Proposal for a Council Regulation (EC) on a Community fleet capacity policy to promote inland waterway transport
Date: 1998-09-28
Institutions: European Commission
Subjects: inland waterway fleet, inland waterway transport, intra-EU transport, transport capacity

C  320/4

EN

Official  Journal  of  the  European  Communities

17.10.98

II

(Preparatory  Acts)

COMMISSION

Proposal  for  a  Council  Regulation  (EC)  on  a  Community  fleet  capacity  policy  to  promote
inland  waterway  transport

(98/C  320/04)

(Text  with  EEA  relevance)

COM(1998)  541  final  -  98/0281(SYN)

(Submitted  by  the  Commission  on  28  September  1998)

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,

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189c  of  the  Treaty,

Whereas  Regulation  (EEC)  No  1101/89(cid:216)(˛)  introduced
arrangements  for  structural  improvements  in  the  inland
waterway  sector  for  the  fleets  operating  on  the  linked
inland  waterway  networks  of  Austria,  Belgium,  France,
Germany,  Luxembourg  and  the  Netherlands;  whereas
the  objective  of  this  Regulation  was  to  reduce  overca(cid:220)
pacity  in  the  inland  waterway  fleets  by  means  of  vessel(cid:220)
scrapping  schemes  coordinated  at  Community 
level;
whereas  this  Regulation  expires  on  28  April  1999;

Whereas,  of  the  measures  to  support  these  structural
improvement  arrangements  with  the  aim  of  avoiding
aggravation  of  existing  overcapacity  or  the  emergence  of

the 

further  overcapacity,  the  "old  for  new’  rule  has  proved
inland
to  balanced  operation  of 
indispensable 
waterway  market  (Commission  report  COM(97)  555
final,  of  3  November  1997);  whereas  this  rule  also
remains  an  essential  instrument  for  intervention  in  the
event  of  a  serious  disturbance  in  the  same  market,  as
defined  in  Article  1  of  Directive  96/75/EC(cid:216)(ˇ),  whereas
steps  should  be  taken  to  prevent  the  benefits  from  the
scrapping  schemes  conducted  since  1990  being  wiped  out
by  new  capacity  coming  into  service  as  soon  as  the
therefore
abovementioned  rule  ends;  whereas 
necessary  to  retain  the  "old  for  new’  rule  for  a  limited
period  of  not  more  than  five  years  while  gradually
reducing  the  ratios  to  zero  to  safeguard  the  transition
and  end  the  Community  market 
intervention  stage;
whereas  it  is  also  important  to  maintain  the  "old  for  new’
instrument  for  regulating  the  capacity  of  the  Community
fleets  beyond 
standby
mechanism  set  at  zero  which  could  be  reactivated  in  the
event  of  serious  market  disturbance,  as  provided  for  by
Article  7  of  Directive  96/75/EC;

five  years,  but  as  a 

these 

is 

it 

Whereas  the  emergence  of  new  overcapacity  must  be
kept  in  check  effectively  in  every  branch  of  the  inland
waterway  transport  market;  whereas  the  measures  to  be
adopted  must,  therefore,  be  generally  applicable  and
cover  all  cargo  vessels  and  pusher  craft;  whereas  vessels
which,  because  they  operate  solely  on  closed  national  or
international  markets  and  in  no  way  contribute  to  the
overcapacity  on  the  network  of  linked  inland  waterways,
could  be  exempted;  whereas,  by  contrast,  private  fleets
performing  own(cid:220)account  operations  cannot  be  excluded
because  of  their  impact  on  transport  markets;

(˛)(cid:217)OJ  L  116,  28.4.1989,  p.  25.  Regulation  as  last  amended
by  Commission  Regulation  (EC)  No  742/98  (OJ  L  103,
3.4.1998,  p.  3).

(ˇ)(cid:217)OJ  L  304,  27.11.1996,  p.  12.

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Whereas  a  common  approach  allowing  Member  States  to
take  joint  measures  to  attain  the  same  objective  is  a  sine
qua  non  for  regulating  capacity;  whereas  to  this  end  the
scrapping  funds  introduced  by  Regulation  (EEC)  No
1101/89  in  the  Member  States  with  inland  waterways
should  be  maintained  and  redesignated 
"Community
fleets  coordination  and  promotion  funds’  and  should
administer  this  "old  for  new’  rule;  whereas  the  surplus
funds  from  the  structural  improvement  schemes  in  place
up  until  28  April  1999  should  be  placed  in  a  reserve  fund
attributed  to  the  abovementioned  funds;

Whereas,  in  view  of  the  fundamental  differences  between
the  dry  cargo,  liquid  cargo  and  pusher  craft  markets,  it  is
advisable  to  keep  separate  accounts  in  each  fund  for  dry
cargo  carriers,  tanker  vessels  and  pusher  craft;

in 

this  capacity 

sector;  whereas 

Whereas, 
the  context  of  an  economic  policy
compatible  with  the  Treaty,  responsibility  for  capacity
regulation  lies  primarily  with  operators  in  the  sector;
whereas  the  cost  of  the  measures 
introduced  must
therefore  be  borne  by  the  undertakings  in  the  inland
waterway 
regulation
consists  of  laying  down  the  conditions  to  apply  for
bringing  into  service  certain  new  capacity  without  going
so  far  as  totally  blocking  access  to  the  market;  whereas  it
is  possible  to  limit  the  duration  and  impact  of  these
conditions  and  to  adjust  them  flexibly  to  market  trends
but  the  ratios  must  gradually  be  reduced  to  zero  within
five  years  starting  on  28  April  1999;  whereas  this  regu(cid:220)
latory  mechanism  designated  the  "old  for  new’  rule  may
be  set  at  zero  and  maintained  for  more  than  five  years
after  28  April  1999;  as  a  standby  mechanism;  whereas
the  special  contributions  paid  under  the  "old  for  new’
rule  are  to  be  placed  in  the  reserve  fund  and  may  be  used
for  granting  scrapping  premiums,  should  intervention  in
the  market  be  necessary;

it 

threaten 

in  this  Regulation  and 

is  desirable  to  ensure  that  the  measures
Whereas 
implementation
provided  for 
thereof  do  not  distort,  or 
to  distort,
competition,  in  particular  by  favouring  certain  under(cid:220)
takings  to  an  extent  which  is  contrary  to  the  common
in  order  to  place  the  enterprises
interest;  whereas, 
concerned 
the
special  contributions  to  be  paid  to  the  funds  for  building
new  craft  and  the  scrapping  premiums,  should  such
premiums  prove  necessary 
in  the  event  of  a  serious
disturbance  of  the  market  and  in  accordance  with  the
procedure  provided 
in  Article  8  of  Directive
96/75/EC,  should  be  set  at  uniform  rates  and  on
uniform  terms;

in  similar  conditions  of  competition, 

for 

the 

since 

Whereas, 
Community 
capacity(cid:220)regulation  mechanism  must  be 
Community 

are
this
at
level;  whereas  the  power  to  adopt  such

fleets 
fleets,  decisions  on  operation  of 
taken 

inland  waterway 

decisions,  to  see  to 
implementation  thereof  and  to
safeguard  the  conditions  of  competition  laid  down  in  this
Regulation  must  be  conferred  on  the  Commission;

to 

Whereas, 
in  connection  with  the  modernisation  and
restructuring  of  the  Community  fleets  to  create  a  context
favourable 
social
the  environment  and 
measures  should  be  taken  to  help  workers  who  wish  to
leave  the  inland  waterway  industry  or  to  retrain  for  jobs
in  another  sector;  whereas  measures  should  be  taken  to
encourage  the  establishment  of  groupings  of  under(cid:220)
takings,  to  improve  operators’  skills  and  to  promote
adaptation  of  the  vessels  to  technical  progress;

safety, 

Whereas,  in  order  to  prevent  distortion  of  competition
on  the  markets  in  question  and  to  make  the  proposed
measures  more  effective,  it  is  desirable  for  Switzerland  to
adopt  similar  measures  for  its  fleet  on  the  linked  inland
waterway  network  of  the  Member  States  concerned;
to  open  any
is  prepared 
whereas 
negotiations  necessary  with  Switzerland,

the  Community 

HAS  ADOPTED  THIS  REGULATION:

Article  1

Inland  waterway  vessels  used  to  carry  goods  between
two  or  more  points  by  inland  waterway  in  the  Member
States  shall  be  subject  to  the  Community  fleet  capacity
policy  laid  down  in  this  Regulation.  For  a  period  of  not
more  than  five  years  with  effect  from  28  April  1999  this
capacity  policy  shall  include  the  conditions  for  bringing
into  service  new  vessels,  in  accordance  with  this  Regu(cid:220)
lation.

Article  2

shall  apply 

1.(cid:218)(cid:217)This  Regulation 
to  cargo(cid:220)carrying
vessels  and  pusher  craft  providing  transport  services  on
own  account  or  for  hire  or  reward  and  registered  in  a
Member  State  or, 
if  not  registered,  operated  by  an
undertaking  established  in  a  Member  State.

For  the  purposes  of  this  Regulation,  "undertaking’  shall
mean  any  natural  or  legal  person  exercising  an  economic
activity  on  a  non(cid:220)industrial  or  industrial  scale.

2.(cid:218)(cid:217)The  following  shall  be  exempt  from  this  Regu(cid:220)
lation:

(a)(cid:217)vessels  operating  exclusively  on  national  waterways
not  linked  to  other  waterways  in  the  Community;

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(b) vessels  which,  owing  to  their  dimensions,  cannot
leave  the  national  waterways  on  which  they  operate
and  cannot  enter 
the
Community  ("captive  vessels’),  provided  that  such
vessels  are  not  likely  to  compete  with  vessels  covered
by  this  Regulation;

the  other  waterways  of 

(c) vessels  operating  exclusively  on  the  closed  market  of
its  tributaries)  up  to  Kelheim

the  Danube  (and 
without  ever  leaving  it;

(d) pusher  craft  with  a  motive  power  not  exceeding  300

kW;

-(cid:217)the  special  contributions  referred  to  in  Article  4  of

this  Regulation,

-(cid:217)the  financial  resources  which  could  be  made  available
in  the  event  of  serious  disturbance  of  the  market,  as
referred 
in  Article  7  of  Council  Directive
96/75/EC.

to 

5.(cid:218)(cid:217)The  reserve  fund  may  be  used  in  connection  with
the  suitable  measures  referred  to  in  Article  7  of  Council
Directive  96/75/EC  and,  in  particular,  in  the  course  of
the  improvement  measures  organised  at  Community  level
in  accordance  with  the  procedure  defined  in  Article  6  of
this  Regulation.

(e) seagoing 

inland  waterway  vessels  and  ship(cid:220)borne
barges  used  exclusively  for  international  or  national
transport  operations  during  voyages  which  include  a
sea  crossing;

6.(cid:218)(cid:217)The  reserve  fund  may  be  used  in  the  course  of  the
measures  referred  to  in  Article  8  of  this  Regulation  only
if  unanimously  requested  by  the  organisations  repre(cid:220)
senting  inland  waterway  transport  at  Community  level.

(f) vessels  used  exclusively  for  storage  of  goods,  i.e.
vessels  used  for  loading  and  subsequently  unloading
goods  at  the  same  place;

(g) dredging  equipment  such  as  hopper  vessels  and

pontoons  and  floating  construction  plant;

(h) ferries;

(i) vessels  providing  a  non(cid:220)profit(cid:220)making  public  service.

Article  3

the  Member  States  whose 

inland
1.(cid:218)(cid:217)Each  of 
waterways  are  linked  to  those  of  another  Member  State
and  the  tonnage  of  whose  fleet  is  above  100(cid:216)000  tonnes,
hereinafter  referred  to  as  "the  Member  States  concerned’,
shall  set  up,  under  its  national  legislation  and  with  its
own  administrative  resources,  a  Community  fleets  coor(cid:220)
dination  and  promotion  fund,  hereinafter  referred  to  as
"the  Fund’.

2.(cid:218)(cid:217)The  competent  authorities  in  the  Member  State
concerned  shall  administer  the  fund.  Each  Member  State
shall 
representing
its  national  organisations 
inland  waterway  carriers  in  the  administration.

involve 

3.(cid:218)(cid:217)Each  Fund  shall  consist  of  three  separate  accounts,
one  for  dry  cargo  carriers,  one  for  tanker  vessels  and
one  for  pusher  craft.

4.(cid:218)(cid:217)Each  fund  shall  have  a  reserve  fund  financed  by:

-(cid:217)the  surplus  funding  from  the  structural  improvement
schemes  conduced  up  until  28  April  1999,  consisting
of  contributions  from  the  Member  States  concerned,
the  Community  and  the  industry,

Article  4

1.(cid:218)(cid:217)Vessels  covered  by  the  Regulation,  whether  newly
constructed,  imported  from  a  non(cid:220)member  country  or
due  to  leave  the  national  waterways  mentioned  in  Article
2(2)(a),  (b)  or  (c),  may  be  brought  into  service  subject  to
the  condition  (the  "old  for  new’  rule)  that  the  owner  of
the  vessel  to  be  brought  into  service:

-(cid:217)either  scraps,  without  receiving  a  scrapping  premium,
tonnage  in  line  with  the  ratio  between  old  and  new
tonnage  set  by  the  Commission,

-(cid:217)or  pays  into  the  fund  covering  the  new  vessel,  or  into
the  fund  chosen  by  the  vessel(cid:220)owner  in  accordance
with  Article  5(2),  a  special  contribution  based  on  the
abovementioned  ratio  or, 
if  the  owner  scraps  a
tonnage  smaller  than  required  by  the  abovementioned
ratio,  pays  the  difference  between  the  tonnage  of  the
new  vessel  and  the  tonnage  scrapped.

2.(cid:218)(cid:217)The  ratio  may  be  set  at  different  levels  for  different
sectors  of  the  market,  i.e.  dry(cid:220)cargo  carriers,  tanker
vessels  and  pusher  craft;  the  ratio  must  gradually  be
reduced  to  zero  within  not  more  than  five  years  of  28
April  1999.  Once  the  ratio  has  been  set  at  zero,  the
arrangements  shall  become  a  standby  mechanism  and
may  be  reactivated  only 
in  the  event  of  a  serious
disturbance  of  the  market,  as  provided  for  by  Article  7  of
Directive  96/75/EC.

3.(cid:218)(cid:217)The  owner  of  the  vessel  shall  have  the  choice
between  paying  the  special  contribution  or  scrapping  old
tonnage  either  at  the  time  that  the  firm  order  for
construction  of  the  new  vessel  is  placed  or  at  the  time
that  the  application  for  import  is  lodged,  provided  the
vessel 
service  within  18  months
thereafter,  or  at  the  time  that  the  new  or  imported  vessel
is  brought  into  service.  This  choice  must  be  stated  at  the
time  of  ordering  or  applying  to  import  the  vessel.  The
vessel  offered  for  scrapping  as  compensatory  tonnage
is
must  have  been  scrapped  before  the  new  vessel 

is  brought 

into 

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brought  into  service.  Owners  of  vessels  to  be  brought
into  service  who  have  a  higher  tonnage  than  necessary
scrapped  shall  receive  no  financial  compensation  for  this
surplus.  Vessels  definitively  withdrawn  from  the  market
for  use  for  purposes  other  than  the  carriage  of  goods
such  as  vessels  for  humanitarian  purposes,  museum  ships,
vessels  for  developing  countries  outside  Europe  or  vessels
placed  at  the  disposal  of  non(cid:220)profit(cid:220)making  bodies  may
be  counted  as  compensatory  tonnage,  i.e.  treated  as  if
they  had  been 
the
Commission.

the  decision  of 

scrapped,  at 

4.(cid:218)(cid:217)In  the  case  of  pusher  craft,  the  concept  of  "tonnage’
shall  be  replaced  by  that  of  "motive  power’.

5.(cid:218)(cid:217)The  conditions  laid  down  in  paragraph  1  shall  also
apply  to  increases  in  capacity  resulting  from  the  leng(cid:220)
thening  of  a  vessel  or  the  replacement  of  pusher(cid:220)craft
engines.

6.(cid:218)(cid:217)The  Commission  may  exempt  specialised  vessels
from  the  scope  of  paragraph  1.  The  specialised  vessels
must  be  specially  technically  designed  to  carry  a  single
type  of  goods  and  technically  unsuitable  for  carrying
other  goods,  it  must  be  impossible  to  carry  this  single
type  of  goods  in  vessels  without  special  technical  instal(cid:220)
lations  and  the  owners  of  the  vessels  must  give  a  written
undertaking  that  no  other  goods  will  be  carried  in  their
vessels  as  long  as  the  "old(cid:220)for(cid:220)new’  rule  applies.

Article  5

1.(cid:218)(cid:217)For  vessels  registered  in  one  of  the  Member  States
concerned,  the  special  contribution  shall  be  paid  into  the
fund  of  the  Member  State  where  the  vessel  is  registered.
For  non(cid:220)registered  vessels  operated  by  an  undertaking
established  in  one  of  the  Member  States  concerned,  the
special  contribution  shall  be  paid  into  the  fund  of  the
Member  State  in  which  the  undertaking  is  established.

2.(cid:218)(cid:217)The  special  contribution  for  vessels  registered  in
another  Member  State  or  for  non(cid:220)registered  vessels
operated  by  an  undertaking  established 
in  another
Member  State  shall  be  paid  into  one  of  the  funds  set  up
in  the  Member  States  concerned,  at  the  choice  of  the
vessel(cid:220)owner.

reactivate 

same  Article, 
the
the  Commission  may 
"old(cid:220)for(cid:220)new’  rule  for  a  limited  period,  as  provided  for
by  Article  7  of  Directive  96/75/EC,  or  adopt
improvement  measures  for  owners  of  all  vessels  referred
to  in  Article  2(1)  who  scrap  a  vessel,  i.e.  who  have  the
hull  of  the  vessel  broken  up  totally  or  destroy  the  engine
in  the  case  of  pusher  craft,  to  receive  a  scrapping
premium  at  the  rate  set  by  the  Commission  under  the
conditions  laid  down  in  Article  7  from  the  fund  covering
the  vessel 
in  so  far  as  the  financial  resources  are
available.  This  premium  shall  be  granted  only  in  respect
of  vessels  which  the  owner  proves  form  part  of  his  active
fleet,  i.e.:

-(cid:217)vessels  which  are  in  good  working  order,

-(cid:217)vessels  for  which  the  owner  can  produce  a  valid
certificate  of  waterworthiness  and  tonnage  certificate
or  an  authorisation  to  engage  in  national  transport
issued  by  the  competent  authority  of  one  of  the
Member  States  concerned,

-(cid:217)vessels  which  have  made  at  least  10  voyages  during
the
the  24  months  preceding  application 
premium. 
a
scrapping 
commercial 
transport  operation  over  a  distance
normal  for  the  carriage  of  goods  of  the  same  type
(over  50  km)  and  carrying  a  volume  of  cargo  in
reasonable  proportion  to  the  cargo  capacity  of  the
vessel  (at  least  70(cid:216)%).

shall  mean 

"Voyage’ 

for 

No  premium  shall  be  granted  in  respect  of  vessels  which,
as  a  result  of  a  wreck  or  other  damage  suffered,  are  no
longer  repairable  or  for  which  the  repair  costs  are  higher
than  the  amount  of  the  scrapping  premium.

that 

the  vessel  covered  by 

the  competent  authorities  have  well(cid:220)founded
Where 
the
to  doubt 
reasons 
application 
in  good
for 
working  order,  they  may  request  a  surveyor  to  certify
that  the  vessel  concerned  is  in  a  technical  condition  to
carry  goods.  The  scrapping  premium  may  be  refused  if
the  vessel  fails  to  meet  this  requirement.

the  scrapping  premium 

is 

Article  6

1.(cid:218)(cid:217)In  the  event  of  serious  disturbance  on  the  market,
as  defined  in  Article  7  of  Directive  96/75/EC,  at  the
request  of  a  Member  State,  after  the  committee  referred
to  in  Article  8  of  Directive  96/75/EC  has  given  its
opinion  and  following  the  procedure  laid  down  in  the

2.(cid:218)(cid:217)There  shall  be  mutual  financial  support  between  the
funds  with  regard  to  the  separate  accounts  mentioned  in
Article  3(3).  This  shall  come  into  play  for  all  the  expen(cid:220)
diture  and  all  the  funds  mentioned  in  Article  3(4),  so  as
to  guarantee  equal  treatment  for  all  carriers  subject  to
this  Regulation,  independently  of  the  fund  to  which  the
vessel  belongs.

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Article  7

-(cid:217)to  encourage  private  owner(cid:220)operators  to  join  trade

1.(cid:218)(cid:217)The  Commission  shall  lay  down  separately  for  dry
cargo  carriers,  for  tankers  and  for  pusher  craft:

-(cid:217)the  ratios  for  the  "old  for  new  ’  rule  for  the  vessels

referred  to  the  Article  2,

-(cid:217)the  rate  of  the  special  contributions,

-(cid:217)the  period  during  which  scrapping  premiums  referred
in  Article  6  will  be  paid,  the  conditions  for

to 
granting  them  and  the  rates,

-(cid:217)the  adjustment  coefficients  (equivalent  tonnage)  for
each  type  and  category  of  inland  waterway  vessel.

2.(cid:218)(cid:217)The  special  contributions  and  scrapping  premiums
shall  be  expressed  in  euro.  The  rates  applying  shall  be
the  same  for  each  fund.

3.(cid:218)(cid:217)The  special  contributions  and  scrapping  premiums
shall  be  calculated  on  the  basis  of  either  the  deadweight
tonnage  for  cargo(cid:220)carrying  vessels  or  the  motive  power
of  the  vessel  for  pusher  craft.

4.(cid:218)(cid:217)The  Commission  shall  lay  down  detailed  rules  for
the  mutual  financial  support  referred  to  in  Article  6(2).

The  decisions  reached  by  the  Commission  shall  also  take
account  of  the  results  of  observation  of  the  transport
markets 
in  the  Community  and  of  any  foreseeable
changes  therein,  as  well  as  of  the  need  to  avoid  any
distortion  of  competition  to  an  extent  which  is  contrary
to  the  common  interest.  In  order  to  contribute  to  obser(cid:220)
vation  of  the  market,  owners  of  vessels  built  or  imported
must  inform  the  funds  thereof  six  months  before  they  are
brought  into  service.

Article  8

The  Member  States  may  take  measures:

-(cid:217)to  make  it  easier  for  inland  waterway  carriers  leaving
the  industry  to  obtain  an  early  retirement  pension  or
to  transfer  to  another  economic  activity,

-(cid:217)to  organise  vocational  training  or  re(cid:220)training  schemes
for  workers  leaving  the  industry  after  scrapping  of
their  vessel,

associations,

-(cid:217)to  encourage  adaptation  of  vessels 

technical
progress  in  order  to  improve  working  conditions  and
promote  technical  safety  requirements,

to 

-(cid:217)to  improve  operators’  skills  in  order  to  safeguard  the

development  and  future  of  the  trade.

Article  9

The  Community  shall  enter  into  any  negotiations  which
prove  necessary  for  the  purposes  of  implementation  of
this  Regulation  with  Switzerland  and  with  other
non(cid:220)member  States.

Article  10

1.(cid:218)(cid:217)Member  States  shall  adopt  the  measures  necessary
to 
the
implement 
Commission  thereof.

this  Regulation  and  shall  notify 

The  measures  shall  provide,  inter  alia,  for  permanent  and
effective  verification  of  compliance  with  the  obligations
imposed  on  undertakings  by  this  Regulation  and  the
national  provisions  adopted  in  implementation  thereof,
and 
event  of
infringement.

appropriate  penalties 

the 

for 

in 

shall 

States 

the
2.(cid:218)(cid:217)Member 
Commission  annually  all 
information  on
progress  with  the  "old  for  new’  scheme  and,  in  particular,
on  the  financial  position  of  the  funds  and  of  their  reserve
fund.

communicate 

relevant 

to 

3.(cid:218)(cid:217)Before  29  April  1999  the  Commission  shall  adopt
the  decisions  which  it  is  required  to  take  under  Article  7.

4.(cid:218)(cid:217)The  Commission  shall  ensure  that  the  funds  apply
this  Regulation  uniformly  and  shall  ensure  coordination
thereof.

Article  11

This  Regulation  shall  enter  into  force  on  29  April  1999.

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ANNEX  FOR  INFORMATION

Draft  for  a  Commission  Regulation  (EC)  laying  down  certain  measures  for  implementing  Council  Regu(cid:220)
lation  (EC)  No  .(cid:216).(cid:216)./99  on  a  Community  fleet  capacity  policy  to  promote  inland  waterway  transport

THE  COMMISSION  OF  THE  EUROPEAN  COMMUNITIES,

Having  regard  to  the  Treaty  establishing  the  European  Community,

Having  regard  to  Council  Regulation  (EC)  No  .(cid:216).(cid:216)./99  on  a  Community  fleet  capacity  policy  to  promote
inland  waterway  transport,  and  in  particular  Article  11(3)  thereof,

Whereas,  under  Article  7  of  Regulation  (EC)  No  .(cid:216).(cid:216)./99,  the  Commission  must  lay  down  the  practical
arrangements  for  implementing  the  Community  fleet  capacity  policy  defined  in  the  abovementioned  Regu(cid:220)
lation;

Whereas  it  is  advisable  to  maintain  the  special  contribution  rates  laid  down  in  Commission  Regulation
(EC)  No  247/97(cid:216)(˛)  of  10  February  1997  since  they  have  proved  effective;

Whereas  it  is  advisable  to  maintain  the  rates  of  the  different  ratios  mentioned  in  Article  4  of  Council
Regulation  (EC)  No  .(cid:216).(cid:216)./99,  in  accordance  with  Commission  Regulations  (EC)  No  2812/94(cid:216)(ˇ)  of  18
November  1994  in  the  case  of  tanker  vessels,  (EC)  No  2310/96(cid:216)(—)  of  2  December  1996  in  the  case  of
pusher  craft  and  (EC)  No  742/98(cid:216)((cid:209))  of  2  April  1998  in  the  case  of  dry(cid:220)cargo  vessels;

Whereas,  in  order  to  operate  the  mutual  financial  support  arrangements  between  the  Community  fleets
coordination  and  promotion  funds,  it  would  seem  advisable  for  the  Commission,  with  the  help  of  the
representatives  of  the  funds,  to  enter  in  the  accounts  the  resources  available  in  the  reserve  fund  and  to
balance  the  accounts  in  the  event  of  new  improvement  measures;

Whereas  the  Member  States  concerned  and  the  organisations  representing  inland  waterway  carriers  at
Community  level  have  been  consulted  on  the  measures  provided  for  in  this  Regulation,

HAS  ADOPTED  THIS  REGULATION:

Article  1

This  Regulation  fixes,  inter  alia,  the  rate  of  the  special  contributions  referred  to  in  Article  7  of  Regulation
(EC)  No  .(cid:216).(cid:216)./99,  the  ratios  for  the  "old  for  new  ’  rule  referred  to  in  Article  7  of  the  same  Regulation  and
the  practical  arrangements  for  implementing  the  Community  fleet  capacity  policy  in  order  to  grant
scrapping  premiums,  where  necessary.

Article  2

Special  contributions

1.(cid:218)(cid:217)The  special  contributions  for  the  different  types  and  categories  of  vessels  shall  be  within  a  bracket
ranging  from  70  to  115(cid:216)%  of  the  following  rates(cid:216)(*):

-(cid:217)Dry  cargo  vessels

-(cid:217)self(cid:220)propelled  barges:  EUR  [120(cid:129)  per  tonne(cid:216)(*)

-(cid:217)push  barges:  EUR  60  per  tonne

(˛)(cid:217)OJ  L  40,  11.2.1997,  p.  11.
(ˇ)(cid:217)OJ  L  298,  19.11.1994,  p.  22.
(—)(cid:217)OJ  L  313,  3.12.1996,  p.  8.
((cid:209))(cid:217)OJ  L  103,  3.4.1998,  p.  3.
(*) Approximate  rate  at  present.

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17.10.98

- lighters:  EUR  [43(cid:129)  per  tonne(cid:216)(*)

- Tanker  vessels

-(cid:217)self(cid:220)propelled  barges:  EUR  [216(cid:129)  per  tonne(cid:216)(*)

-(cid:217)push  barges:  EUR  108  per  tonne

-(cid:217)lighters:  EUR  [39(cid:129)  per  tonne(cid:216)(*)

- Pusher  craft:

EUR  180/kW  with  a  linear  increase  to  EUR  240/kW  where  the  motive  power  is  equal  to  or  greater
than  1(cid:216)000  kW.

2. -(cid:217)For  vessels  with  a  deadweight  capacity  of  less  than  450  tonnes,  the  maximum  rates  for  the  special

contributions  set  out  in  paragraph  1  shall  be  reduced  by  30(cid:216)%,

-(cid:217)for  vessels  with  a  deadweight  capacity  of  between  450  and  650  tonnes,  the  maximum  rates  for  the
special  contributions  shall  be  reduced  by  0,15(cid:216)%  for  every  tonne  by  which  the  deadweight  capacity
of  the  vessel  in  question  is  less  than  650  tonnes,

-(cid:217)for  vessels  with  a  deadweight  capacity  of  between  650  and  1(cid:216)650  tonnes,  the  maximum  rates  for  the
special  contributions  shall  show  a  linear  increase  from  100(cid:216)%  to  115(cid:216)%  for  vessels  up  to  1(cid:216)650
tonnes.  For  vessels  with  a  deadweight  capacity  of  more  than  1(cid:216)650  tonnes,  the  maximum  rates  for
the  special  contributions  shall  remain  at  115(cid:216)%.

3.(cid:218)(cid:217)The  special  contributions,  expressed  in  euro,  shall  be  converted  into  the  currencies  of  the  relevant
fund  at  the  rate  applicable  on  the  date  of  publication  of  the  first  Official  Journal  of  the  European
Communities  for  the  year  in  question  in  which  the  interest  rates  applied  by  the  European  Monetary
Institute  to  its  operations  in  euro  for  the  month  of  January  are  specified.

Article  3

"Old  for  new’  ratios

With  effect  from  29  April  1999  the  bringing  into  service  of  vessels  shall  be  subject  to  the  condition  laid
down  in  Article  4(1)  of  Regulation  No  .(cid:216).(cid:216)./99:

1.(cid:217)in  the  case  of  dry  cargo  carriers,  the  ratio  (between  old  tonnage  and  new  tonnage)  shall  be  [1.25:1(cid:129)(cid:216)(*).

2.(cid:217)in  the  case  of  tanker  vessels,  the  ratio  shall  be  [1.50:1(cid:129)(cid:216)(*).

3.(cid:217)in  the  case  of  pusher  craft,  the  ratio  shall  be  [1:1(cid:129)(cid:216)(*).

Article  4

Mutual  financial  support

1.(cid:218)(cid:217)With  a  view  to  entering  in  the  accounts  the  resources  available  in  the  reserve  fund  or  to  operating  the
mutual  financial  support  arrangements  between  the  accounts  of  the  various  funds  as  required  under  Article
6(2)  of  Regulation  (EC)  No  .(cid:216).(cid:216)./99,  each  fund  shall  communicate  the  following  information  to  the
Commission  at  the  beginning  of  each  year:

-(cid:217)the  fund’s  receipts  in  the  previous  year,  in  so  far  as  these  receipts  are  intended  for  the  payment  of

scrapping  premiums  or  promotion  measures  (Rdn),

-(cid:217)the  fund’s  financial  commitments  incurred  during  the  previous  year  in  respect  of  scrapping  premiums  or

promotion  measures  (Pn),

-(cid:217)the  fund’s  surplus  as  on  1  January  of  the  previous  year  deriving  from  receipts  intended  for  the  payment

of  scrapping  premiums  or  promotion  measures  (Sn).

(*) Approximate  rate  at  present.

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2.(cid:218)(cid:217)The  Commission,  with  the  assistance  of  the  fund  authorities,  shall  determine,  on  the  basis  of  the
information  referred  to  in  paragraph  1:

-(cid:217)the  total  financial  commitments  incurred  by  the  funds  during  the  previous  year  in  respect  of  the

scrapping  premiums  or  promotion  measures  (Pt),

-(cid:217)the  total  receipts  of  all  the  funds  during  the  previous  year  (Rdt),

-(cid:217)the  total  surplus  of  all  the  funds  on  1  January  of  the  previous  year  (St),

-(cid:217)the  adjusted  annual  financial  commitment  of  each  Fund  (Pnn),  calculated  as  follows:

Pnn  =

Pt
(Rdt +(cid:216)St)

(cid:141)  (Rdn +(cid:216)Sn)

-(cid:217)for  each  fund,  the  difference  between  annual  financial  commitments  (Pn)  and  annual  adjusted  financial

commitments  (Pnn),

-(cid:217)the  sums  which  each  fund  whose  annual  commitments  are  less  than  the  annual  adjusted  financial
commitments  (Pn (cid:216)q  Pnn)  transfers  to  a  fund  with  annual  financial  commitments  greater  than  the  annual
adjusted  commitments  (Pn (cid:216)rPnn).

3.(cid:218)(cid:217)Each  of  the  funds  involved  shall  transfer  the  sums  referred  to  in  the  fifth  indent  of  paragraph  2(a)  and
in  the  sixth  indent  of  paragraph  2(b)  to  the  other  funds  by  1  March  of  the  current  year.

Article  5

Equivalent  tonnage

1.(cid:218)(cid:217)Where  a  vessel  owner  brings  into  service  one  of  the  vessels  referred  to  in  Article  4  of  Regulation  (EC)
No  .(cid:216).(cid:216)./99  and  presents  for  scrapping  a  vessel  or  vessels  of  another  type,  the  equivalent  tonnage  to  be
taken  into  consideration  shall  be  determined,  within  each  of  the  two  categories  of  vessels  indicated  below,
in  accordance  with  following  adjustment  coefficients:

-(cid:217)Dry  cargo  vessels

-(cid:217)self(cid:220)propelled  barges  over  650  tonnes:  1,00,

-(cid:217)push  barges  over  650  tonnes:  0,50,

-(cid:217)lighters  over  650  tonnes:  0,36;

-(cid:217)Tanker  vessels

-(cid:217)self(cid:220)propelled  barges  over  650  tonnes:  1,00,

-(cid:217)push  barges  over  650  tonnes:  0,50,

-(cid:217)lighters  over  650  tonnes:  0,18.

2.(cid:218)(cid:217)For  vessels  with  a  deadweight  capacity  of  less  than  450  tonnes,  the  coefficients  set  out  in  paragraph  1
shall  be  reduced  by  30(cid:216)%.  For  vessels  with  a  deadweight  capacity  of  between  450  and  650  tonnes,  these
coefficients  shall  be  reduced  by  0,15(cid:216)%  for  every  tonne  by  which  the  deadweight  capacity  of  the  vessel  in
question  is  less  than  650  tonnes.

Article  6

Consulting

1.(cid:218)(cid:217)The  Commission  shall  consult  the  Member  States  whenever  it  plans  to  amend  this  Regulation.

2.(cid:218)(cid:217)On  all  matters  concerning  the  Community  fleet  capacity  policy  the  Commission  shall  request  the
opinion  of  a  group  made  up  of  experts  from  the  professional  organisations  representing  inland  waterway
carriers  at  Community  level.  This  group  shall  be  known  as  the  "Group  of  Experts  on  Community  Fleets
Capacity  and  Promotion  Policy’.

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Article  7

Final  provisions

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

Regulation  (EEC)  No  1102/89  shall  remain  in  force  until  the  date  of  entry  into  force  of  this  Regulation.

Proposal  for  a  European  Parliament  and  Council  Decision  amending  Decision  No  1254/96/EC
laying  down  a  series  of  guidelines  for  trans(cid:220)European  energy  networks

(98/C  320/05)

(Text  with  EEA  relevance)

COM(1998)  542  final  -  98/0284(COD)

(Submitted  by  the  Commission  on  30  September  1998)

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL
OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  the  first  paragraph  of
Article  129d  thereof,

Whereas  the  descriptions  of  some  projects  of  common
interest  currently  featuring  on  the 
list  need  to  be
adapted;

Whereas  new  projects  must  be  added  to  the  list,

Having  regard  to  the  proposal  from  the  Commission,

HAVE  ADOPTED  THIS  DECISION:

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

Having  regard  to  the  opinion  of  the  Committee  of  the
Regions,

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189b  of  the  Treaty,

Whereas  the  list  of  projects  of  common  interest  estab(cid:220)
lished  by  Decision  No  1254/96/EC  of  the  European
Parliament  and  of 
the  Council(cid:216)(˛),  as  amended  by
Decision  No  1047/97/EC(cid:216)(ˇ),  needs  to  be  updated  peri(cid:220)
odically 
interconnected
energy  networks  both  inside  and  outside  the  European
Community  and  taking  account  of  the  enlargement
process  and,  more  generally,  the  strengthening  of  energy
links  with  non(cid:220)member  countries;

line  with  developments 

in 

in 

Article  1

The  indicative  list  of  projects  of  common  interest  set  out
in  the  Annex  to  Decision  No  1254/96/EC  is  hereby
amended  as  follows:

1.(cid:217)points  c(cid:216)8,  f(cid:216)1,  g(cid:216)7  and  h(cid:216)11  are  amended  as  indicated

in  Annex  I  to  this  Decision;

2.(cid:217)the  points  appearing  in  Annex  II  to  this  Decision  are

added.

Article  2

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

Article  3

This  Decision  is  addressed  to  the  Member  States.

(˛)(cid:217)OJ  L  161,  29.6.1996,  p.  149.
(ˇ)(cid:217)OJ  L  152,  11.6.1997,  p.  12.