A4-0012/96

Proposal for a Council Directive on the systems of chartering and pricing in national and international inland waterway transport in the Community (COM(95)0199 - C4-0445/95 - 95/0121(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 4a (new)

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Whereas the Member States adopt accompanying social measures to assist carriers who close down their businesses;

(Amendment 2)

Recital 6a (new)

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Whereas, because of fluctuations in water levels and in demand for tonnage, arrangements must be retained to facilitate responses to imbalances in the transport market;

(Amendment 3)

Recital 7

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Whereas provisions must be adopted to allow action to be taken on the transport market in question in the case of a serious disturbance; whereas, to this end, the Commission should be given the power, through an advisory committee, to take appropriate measures,

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Whereas further provisions may be necessary in respect of the arrangements referred to in the previous recital to allow action to be taken on the transport market in question in the case of a serious disturbance;

(Amendment 4)

Recital 7a (new)

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Whereas the rotation system should have been terminated by 1 January 1994; whereas, in the context of a long-term transport policy, supplementary measures, which have no effect on competition, are necessary so that internal waterway transport can secure a greater share of the volume of traffic;

(Amendment 5)

Article 1(d)

>Original text>

(d) 'serious market disturbance': the emergence in the sector in question of problems specific to that market likely to cause a serious and potentially persistent excess of supply over demand, thereby posing a serious threat to the financial stability and survival of a large number of inland waterway carriers, unless the short and medium-term forecasts for the market in question indicate substantial and lasting improvements.

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(d) 'serious market disturbance': the emergence in the sector in question of problems specific to that market likely to cause a serious and persistent excess of supply over demand and lead to transport tariffs significantly below cost price, thereby posing a serious threat to the financial stability and survival of a large number of inland waterway carriers, unless the short and medium-term forecasts for the market in question indicate substantial and lasting improvements.

(Amendment 6)

Article 3, introductory phrase

>Original text>

Notwithstanding Article 2 Member States may, for a limited period up to 1 January 2000, maintain a system of minimum compulsory tariffs and systems of chartering by rotation, provided that:

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Notwithstanding Article 2 Member States may, for a limited period up to 1 January 1999, maintain a system of minimum compulsory tariffs and systems of chartering by rotation, provided that:

(Amendment 7)

Article 8

>Original text>

1. In the event of a serious disturbance in the inland waterways market the Commission may, on its own initiative or at the request of a Member State, take suitable measures, and in particular measures designed to prevent any new increase in the transport capacity on offer on the market in question. The decision shall be taken in conformity with the procedure laid down in Article 9(2).

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In order to be able to respond flexibly and efficiently to imbalances in the transport market even after completion of the liberalization programme, the Commission shall submit before 1 January 1998 a proposal to amend Council Regulation (EEC) No 1101/89(1) in order to:

(a) extend the so-called 'old for new' system by five years to 28 April 2004, in accordance with Article 8(5);

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(b) facilitate the establishment of a fund using contributions from the inland waterway transport industry in order to withdraw vessels from the market by means of scrapping in situations where overcapacity has again arisen.

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2. In the event of a request from a Member State for measures a decision shall be taken within a period of three months from receipt of the request.

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(1) OJ L 116, 28.4.1989, p. 25.

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3. The request from a Member State for suitable measures to be taken must be accompanied by all the information needed to assess the economic situation in the sector in question, in particular:

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- indication of the average costs and prices for the different types of transport,

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- the rate of utilization of the hold,

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- forecast demand.

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This information may only be used for statistical purposes. It may not be used for tax purposes or communicated to third parties.

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4. Decisions taken pursuant to this Article shall be notified immediately to the Member States.

(Amendment 8)

Article 9

>Original text>

1. The Commission shall be assisted by the committee established by Council Directive (EEC) 91/672.

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Deleted

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2. The Commission representative shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on this draft, where necessary by vote, within a time limit set by the Chairman according to the urgency of the matter.

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The opinion shall be recorded in the minutes; in addition, each Member State has the right to request that its position be recorded in the minutes.

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The Commission shall take full account of the opinion of the Committee. It shall inform the Committee of the manner in which it has taken account of its opinion.

(Amendment 9)

Article 10(1), 1st subparagraph

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1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1999. They shall forthwith inform the Commission thereof.

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1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1997. They shall forthwith inform the Commission thereof.

(Amendment 10)

Article 10a (new)

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Article 10a

Without prejudice to the responsibility of the transport and shipping industries themselves to strengthen further the position of freight transport by inland waterway after liberalization and reorganization of the market, the Commission shall act to provide encouragement and coordination in support of their efforts.

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Assisted by a working party consisting of experts from international organizations representing the transport and shipping industries, representatives of the Member States most concerned and independent experts, the Commission shall carry out an investigation and submit a report on its findings to the Council and the European Parliament before 1 January 1998.

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Particular attention shall be paid to:

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- the expected market position of inland waterways in European freight transport;

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- the danger that, with the continuing scrapping of smaller vessels, ever larger regions within the European Union will risk being deprived of the option of being served by inland waterway;

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- the opportunities that can be created for inland waterways through planned adjustments and improvements to the necessary infrastructure;

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- strengthening the position of inland waterways in combined transport;

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- the option of supplementary instruments to enable intervention in the event of serious market disturbances;

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- an accompanying social policy under which an uncompromising form of restructuring can be avoided.

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Independently of the foregoing consideration should be given in the short term to the situation in tanker transport, where overcapacity has been shown to be greater at present than in dry freight shipping.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on the systems of chartering and pricing in national and international inland waterway transport in the Community (COM(95)0199 - C4- 0445/95 - 95/0121(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(95)0199 - 95/0121(SYN) (( OJ C 318, 29.11.1995, p. 8.)),

- having been consulted by the Council pursuant to Articles 189c and 75 of the EC Treaty (C4-0445/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Budgets (A4-0012/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.