This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B COMMISSION REGULATION (EC) No 805/1999
of 16 April 1999
laying down certain measures for implementing Council Regulation (EC) No 718/1999 on a Community
fleet capacity policy to promote inland waterway transport
(OJ L 102, 17.4.1999, p. 64)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 1532/2000 of 13 July 2000 L 175 74 14.7.20001999R0805 — EN — 03.08.2000 — 001.001 — 1
COMMISSION REGULATION (EC) No 805/1999
of 16 April 1999
laying down certain measures for implementing Council Regulation (EC)
No 718/1999 on a Community fleet capacity policy to promote inland
waterway transport
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 waterway 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 implementing the
Community fleet capacity policy defined in the abovementioned Regulation;
Whereas it is advisable to maintain the special contribution rates and
equivalent tonnages laid down in Commission Regulations (EEC) No
1102/89 (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 Commission Regulations
(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 of thevarious fund authorities, at the beginning of each year, to enter in the accountsthe 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 representing
inland waterway carriers at Community level have been consulted 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 fleetcapacity 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.
— Tanker vessels:
— self-propelled barges: EUR 216 per tonne,!B
(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. 3.1999R0805 — EN — 03.08.2000 — 001.001 — 2
— 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 in paragraph 1shall be reduced by 30 %.
— For vessels with a deadweight capacity of between 450 and 650
tonnes, the maximum rates for the special contributions shall bereduced by 0,15 % for every tonne by which the deadweight capacityof 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 shall show alinear increase from 100 % to 115 %. For vessels with a deadweightcapacity 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 andthe currencies of the Member States adopting the euro laid down by Council
Regulation (EC) No 2866/98 (
1).
EQUIV ALENT 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 to be taken into considerationshall be determined, within each of the two categories of vessels indicatedbelow, 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 vessels with
a deadweight capacity of between 650 and 450 tonnes, these coefficients shallbe 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 coefficients shall show a linearincrease 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
"M1 0,80:13.
2. In the case of tanker vessels, the ratio shall be "M1 1,15:13.!B
(1) OJ L 359, 31.12.1998, p. 1.1999R0805 — EN — 03.08.2000 — 001.001 — 3
3. In the case of pusher craft, the ratio shall be "M1 0,50:13.
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 arrangements
between the accounts of the various funds as required pursuant to Article 3(6)of Regulation (EC) No 718/1999, each fund shall communicate the followinginformation 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 measures provided
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 ( Pn),
— the fund’ s surplus as at 1 January of the previous year deriving from
receipts intended for the payment of scrapping premiums or measuresprovided 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 Article8 of Regulation (EC) No 718/1999 ( P
t),
— 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), calculated
as follows:
Pnn¼Pt
ðRdtþStÞ/C2ðRdnþSnÞ
— 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 ( Pn5Pnn) transfers to a fund
with annual financial commitments greater than the annual adjustedcommitments ( P
n4Pnn).
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 the opinion of
a group made up of experts from the professional organisations representing
inland waterway carriers at Community level and in the Member Statesconcerned. This group shall be known as the ‘Group of Experts onCommunity 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 on the date of entry into
force of this Regulation.!B1999R0805 — EN — 03.08.2000 — 001.001 — 4
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1999R0805 — EN — 03.08.2000 — 001.001 — 5