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— vessels for which the owner can produce valid certificates of water worthiness and tonnage or an authorisation to engage in national transport issued by the competent authority of one of the Member States concerned, and — vessels which have made at least ten voyages during the 24 months preceding application for the scrapping premium. ‘Voyage’ shall mean a commercial transport operation over a distance normal for the carriage of goods of the same type (over 50 km) and carrying a volume of cargo in reasonable proportion to the cargo capacity of the vessel (at least 70 %). No premium shall be granted in respect of vessels which, as a result of a wreck or other damage suffered, are no longer repairable or for which the repair costs are higher than the amount of the scrapping premium. Where the competent authorities have well-founded reasons to doubt that the vessel covered by the application for the scrapping premium is in good working order, they may request a surveyor to certify that the vessel concerned is in a technical condition to carry goods. The scrapping premium shall be refused if the vessel fails to meet this requirement.

In the event of serious disturbance on the market, as defined in Article 7 of Directive 96/75/EC and, at the request of a Member State, after the Committee referred to in Article 8 of the said Directive 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, in accordance with Article 7 of the said Directive, accompanied or not by structural improvement measures. Under such structural improvement measures owners of vessels referred to in Article 2(1) who scrap a vessel, i.e. who have the hull of the vessel broken up totally or, in the case of pusher craft, destroy the hull and the engine, may 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. However, this premium may be granted only in respect of vessels which the owner proves form part of his active fleet, i.e.:

— vessels which are in good working order, and