EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The following proposal for repealing Council Regulation (EEC) No 1101/89, Regulations (EC) No 2888/2000 and (EC) No 685/2001 is submitted in the context of the Commission's REFIT programme and commitment on better regulation. The objective is to ensure a legislative framework that is fit for purpose and of high-quality, as referred to in the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making. To that end, the Commission has identified these obsolete Regulations which the Commission is proposing to repeal.

1.1.Council Regulation (EEC) No 1101/89

Based on Article 91 of the Treaty on the Functioning of the European Union, Regulation (EEC) No 1101/89 introduced arrangements for structural improvements in the inland waterway sector for the fleets operating on the linked inland waterway networks of Belgium, Germany, France, Luxembourg, the Netherlands and Austria.

The objective of that Regulation was to reduce overcapacity in the inland waterway fleets by means of vessel-scrapping schemes coordinated at Community level. Regulation (EEC) No 1101/89 was designed to be limited in time as explained in article 8(1). It stopped producing effect as of 28 April 1999.

On 29 March 1999 Council Regulation (EC) No 718/1999 on a Community-fleet capacity policy to promote inland waterway transport was adopted in order to ensure that the appropriate tools continued to be available to the inland waterway transport sector and to manage the fleet capacity. This Regulation entered into force on 29 April 1999 to succeed to Regulation (EEC) No 1101/89.

1.2.Regulation (EC) No 2888/2000

Based on Article 91 of the Treaty on the Functioning of the European Union, Regulation (EC) No 2888/2000 distributed the quotas for heavy goods vehicles which the Community received from Switzerland for years 2001 to 2004 among its Member States.

Article 8 of the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road , which was signed on 21 June 1999 and which entered into force on 1 June 2002, provided for such quotas for vehicles with a total weight between 34 tonnes and 40 tonnes as transitional arrangements for years 2001 to 2004.

In accordance with Article 8(6) of the Agreement and with effect from 1 January 2005, all vehicles meeting the technical standards of Directive 96/53/EC (that is to say, up to a maximum weight of 40 tonnes) "shall be exempt, under Article 32, from any quota or authorisation arrangements."

As from 2005 there is no longer a need to distribute quotas amongst Member States, Regulation (EC) No 2888/2000 has become obsolete and should be repealed.

1.1.Regulation (EC) No 685/2001

Based on Article 91 of the Treaty on the Functioning of the European Union, Regulation (EC) No 685/2001 lays down the rules for the distribution between the Member States of authorisations available to the Community by virtue of Article 6(2) of the agreements between the European Community and the Republic of Bulgaria and between the European Community and Romania establishing certain conditions for the carriage of goods by road and the promotion of combined transport.

The Regulation has become obsolete as Bulgaria and Romania have acceded to the Union and as Member States they are no longer subject to a system of authorisations as far as access to the haulage market is concerned.

2.RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

N/A

3.LEGAL ELEMENTS OF THE PROPOSAL

The proposal consists of repealing Council Regulation (EEC) No 1101/89, Regulations (EC) No 685/2001 and (EC) No 2888/2000.