SCHEDULE 1Recognition of navigability licences
Definition of “navigability licence”1
In this Schedule “navigability licence” means—
F5a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a licence issued by an EEA State which is—
i
a navigability licence issued in accordance with Article 2 of F1Directive 2009/100/ECF8F6as it has effect in EU law,
ii
a certificate issued pursuant to the F2Rhine Vessel Inspection RegulationsF9 as referred to in Article 1 of Directive 2009/100/ECF6as it has effect in EU law, or
iii
in the case of a vessel carrying dangerous goods as defined in the F3European Agreement concerning the International Carriage of Dangerous Goods by Inland WaterwaysF10 as referred to in Article 1 of Directive 2009/100/ECF6as it has effect in EU law, an authorisation in accordance with the requirements laid down in that Agreement.
Recognition of navigability licences issued by other member States2
Inspection of vessels issued with navigability licences3
1
A ship surveyor may interrupt the passage of a vessel which has been issued with a navigability licence if an inspector has found on inspection that—
a
the vessel is in a condition which constitutes a danger to the surroundings, or
b
the vessel or its equipment does not satisfy the requirements set out in the navigability licence.
2
A ship surveyor who decides to interrupt the passage of a vessel under paragraph (1) must notify the master or owner of the vessel, or the owner's representative, of—
a
the decision and the detailed reasons on which that decision is based,
b
the remedies available to the master, owner or owner's representative, as specified in a Merchant Shipping Notice, and
c
the time limits for the pursuit of those remedies.
3
Where a ship surveyor has interrupted the passage of a vessel in accordance with paragraph (1), the MCA must notify the competent authority of the member State where the navigability licence was issued of the reasons for that decision.
4
The interruption of the passage of a vessel in accordance with paragraph (1) must not continue after the defects in the vessel have been corrected or the vessel or its equipment has been brought into compliance with the requirements set out in the navigability licence.