Commission Regulation (EC) No 742/98 of 2 April 1998 amending Council Regulation (EEC) No 1101/89 as regards the conditions which apply to the putting into service of new capacity for dry cargo vessels in inland waterway transport
Date: 1998-04-02
Institutions: European Commission
Subjects: inland waterway shipping, inland waterway transport, push towing, technical standard, vessel

3. 4. 98

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EN

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Official Journal of the European Communities

L 103/3

COMMISSION REGULATION (EC) No 742/98

of 2 April 1998

amending Council Regulation (EEC) No 1101/89 as regards the conditions which
apply to the putting into service of new capacity for dry cargo vessels in inland
waterway transport

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1101/89
of 27 April 1989 on structural improvements in inland
waterway transport (1), as last amended by Commission
Regulation (EC) No 2310/96 (2), and in particular Article
8(1)(c) thereof,

Whereas, for the purpose of calculating the ‘old for new’
special contribution ratio, it is necessary to differentiate
between vessel
the three types
types on the basis of
provided for
in 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 trans-
port (3), as last amended by Regulation (EC) No 241/97 (4),
with a view to adapting this ratio to the economic realities
prevailing in the various sectors of the market pertaining
to these types of vessel;

Whereas, as a result of developments in the dry cargo
vessel sector within the inland waterway transport market,
it is necessary to adjust the ‘old for new ratio’ in order to
facilitate the ongoing restructuring of the sector, in par-
ticular with regard to container carriers, albeit without
thereby cancelling out
the Community
scrapping measures of 1996, 1997 and 1998; whereas it is

the effects of

therefore necessary to adjust the ratio for dry cargo vessels
by reducing it to 1,25:1;

Whereas, the measure provided for under this Regulation
has been the subject of consultations with the Member
States and the subject of an opinion by the ‘Group of
Experts on Structural Improvements in Inland Waterway
Transport’ provided for pursuant to Article 12 of Regula-
tion (EEC) No 1102/89,

HAS ADOPTED THIS REGULATION:

Article 1

The following fourth indent is added to Article 8(1)(a) of
Regulation (EEC) No 1101/89:

‘— in the case of dry cargo vessels as provided for in
Article 3(1) of Regulation (EEC) No 1102/89, and
by way of derogation from the first indent, “one
and a half times” shall be replaced by “1,25 times”
with effect from 1 April 1998.’

Article 2

This Regulation shall enter into force on the 20th day
following 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.

Done at Brussels, 2 April 1998.

For the Commission

Neil KINNOCK

Member of the Commission

(1) OJ L 116, 28. 4. 1989, p. 25.
(2) OJ L 313, 3. 12. 1996, p. 8.
(3) OJ L 116, 28. 4. 1989, p. 30.
(4) OJ L 40, 11. 2. 1997, p. 11.