1999R0805 — EN — 12.06.2001 — 002.001 — 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
►M1Commission Regulation (EC) No 1532/2000 of 13 July 2000 L 175 74 14.7.2000
►M2►C1Commission Regulation (EC) No 997/2001 of 22 May 2001 ◄L 139 11 23.5.2001
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 inland waterwaytransport(
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 implementingthe Community fleet capacity policy defined in the abovementionedRegulation;
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 in accordance with CommissionRegulations (EC) No 2812/94(
4) in the case of tanker vessels, (EC) No
2310/96(5) in the case of pusher craft and (EC) No 742/98(6) in 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 the help ofthe various fund authorities, at the beginning of each year, to enter in theaccounts 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 — 12.06.2001 — 002.001 — 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.
▼B
— 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 than 1 000 kW.
2. — For vessels with a deadweight capacity of less than 450 tonnes,
the maximum rates for the special contributions set out inparagraph 1 shall be reduced by 30 %.
— For vessels with a deadweight capacity of between 450 and 650
tonnes, the maximum rates for the special contributions shall be
reduced by 0,15 % for every tonne by which the deadweight
capacity of the vessel in question is less than 650 tonnes.
— For vessels with a deadweight capacity of between 650 and 1 650
tonnes, the maximum rates for the special contributions shallshow a linear increase from 100 % to 115 %. For vessels with adeadweight capacity of more than 1 650 tonnes, the maximumrates 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
down by Council 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 forscrapping a vessel or vessels of another type, the equivalent tonnage tobe taken into consideration shall be determined, within each of the two
categories of vessels indicated below, in accordance with the following
adjustment 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 vesselswith a deadweight capacity of between 650 and 450 tonnes, thesecoefficients shall be reduced by 0,15 % for every tonne by which thedeadweight capacity of the vessel in question is less than 650 tonnes. For
vessels with a deadweight capacity of between 650 and 1 650 tonnes, the
coefficients shall show a linear increase from 100 to 115 %.
‘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 ►
M2►C10,60:1◄◄.1999R0805 — EN — 12.06.2001 — 002.001 — 3
(1) OJ L 359, 31.12.1998, p. 1.
▼B
2. In the case of tanker vessels, the ratio shall be
►M2►C10,90:1◄◄.
3. In the case of pusher craft, the ratio shall be
►M2►C10,25:1◄◄.
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 supportarrangements between the accounts of the various funds as requiredpursuant to Article 3(6) of Regulation (EC) No 718/1999, each fundshall communicate the following information to the Commission at the
beginning 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 measuresprovided for in Article 8 of Regulation (EC) No 718/1999 (R
dn),
— the financial commitments incurred by the fund during the previous
year in respect of scrapping premiums or measures provided for in
Article 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 in Article 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 in respect of scrapping premiums or measures
provided for in Article 8 of Regulation (EC) No 718/1999 (P t),
— the total receipts of all the funds during the previous year (R dt),
— the total surplus of all the funds on 1 January of the previous year
(St),
— the adjusted annual financial commitment of each fund (P nn),
calculated as follows:
Pnn¼Pt
RdtþSt ðÞ /C2 RdnþSn ðÞ
— for each fund, the difference between annual financial commitments
(Pn) and annual adjusted financial commitments (P nn),
— the sums which each fund whose annual commitments are less than
the annual adjusted financial commitments (P n<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 currentyear.
CONSULTING
Article 6
On all matters concerning the Community fleet capacity policy and
amendments to this Regulation the Commission shall request the
opinion of a group made up of experts from the professionalorganisations representing inland waterway carriers at Community leveland in the Member States concerned. This group shall be known as the‘Group of Experts on Community Fleets Capacity and PromotionPolicy’.
FINAL PROVISIONS
Article 7
This Regulation shall enter into force on 29 April 1999.1999R0805 — EN — 12.06.2001 — 002.001 — 4
▼B
Regulation (EEC) No 1102/89 is hereby repealed on the date of entry
into force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1999R0805 — EN — 12.06.2001 — 002.001 — 5