31985A0395

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COMMISSION OPINION

of 17 July 1985

to the Federal Republic of Germany concerning a draft Regulation (Binnenschiffs-Untersuchungsordnung) implementing Council Directive 82/714/EEC laying down technical requirements for inland waterway vessels

(85/395/EEC)

In a letter dated 20 December 1984, the Permanent Representative of the Federal Republic of Germany to the European Communities sent the Commission, for consultation, the text of a draft Regulation 'Binnenschiffs-Untersuchungsordnung' implementing Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels (1).

In a letter dated 28 March 1985 the Permanent Representative of the Federal Republic of Germany to the European Communities sent some modifications on the abovementioned draft Regulation.

Both communications have been made pursuant to Article 22 of the abovementioned Directive which states that, Member States shall, after consulting the Commission, adopt the provisions necessary to comply with this Directive.

The Commission hereby delivers the following opinion on the abovementioned draft Regulation:

1. The Commission finds that the draft Regulation 'Binnenschiffs-Untersuchungsordnung' (BinSchUO), together with the existing Rheinschiffs-Untersuchungsordnung (RheinSchUO) to which it refers, implements the provisions of Council Directive 82/714/EEC in the national legislation.

2. Concerning the recognition of other Community inland waterway certificates for zones 1 and 2, the Commission is of the opinion that paragraph 7 of Article 7 of the 'Binnenschiffs-Untersuchungsordnung' should be preceded by a paragraph as follows:

'For the navigation on the waterways of zones 1 and 2 the Minister of Transport of the Federal Republic of Germany recognizes the Community certificate or supplementary Community certificate issued by another Member State for inland waterway vessels if they meet the requirements on construction, installations and equipment of this Regulation.'

Done at Brussels, 17 July 1985.

For the Commission

Stanley CLINTON DAVIS

Member of the Commission

(1) OJ No L 301, 28. 10. 1982, p. 1.