1999R0805 — EN — 29.04.2003 — 004.001 — 1
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►B COMMISSIONREGULATION(EC)No805/1999
of16April1999
laying down certain measures for implementing Council Regulation (EC) No 718/1999 on a
Communityfleetcapacity policytopromoteinlandwaterwaytransport
(OJ L 102, 17.4.1999, p. 64)
Amended by:
Official Journal
No page date
►M1CommissionRegulation(EC) No 1532/2000 of 13 July 2000 L 175 74 14.7.2000
►M2►C1CommissionRegulation(EC) No 997/2001 of 22 May 2001 ◄L 139 11 23.5.2001
►M3CommissionRegulation(EC) No 336/2002 of 22 February 2002 L 53 11 23.2.2002
►M4CommissionRegulation(EC) No 411/2003 of 5 March 2003 L 62 18 6.3.2003
Corrected by:
►C1Corrigendum, OJ L 142, 29.5.2001, p. 18 (997/2001)
▼B
COMMISSIONREGULATION(EC)No805/1999
of16April1999
layingdowncertainmeasuresforimplementingCouncilRegulation
(EC)No718/1999onaCommunityfleetcapacitypolicytopromote
inlandwaterwaytransport
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 718/1999 of 29 March
1999 on a Community fleet capacity policy to promote inlandwaterway transport (
1), and in particular Article 9(3) thereof,
Whereas, pursuant to Article 7 of Regulation (EC) No 718/1999, the
Commission must lay down the practical arrangements for imple-menting the Community fleet capacity policy defined in theabovementioned Regulation;
Whereas it is advisable to maintain the special contribution rates and
equivalent tonnages laid down in Commission Regulations (EEC) No1102/89 (
2) as last amended by Regulation (EC) No 241/97 (3), and
(EC) No 241/97 since they have proved effective;
Whereas it is advisable to adjust the various ratios mentioned in Article
4 of Regulation(EC) No 718/1999 inaccordan ce with CommissionRegulations (EC) No 2812/94 (
4) inthe case of tan ker vessels, (EC)
No 2310/96(5) inthe case of pusher craft an d (EC) No 742/98 (6)i n
the case of dry cargo vessels;
Whereas, in order to ensure mutual financial support between the
inland waterways' funds, it is advisable for the Commission, with thehelp of the various fund authorities, at the beginning of each year, toenter in the accounts the resources available in the reserve fund and
to balance the accounts in the event of new improvement measures;
Whereas the Member States concerned and the organisations repre-
senting inland waterway carriers at Community level have beenconsulted on the measures provided for in this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation fixes the rate of the special contributions referred to in
Article 7 of Regulation(EC) No 718/1999, the ratios for the ‘old-for-
new’ rule, and the practical arrangements for implementing the
Community fleet capacity policy.
SPECIAL CONTRIBUTIONS
Article 2
1. The special contributions for the various types and categories of
vessels shall be between 70 % and 115 % of the following rates:
— Dry cargo vessels:
— self-propelled barges: EUR 120 per tonne,
— pushed barges: EUR 60 per tonne,— lighters: EUR 43 per tonne.1999R0805 — EN — 29.04.2003 — 004.001 — 2
(1) OJ L 90, 2.4.1999, p. 1.
(2) OJ L 116, 28.4.1989, p. 30.
(3) OJ L 40, 11.2.1997, p. 11.
(4) OJ L 298, 19.11.1994, p. 22.
(5) OJ L 313, 3.12.1996, p. 8.
(6) OJ L 103, 3.4.1998, p. 3.
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— Tanker vessels:
— self-propelled barges: EUR 216 per tonne,
— pushed barges: EUR 108 per tonne,
— lighters: EUR 39 per tonne.
— Pusher craft:
EUR 180/kW with a linear increase to EUR 240/kW where the
motive power is equal to or greater than1 000 kW.
2. — For vessels with a deadweight capacity of less than 450 tonnes,
the maximum rates for the special contributions set out in para-
graph 1 shall be reduced by 30 %.
— For vessels with a deadweight capacity of between450 an d 650
tonnes, the maximum rates for the special contributions shall bereduced by 0,15 % for every tonne by which the deadweightcapacity of the vessel in question is less than 650 tonnes.
— For vessels with a deadweight capacity of between650 an d
1 650 tonnes, the maximum rates for the special contributionsshall show a linear increase from 100 % to 115 %. For vesselswith a deadweight capacity of more than 1 650 tonnes, the
maximum rates for the special contributions shall remain at
115 %.
3. The Special contributions, expressed in euros, shall be converted
into the currencies of the relevant funds at the conversion rates
between the euro and the currencies of the Member States adopting
the euro laid downby Coun cil Regulation(EC) No 2866/98 (
1).
EQUIVALENT TONNAGE
Article 3
1. Where a vessel owner brings into service one of the vessels
referred to in Article 4 of Regulation (EC) No 718/99 and presents for
scrapping a vessel or vessels of another type, the equivalent tonnage tobe taken into consideration shall be determined, within each of the twocategories of vessels indicated below, in accordance with the followingadjustment coefficients:
— Dry cargo vessels:
— self-propelled barges over 650 tonnes: 1,00,
— push barges over 650 tonnes: 0,50
— lighters over 650 tonnes: 0,36.
— Tanker vessels:
— self-propelled barges over 650 tonnes: 1,00,
— push barges over 650 tonnes: 0,50,
— lighters over 650 tonnes: 0,18.
2. For vessels with a deadweight capacity of less than 450 tonnes,
the coefficients set out in paragraph 1 shall be reduced by 30 %. For
vessels with a deadweight capacity of between 650 and 450 tonnes,
these coefficients shall be reduced by 0,15 % for every tonne by whichthe deadweight capacity of the vessel inquestionis less than650tonnes. For vessels with a deadweight capacity of between 650 and1 650 tonnes, the coefficients shall show a linear increase from 100 to115 %.1999R0805 — EN — 29.04.2003 — 004.001 — 3
(1) OJ L 359, 31.12.1998, p. 1.
▼B
‘OLD FOR NEW’ RATIOS
Article 4
From 29 April 1999, the bringing into service of vessels shall be
subject to the condition laid down in Article 4(1) of Regulation (EC)No 718/1999.
1. In the case of dry cargo carriers, the ratio (between old tonnage ad
new tonnage) shall be ►
M40:1◄.
2. Inthe case of tan ker vessels, the ratio shall be ►M40:1◄.
3. Inthe case of pusher craft, the ratio shall be ►M40:1◄.
MUTUAL FINANCIAL SUPPORT
Article 5
1. With a view to entering in the accounts the resources available in
the reserve fund or to operating the mutual financial support arrange-ments between the accounts of the various funds as required pursuantto Article 3(6) of Regulation(EC) No 718/1999, each fun d shallcommunicate the following information to the Commission at thebeginning of each year:
— the fund's receipts in the previous year, in so far as these receipts
are intended for the payment of scrapping premiums or measures
provided for inArticle 8 of Regulation(EC) No 718/1999 (R
dn),
— the financial commitments incurred by the fund during the previous
year inrespect of scrappin g premiums or measures provided for inArticle 8 of Regulation(EC) No 718/1999 (P
n),
— the fund's surplus as at 1 January of the previous year deriving from
receipts intended for the payment of scrapping premiums or
measures provided for inArticle 8 of Regulation(EC) No 718/1999 (S
n).
2. The Commission, with the assistance of the fund authorities, shall
determine, on the basis of the information referred to in paragraph 1:
— the total financial commitments incurred by the funds during the
previous year inrespect of scrappin g premiums or measures
provided for inArticle 8 of Regulation(EC) No 718/1999 (Pt),
— the total receipts of all the funds during the previous year (Rdt),
— the total surplus of all the funds on 1 January of the previous year
(St),
— the adjusted annual financial commitment of each fund (Pnn), calcu-
lated as follows:
Pnn¼Pt
RdtþSt ðÞ/C2RdnþSn ðÞ
— for each fund, the difference between annual financial commitments
(Pn) and annual adjusted financial commitments (Pnn),
— the sums which each fund whose annual commitments are less than
the annual adjusted financial commitments (Pn<Pnn) transfers to a
fund with annual financial commitments greater than the annualadjusted commitments (P
n>Pnn).
3. Each of the funds involved shall transfer the sums referred to in
the sixth indent of paragraph 2 to the other funds by 1 March of the
current year.
CONSULTING
Article 6
On all matters concerning the Community fleet capacity policy and
amendments to this Regulation the Commission shall request theopinion of a group made up of experts from the professional organisa-tions representing inland waterway carriers at Community level and in1999R0805 — EN — 29.04.2003 — 004.001 — 4
▼B
the Member States concerned. This group shall be known as the ‘Group
of Experts on Community Fleets Capacity and Promotion Policy’.
FINAL PROVISIONS
Article 7
This Regulation shall enter into force on 29 April 1999.Regulation(EEC) No 1102/89 is hereby repealed onthe date of en try
into force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1999R0805 — EN — 29.04.2003 — 004.001 — 5