CELEX: 51988PC0853
Language: en
Date: 1989-01-06
Title: Amendments to the Proposal for a COUNCIL REGULATION (EEC) on structural improvements in inland waterway transport (presented by the Commission under Article 149, paragraph 3 of the EEC Treaty)

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COM (88) 853
Vol. 1988/0275
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM ( 88 ) 853  final
                                            Brussels , 6 January 1989
               Amendments to the Proposai for a
                    COUNCIL REGULATION ( EEC )
             on structural improvements in inland
                       waterway transport
       ( presented by the Commission under Article 149 ,
                paragraph 3 of the EEC Treaty )
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                         EXPLANATORY MEMORANDUM
 1 . On 3 May 1988 , the Commission submitted to the Council a
      proposal for a regulation on structural improvements in inland
     waterway transport ( 1 ) . The proposal aimed to reduce
     structural overcapacity which has existed for some time in the
     carrriage of goods by inland waterway , principally in the
     Member States whose waterways are interlinked .
2 . At its session on 16 November 1988 , the European Parliament
     approved the Commission 's proposal subject to certain
     amendments .
3 . Most of these amendments are justified and have been accepted
     by the Commission , in particular for the following reasons :
     - It seems appropriate to clarify the term " active fleet ",
        since only boats belonging to this fleet fall within the
        scope of the regulation .  Similarly , for the notion " vessels
        under construction ", the criteria suggested will enable a
        check to be made to see if a boat really is being
        constructed .
     - It is desirable to abandon the partial reinbursement of the
        annual payment for boats immobilised for more than three
        consecutive months since such reinbursement could be
        difficult to check and administratively complicated .
( 1 ) OJ No C 297 of 22.11.1988
 ---pagebreak---                                      2
     - The fixing at the beginning of a scrapping measure of a
        final date for achieving the objectives sought has practical
       advantages .
    - In view of the volume of the existing overcapacity and the
       urgent need for measures to remedy this , the prefinancing of
       the scrapping action by the Member States concerned will
       have to be obligatory in order to ensure that the measure
       proposed can take effect straight away and at the same time
       in Member States .
    - The provisions laid down in the proposal for a regulation
       that would halt investment in extra waterway vessels ( the
       so-called " old for new ") must apply also to the lengthening
       of any vessel and to any increase in the motor power of a
       pusher craft since this leads to an increase in existing
       capacity .
    - It is desirable to specify also that national scrapping
       measures in progress when the decision is taken to carry out
       a coordinated Community scrapping action need not be stopped
       but must be adapted as necessary to meet the principles and
       methods laid down in the regulation .
4 . The Commission cannot accept Parliament 's other amendments .
    Most of them relate to translation points or to bringing dates
    up to date .    These will anyway be corrected when the final
    version of the text is established .
 ---pagebreak---                    Amendments to the proposal for a Council
                    regulation on structural improvements
                       in inland waterway transport ( 1 )
              ( Presented by the Commission under Article 149 ,
                       paragraph 3 of the EEC Treaty ) .
The proposal of the Commission of 3 May 1988 as set in document
C0M(88)111 final is amended as follows :
Initial text                              Amendments
1 . The eleventh recital shall be amended as follows         :
      " Whereas as part of the            " Whereas as part of the
     proposed system , social             proposed system , social
     measures     should be taken to      measures  should be taken to
     help workers who wish to             help workers and inland
     leave the inland waterway            waterway carriers who wish to
     industry or to retrain for           leave the inland waterway
     jobs in another sector ;"            industry or to retrain for
                                          jobs in another sector ;"
2 . The first indent in Article 1(2 ) shall be       replaced by the
     following ;
     " 2 . The System shall               ”2 . The System shall
           comprise :                          comprise :
         - measures to reduce                - measures   to reduce
           structural overcapacity             structural overcapacity
           by means of scrapping               by means of coordinated
           schemes ; "                         Community scrapping
                                               scheaest *
( 1 ) OJ No C 297 of 22.11.1968
 ---pagebreak---                                      2
 3 . Article 5(1 ) shall be replaced by the following :
     " 1 . Any owner scrapping a       " 1 . Any owner scrapping a
           vessel for which a                vessel for which a
           contribution has been paid        contribution has been paid
           shall receive a scrapping         shall receive a scrapping
           premium from the Fund to          premium from the Fund to
           which his vessel belongs          which his vessel belongs
           insofar as the financial          insofar as the financial
           means are available .             means are available ,
           Subject to the conditions         subject to the conditions
           set out in Article 6 .            set out    in Article 6 .
           This scrapping premium            This scrapping premium
           shall be granted only in          shall be granted only in
           respect of vessels which          respect of vessels which
           the owner proves form part        the owner proves formed
           of his active fleet ."            part of his active fleet
                                             in the year prior to the
                                             application for a
                                             scrapping premium ."
4.   The last indent in Article 6(3 ) shall be deleted .
5.   The first indent in Article 6(6 )   shall be amended as follows :
     " 6 . The Commission shall take   "6 . After consulting the
           the decisions referred to         Member States apd the
           in paragraphs 1 to 5 after        organizations representing
           consulting the Member             inland waterway carriers
           States and the                    at Community level , the
           organizations representing        Commission shall set a
           inland waterway carriers          target data for achieving
           at Community level ."             a substantial reduction in
                                             overcapacity and shall
                                             take the decisions
                                             referred to in paragraphs
                                             1 to 5 . "
                                                                        S
 ---pagebreak---                                    3
6 . Article 7 shall be replaced by the following :
                             " Artide 7
    Without prejudice to the          Without prejudice to the
    provisions of the Treaty on       provisions of the Treaty on
    aids and to the rules adopted     aids and to the rules adopted
    in implementation thereof ,       in implementation thereof ,
    the Member States concerned       the Member States concerned
    may make advance payments , in    shall make advance payements ,
    the form of loans , to the        in the form of loans , to the
    Fund set up in their              Fund set up in their
    territory .  The sums granted     territory , so that a
    in this way shall be repaid       coordinated scrapping scheme
    free of interest by the Fund ,    can start operating
    according to a predetermined      immediately .   The sums
    schedule . "                      granted in this way shall be
                                      repaid , free of interest by
                                      the Fund , according to a
                                      predetermined schedule ."
7 . Article 8(1 ), last paragraph is hereby amended as follows :
    " These conditions shall not      " These conditions   shall not
    apply to vessels which the        apply to vessels for which
    owner proves were under           the owner proves that :
    construction on the  date on      a ) construction was underway
    which the scrapping scheme            on the date on which the
    was instituted ."                     scrapping scheme
                                          commenced ;
                                      b ) work is in progress on at
                                          least 20 % of the steel
                                          weight or 50 tonnes ;
                                      c ) delivery and commissioning
                                          is to take place within
                                          six months of the date
                                          referred to  in
                                          subparagraph ( a ) above ; "
 ---pagebreak---                                    4
8 . In article 8 , the following new paragraph 2 shall be added
    after paragraph 1 :
                                       "2 . The restrictions set out
                                            above shall also apply to
                                            any increase in inland
                                            waterway capacity brought
                                            about by lengthening cargo
                                            vessels or replacing the
                                            engines of pusher craft .
9 . In article 8 , paragraph 2 shall become paragraph 3 .
10 . In article 11(3 ), " article 8(2 )" shall be replaced by
     " article 8(3 )".
11 . In article 11 , the following paragraphs shall be added :
                                       "4 . Existing national
                                            scrapping schemes shall be
                                            brought into line with
                                            Community scrapping
                                            arrangements .
                                            Two years after this
                                            Regulation enters into
                                            force , the Commission
                                            shall draw up a report
                                            evaluating the effect of
                                            these measures and report
                                            to the European
                                                         ··
                                            Parliament «
 ---pagebreak---     Statement of the impact of the proposal for a Council Regulation
          on structural improvements in inland waterway transport
                        on small firms and employment
1 . ADMINISTRATIVE OBLIGATIONS IMPOSED ON SMALL FIRMS AS A RESULT OF
    APPLICATION OF THE PROPOSAL FOR A REGULATION
    The main new administrative obligation imposed on firms in this
    sector in Member States where scrapping funds are to be introduced
    will be to pay an annual contribution and to keep a certificate of
    payment on board their vessels .
2 . ADVANTAGES FOR SMALL FIRMS
    The measures are proposed to reduce structural overcapacity on the
    market and , hence , bring about improvements which will boost the
    profitability of all inland waterway undertakings in the Member
    States .
3 . DISADVANTAGES FOR SMALL FIRMS
    Yes . Undertakings will have to pay an annual contribution to the
    scrapping fund . However , this expense will be amply offset by the
    benefits derived from greater profitability in a healthier market .
4.  IMPACT ON EMPLOYMENT
    Inland waterway undertakings will be free to choose whether or not
    to scrap vessels . And the Commission has proposed social measures
    to help workers whose jobs are lost under a vessel-scrapping
    scheme .
5 . HAVE BOTH SIDES OF INDUSTRY BEEN CONSULTED BEFOREHAND?
    Yes . The European organizations representing inland waterway
    carriers have approved the broad lines of the proposed system for
    structural improvements in the inland waterway transport sector .
    The trade unions have raised no objections to the system .
6 . IS THERE ANY ALTERNATIVE , LESS BINDING APPROACH?
    No . The approach proposed is advocated by the Member States and
    inland waterway carriers alike .