010