Ellen Kole of the Dutch law firm AKD Prinsen van Wijmen said, ‘At present, member states are using a variety of information systems on inland waterways. But it is proposed that systems should be harmonised throughout the European Union following the introduction of RIS, an inter-operable system based on open and public standards which re available on a non-discriminatory basis to all system suppliers and users.

‘The directive state that it is the responsibility of member states to encourage users to comply with RIS procedures and equipment requirements. However, the legislative proposal currently before the Lower House of Parliament explicitly states that the introduction of RIS is merely an obligation on the part of member states, not an obligation on the shipper, which is contrary to the directive.

‘The introduction of RIS will also involve the processing or personal data, which could contravene the laws of privacy in the Netherlands. The transport minister responded that the proposal envisages the appointment of a public authority which will be authorised to process personal data. The government will then be able to enact rules on the protection of privacy by governmental decree. Abuse of personal data by officials will trigger disciplinary proceedings.’

The directive must be implemented by 20 October of this year, with the amended act intended to come into force by the same date.