51998AP0434

Proposal for a Council Regulation (EC) on a Community fleet capacity policy to promote inland waterway transport (COM(98)0541 - C4-0581/98 - 98/0281(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 2a (new)

>Original text>

>Text following EP vote>

Whereas it is necessary to ensure that the scrapping scheme does not result in the disappearance of all smaller vessels which are able to use even the smallest ports and waterways, so that inland waterway vessels may play an increasing role in the transport chain;

(Amendment 2)

Article 1

>Original text>

Inland waterway vessels used to carry goods between two or more points by inland waterway in the Member States shall be subject to the Community fleet capacity policy laid down in this Regulation. For a period of not more than five years with effect from 28 April 1999 this capacity policy shall include the conditions for bringing into service new vessels, in accordance with this Regulation.

>Text following EP vote>

Inland waterway vessels used to carry goods between two or more points by inland waterway in the Member States shall be subject to the Community fleet capacity policy laid down in this Regulation. For a period of not more than five years with effect from 28 April 1999 this policy shall include the conditions for bringing into service new

capacity, in accordance with this Regulation, combined with scrapping action, if needed.

(Amendment 3)

Article 3(6)

>Original text>

6. The reserve fund may be used in the course of the measures referred to in Article 8 of this Regulation only if unanimously requested by the organisations representing inland waterway transport at Community level.

>Text following EP vote>

6.

The reserve fund may be used in the course of the measures referred to in Article 8 of this Regulation only if unanimously requested by the organisations representing inland waterway transport at Community level, after consultation of the Member States concerned.

(Amendment 4)

Article 4(2)

>Original text>

2. The ratio may be set at different levels for different sectors of the market, i.e. dry cargo carriers, tanker vessels and pusher craft; the ratio must gradually be reduced to zero within not more than five years of 28 April 1999. Once the ratio has been set at zero, the arrangements shall become a standby mechanism and may be reactivated only in the event of a serious disturbance of the market, as provided for by Article 7 of Directive 96/75/EC.

>Text following EP vote>

2.

The ratio may be set at different levels for different sectors of the market, i.e. dry cargo carriers, tanker vessels and pusher craft; the ratio must gradually be reduced to zero within not more than five years of 28 April 1999. Once the ratio has been set at zero, the arrangements shall become a standby mechanism and may be reactivated only in the event of a serious disturbance of the market, as provided for in Article 6.

(Amendment 5)

Article 4(3)

>Original text>

3. The owner of the vessel shall have the choice between paying the special contribution or scrapping old tonnage either at the time that the firm order for construction of the new vessel is placed or at the time that the application for import is lodged, provided the vessel is brought into service within eighteen months thereafter, or at the time that the new or imported vessel is brought into service. This choice must be stated at the time of ordering or applying to import the vessel. The vessel offered for scrapping as compensatory tonnage must have been scrapped before the new vessel is brought into service. Owners of vessels to be brought into service who have a higher tonnage than necessary scrapped shall receive no financial compensation for this surplus. Vessels definitively withdrawn from the market for use for purposes other than the carriage of goods such as vessels for humanitarian purposes, museum ships, vessels for developing countries outside Europe or vessels placed at the disposal of non-profit-making bodies may be counted as compensatory tonnage, i.e. treated as if they had been scrapped, at the decision of the Commission.

>Text following EP vote>

3.

The owner of the vessel shall have the choice between paying the special contribution or scrapping old tonnage either at the time that the firm order for construction of the new vessel is placed or at the time that the application for import is lodged, provided the vessel is brought into service within twelve months thereafter, or at the time that the new or imported vessel is brought into service. This choice must be stated at the time of ordering or applying to import the vessel. The vessel offered for scrapping as compensatory tonnage must have been scrapped before the new vessel is brought into service. Owners of vessels to be brought into service who have a higher tonnage than necessary scrapped shall receive no financial compensation for this surplus. Vessels definitively withdrawn from the market for use for purposes other than the carriage of goods such as vessels for humanitarian purposes, museum ships, vessels for developing countries outside Europe or vessels placed at the disposal of non-profit-making bodies may be counted as compensatory tonnage, i.e. treated as if they had been scrapped, at the decision of the Commission.

(Amendment 6)

Article 6(1), introduction

>Original text>

1. In the event of serious disturbance on the market, as defined in Article 7 of Directive 96/75/EC , at the request of a Member State, after the Committee referred to in Article 8 of Directive 96/75/EC has given its opinion and following the procedure laid down in the same Article, the Commission may reactivate the 'old-for-new¨ rule for a limited period, as provided for by Article 7 of Directive 96/75/EC, or adopt improvement measures for owners of all vessels referred to in Article 2(1) who scrap a vessel, i.e. who have the hull of the vessel broken up totally or destroy the engine in the case of pusher craft, to receive a scrapping premium at the rate set by the Commission under the conditions laid down in Article 7 from the Fund covering the vessel insofar as the financial resources are available. This premium shall be granted only in respect of vessels which the owner proves form part of his active fleet, i.e.:

>Text following EP vote>

1. After expiry of the period referred to in Article 4(2) of this Regulation, and in the event of serious disturbance on the market, as defined in Article 7 of Directive 96/75/EC, at the request of a Member State, after the Committee referred to in Article 8 of Directive 96/75/EC has given its opinion and following the procedure laid down in the same Article, the Commission may reactivate the 'old-for-new¨ rule for a limited period, as provided for by Article 7 of Directive 96/75/EC, or adopt improvement measures for owners of all vessels referred to in Article 2(1) who scrap a vessel, i.e. who have the hull of the vessel broken up totally or destroy the engine in the case of pusher craft, to receive a scrapping premium at the rate set by the Commission under the conditions laid down in Article 7 from the Fund covering the vessel insofar as the financial resources are available. This premium shall be granted only in respect of vessels which the owner proves form part of his active fleet, i.e.:

(Amendment 7)

Article 6a (new)

>Original text>

>Text following EP vote>

Article 6a

Inland waterway vessels used to carry goods between two or more points by inland waterway in the Member States shall be subject to measures for structural improvements in inland waterway transport under the conditions laid down in this Regulation.

>Original text>

>Text following EP vote>

The measures referred to in the first paragraph shall comprise:

- measures to avoid an increase in structural overcapacity,

- supporting measures aimed at reducing overcapacity by laying down scrapping schemes,

- the maintenance of smaller vessels able to navigate on smaller waterways.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation (EC) on a Community fleet capacity policy to promote inland waterway transport (COM(98)0541 - C4-0581/98 - 98/0281(SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(98)0541 - 98/0281(SYN) ((OJ C 320, 17.10.1998, p. 4.)),

- having been consulted by the Council pursuant to Articles 189c and 75 of the EC Treaty (C4-0581/98),

- having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Budgets (A4-0434/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;

5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

6. Instructs its President to forward this opinion to the Council and Commission.