Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community-fleet capacity policy to promote inland waterway transport
Modified by
Regulation (EU) No 546/2014 of the European Parliament and of the Councilof 15 May 2014amending Council Regulation (EC) No 718/1999 on a Community-fleet capacity policy to promote inland waterway transport, 32014R0546, May 29, 2014
COUNCIL REGULATION (EC) No 718/1999of 29 March 1999on a Community-fleet capacity policy to promote inland waterway transportTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof,Having regard to the proposal from the CommissionOJ C 320, 17.10.1998, p. 4 and OJ C 15, 20.1.1999, p. 15.,Having regard to the opinion of the Economic and Social CommitteeOpinion delivered on 2 December 1998 (OJ C 40, 15.2.1999, p. 47).,Acting in accordance with the procedure laid down in Article 189c of the TreatyOpinion of the European Parliament of 3 December 1998 (OJ C 398, 21.12.1998), Common Position of the Council of 21 December 1998 (OJ C 55, 25.2.1999) and Decision of the European Parliament of 25 February 1999 (not yet published in the Official Journal).,(1)Whereas Regulation (EEC) No 1101/89OJ L 116, 28.4.1989, p. 25. Regulation last amended by Commission Regulation (EC) No 742/98 of 2 April 1998 (OJ L 103, 3.4.1998, p. 3). introduced arrangements for structural improvements in the inland waterway sector for the fleets operating on the linked inland waterway networks of Belgium, Germany, France, Luxembourg, the Netherlands and Austria; whereas the objective of that Regulation was to reduce overcapacity in the inland waterway fleets by means of vessel-scrapping schemes coordinated at Community level; whereas that Regulation expires on 28 April 1999;(2)Whereas of the measures to support these structural improvement arrangements with the aim of avoiding aggravation of existing overcapacity or the emergence of further overcapacity, the "old-for-new" rule has proved indispensable to balanced operation of the inland waterway market; whereas this rule also remains an essential instrument for intervention in the event of a serious disturbance on the same market, as defined in Article 1 of Directive 96/75/ECCouncil Directive 96/75/EC of 19 November 1996 on the systems of chartering and pricing in national and international inland waterway transport in the Community (OJ L 304, 27.11.1996, p. 12).; whereas steps should be taken to prevent the benefits from the scrapping schemes conducted since 1990 being wiped out by new capacity coming into service as soon as the abovementioned rule ends; whereas it is therefore encessary to retain the "old-for-new" rule for a limited period of not more than four years while gradually reducing the ratios to zero to safeguard the transition and end the Community market intervention stage; whereas it is also important to maintain the "old-for-new" instrument for regulating the capacity of the Community fleets beyond these four years, but as a standby mechanism set at zero which could be reactivated only in the event of serious market disturbance of the kind referred to in Article 7 of Directive 96/75/EC;(3)Whereas the emergence of new overcapacity must be kept in check effectively in every branch of the inland waterway transport market; whereas it is therefore important that the measures to be adopted should be generally applicable and cover all cargo vessels and pusher craft; whereas there should be exemption from such measures for vessels which, because they operate solely on closed national or international markets, in no way contribute to the overcapacity on the network of linked inland waterways and provision should be made for the possibility of exempting vessels which, because their deadweight tonnage is less than 450 tonnes, also do not contribute to such overcapacity; whereas, by contrast, private fleets performing own-account operations cannot be excluded because of their impact on transport markets;(4)Whereas a common approach allowing Member States to take joint measures to attain the same objective is a sine qua non for regulating capacity; whereas to this end the scrapping funds introduced by Regulation (EEC) No 1101/89 in the Member States with inland waterways should be maintained, but under a new designation, and should administer this "old-for-new" rule; whereas the surplus funds from the industry's contributions to structural improvement schemes conducted up until 28 April 1999 should be placed in a reserve fund attached to the abovementioned funds;(5)Whereas, in view of the fundamental differences between the dry cargo, liquid cargo and pusher craft markets, it is advisable to keep separate accounts in each fund for dry cargo carriers, tanker vessels and pusher craft;(6)Whereas, in the context of an economic policy compatible with the Treaty, responsibility for capacity regulation lies primarily with operators in the sector; whereas the cost of the measures introduced should therefore be borne by the undertakings in the inland waterway sector; whereas this capacity regulation consists of laying down the conditions to apply for bringing into service certain new capacity without going so far as totally blocking access to the market; whereas it is possible to limit the duration and impact of these conditions and to adjust them flexibly to market trends but the ratios must gradually be reduced to zero within four years starting on 29 April 1999; whereas this regulatory mechanism designated the "old-for-new" rule should be maintained as a standby mechanism once the ratio reaches zero; whereas the special contributions paid under the "old-for-new" rule should be placed in the reserve fund and may be used for granting scrapping premiums, if intervention in the market proves necessary;(7)Whereas it is desirable to ensure that the measures provided for in this Regulation and implementation thereof do not distort, or threaten to distort, competition, in particular by favouring certain undertakings to an extent which is contrary to the common interest; whereas, in order to place the enterprises concerned in similar conditions of competition, the special contributions to be paid to the funds covering the building of new craft and the scrapping premiums, if such premiums prove necessary in the event of a serious disturbance of the market and in accordance with the procedure provided for in Article 8 of Directive 96/75/EC, should be set at uniform rates and on uniform terms;(8)Whereas, since the inland waterway fleets are Community fleets, decisions on operation of this capacity-regulation mechanism should be taken at Community level; whereas the power to adopt such decisions, to see to implementation thereof and to safeguard the conditions of competition laid down in this Regulation should be conferred on the Commission; whereas it is important that the Commission take such decisions after consulting the Member States and the organisations representing inland waterway transport at Community level;(9)Whereas, in connection with the modernisation and restructuring of the Community fleets to create a context favourable to the environment and safety, social measures should be envisaged to help workers who wish to leave the inland waterway industry or to retrain for jobs in another sector, together with measures to encourage the establishment of groupings of undertakings, to improve operators' skills and to promote adaptation of the vessels to technical progress,HAS ADOPTED THIS REGULATION: