11. 2. 97 Official Journal of the European Communities No L 40/11 COMMISSION REGULATION (EC) No 241/97 of 10 February 1997 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 Community, Having regard to Council Regulation (EEC) No 1101/89 of 27 April 1989 on structural improvements in inland waterway transport ('), as last amended by Commission Regulation (EC) No 2310/96 (%), and in particular Articles 4a, 6 and 10 (3) thereof, Whereas Regulation (EEC) No 1101/89, as amended, provides for the possibility of reducing structural over- capacity in inland waterway transport in the Member States concerned by introducing schemes coordinated at Community level for the scrapping of vessels in 1996, 1997 and 1998, with a view to reducing fleet capacity by some 15 %; Whereas, pursuant to Commission Regulation (EEC) No 1102/89 of 27 April 1989 laying down certain measures for implementing Council Regulation (EEC) No 1101/89 on structural improvements in inland waterway trans- port (°), as last amended by Regulation (EC) No 2326/96 (*), the Commission establishes the practical arrangements for these scrapping schemes; Whereas, in respect of the scrapping scheme for 1997, the total financial contribution payable to the Scrapping Funds by the Member States concerned is estimated at ECU 64 million, to achieve a reduction in capacity of about S %; whereas this contribution is calculated in proportion to the size of the active fleet of each Member State concerned, as provided for in Council Regulation (EC) No 2254/96 (*); Whereas, for 1997, the financial contribution from the Member States concerned and the contribution payable by the trade must be shared between dry cargo vessels, pusher craft and tanker vessels; Whereas, in order to achieve the objective of reducing overcapacity, the annual contribution payable by the trade No L 116, 28. 4. 1989, p. 25. No L 313, 3. 12. 1996, p. 8. No L 116, 28. 4. 1989, p. 30. No L 316, 5. 12. 1996, p. 13. No L 304, 27. 11. 1996, p. 1. must be maintained and the 50 % rate provided for in Article 3 (4) must be restored to the rates laid down in Article 3 (1) Whereas the scrapping premiums should also be increased to make the scrapping scheme more attractive; whereas a procedure should also be reintroduced under which priority is given to applications for the lowest premiums within a bracket ranging from 80 % to 100 % of the maximum rates applicable from 1 January 1997, so that as much capacity as possible can be scrapped; Whereas, in order to improve the operation of the mutual financial support arrangements between the separate national Scrapping Funds, the ‘adjusted annual financial commitments’ formula established in 1989 by Article 10 (2) of Regulation (EEC) No 1102/89 should be adapted,; Whereas, on a transitional basis, the special contribution payable as part of the measures to avoid increasing ex- isting overcapacity and to prevent the appearance of new overcapacity should be maintained at its 1990 level for vessels, the building of which has passed a certain stage and which are brought into service within six months following into entry into force of this Regulation; Whereas, to enable the 1997 scrapping scheme to go ahead, between May and December 1997, the lodging of new applications pursuant to Article 6 (6) (a) of Regula- tion (EEC) No 1102/8%9 must be suspended so that no vessel can be placed on a quarterly waiting list and at the same time be entered under the 1997 scrapping scheme procedure; whereas the quarterly mechanism for applying for premiums from the Scrapping Funds, as provided for in Article 6 (6) (b) of the Regulation, as amended, must therefore also be suspended; Whereas the budgetary implications for the Member States concerned and the need to initiate the procedure by introducing national implementing measures from the start of 1997 make it necessary to bring this Regulation into force as a matter of urgency; Whereas the Member States and the Group of Experts on Structural Improvements in Inland Waterway Transport, set up pursuant to Article 12 of Regulation (EEC) No 1102/89, have been consulted on the proposed amend- ments,