Amended proposal for a Council Directive on the systems of chartering and pricing in national and international inland waterway transport in the Community
Date: 1996-04-22
Institutions: European Commission
Subjects: chartering, common transport policy, fixing of prices, inland waterway transport, international transport, national transport

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  22.04.19% 
COM(96)  182  final 

95/0121  (SYN) 
95/0122  (SYN) 
95/0123  (SYN) 

Amended  proposal  for a 
Council  Directive 
on the  systems  of  chartering  and pricing in national  and international  inland waterway 
transport in the  Community 

95/0121  (SYN) 

Amended  proposal  for a 
Council  Regulation  (EC) 
amending  Council  Regulation  (EEQ  No  1101/89  on  structural  improvements  in  inland 
waterway  transport 

95/0122  (SYN) 

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

95/0123  (SYN) 

(presented  by  the  Commission  pursuant  to  Article  189  a  (2) 
of  the  riC-Treaty) 

Amended  proposals  relating to the common  policy  on the organization  of 
the  inland  waterway  transport  market  and supporting  measures 

EXPLANATORY  MEMORANDUM 

At  its  plenary  part-session  of  13 February  1996  the  European  Parliament  approved, 
subject  to several  amendments,  the  following  proposals'"  presented  by the Commission 
in the framework  of  a Communication  on a common  policy  on  the  organization  of  the 
inland  waterway  transport  market  and  supporting  measures: 

I. 

II. 

Council  Directive  on  the  systems  of  chartering  and  pricing  in  national  and 
international  inland  waterway  transport  in the Community; 

Council  Regulation  (EC) amending  Regulation  (EEC)  No  1101/89 on  structural 
improvements  in inland  waterway  transport; 

III.  Council Regulation (EC) amending Regulation (EEC) No 1107/70 on the granting 

of  aids  for  transport  by rail,  road  and  inland  waterway. 

With  regard  to  proposal  I  the  Commission  has  accepted  the  amendments 
concerning recital  4a (new) and the first  subparagraph of Article  10(1), since they 
reinforce  and  update  the original  text. 

With  regard  to  proposal  II  the  Commission  has  accepted  the  amendments 
concerning  recital  2,  recital  4,  Article  1 and  Article  2,  which  provide  for  the 
possibility  of  a scrapping  operation  after  1995  for  an  additional  period  of  four 
years until  1999 inclusive,  and which create a legal basis for  a contribution  from 
the Community budget to the restructuring  operation for a further  year compared 
with the Commission proposal.  The Commission recognizes that the large-scale 
scrapping  scheme  could  run  until  1999,  the  eve  of  full  liberalization  of  the 
market, while maintaining its objective to reduce overcapacity  by scrapping 15% 
of  the  total  loading  tonnage. 
In  this  context,  the  contribution  from  the 
Community budget to co-finance  the scheme could be extended  by one year until 
1999.  In addition,  in order  to avoid any budgetary  problems  at the end of  1996, 
it would  indeed  be preferable  if  the Regulation  entered  into force  on the  actual 
day  of  its  publication. 

(i) 

OJ C 318, 29.11.1995, p. 8. 

With  regard  to  proposal  III  the  Commission  has  accepted  the  amendments 
concerning  the third  and fifth  paragraph  of Article  1, as they are in line with the 
philosophy  of these aids and extend by six months the period for the Commission 
proposal  to be presented  to the Council  on expiry  of the arrangements. 

The  Commission  therefore  amends  its proposals  as  follows: 

I. 

Amended proposal  fora 
Council  Directive 
on the systems  of chartering and pricing in national and international  inland waterway 
transport in the Community 

95/0121  (SYN) 

Original  proposal 

Amended  proposal 

Recital 4a  (new) 

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

down 

Article  10(1) 

1.  Member  States shall bring  into force 
the  laws,  regulations  and administrative 
provisions  necessary  to comply with this 
Directive  before  1 January  1996.  They 
shall  forthwith  inform  the  Commission 
thereof. 

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. 

these 
When  Member  States  adopt 
provisions, 
shall  contain  a 
these 
reference  to  this  Directive  or  shall  be 
accompanied  by  such  reference  at  the 
time of their publication.  The procedure 
for  such  references  shall  be  adopted  by 
the Member  States. 

these 
When  Member  States  adopt 
provisions, 
shall  contain  a 
these 
reference  to  this  Directive  or  shall  be 
accompanied  by  such  reference  at  the 
time of their publication.  The procedure 
for  such  references  shall  be  adopted  by 
the Member  States. 

II 

Amended  proposal for a 
Council  Regulation (EC) 
amending  Council  Regulation (EEC) No  1101/89 on structural improvements in inland 
waterway transport 

Recital 2 

(EEC) 
Whereas  Council  Regulation 
No  1101/89 provides  for  the possibility 
of  Community  financing  for  1995  to 
1998;  whereas  the procedure  for  1996, 
1997  and  1998  has 
to  be 
determined; 

still 

(EEC) 
Whereas  Council  Regulation 
No  1101/89  provides  for  the  possibility 
of  Community  financing  for  1995,  and 
whereas  Community  financing  should 
also be possible in the years immediately 
following  that  year  up  to  and  including 
1999: 

Recital  4 

in 

Whereas  public  contributions  must  be 
the 
granted  annually, 
contributions  made  by 
trade; 
whereas  measures  are  scheduled  for  a 
period of three years from  1996 to 1998; 
whereas they must be assessed  annually; 

line  with 
the 

in 

Whereas  public  contributions  must  be 
the 
granted  annually, 
contributions  made  by 
trade; 
whereas  measures  are  scheduled  for  a 
period  of four  years from  1996 to 1999; 
whereas they must be assessed  annually; 

line  with 
the 

Article 1 

Article  4a(l)  of  Regulation 
(EEC) 
No  1101/89, as amended on 5 December 
1995,  reads  as  follows: 

"For  the years  1995.  1996.  1997,  1998 
and  1999  the  funds  referred 
to  in 
Article  3 may  be resourced  by means of 
financial 
the 
Community." 

contributions 

from 

The  following  paragraphs  are  added  to 
Article  4(a) 
(EEC) 
No  1101/89: 

of  Regulation 

The  following  paragraphs  are  added  to 
Article 4(a) 
(EEC) 
No  1101/89: 

of  Regulation 

"4.  Financial  contributions  from  the 
Community  for  1996,  1997  and  1998 
than  double  the 
shall  not  be  more 
contributions  from  the trade. 

^3.  The  annual  amount  of  financial 
contributions  from  the  Community  for 
1996,  1997,  1998 and  1999 shall  not be 
more than double the contributions  from 
the trade. 

to  those  from 

5.  The  Member  States  in question  shall 
jointly  make  available  from  their  funds 
similar  amounts 
the 
Community  for  the  years  mentioned  in 
paragraph  4.  The proportionate share of 
each  Member  State  concerned  shall  be 
calculated  against  the  size  of  its  active 
fleet  as  compared  with  the  Member 
shall  be 
States.  These 
determined  by 
in 
conjunction  with  the  authorities  of  the 
various  scrapping  funds. 

amounts 
the  Commission 

6.  At the beginning  of each year  during 
the  scrapping  operations  for  1996  to 
1998,  the  Commission  shall  lay  down, 
the 
as  part  of 
procedures  for  scrapping  for  the year in 
progress  as  a  function  of  available 
finances,  market  developments  and 
liberalization  measures  taken." 

this  Regulation, 

the  structural 

4.  The Member  States  in question shall^ 
for the period mentioned in paragraph  3, 
make available from  their funds  amounts 
that  are  sufficient  when  used  together 
those  from  the  Community  to 
with 
achieve 
reorganization 
envisaged.  The  proportionate  share  of 
each  Member  State  concerned  shall  be 
calculated  against  the  size  of  its  active 
fleet  as  compared  with  the  Member 
be 
States.  These 
in 
determined  by 
conjunction  with  the  authorities  of  the 
various  scrapping  funds. 

amounts 
shall 
the  Commission 

in 

to 

paragraph  3 

5.  At the beginning  of each year  during 
the  scrapping  operations  for  the  period 
referred 
the 
Commission  shall  lay  down,  as  part  of 
this  Regulation, 
for 
scrapping  for  the  year  in  progress  as a 
function  of  available  finances,  market 
liberalization 
and 
developments 
measures  taken." 

the  procedures 

Article 2 

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

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

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

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

III. 

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

95/0123  (SYN) 

Article  1 

(No  change  to  the  first  two  paragraphs) 

on 

I he 

The  beneficiaries  of 
this  aid  shall 
undertake  to  provide  new  or  additional 
tonnage 
transport 
inland 
waterway, 
to  be  determined  with  the 
competent  authorities  of  the  Member 
States,  for  a period  of  five  years.  In the 
event 
this 
undertaking  the  aid  shall  be  recovered 
by  the  competent  authority. 

honour 

failure 

of 

to 

on 

the 

tonnage 

this  aid 

The  beneficiaries  of 
shall 
undertake  to  provide  new  or  additional 
transport 
inland 
waterway,  to  be  determined  with  the 
competent  authorities  of  the  Member 
States,  for  a period  of  five  years.  In  the 
event 
this 
undertaking,  all  or  part  of  the  aid  may 
be recovered  by the competent authority. 

honour 

failure 

of 

to 

No  later  than  31  July  1999  the  Council 
shall  decide,  on  a  proposal  from  the 
Commission  and under the conditions  set 
out 
subsequent 
arrangements  or,  where  appropriate,  on 
those 
the  conditions 
arrangements. 

the  Treaty,  on 

terminating 

for 

in 

No  later  than  31  December  1999  the 
Council  shall decide, on a proposal  from 
the 
the  Commission 
conditions  set  out  in  the  Treaty,  on 
subsequent  arrangements  or,  where 
for 
appropriate,  on 
terminating  those  arrangements. 

the  conditions 

under 

and 

ISSN 0254-1475 

COM(96) 182 final 

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Catalogue number  :  CB-CO-96-190-EN-C 

ISBN 92-78-03098-8 

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