COMMON POSITION (EC) No 28/95 adopted by the Council on 17 November 1995 with a view to adopting Council Regulation (EC) No .../95 of ... amending Regulation (EEC) No 1101/89 on structural improvements in inland waterway transport
Date: 1995-11-17
Institutions: Council of the European Union
Subjects: development plan, fund (EU), inland waterway fleet, inland waterway shipping, vessel













EUR-Lex - 51995AG1206(01) - EN






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51995AG1206(01)

COMMON POSITION (EC) No 28/95 adopted by the Council on 17 November 1995 with a view to adopting Council Regulation (EC) No .../95 of ... amending Regulation (EEC) No 1101/89 on structural improvements in inland waterway transport  


Official Journal C 325 , 06/12/1995 P. 0001 





COMMON POSITION  (EC) No 28/95adopted by the Council on 17 November 1995with a view to adopting Council Regulation  (EC) No .  .  ./95 of .  .  . amending Regulation (EEC) No 1101/89 on structural improvements in  inland waterway transport(95/C  325/01)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  (1), Having regard to the opinion of the Economic and Social Committee  (2), Acting in accordance with the procedure laid down in Article 189c of the Treaty  (3), Whereas Council Regulation (EEC) No 1101/89 of 27 April 1989 on structural improvements in inland  waterway transport  (4), introduced a programme of structural improvements 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 whilst the financial  resources to meet these requests are limited; whereas, therefore, additional financial resources  could be temporarily made available to the said funds, by the Member States; whereas these  contributions may be supplemented by Community financing for 1995; Whereas appropriations for structural improvement operations in inland waterway transport have been  entered and set 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 of 27 April 1989 laying down certain measures for  implementing Council Regulation (EEC) No 1101/89 on structural improvements in inland waterway  transport  (5); Whereas the financial solidarity referred to in Article 5 of Regulation (EEC) No 1101/89 must also  come into play for 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 Regulation (EEC) No 1101/89, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 1101/89 is hereby amended as follows: (1) The following paragraph shall be added to Article 3: '4.  Each fund shall be financed by: - the contribution referred to in Article 4, - the special contributions referred to in Article 8, - the financial resources which might be made available by the Member States concerned as part of a  scrapping scheme organized at Community level on the basis of harmonized procecdures to be fixed, - the Community contributions referred to in Article 4a.`; (2) The following Article 4 shall be inserted after Article 4: 'Article 4a1.  For the year 1995, 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, on the basis 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) In Article 5 (2) the second sentence shall be 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  subject to this Regulation, independently of the fund to which the vessel belongs.`; (4) Article 10 (3) shall be replaced by the following: '3.  The Commission shall ensure that the scrapping funds apply this Regulation uniformly and it  shall provide coordination thereof.`Article 2 This Regulation shall enter into force on the day  of its publication in the Official Journal of the European Communities. This Regulation is binding in its entirety and directly applicable in all Member  States. Done at .  .  . For the CouncilThe President(1) OJ No C 318, 29. 11. 1995, p. 11.  (2) Opinion delivered on 13 September 1995 (not yet published in the Official Journal).  (3) Opinion of the European Parliament of 10 October 1995 (not yet published in the Official  Journal), Council common position of .  .  . (not yet published in the Official Journal) and  Decision of the European Parliament of .  .  . (not yet published in the Official Journal).  (4) OJ No L 116, 28. 4. 1989, p. 25. Regulation as last amended by Regulation (EC) No 3314/94 (OJ  No L 350, 31. 12. 1994, p. 8).  (5) OJ No L 116, 28. 4. 1989, p. 30. Regulation as last amended by Regulation (EC) No 3039/94 (OJ  No L 322, 15. 12. 1994, p. 11).