28. 4. 89 Official Journal of the European Communities No L 116/25 COUNCIL REGULATION (EEC) No-1101/89 of 27 April 1989 on structural improvements in inland waterway transport THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and -in particular Article 75 thereof, Having regard to the proposal from the Commission (?), Having . regard to the opinion of the European Parliament (3, Having regard to the opinion of the Economic and Social . Committee (%), Whereas the structural overcapacity manifest for some time in the fleets operating on the linked inland waterway networks of Belgium, France, Germany, Luxembourg and the Netherlands appreciably affects, in those countries, the economics of transport services, particularly of the carriage of goods by inland waterway ; Whereas forecasts show no sign of sufficient increase in demand in this sector to absorb this overcapacity in the next few years; whereas in fact the share of the total transport market taken by inland waterway transport is continuing to decline as a result of progressive changes in - the basic industries supplied mainly by inland waterway ; Whereas a scrapping scheme coordinated at Community - level is the only way to bring about a substantial reduction -in overcapacity in the near future and -thus improve the structures of inland waterway transport; Whereas the results of the national vessel-scrapping schemes organized by certain Member States, while positive, have been insufficient, in particular, for want of international coordination of these schemes; . Whereas a common approach, allowing Member States to - take joint measures to attain the same objective, is a sine qua non for effectively reducing overcapacity ; whereas, to this end, scrapping funds should be introduced in the Member States particularly concerned by inland waterway transport and- those Member States should administer the funds ; whereas undertakings established in other Member States but providing transport services on the- linked inland waterways of the Member States concerned must contribute to one of these funds; () OJ No C 297, 22. 11. 1988, p. 13 and O] No 31, 7. 2, 1989, p. 14, OJ No C 326, 19. 12. 1988, p. 54. {) OJ No C 318, 12. 12. 1988, p. S8. Whereas overcapacity generally affects every sector of the inland waterway transport market ; whereas the measures to be adopted must, therefore, be generally applicable and cover all cargo vessels and pusher craft ; whereas, however, vessel which.in non way contribute to the overcapacity on the abovementioned network of linked inland waterways either because of their size or because they are operated solely on closed national markets, could be exempted from these measures ; whereas, by contrast, private fleets performing carriage on own account must be included in- the system because of their impact on transport markets ; Whereas, in view of the worrying economic and social situation of the sector involving vessels : with - a dead weight of less than 450 tonnes and in particular the boat owners’ financial situation and  limited scope for conversion, specific measures are called for, such as special adjustment coefficients for inland waterway vessels or specific improvement measures for the networks most affected ; whereas, in the lattér case, it is necessary to enable Member States to exclude these vessels from the scope of -the Regulation provided that they are made subject to a national improvement plan which does not create distortions of competition and is consistent with the Treaty provisions on aid; Whereas, in view of the fundamental differences between the dry cargo and liquid cargo markets, it is advisable to keep separate accounts in each fund for dry cargo carriers and tanker- vessels ; Whereas, in the context of an economic policy compatible- with the Treaty, responsibility for structural” improvements. in a given “sector of the economy lies primarily with operators in the sector ; whereas, therefore, the cost of any system introduced must be borne by the inland waterway transport undertakings ; whereas, in-order to launch the system on a fully operational basis from the outset, arrangements should be made, however, for the Member States concerned to pay an advance.in the form of repayable loans; whereas, in view of the difficult economic situation of the said undertakings, these loans should be interest-free ; Whereas, in accordance with Article 74 of the Treaty, the objectives of the Treaty are to be pursued as regards transport within the framework of a commen policy; whereas, as Article 77 makes clear, this policy may include the granting of aids, in particular if they meet the needs of coordination of transport; whereas the Community’s action in this area, including aids, must however take into account the various general objectives of Article 3 of the Treaty and in particular that of Article 3 (f), concerning competition ; whereas, as with all aids