Prováděcí rozhodnutí Komise (EU) 2026/712 ze dne 24. března 2026, kterým se Belgii povoluje odchylka od technických požadavků příloh II a V směrnice Evropského parlamentu a Rady (EU) 2016/1629 pro vlečný remorkér HAVENSLEEPBOOT 21 (oznámeno pod číslem C(2026) 1910)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive (EU) 2016/1629 of the European Parliament and of the Council of 14 September 2016 laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/ECOJ L 252, 16.9.2016, p. 118 , ELI: http://data.europa.eu/eli/dir/2016/1629/oj. , and in particular Article 25(1), point (b), thereof,

After consulting the Committee established by Article 7 of Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters’ certificates for the carriage of goods and passengers by inland waterwayOJ L 373, 31.12.1991, p. 29 , ELI: http://data.europa.eu/eli/dir/1991/672/oj. ,

Derogations from technical requirements of Annexes II and V to Directive (EU) 2016/1629 for a tugboat HAVENSLEEPBOOT 21 with a unique European vessel identification number 06503824 regarding the issuance of a Union inland navigation certificate for trial purposes incorporating new technical specifications are allowed to the extent and subject to the conditions set out in the Annex to this Decision. Those derogations are without prejudice to Union’s occupational safety and health legislation, in particular to the obligations stemming from Directives 89/391/EEC, 98/24/EC and 2004/37/EC.

OJ L 252, 16.9.2016, p. 118 , ELI: http://data.europa.eu/eli/dir/2016/1629/oj.

(1) On 29 April 2021 , Belgium notified the Commission of its intention to derogate from certain technical requirements of Annexes II and V to Directive (EU) 2016/1629 for a tugboat HAVENSLEEPBOOT 21. The tugboat has only recently become operable which is why it is appropriate to adopt the implementing decision which allows the issuing of a Union certificate for that craft.

(2) The proposed derogation concerns the use of dual-fuel internal combustion engines for the tugboat HAVENSLEEPBOOT 21. Those engines serve as the propulsion of the vessel and combust methanol and marine gasoil as fuels up to a ratio of 70 % methanol and 30 % marine gasoil.

(3) Using dual-fuel methanol / marine gasoil engines for the vessel’s propulsion is a promising technology in the context of deploying clean energy and alternative fuels for vessels, reducing greenhouse gases and potentially pollutants.

(4) The proposed derogation encourages innovation and enables the use of new technology through the pilot implementation of dual-fuel methanol / marine gasoil engines in inland navigation. Such pilot implementation of dual-fuel methanol / marine gasoil engines is part of the technology deployment, which is the only way to initiate the possible serial production phase.

(5) Technical requirements for inland navigation vessels are laid down in the European standard set up by the European committee for drawing up Standards in the field of Inland Navigation (CESNI). This standard is referred to as ES-TRIN. At the time the tugboat was conceived and constructed, the applicable ES-TRIN, as set out in Annex II to Directive (EU) 2016/1629, did not include specific provisions for the use of dual-fuel methanol / marine gasoil in the vessel’s propulsion engines. Based on the insights gained by the development of the pilot vessel at hand, dedicated rules for the usage of methanol onboard of craft have been included in ES-TRIN 2025/1European Standard laying down Technical Requirements for Inland Navigation vessels, see https://www.cesni.eu/wp-content/uploads/2024/11/ES_TRIN_2025_signed_de.pdf. which only became applicable by reference in Annex II to Directive (EU) 2016/1629 on 1 January 2026 .

(6) In the absence of regulatory provisions for the combined use of methanol and marine gasoil for the vessel’s propulsion engines, especially at the time when the vessel is conceived and constructed, it is necessary to ensure an adequate level of safety of the proposed use of a propulsion system.

(7) The technical documentation submitted with the request to derogate (the technical documentation) has been prepared by Lloyd’s Register, which is a recognised classification society for inland waterway vessels under Article 21 of Directive (EU) 2016/1629. Those technical specifications were developed taking into account the relevant provisions of Chapter 30 of ES-TRIN 2023/1 (Special provisions applicable to craft equipped with propulsion or auxiliary systems operating on fuels with a flashpoint equal to or lower than 55 o C) and Annex 8 to ES-TRIN 2023/1 (Supplementary provisions applicable to craft equipped with propulsion or auxiliary systems operating on fuels with a flashpoint equal to or lower than 55 o C).

(8) Based on the technical documentation, the Working Group on technical requirements of CESNI (Working Group) examined the combined use of methanol and marine gasoil as fuels for the vessel’s propulsion engines and the safety measures in the proposed derogation. The results of that technical examination are set out in the technical specifications annexed to this Decision which is based on the document CESNI/PT (20) 21 rev. 3.

(9) The conclusion of the technical examination by the Working Group was that the operation, bunkering and maintenance of the system can be safely undertaken having regard to the planned measures and procedures set out in the technical documentation. It is, therefore, possible to state that an adequate level of safety referred to in Article 25(1), point (b), of Directive (EU) 2016/1629 is ensured, provided that the conditions set out in the Annex are met. Therefore, the proposed derogation can be granted.

(10) However, in order to support the development of possible future provisions for the type-approval of internal combustion engines running on methanol, in accordance with Regulation (EU) 2016/1628 of the European Parliament and of the CouncilRegulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC (OJ L 252, 16.9.2016, p. 53 , ELI: http://data.europa.eu/eli/reg/2016/1628/oj). , and in addition to the reporting requirements laid down in point 8 of document CESNI/PT (20) 21 rev. 3, reports on formaldehyde emissions should also be provided. As practical experience with formaldehyde emissions of such type of engines is lacking, Belgium should in that context take into account its obligations arising from Council Directives 89/391/EECCouncil Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1 , ELI: http://data.europa.eu/eli/dir/1989/391/oj). and 98/24/ECCouncil Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 131, 5.5.1998, p. 11 , ELI: http://data.europa.eu/eli/dir/1998/24/oj). and Directive 2004/37/EC of the European Parliament and of the CouncilDirective 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (OJ L 158, 30.4.2004, p. 50 , ELI: http://data.europa.eu/eli/dir/2004/37/oj). .

(11) The proposed derogation concerns issuance of a Union inland navigation certificate for trial purposes incorporating new technical specifications that derogate from Annexes II and V to Directive (EU) 2016/1629. Such derogations are to be granted only for a limited period, which in this case should be five years as from the adoption of this Decision,

This Decision shall apply for 5 years after its adoption.

OJ L 373, 31.12.1991, p. 29 , ELI: http://data.europa.eu/eli/dir/1991/672/oj.

Article 1 Article 1

Article 2 Article 2

Article 3 Article 3

This Decision is addressed to the Kingdom of Belgium.

European Standard laying down Technical Requirements for Inland Navigation vessels, see https://www.cesni.eu/wp-content/uploads/2024/11/ES_TRIN_2025_signed_de.pdf.

Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC (OJ L 252, 16.9.2016, p. 53 , ELI: http://data.europa.eu/eli/reg/2016/1628/oj).

Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1 , ELI: http://data.europa.eu/eli/dir/1989/391/oj).

Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 131, 5.5.1998, p. 11 , ELI: http://data.europa.eu/eli/dir/1998/24/oj).

Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (OJ L 158, 30.4.2004, p. 50 , ELI: http://data.europa.eu/eli/dir/2004/37/oj).

HAS ADOPTED THIS DECISION: