Commission Regulation (EEC) No 317/91 of 8 February 1991 amending Regulation (EEC) No 1102/89 laying down certain measures for implementing Council Regulation (EEC) No 1101/89 on structural improvements in inland waterway transport

COMMISSION REGULATION (EEC) No 317/91  of 8 February 1991  amending Regulation (EEC) No 1102/89 laying down certain measures for implementing Council Regulation (EEC) No 1101/89 on structural improvements in inland waterway transport
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1101/89 of 27 April 1989 on structural improvements in inland waterway transport (1), as amended by Regulation (EEC) No 3572/90 (2), and in particular Article 6 thereof,
Having regard to the views expressed by the Member States and the organizations representing inland waterway carriers at Community level in the consultations held by the Commission on 23 November 1990 in accordance with Article 6 of Regulation (EEC) No  1101/89,
Whereas with German unification Germany's inland waterway fleet capacity has increased by the number of vessels that were registered in the former German Democratic Republic at the date of unification; whereas this increase in capacity could jeopardize  the measures taken at Community level to bring about structural improvements in the Member States' inland waterway transport;
Whereas, in accordance with Article 6 of Regulation (EEC) No 1101/89, the German Government, in its communication of 9 November 1990, requested the Commission, with a view to reducing the capacity of the vessels of its fleet which formed part of that of  the former German Democratic Republic, to organize a scrapping scheme in addition to that carried out as of 1 January 1990 under the terms of Regulation (EEC) No 1101/89 and Commission Regulation (EEC) No 1102/89 (3), as amended by Regulation (EEC) No  3685/89 (4);
Whereas the scrapping operation must be based on the same principles as those set out in the said Regulations, although account should also be taken of the economic situation and the structure of the fleet of German vessels registered in the former  German Democratic Republic at the date of German unification;
Whereas a 20 % reduction in the fleet's overall capacity is considered necessary to attain the objective pursued by the additional scrapping scheme; whereas because of the special situation with regard to the ownership of the vessels of the fleet, the  premium-rate percentage system provided for in Article 6 of Regulation (EEC) No 1102/89 should be abandoned as far as fixing the rates of the scrapping premiums is concerned and the rates of those premiums should be determined for the different types  and categories of inland waterway craft on the basis of the average rate paid per tonne or kW scrapped under the scrapping scheme begun on 1 January 1990;
Whereas Regulation (EEC) No 1102/89 applies to German vessels registered in the former German Democratic Republic at the date of German unification; whereas it is therefore necessary to amend that Regulation,