Author: Sophie C. Orzechowski (Faculty of Law, University of Antwerp, Belgium)
Published in: European Journal of Risk Regulation, First View, pp. 1–26
Published online: 30 March 2026 | DOI: 10.1017/err.2026.10093
The article is freely available: Read on Cambridge Core
Autonomous inland vessels are a core element of DiVINE’s Smart Vessels pillar, although the regulatory and legal framework for their deployment has, until now, remained largely unaddressed. This article fills that gap directly, offering a structured legal analysis of how — and by whom — autonomous inland waterway transport should be governed. Regulatory design will shape the deployment of autonomous vessels just as much as the technology itself. This work is therefore essential reading for DiVINE stakeholders, and policymakers engaged in the transition toward smart, unmanned inland shipping.
A deep dive
Treating autonomous inland vessels as a disruptive technology that does not fit neatly into existing legal regimes, the paper examines the question of regulation from two interconnected angles.
How to regulate. The article compares rules-based and goals-based regulatory approaches and argues that, given the pace of technological change, a goals-based, risk-based and adaptive regulatory framework is better suited to the autonomous IWT context than rigid prescriptive rules — while still providing the legal certainty that operators and investors require. Drawing on a set of innovation-guiding principles (outcome-based regulation, the precautionary principle, proportionality, and technological neutrality), the paper proposes a decision framework to guide regulators in balancing innovation, safety, and compliance. It then analyses how EU horizontal digital legislation — notably the AI Act and the Data Act — already applies to AI-driven autonomous systems on inland waterways, and how this horizontal layer must be read alongside sector-specific shipping rules.
Who should regulate. The article examines the current division of competences between EU institutions and river commissions (in particular the CCNR), finding that fragmented national regulatory approaches risk hindering cross-border deployment and undermining the single market for autonomous vessels. To address this, the paper proposes a set of regulatory and judicial mechanisms to improve coherence within Europe’s multilevel governance system.
Key Takeaways for DiVINE Stakeholders
A goals-based, risk-based, and technologically neutral regulatory approach provides the most appropriate foundation for governing fast-evolving autonomous IWT technology, while remaining compatible with the legal certainty that commercial operators need. EU horizontal digital law — particularly the AI Act and the Data Act — already bears directly on autonomous inland shipping and must be integrated with, rather than treated separately from, sector-specific maritime and waterway regulations. Regulatory harmonisation is the critical bottleneck for deployment at scale. Without effective coordination between EU institutions and river commissions, divergent national frameworks risk fragmenting the single market for autonomous vessels and impeding cross-border operations. Regulatory sandboxes, already recognised under the EU AI Act, offer a promising mechanism for collaborative, adaptive governance — allowing regulators and technology developers to co-produce regulatory knowledge during the initial phases of deployment.
