CELEX: 51979PC0356
Language: en
Date: 1979-07-05
Title: Proposal for a COUNCIL DECISION amending the Decision of 19 December 1978 on the adoption by certain Member States of the European Economic Community of an additional Protocol to the revised Convention for the Navigation of the Rhine of 17 October 1868 in its version of 20 November 1963 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 356
Vol. 1979/0131
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                *   * i
                                                 - " COM(79 ) 356 final
                                    JL ■ .' ■
                                   AN         fy,     Brussels, !5 July 1979
                                                      Brussels,,
                                  pi
                            Proposal for a
                           COUNCIL DECISION
            amending the Decision of 19 December 1978 on the
            adoption by certain Member States of the European
            Economic Community of an additional Protocol to
            the revised Convention for the Navigation of the
            Rhine of 17 October 1868 in its version of
                            20 November 1963
            ( submitted to the Council by the Commission )
  C0M<79 ) 356 final
 ---pagebreak---                          Ejcplanatory Note
  1.           In order to avoid the disturbances to the Rhine transport
  market which are likely to follow the opening in the near future of the
             canal
  Main-Danube/, the Central Commission for the Navigation of the Rhine
. ( CCR) has prepared a draft of an Additional Protocol to the revised
  Convention for the Navigation of the Rhine ( Act of Mannheim ). The
  Commission presented to the Council a proposal linking the adoption
  of this protocol to the accession of the Community to the said
  Convention ( 1 ). On 19 December 1978, the Council approved a decision
  providing for common action by the Member States to seek approval ,
  within the CCR , of an amended text of the Additional Protocol witn
  a Protocol of Signature . It also instructed COREPER to continue its
  work on the question of accession .
  2.           The proposed texts encountered objections from the
  representatives of Switzerland at the CCR and it appeared necessary
  to re-examine them . In multilateral meetings , both outside and within
  the CCR, in which the Commission 's departments participated , a
  solution has been found which recognizes both the preoccupations of
  the Community and those of Switzerland , in the form of a new draft
  Protocol of Signature which defines and completes the Additional
  Protocol approved by the Council on 19 December 1978 .
  3.           The present draft decision is intended to solidify this
  solution by modifying the aforementioned Council decision of 19
  December 1978 , in particular by replacing the text of the Protocol
  of Signature by a new text without touching the text of the Additional
  Protocol to the revised Convention for the Navigation of the Rhine
  approved on that date .
  ( 1 ) Doc . COM(77)518 final of 21.10.1977
 ---pagebreak---                         PROPOSAL FOR A
       COUNCIL DECISION AMENDING THE DECISION OF 19 DECEMBER 1978
ON THE ADOPTION BY CERTAIN MEMBER STATES OF THE EUROPEAN ECONOMIC
COMMUNITY OF AN ADDITIONAL PROTOCOL TO THE REVISED CONVENTION FOR
THE NAVIGATION OF THE RHINE OF 17 OCTOBER 1868 IN ITS VERSION OF
20 NOVEMBER 1963
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community ,
Having regard to the proposal from the Commission ,
whereas , following the Council Decision of 19 December 1978 , the texts
of the draft Additional Protocol to the revised Convention for the
Navigation of the Rhine and of a draft Protocol of Signature , approved
by the Council , did not receive the essential agreement of Switzerland
whereas it is appropriate in these circumstances to amend    the text of
the Protocol of Signature and accordingly to amend the . aforementioned
Decision ;
whereas the procedure provided for in Article 2 of the said
Decision is applicable in particular to any decisions taken
by virtue of the second sentence of paragraph 3 of the new draft
Protocol of Signature ,
HAS DECIDED AS FOLLOWS :
                                Sole Article
 The Counci I . Deci sion of 19 December 1978 dn
the adoption by certain Member States of the European Economic
Co nunity of an Additional Protocol to the revised Convention
for. the Navigation, of the Rhine of 17 October 1868 in its version
 ---pagebreak--- of 20 November 1963 is amenued as follows :               -
1 . Annex II is replaced by the text annexed to this Decision .
2 . The following is added to Article 2 :
             " This procedure shall apply in particular to the decisions
referred to in the second sentence of paragraph 3 of the Protocol of
Signature ."
                                          Done at
                                                 For the Council
                                                  The President
 ---pagebreak---                                                       ANNEX I'   I
                 DRAPT PROTOCOL OP SIGNATURE
The Plenipotentiaries
of ••••• ( list of the Contracting Parties ), meeting in Strasbourg
for the purpose of signing the Additional Protocol to the Revised
Convention for the Navigation of the Rhine , agreed at the time of
signing this Protocol to the following provisions which shall
form an integral part of the said Additional Protocol :
1.      The document referred to in Article 2(3 ) of the
   revised Convention for the Navigation of the Rhine , as
   amended by the Additional Protocol , shall be issued by the
   competent authority of the State concerned only for vessels
   which have a genuine link with that State in a manner to be
   determined on the basis of equal treatment between
   Contracting States ; these States will take the measures
   necessary to ensure its uniform adoption# If the conditions
   for the issue of this document cease to be fulfilled , it
   shall lapse and must accordingly be withdrawn by the
   issuing authority.
2.      In the interests of developing the common transport
   policy and the Rhine regime , the Contracting States are prepared
   to take the measures necessary to permit the negotiation of
   such amendments to the Revised Convention for the Navigation
   of the Rhine as may prove to be required with a view to possible
   accession by the EEC to the international Rhine regime *
3.      With a view to this possible accession, the treatment
   accorded to vessels which belong to the Rhine Navigation shall
   be accorded, as from the entry into force of the present
   Protocol, to vessels which have the right to fly the flag of a
   Member State of the EEC. The same treatment may be accorded
   by means of a decision taken in accordance with the
   procedure laid down in the 2nd sentence of Article 11(1 ) of
   the Additional Protocol , to vessels which fly the flag of
   another State ..
 ---pagebreak---                                                            ANNEX  II
Draft Statements "by the Council and the Commission , to "be entered m
the minutes of the Council meeting at which the Decision is adopted
1•       The Council and the Commission , with reference to paragraph 1
   of the Protocol of Signature , state that the conditions for the
   issue of the document referred to in paragraph 1 of that Protocol
   will , as regards the Community , "be determined by the Council in
   accordance with the procedure laid down in Article 75 of the Treaty .
2.       The Council instructs the Permanent Representatives Committee
   to press on with implementation of the brief handed down "by the
   Council on 23 November 1978 .