# EUR-Lex - 52013PC0621 - EN

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# 52013PC0621

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 718/1999 on a Community-fleet capacity policy to promote inland waterway transport /* COM/2013/0621 final - 2013/0303 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

Council Regulation (EC) No 718/1999 of 29
March 1999 on a Community-fleet capacity policy to promote inland waterway
transport[1]
introduced a fleet capacity regulatory mechanism, the ‘old-for-new’ rule, aimed
at avoiding the emergence or aggravation of fleet overcapacity on the inland
waterway market in the EU. In April 2003, the ‘old-for-new’ rule was converted into
a standby mechanism to be activated in the event of a serious market
disturbance of the kind referred to in Directive 96/75/EC[2].

In line with their fleet capacity policies, Member
States with inland waterways linked to those of another Member State and total fleet
tonnage of over 100 000 tonnes set up an Inland Waterway Fund (the ‘Reserve
Fund’) on the basis of Article 3 of Regulation (EC) No 718/1999.

The Reserve Funds are financed from the
surplus funding from structural improvement schemes conducted up to 28 April
1999 and the special contributions received under the ‘old-for-new’ rule. They consist
solely of financial contributions from the inland waterway transport industry
and their cumulative value currently amount to around EUR 35 million.

The funds are administered by the competent
authorities of the Member States concerned under their national
legislation and with their own administrative resources.
National organisations representing inland waterway carriers are involved in
this administration in accordance with Article 3(2) of Regulation (EC) No 718/1999.

In accordance with Article 3(4) and (5) of the
regulation, the reserve funds may be used in only two situations[3]:

A.        In the event of a ‘serious market
disturbance’ in the inland waterway transport market, as referred to in Article
7 of Directive 96/75/EC, the Commission may, at the request of a Member
State, take suitable measures, in particular measures designed to prevent any
new increase in the transport capacity on offer on the market in question.

Within the meaning of Article 6 of
Regulation (EC) No 718/1999, the suitable measures are to be understood as
the reactivation of the ‘old for new’ rule, for a limited period, possibly accompanied
by structural improvement measures, e.g. the disbursement of premiums for the
scrapping of vessels, paid from the reserve funds.

B.         If unanimously requested by the
organisations representing inland waterway transport. In such as case, any Member State may take the measures as referred to in Article 8 of Regulation (EC) No 718/1999.

In connection with the modernisation and
restructuring of the EU fleets, the measures available to create a context
favourable to the environment and safety are the following:

– 
make it easier for inland waterway carriers
leaving the industry to obtain an early retirement pension or to transfer to
another economic activity;

– 
organise vocational training or retraining
schemes for workers leaving the industry;

– 
encourage private owner-operators to join trade
associations;

– 
encourage the adaptation of vessels to technical
progress in order to improve working conditions and promote technical safety
requirements; and

– 
improve operators’ skills in order to safeguard
the development and future of the trade.

To date, the capital in the reserve funds has
never been used. In 2009, the Netherlands informed the Commission about an
alleged serious market disturbance in its inland waterway transport market and
asked it to take suitable measures in accordance with Directive 96/75/EC
(situation A). However, from the information provided, the Commission was unable
to confirm the existence of a serious market disturbance within the meaning of the
Directive.

The EU-level representative organisations approached
the Commission once, in 2003, to enquire about possibilities for using the funds
(situation B). However, the envisaged measures were considered to be outside
the scope of Article 8 of Regulation (EC) No 718/1999.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The Commission consulted the representative
organisations on 11 April 2013 on the reasons for the reserve funds never
having been used, even though the sector was experiencing a decline, and on
possible solutions. They confirmed that the limited scope of Article 8 was a
barrier to triggering the use of the funds. They indicated that they would be in
favour of expanding the scope of the Article so as to apply the existing
measures for vocational training or retraining schemes to all crew members
leaving the sector. The wording of the current provision excludes
owner-operators, thereby making a sizeable percentage of the sector ineligible
to use the fund for this purpose, while training needs for workers are not
different from those of other crew members. Stakeholders also considered that
measures should be taken to strengthen professional associations who can help
to mitigate the fragmentation of the sector. Furthermore, they thought it would
be useful to add a measure aimed at innovating vessels and adapting them to technical
progress as regards the environment, which reflects the reality being faced by
the sector when comparing their environmental performance as regards emissions with
other modes of transport..

3.           LEGAL ELEMENTS OF THE
PROPOSAL

The measures referred to in Article 8 of
Regulation (EC) No 718/1999 are only covering social aspects. However, these measures
could be extended in particular to broaden the scope of training schemes, to strengthen
the organisation of the sector and to create a context favourable to innovation
and improved environmental performance.

It is therefore proposed that the measures
provided for in Article 8 be extended as following:

· 
give the possibility to organise vocational
training or retraining schemes for all crew members leaving the industry, not
only for employees (or workers);

· 
allow support to strengthen professional associations
at Union level; and

· 
encourage the innovation of vessels and their adaptation
to technical progress as regards the environment.

2013/0303 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Council Regulation (EC) No
718/1999 on a Community-fleet capacity policy to promote inland waterway
transport

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 91(1) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[4],

Having regard to the opinion of the
Committee of the Regions[5],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       Council Regulation (EC) No
718/1999 establishes the Union fleet capacity policy for vessels used to carry
goods on inland waterways in the Member States.

(2)       In connection with the
modernisation and restructuring of the fleets, social measures should be
envisaged to help workers who wish to leave the inland waterway industry or to
retrain for jobs in another sector, together with measures to encourage the
establishment of groupings of undertakings, improve operators’ skills and
promote the adaptation of vessels to technical progress.

(3)       To this end, the reserve
fund set up in each Member State whose inland waterways are linked to those of
another Member State and the tonnage of whose fleet is above 100 000
tonnes could be used if this is unanimously requested by the organisations
representing inland waterway transport.

(4)       The reserve funds,
consisting solely of financial contributions from the industry, have never been
used.

(5)       The measures in connection
with the modernisation of the EU fleet referred to in Article 8 of Regulation (EC)
No 718/1999 concern only social matters. Other types of support measure for
creating a context favourable to innovation and the environment are not
provided for.

(6)       The measures in Article 8 of
Regulation (EC) No 718/1999 concerning vocational training or retraining
schemes are relevant to all crew members leaving the sector, including
owner-operators and not only to those who are qualified as workers.

(7)       Article 8 of Regulation (EC)
No 718/1999 provides for measures that encourage owner-operators to join trade
associations, but not for measures that strengthen the organisations
representing inland waterway transport at Union level, whereas stronger
Union-wide organisations can help to mitigate fragmentation in the sector.

(8)       Article 8 of Regulation (EC)
No 718/1999 should therefore be complemented by measures aimed at establishing training
or retraining schemes for crew other than those who qualify as
"workers" leaving the industry, encouraging operators to join trade
associations, strengthening professional associations and encouraging the innovation
of vessels and their adaptation to technical progress as regards the environment
and be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Article 8 of Regulation (EC) No 718/1999 is
replaced by the following:

‘Article 8

Without prejudice to Article 3(5), any Member State may take measures in particular to:

– 
make it easier for inland waterway carriers
leaving the industry to obtain an early retirement pension or to transfer to
another economic activity,

– 
organise vocational training or retraining
schemes for crew members leaving the industry,

– 
improve skills in inland navigation in order to
safeguard the development and future of the profession,

– 
encourage owner-operators to join trade
associations and strengthen the organisations representing inland waterway
transport at Union level,

– 
encourage adaptation of vessels to technical
progress in order to improve working conditions and promote safety,

– 
encourage innovation of vessels and their
adaptation to technical progress as regards the environment.’

Article 2

This Regulation shall enter into force on
the twentieth day following that of its publication in the Official Journal of
the European Union.

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

[1]               OJ L 90, 2.4.1999 p. 1–5

[2]               Council Directive 96/75/EC of 19 November 1996 on the
systems of chartering and pricing in national and international inland waterway
transport in the Community, OJ L 304, 27.11.1996, p. 12.

[3]               In Germany and the Netherlands, proceeds from the
funds are nevertheless used in support of inland waterway transport, in
particular to support innovation (NL) or to provide professional training to
inland navigation workers on a training vessel (DE). The reserve fund itself
has however never been used.

[4]               OJ C , , p. .

[5]               OJ C , , p. .