Reglamento (CE) n° 3314/94 del Consejo de 22 de diciembre de 1994 por el que se modifica el Reglamento (CEE) n° 1101/89 relativo al saneamiento estructural de la navegación interior
Sección: | Reglamento |
Emisor: | Comisión de las Comunidades Europeas |
REGLAMENTO (CE) No 3314/94 DEL CONSEJO de 22 de diciembre de 1994 por el que se modifica el Reglamento (CEE) no 1101/89 relativo al saneamiento estructural de la navegación interior
EL CONSEJO DE LA UNIÓN EUROPEA,
Visto el Tratado constitutivo de la Comunidad Europea,
Vista el Acta de adhesión de 1994 y, en particular, su artículo 169,
Vista la propuesta de la Comisión,
Considerando que el Reglamento (CEE) no 1101/89 del Consejo, de 27 de abril de 1989, relativo al saneamiento estructural de la navegación interior (1) estableció un régimen de desguace de barcos;
Considerando que mediante el Reglamento (CE) no 844/94 (2), por el que se modifica el Reglamento (CEE) no 1101/89, el Consejo ha precisado la definición de los barcos pertenecientes a la flota activa añadiendo un nuevo criterio que consiste en la condición de haber pagado, un mínimo de tres veces por cada barco afectado, la cotización anual prevista en el artículo 4 del Reglamento (CEE) no 1101/89;
Considerando que este nuevo criterio no permite a los transportistas por navegación interior de un nuevo Estado miembro, durante los tres primeros años tras la adhesión, destinar al desguace los barcos de su flota o hacer uso de la compensación de tonelaje en el marco de las disposiciones del apartado 1 del artículo 8 del Reglamento (CEE) no 1101/89; que, por tanto, conviene prever una excepción a este criterio durante este tiempo para los barcos de la flota de un nuevo Estado miembro, a condición de que el 28 de abril de 1994, es decir, el día de entrada en vigor del Reglamento (CE) no 844/94 hayan sido matriculados en este Estado y sean explotados por una compañía establecida en este Estado;
Considerando que, en virtud del apartado 3 del artículo 2 del Tratado de adhesión de 1994, las instituciones de la Comunidad Europea pueden adoptar, antes de la adhesión, las medidas contempladas en el artículo 169 del Acta de adhesión, que serán aplicables a partir de la entrada en vigor de dicho Tratado,
HA ADOPTADO EL PRESENTE REGLAMENTO:
En el apartado 1 del artículo 5 del Reglamento (CEE) no 1101/89, se añade...
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