Commission Regulation (EC) No 805/1999 of 16 April 1999 laying down certain measures for implementing Council Regulation (EC) No 718/1999 on a Community-fleet capacity policy to promote inland waterway transport
Date: 1999-04-16
Institutions: European Commission
Subjects: carriage of goods, inland waterway fleet, inland waterway shipping, inland waterway transport, transport regulations

L 102/64

EN

Official Journal of the European Communities

17. 4. 1999

COMMISSION REGULATION (EC) No 805/1999

of 16 April 1999

laying down certain measures for implementing Council Regulation (EC) No
718/1999 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 718/1999
of 29 March 1999 on a Community fleet capacity policy
to promote inland waterway transport (1), and in particular
Article 9(3) thereof,

Whereas, pursuant to Article 7 of Regulation (EC) No
718/1999, the Commission must lay down the practical
arrangements for implementing the Community fleet
capacity policy defined in the abovementioned Regula-
tion;

Whereas it is advisable to maintain the special contribu-
tion rates and equivalent tonnages laid down in Commis-
sion Regulations (EEC) No 1102/89 (2) as last amended by
Regulation (EC) No 241/97 (3), and (EC) No 241/97 since
they have proved effective;

it

the various

is advisable to adjust

Whereas
ratios
mentioned in Article 4 of Regulation (EC) No 718/1999
in accordance with Commission Regulations (EC) No
2812/94 (4) in the case of tanker vessels, (EC) No 2310/
96 (5) in the case of pusher craft and (EC) No 742/98 (6) in
the case of dry cargo vessels;

in order to ensure mutual financial support
Whereas,
between the inland waterways’ funds, it is advisable for
the Commission, with the help of
the various fund
authorities, at the beginning of each year, 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 organ-
isations
at
Community level have been consulted on the measures
provided for in this Regulation,

inland waterway

representing

carriers

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation fixes the rate of the special contributions
referred to in Article 7 of Regulation (EC) No 718/1999,
the ratios for the ‘old-for-new' rule, and the practical

(1) OJ L 90, 2.4.1999, p. 1.
(2) OJ L 116, 28.4.1989, p. 30.
(3) OJ L 40, 11.2.1997, p. 11.
(4) OJ L 298, 19.11.1994, p. 22.
(5) OJ L 313, 3.12.1996, p. 8.
(6) OJ L 103, 3.4.1998, p. 3.

arrangements for implementing the Community fleet
capacity policy.

SPECIAL CONTRIBUTIONS

Article 2

1.
The special contributions for the various types and
categories of vessels shall be between 70 % and 115 % of
the following rates:

(cid:190) Dry cargo vessels:

(cid:190) self-propelled barges: EUR 120 per tonne,

(cid:190) pushed barges: EUR 60 per tonne,

(cid:190) lighters: EUR 43 per tonne.

(cid:190) Tanker vessels:

(cid:190) self-propelled barges: EUR 216 per tonne,

(cid:190) pushed barges: EUR 108 per tonne,

(cid:190) lighters: EUR 39 per tonne.

(cid:190) Pusher craft:

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

2. (cid:190) 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:190) 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 %
for every tonne by which the deadweight capacity
of the vessel in question is less than 650 tonnes.

(cid:190) For vessels with a deadweight capacity of between
650 and 1 650 tonnes, the maximum rates for the
special contributions shall show a linear increase
from 100 % to 115 %. For vessels with a dead-
weight capacity of more than 1 650 tonnes, the
maximum rates for the special contributions shall
remain at 115 %.

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Official Journal of the European Communities

L 102/65

The Special contributions, expressed in euros, shall
3.
be converted into the currencies of the relevant funds at
the conversion rates between the euro and the currencies
of the Member States adopting the euro laid down by
Council Regulation (EC) No 2866/98 (1).

2. In the case of tanker vessels, the ratio shall be 1,30:1.

3. In the case of pusher craft, the ratio shall be 0,75:1.

MUTUAL FINANCIAL SUPPORT

EQUIVALENT TONNAGE

Article 5

Article 3

1. Where a vessel owner brings into service one of the
vessels referred to in Article 4 of Regulation (EC) No
718/99 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
the following adjustment coefficients:

(cid:190) Dry cargo vessels:

(cid:190) self-propelled barges over 650 tonnes: 1,00,

(cid:190) push barges over 650 tonnes: 0,50

(cid:190) lighters over 650 tonnes: 0,36.

(cid:190) Tanker vessels:

(cid:190) self-propelled barges over 650 tonnes: 1,00,

(cid:190) push barges over 650 tonnes: 0,50,

(cid:190) lighters over 650 tonnes: 0,18.

For vessels with a deadweight capacity of less than
2.
450 tonnes, the coefficients set out in paragraph 1 shall
be reduced by 30 %. For vessels with a deadweight
capacity of between 650 and 450 tonnes, these coeffi-
cients shall be reduced by 0,15 % for every tonne by
which the deadweight capacity of the vessel in question is
less than 650 tonnes. For vessels with a deadweight
capacity of between 650 and 1 650 tonnes, the coefficients
shall show a linear increase from 100 to 115 %.

‘OLD FOR NEW' RATIOS

Article 4

From 29 April 1999, the bringing into service of vessels
shall be subject to the condition laid down in Article 4(1)
of Regulation (EC) No 718/1999.

1. In the case of dry cargo carriers, the ratio (between old

tonnage ad new tonnage) shall be 1:1.

(1) OJ L 359, 31.12.1998, p. 1.

financial

1. With a view to entering in the accounts
the
resources available in the reserve fund or to operating the
mutual
support arrangements between the
accounts of the various funds as required pursuant to
Article 3(6) of Regulation (EC) No 718/1999, each fund
shall communicate the following information to the
Commission at the beginning of each year:

(cid:190) the fund’s receipts in the previous year, in so far as
these receipts are intended for the payment of scrap-
ping premiums or measures provided for in Article 8
of Regulation (EC) No 718/1999 (Rdn

),

(cid:190) the financial commitments incurred by the fund
during the previous year
in respect of scrapping
premiums or measures provided for in Article 8 of
Regulation (EC) No 718/1999 (P
n

),

(cid:190) the fund’s surplus as at 1 January of the previous year
deriving from receipts intended for the payment of
scrapping premiums or measures provided for
in
).
Article 8 of Regulation (EC) No 718/1999 (Sn

The Commission, with the assistance of the fund
2.
authorities, shall determine, on the basis of the informa-
tion referred to in paragraph 1:

(cid:190) the total financial commitments incurred by the funds
in respect of scrapping
during the previous year
premiums or measures provided for in Article 8 of
Regulation (EC) No 718/1999 (Pt),

(cid:190) the total receipts of all the funds during the previous

year (R

),

dt

(cid:190) the total surplus of all the funds on 1 January of the

previous year (S
t

),

(cid:190) the adjusted annual financial commitment of each

fund (P

nn

), calculated as follows:

P

nn

=

(R
dt

P
t
)
+ S
t

· (R

dn

)
+ S
n

(cid:190) for each fund, the difference between annual financial
) and annual adjusted financial

commitments
(Pn
commitments (Pnn),

(cid:190) the sums which each fund whose annual commit-
ments are less than the annual adjusted financial
commitments (Pn : Pnn) transfers to a fund with
annual
than the
annual adjusted commitments (Pn

commitments greater
; P

financial

).

nn

3.
Each of the funds involved shall transfer the sums
referred to in the sixth indent of paragraph 2 to the other
funds by 1 March of the current year.

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Official Journal of the European Communities

17. 4. 1999

CONSULTING

Article 6

On all matters concerning the Community fleet capacity policy and amendments to this
Regulation the Commission shall request the opinion of a group made up of experts from
the professional organisations representing inland waterway carriers at Community level
and in the Member States concerned. This group shall be known as the ‘Group of Experts
on Community Fleets Capacity and Promotion Policy'.

FINAL PROVISIONS

Article 7

This Regulation shall enter into force on 29 April 1999.

Regulation (EEC) No 1102/89 is hereby repealed on the date of entry into force of this
Regulation.

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

Done at Brussels, 16 April 1999.

For the Commission

Neil KINNOCK

Member of the Commission