Proposal for a Council Regulation amending Council Regulation (EEC) No 1107/70 on the granting of aids for transport by rail, road and inland waterway

(95/C 253/07)

(Text with EEA relevance)

COM(95) 377 final - 95/0204(SYN)

(Submitted by the Commission on 19 July 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Union, and in particular Articles 75 and 94 thereof,

Having regard to the proposal from the Commission,

In cooperation with the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas Council Regulation (EEC) No 1107/70 (1) of 4 June 1970, on the granting of aids for transport by rail, road and inland waterway, as last amended by Regulation (EEC) No 3578/92 (2), provides the Member States with the possibility to develop combined transport by the granting of aid relating to investments in infrastructure and in fixed and mobile equipment necessary for transhipment or concerning the running costs of an intra-Community combined transport service transitting the territory of third countries;

Whereas the development of combined transport reveals that the launching phase of this technique has not yet been completed in all regions of the Community and that the aid arrangements have accordingly to be extended;

Whereas, consequently, it is appropriate to maintain in force until 31 December 1997 the current aid arrangements and that the Council takes a decision, under the conditions provided for in the Treaty, on the arrangements to be applied thereafter or, if necessary, on the conditions under which it will cease providing this aid;

Whereas the possibility of granting aid for the running costs of combined transport services has to be maintained for Switzerland and the States of former Yugoslavia, Austria having since adhered to the European Union;

Whereas Council Decision 75/327/EEC to which Article 4 of Regulation (EEC) No 1107/70 refers was repealed by Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways (3) and that it is advisable, accordingly, to delete Article 4;

Whereas the categories of aid authorized concerning inland transport have already been shown to operate satisfactorily and that it is possible, consequently, to simplify a check of these by exempting them from the procedure referred to in Article 93 (3) of the Treaty;

Whereas the laying down of rules relating to aids allocated by Member States for transport is a matter of exclusive Community competence and must take the form of a Regulation;

Whereas it is appropriate to amend Regulation (EEC) No 1107/70, accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1107/70 is amended as follows:

- in Article 3, item 1, letter (e), the date of 31 December 1995 is replaced by that of 31 December 1997,

- in Article 3, last indent, the words 'by Austria,` are deleted,

- Article 4 is deleted,

- Article 5, paragraph 1, becomes Article 4, paragraph 1,

- Article 5, paragraph 2, becomes Article 4, paragraph 2 and is replaced by the following text:

'2. Aid referred to in Article 3, paragraph 1, letter (e) shall be exempt from the procedure provided for in Article 93 (3) of the Treaty; it shall be communicated to the Commission on an estimated basis at the beginning of each year, and, subsequently, in the form of a report, at the end of the financial year.`,

- Article 6 becomes Article 5,

- Article 7 becomes Article 6,

- Article 8 becomes Article 7.

Article 2

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

It shall be applicable as from 1 January 1996.

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

(1) OJ No L 130, 15. 6. 1970, p. 1.

(2) OJ No L 364, 12. 12. 1992, p. 11.

(3) OJ No L 237, 24. 8. 1991, p. 25.