CELEX: 51996PC0182(03)
Language: en
Date: 1996-04-22
Title: Amended proposal for a Council Regulation (EC) amending Council Regulation (EEC) No 1107/70 on the granting of aids for transport by rail, road and inland waterway

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      Brussels, 22.04.19%
                                                      COM(96) 182 final
                                                      95/0121 (SYN)
                                                      95/0122 (SYN)
                                                      95/0123 (SYN)
                                                                            95/0121 (SYN)
                                Amended proposal for a
                                    Council Directive
 on the systems of chartering and pricing in national and international inland waterway
                              transport in the Community
                                                                            95/0122 (SYN)
                                Amended proposal for a
                               Council Regulation (EC)
 amending Council Regulation (EEQ No 1101/89 on structural improvements in inland
                                    waterway transport
                                                                            95/0123 (SYN)
                                Amended proposal for a
                                Council Regulation (EC)
amending Council Regulation (EEC) No 1107/70 on the granting of aids for transport by
                             rail, road and inland waterway
              (presented by the Commission pursuant to Article 189 a (2)
                                     of the riC-Treaty)
 ---pagebreak---  ---pagebreak---      Amended proposals relating to the common policy on the organization of
           the inland waterway transport market and supporting measures
                           EXPLANATORY MEMORANDUM
At its plenary part-session of 13 February 1996 the European Parliament approved,
subject to several amendments, the following proposals'" presented by the Commission
in the framework of a Communication on a common policy on the organization of the
inland waterway transport market and supporting measures:
I.      Council Directive on the systems of chartering and pricing in national and
        international inland waterway transport in the Community;
II.     Council Regulation (EC) amending Regulation (EEC) No 1101/89 on structural
        improvements in inland waterway transport;
III.    Council Regulation (EC) amending Regulation (EEC) No 1107/70 on the granting
        of aids for transport by rail, road and inland waterway.
        With regard to proposal I the Commission has accepted the amendments
        concerning recital 4a (new) and the first subparagraph of Article 10(1), since they
        reinforce and update the original text.
        With regard to proposal II the Commission has accepted the amendments
        concerning recital 2, recital 4, Article 1 and Article 2, which provide for the
        possibility of a scrapping operation after 1995 for an additional period of four
        years until 1999 inclusive, and which create a legal basis for a contribution from
        the Community budget to the restructuring operation for a further year compared
        with the Commission proposal. The Commission recognizes that the large-scale
        scrapping scheme could run until 1999, the eve of full liberalization of the
        market, while maintaining its objective to reduce overcapacity by scrapping 15%
        of the total loading tonnage. In this context, the contribution from the
         Community budget to co-finance the scheme could be extended by one year until
         1999. In addition, in order to avoid any budgetary problems at the end of 1996,
         it would indeed be preferable if the Regulation entered into force on the actual
         day of its publication.
 (i)     OJ C 318, 29.11.1995, p. 8.
 ---pagebreak---         With regard to proposal III the Commission has accepted the amendments
        concerning the third and fifth paragraph of Article 1, as they are in line with the
        philosophy of these aids and extend by six months the period for the Commission
        proposal to be presented to the Council on expiry of the arrangements.
The Commission therefore amends its proposals as follows:
 I.
                                   Amended proposal fora                  95/0121 (SYN)
                                      Council Directive
   on the systems of chartering and pricing in national and international inland waterway
                                 transport in the Community
            Original proposal                                Amended proposal
                                     Recital 4a (new)
                                                  Whereas the Member States adopt
                                                  accompanying social measures to assist
                                                  carriers who close down their
                                                  businesses;
                                       Article 10(1)
 1. Member States shall bring into force          1. Member States shall bring into force
the laws, regulations and administrative          the laws, regulations and administrative
provisions necessary to comply with this          provisions necessary to comply with this
Directive before 1 January 1996. They             Directive before 1 January 1997. They
shall forthwith inform the Commission             shall forthwith inform the Commission
thereof.                                          thereof.
When Member States adopt these                    When Member States adopt these
provisions, these shall contain a                 provisions, these shall contain a
 reference to this Directive or shall be          reference to this Directive or shall be
 accompanied by such reference at the             accompanied by such reference at the
 time of their publication. The procedure         time of their publication. The procedure
 for such references shall be adopted by          for such references shall be adopted by
 the Member States.                               the Member States.
 ---pagebreak---                                  Amended proposal for a
II
                                 Council Regulation (EC)
   amending Council Regulation (EEC) No 1101/89 on structural improvements in inland
                                    waterway transport
                                       Recital 2
Whereas Council Regulation (EEC)               Whereas Council Regulation (EEC)
No 1101/89 provides for the possibility        No 1101/89 provides for the possibility
of Community financing for 1995 to             of Community financing for 1995, and
1998; whereas the procedure for 1996,          whereas Community financing should
1997 and 1998 has still to be                  also be possible in the years immediately
determined;                                    following that year up to and including
                                               1999:
                                       Recital 4
Whereas public contributions must be           Whereas public contributions must be
granted annually, in line with the             granted annually, in line with the
contributions made by the trade;               contributions made by the trade;
whereas measures are scheduled for a           whereas measures are scheduled for a
period of three years from 1996 to 1998;       period of four years from 1996 to 1999;
whereas they must be assessed annually;        whereas they must be assessed annually;
                                       Article 1
                                               Article 4a(l) of Regulation (EEC)
                                               No 1101/89, as amended on 5 December
                                                1995, reads as follows:
                                                "For the years 1995. 1996. 1997, 1998
                                               and 1999 the funds referred to in
                                                Article 3 may be resourced by means of
                                                financial contributions from the
                                                Community."
The following paragraphs are added to           The following paragraphs are added to
Article 4(a) of Regulation (EEC)                Article 4(a) of Regulation (EEC)
No 1101/89:                                     No 1101/89:
 ---pagebreak--- "4. Financial contributions from the              ^3. The annual amount of financial
Community for 1996, 1997 and 1998                 contributions from the Community for
shall not be more than double the                 1996, 1997, 1998 and 1999 shall not be
contributions from the trade.                     more than double the contributions from
                                                  the trade.
5. The Member States in question shall            4. The Member States in question shall^
jointly make available from their funds           for the period mentioned in paragraph 3,
similar amounts to those from the                 make available from their funds amounts
Community for the years mentioned in              that are sufficient when used together
paragraph 4. The proportionate share of           with those from the Community to
each Member State concerned shall be              achieve the structural reorganization
calculated against the size of its active         envisaged. The proportionate share of
fleet as compared with the Member                 each Member State concerned shall be
States. These amounts shall be                    calculated against the size of its active
determined by the Commission in                   fleet as compared with the Member
conjunction with the authorities of the           States. These amounts shall be
various scrapping funds.                          determined by the Commission in
                                                  conjunction with the authorities of the
                                                  various scrapping funds.
 6. At the beginning of each year during          5. At the beginning of each year during
 the scrapping operations for 1996 to             the scrapping operations for the period
 1998, the Commission shall lay down,             referred to in paragraph 3 the
 as part of this Regulation, the                  Commission shall lay down, as part of
 procedures for scrapping for the year in         this Regulation, the procedures for
 progress as a function of available              scrapping for the year in progress as a
 finances, market developments and                 function of available finances, market
 liberalization measures taken."                  developments and liberalization
                                                  measures taken."
                                          Article 2
 This Regulation shall enter into force on         This Regulation shall enter into force on
 the twentieth day following that of its           the day of its publication in the Official
 publication in the Official Journal of the        Journal of the European Communities.
 European Communities.
  This Regulation shall be binding in its          This Regulation shall be binding in its
  entirety and directly applicable in all          entirety and directly applicable in all
  Member States.                                   Member States.
 ---pagebreak---                                                                                 95/0123 (SYN)
  III.                            Amended proposal for a
                                  Council Regulation (EO
amending Council Regulation (EEC) No 1107/70 on the granting of aids for transport by
                               rail, road and inland waterway
                                            Article 1
                            (No change to the first two paragraphs)
  The beneficiaries of this aid shall                The beneficiaries of this aid shall
  undertake to provide new or additional             undertake to provide new or additional
  transport    tonnage on I he inland                transport    tonnage on the inland
  waterway, to be determined with the                waterway, to be determined with the
  competent authorities of the Member                competent authorities of the Member
  States, for a period of five years. In the         States, for a period of five years. In the
  event of failure to honour this                    event of failure to honour this
  undertaking the aid shall be recovered             undertaking, all or part of the aid may
  by the competent authority.                        be recovered by the competent authority.
  No later than 31 July 1999 the Council             No later than 31 December 1999 the
  shall decide, on a proposal from the               Council shall decide, on a proposal from
  Commission and under the conditions set            the Commission         and under the
  out in the Treaty, on subsequent                   conditions set out in the Treaty, on
  arrangements or, where appropriate, on             subsequent arrangements or, where
  the conditions for terminating those               appropriate, on the conditions for
  arrangements.                                      terminating those arrangements.
 ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(96) 182 final
                                              DOCUMENTS
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                                     Catalogue number : CB-CO-96-190-EN-C
                                                              ISBN 92-78-03098-8
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