Proposal for a Council Regulation amending Regulation (EEC) No 1101/89 on structural improvements in inland waterway transport (95/C 292/11) COM(95) 200 final - 95/0120(SYN)

(Submitted by the Commission on 7 June 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 75 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 1101/89 (1), as last anmended by Regulation (EC) No 3314/94 (2) introduced a programme of structural improvements in inland waterway transport; whereas this Regulation sets out to reduce structural overcapacity in inland waterway transport by providing for scrapping schemes coordinated at Community level;

Whereas the process of structural overcapacity reduction and fleet restructuring is spread over time; whereas because of the difficult economic situation in the sector, a growing number of new requests for scrapping premiums are being submitted to the scrapping funds and the financial resources to meet these requests are limited; whereas, therefore, additional financial resources should be temporarily made available to the said funds;

Whereas appropriations for structural improvement operations in inland waterway transport have been entered in the general budget of the European Communities for 1995 and the current scrapping operations should be stepped up; whereas, as a consequence, these appropriations should be set aside for the scrapping of vessels on the waiting list referred to in Article 8 (6) of Commission Regulation (EEC) No 1102/89 (3), as last amended by Regulation (EC) No 3039/94 (4); whereas for 1996 to 1998 provision should be made for a scrapping programme co-financed as an accompanying measure linked to the liberalization of the inland waterways market;

Whereas the financial solidarity referred to in Article 5 of Regulation (EEC) No 1101/89 must also come into play for all the resources and expenditure of the funds;

Whereas it is the Commission's responsibility to ensure coordination between the scrapping funds to make for uniform application of this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1101/89 is hereby amended as follows:

1. The following paragraph is added to Article 3:

'4. Each fund shall be financed by:

- the contributions referred to in Article 4,

- the special contributions referred to in Article 8,

- the financial resources made available by the Member States concerned as part of a scrapping scheme organized at Community level on the basis of harmonized procedures and participation of all the Member States concerned,

- the Community contributions referred to in Article 4a.`

2. The following Article 4a is added after Article 4:

'Article 4a

1. For the years 1995 to 1998 the funds referred to in Article 3 may be financed by contributions from the Community.

2. For 1995 the appropriations entered in the general budget of the European Communities shall be allocated by the Commission, as a function of the objectives to be achieved and in accordance with the different types and categories of vessel, to the funds according to the requests for scrapping premiums duly entered on the common waiting list.

3. For 1996 to 1998 the system of Community financial participation shall be laid down by the Council, acting on a proposal from the Commission, in accordance with the procedure set out in Article 75 of the Treaty.`

3. In Article 5 (2) the second sentence is replaced by the following:

'This shall come into play for all the expenditure and all the resources of the funds referred to in Article 3 (4) so as to guarantee equal treatment in the scrapping operations for all carriers, independently of the fund to which the vessel belongs, subject to this Regulation.`

4. In Article 10 paragraph 3 is replaced by the following;

'3. The Commission shall ensure that the scrapping funds apply to this Regulation uniformly and shall provide coordination thereof.`

Article 2

This Regulation shall enter into force on the 20th day after its publication in the Official Journal of the European Communities.

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

(1) OJ No L 116, 28. 4. 1989, p. 25.

(2) OJ No L 350, 31. 12. 1994, p. 8.

(3) OJ No L 116, 28. 4. 1989, p. 30.

(4) OJ No L 322, 15. 12. 1994, p. 11.