1st Edition

Inland Waterway Transport The European Legal Framework

By Massimiliano Grimaldi Copyright 2023

    This book analyses the European legal framework on inland water transport in light of the most recent legislation adopted and how the main Member States of Central Western Europe have implemented it.

    Specifically, the book provides an innovative tool of analytical and systematic study of the various legislative EU measures that regulate the inland waterways transport sector, as well as for the comparative study and analysis of the relevant measures of implementation adopted by the afore-mentioned Member States. Each EU legislative measure is first explained in general terms and then commented on in detail with a specific analysis of the most significant articles, following a precise logical sequence of the topics; the corresponding national implementing measures are also examined in detail* describing any different ways of transposing the EU regulation, also with regard to any differences in approach by the Member States relative to the possibility of any derogations or exemptions from compliance with some measures, which is often provided for by the EU regulation. This approach is significantly useful for (i) a more systematic and user-friendly understanding of the EU regulatory framework, (ii) an equally better understanding of how EU measures have been transposed into national legislation and (iii) a revision of this European and domestic legislation, where appropriate.

    Furthermore, the book is very useful for policy-makers of countries that are not members of the European Union (i.e. policy-makers from countries worldwide that have inland waterways), as they will have a reference tool to evaluate the possibility of reviewing their own regulation with a view to making it more similar to the EU one should the latter be better.

    While preparing the book, analyses of the preparatory work of the legislation played a great role, as they are very useful for better understanding the legislative initiatives and the reasons for the choices made. Analysis of the doctrine and jurisprudence also played a great part. This allows the reader to have a thorough understanding of the subject from a scientific point of view and from the point of view of practical application.

    About the Author

    Table of Cases

    Table of Legislation

    Preface

    CHAPTER 1 INTRODUCTION

    CHAPTER 2 THE DESIGN AND CONSTRUCTION OF INLAND WATERWAY VESSELS

    CHAPTER 3 NAVIGABILITY LICENCES FOR INLAND WATERWAY VESSELS AND THEIR RECIPROCAL RECOGNITION

    CHAPTER 4 PROFESSIONAL QUALIFICATIONS OF THE CREW IN INLAND NAVIGATION AND THEIR RECOGNITION

    CHAPTER 5 THE ORGANISATION OF WORKING TIME IN INLAND WATER TRANSPORT

    CHAPTER 6 INLAND WATER TRANSPORT OF PASSENGERS AND GOODS IN THE EU MARKET

    CHAPTER 7 INLAND WATER TRANSPORT OF DANGEROUS GOODS

    CHAPTER 8 NAVIGATION SAFETY AND ENVIRONMENTAL PROTECTION

     

    APPENDIX LIST OF STATE AID CASES IN THE EU INLAND WATER TRANSPORT SECTOR

    Biography

    Massimiliano Grimaldi, founding partner of Grimaldi Studio Legale Genova (www.grimaldistudiolegale.com), is a member of the Order of Lawyers of Genoa and is one of the greatest lawyers in Transport law. He was awarded the title of Professional of the year – Transport Category at the TOP LEGAL INDUSTRY AWARDS 2020, following a rigorous selection to allow just the most deserving lawyers to compete in front of the Technical Commission.

    In 2018, Massimiliano was recognised Legal expert with high level of specialization in Transport Law by the Italian Transport Regulation Authority, and in 2017 he was awarded the title of Lawyer of the Year (Boutique of excellence) in Transport Law at the LE FONTI AWARDS 2017, that has awarded professional excellences in the market of legal services for years.

    Massimiliano Grimaldi founded and is President of the Italian Association of Inland Navigation Law (AIDNI) and he is also member of the Legal Committee of the International Association the Rhine Ships Register (IVR) based in Rotterdam, a prestigious international association founded in 1874 and operating in the transport sector on the main network of inland waterways and tidal waters of Europe. He is also a member of the editorial board of the Italian Journals Il Diritto Marittimo and Lextrasporti.