Commission Regulation (EC) No 181/2008 of 28 February 2008 laying down certain measures for implementing Council Regulation (EC) No 718/1999 on a Community fleet capacity policy to promote inland waterway transport (Codified version) (Text with EEA relevance)
Date: 2008-02-28
Institutions: European Commission
Subjects: inland waterway fleet, inland waterway shipping, inland waterway transport, transport regulations

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 181/2008

of 28 February 2008

laying down certain measures for implementing Council Regulation (EC) No 718/1999 on a
Community fleet capacity policy to promote inland waterway transport

(Text with EEA relevance)

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

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,

Having regard to Council Regulation (EC) No 718/1999 of
29 March 1999 on a Community fleet capacity policy to
promote
and in particular
Article 9(3) thereof,

inland waterway transport (1),

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

Regulation

Commission Regulation (EC) No 805/1999 of 16 April
1999 laying down certain measures for implementing
Council
a
(EC) No
Community fleet capacity policy to promote inland
waterway transport (2) has been substantially amended
several times (3). In the interests of clarity and rationality
the said Regulation should be codified.

718/1999

on

Pursuant to Article 7 of Regulation (EC) No 718/1999,
the Commission must
practical
down
arrangements for
implementing the Community fleet
capacity policy defined in the abovementioned Regu-
lation.

the

lay

the special contributions
This Regulation fixes the rate of
referred to in Article 7 of Regulation (EC) No 718/1999, the
ratios for the ‘old-for-new’ rule, and the practical arrangements
for implementing the Community fleet capacity policy.

Article 2

Special contributions

The special contributions for the various types and cate-
the

1.
gories of vessels shall be between 70 % and 115 % of
following rates:

(a) Dry cargo vessels:

(i) self-propelled barges: EUR 120 per tonne;

It is advisable to maintain the special contribution rates
and equivalent tonnages laid down in Council Regulation
(EEC) No 1101/89 (4) and Commission Regulation (EEC)
No 1102/89 (5) since they have proved effective.

(ii) pushed barges: EUR 60 per tonne;

(iii) lighters: EUR 43 per tonne.

it

funds,

In order to ensure mutual financial support between the
inland waterways'
the
Commission, with the help of the various fund autho-
rities, at the beginning of each year,
to enter in the
accounts the resources available in the reserve fund and
event of new
to balance
improvement measures.

advisable

accounts

in the

the

for

is

(1) OJ L 90, 2.4.1999, p. 1.
(2) OJ L 102, 17.4.1999, p. 64. Regulation as last amended by Regu-

lation (EC) No 411/2003 (OJ L 62, 6.3.2003, p. 18).

(3) See Annex I.
(4) 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).
(5) OJ L 116, 28.4.1989, p. 30. Regulation as last amended by Regu-

lation (EC) No 812/1999 (OJ L 103, 20.4.1999, p. 5).

(b) Tanker vessels:

(i) self-propelled barges: EUR 216 per tonne;

(ii) pushed barges: EUR 108 per tonne;

(iii) lighters: EUR 39 per tonne.

(c) 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.

Whereas:

(1)

(2)

(3)

(4)

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For vessels with a deadweight capacity of less than 450
2.
tonnes, the maximum rates for the special contributions set out
in paragraph 1 shall be reduced by 30 %.

Article 4

‘Old for new’ ratios

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.

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 deadweight capacity of more than 1 650 tonnes, the
maximum rates for the special contributions shall remain at
115 %.

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 and new tonnage) shall be 0:1;

2.

in the case of tanker vessels, the ratio shall be 0:1;

3.

in the case of pusher craft, the ratio shall be 0:1.

Article 3

Equivalent tonnage

the
1. Where a vessel owner brings into service one of
vessels
referred to in Article 4 of Regulation (EC) No
718/1999 and presents for scrapping a vessel or vessels of
another type, the equivalent tonnage to be taken into consi-
deration shall be determined, within each of the two categories
in accordance with the following
of vessels indicated below,
adjustment coefficients:

Article 5

Mutual financial support

1. 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 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:

(a) Dry cargo vessels:

(i) self-propelled barges over 650 tonnes: 1,00;

(a) the fund's receipts in the previous year, in so far as these
receipts
scrapping
premiums or measures provided for in Article 8 of Regu-
lation (EC) No 718/1999 (Rdn);

the payment of

intended for

are

(ii) push barges over 650 tonnes: 0,50;

(iii) lighters over 650 tonnes: 0,36.

(b) 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
(Pn);

(b) Tanker vessels:

(i) self-propelled barges over 650 tonnes: 1,00;

(ii) push barges over 650 tonnes: 0,50;

(iii) lighters over 650 tonnes: 0,18.

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

intended for

2.
The Commission, with the assistance of the fund autho-
rities, shall determine, on the basis of the information referred
to in paragraph 1:

2.
For vessels with a deadweight capacity of less than 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 coefficients 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 dead-
weight capacity of between 650 and 1 650 tonnes, the coeffi-
cients shall show a linear increase from 100 to 115 %.

(a) the total

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

(b) the total receipts of all the funds during the previous year

(Rdt);

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(c) the total surplus of all

the funds on 1 January of

the

previous year (St);

Article 6

Consulting

(d) the adjusted annual

financial commitment of each fund

(Pnn), calculated as follows:

Pnn = (Pt/(Rdt + St)) × (Rdn + Sn);

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’.

the difference between annual
(e) for each fund,
annual
(Pn)
commitments
commitments (Pnn);

adjusted

and

financial
financial

Article 7

Repeal

Regulation (EC) No 805/1999 is repealed.

(f)

the sums which each fund whose annual commitments are
less than the annual adjusted financial commitments (Pn <
Pnn) transfers to a fund with annual financial commitments
greater than the annual adjusted commitments (Pn > Pnn).

3.
Each of the funds involved shall transfer the sums referred
to in point (f) of paragraph 2 to the other funds by 1 March of
the current year.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex II.

Article 8

Entry into force

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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

Done at Brussels, 28 February 2008.

For the Commission
The President

José Manuel BARROSO

ANNEX I

Repealed Regulation with list of its successive amendments

Commission Regulation (EC) No 805/1999

(OJ L 102, 17.4.1999, p. 64)

Commission Regulation (EC) No 1532/2000

(OJ L 175, 14.7.2000, p. 74)

Commission Regulation (EC) No 997/2001

(OJ L 139, 23.5.2001, p. 11)

Commission Regulation (EC) No 336/2002

(OJ L 53, 23.2.2002, p. 11)

Commission Regulation (EC) No 411/2003

(OJ L 62, 6.3.2003, p. 18)

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ANNEX II

Correlation table

Regulation (EC) No 805/1999

This Regulation

Article 1

Article 1

Article 2(1) introductory sentence

Article 2(1) introductory sentence

Article 2(1) first indent

Article 2(1) first indent, first sub-indent

Article 2(1)(a)

Article 2(1)(a)(i)

Article 2(1) first indent, second sub-indent

Article 2(1)(a)(ii)

Article 2(1) first indent, third sub-indent

Article 2(1)(a)(iii)

Article 2(1) second indent

Article 2(1)(b)

Article 2(1) second indent, first sub-indent

Article 2(1)(b)(i)

Article 2(1) second indent, second sub-indent

Article 2(1)(b)(ii)

Article 2(1) second indent, third sub-indent

Article 2(1)(b)(iii)

Article 2(1) third indent

Article 2(2) first indent

Article 2(2) second indent

Article 2(2) third indent

Article 2(3)

Article 2(1)(c)

Article 2(2) first subparagraph

Article 2(2) second subparagraph

Article 2(2) third subparagraph

—

Article 3(1) introductory sentence

Article 3(1) introductory sentence

Article 3(1) first indent

Article 3(1) first indent, first sub-indent

Article 3(1)(a)

Article 3(1)(a)(i)

Article 3(1) first indent, second sub-indent

Article 3(1)(a)(ii)

Article 3(1) first indent, third sub-indent

Article 3(1)(a)(iii)

Article 3(1) second indent

Article 3(1)(b)

Article 3(1) second indent, first sub-indent

Article 3(1)(b)(i)

Article 3(1) second indent, second sub-indent

Article 3(1)(b)(ii)

Article 3(1) second indent, third sub-indent

Article 3(1)(b)(iii)

Article 3(2)

Article 4

Article 3(2)

Article 4

Article 5(1) introductory sentence

Article 5(1) introductory sentence

Article 5(1) first indent

Article 5(1) second indent

Article 5(1) third indent

Article 5(2) first indent

Article 5(2) second indent

Article 5(2) third indent

Article 5(2) fourth indent

Article 5(1)(a)

Article 5(1)(b)

Article 5(1)(c)

Article 5(2)(a)

Article 5(2)(b)

Article 5(2)(c)

Article 5(2)(d)

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Regulation (EC) No 805/1999

This Regulation

Article 5(2) fifth indent

Article 5(2) sixth indent

Article 5(3)

Article 6

Article 7
—

—

—

—

Article 5(2)(e)

Article 5(2)(f)

Article 5(3)

Article 6
—

Article 7

Article 8

Annex I

Annex II