RECOMMANDATION No 1-61 of 1 March 1961 to the Governments of the Member States, concerning the publication or communication of the scales, rates and tariff rules applied to the carriage of coal and steel

THE HIGHT AUTHORITY,

Having regard to the provisions of Articles 2 to 5, 8, 14, 15, 60, 70 and 86 of the Treaty and to Article 10 of the Convention on the Transitional Provisions;

Whereas the third paragraph of Article 70 of the Treaty provides that the scales, rates and all other tariff rules of every kind applied to the carriage of coal and steel within each Member State and between Member States shall be published or brought to the knowledge of the High Authority;

Whereas this provision is a rule of law binding both on Member States of the Community and on the High Authority ; whereas, however, in order that the provision may be given effect, in particular in relation to the various types of transport undertaking, it is necessary that the Member States should adopt implementing provisions;

Whereas provisions of this kind are either non-existent or incomplete and the High Authority is therefore obliged to formulate a recommendation calling on Member States to adopt the appropriate implementing provisions.

Whereas the implementing measures to be taken by Member States must, in nature, scope and form, be such as to make it possible for the aims envisaged in the publication or communication of scales, rates and tariff rules to be effectively achieved ; whereas in this respect Member States should bear it in mind that the principle of publication or communication expressed in the third paragraph of Article 70 is not an end in itself;

Whereas publication or communication as such is merely a means of attaining other objectives of the Treaty ; whereas in this instance primary importance attaches to the provisions of the Treaty concerning transport, with which those concerned, and in particular transport undertakings, must be effectively obliged to comply ; whereas the relevant provisions are the following: - Article 4 (b) of the Treaty, which taken in conjunction with the first paragraph of Article 70 provides that comparably placed consumers must be afforded comparable price conditions for transport;

- the second paragraph of Article 70 of the Treaty, which prohibits in particular discrimination in rates and conditions of carriage based on the country of origin or of destination of products;

- the third paragraph of Article 10 of the Convention on the Transitional Provisions, which provides for the establishment of through international tariffs, and for the harmonisation of rates and conditions of carriage as far as may be necessary for the proper functioning of the common market;

Whereas, further, the measures adopted by Member States must be such as will promote the proper functioning of the common market for coal and steel as laid down in the provisions of the Treaty, particularly in Articles 2 to 5 and 60, and in the decisions of the High Authority implementing those Articles;

Whereas Member States are bound, in execution of their basic obligation under the first paragraph of Article 86, to implement this Recommendation in such a way as to facilitate the attainment of the Community's objectives;

Whereas the provisions to be adopted by Member States will attain the objectives of this Recommendation only if all necessary measures have been taken to ensure that transport undertakings comply with those provisions ; whereas the Treaty does not give the High Authority the power to take action itself to check compliance by those undertakings, nor to take action in the case of any breach, and Member States must therefore themselves be responsible for drawing up their provisions in such a way that an effective check may be kept on transport undertakings and appropriate sanctions applied in cases of breach;

Whereas the relevant provisions of the Treaty cover all modes of transport within the Community ; whereas Member States are therefore bound to extend the implementing measures adopted by them pursuant to this Recommendation to all modes of transport ; whereas in so doing they are entitled to take into account the individual characteristics of the various modes of transport;

Whereas the present position in the transport sector makes it necessary that Member States should comply as soon as possible with the directions given in this Recommendation ; whereas 31 December 1961 accordingly appears suitable as the final date, either for direct promulgation of the necessary laws and regulations or, if lengthy procedures such as the enactment of legislation prove necessary for this purpose, for the initiation of such procedures;

Whereas it is also desirable that the High Authority should examine in advance whether and to what extent the measures proposed by Member States are capable of attaining the objectives of this Recommendation ; whereas it is therefore essential that the High Authority be informed of such measures in advance, at the latest by 31 October 1961;

RECOMMENDS AS FOLLOWS

Article 1

1. The Governments of the Member States shall adopt all appropriate general or special measures to ensure that the scales, rates and all other tariff rules of every kind applied to the carriage of coal and steel within each Member State and between the Member States are published or brought to the knowledge of the High Authority to such extent and in such manner and form as to: (a) ensure that transport undertakings apply scales, rates and all other tariff rules of every kind which afford comparable price conditions to comparably placed consumers (Article 4 (b) and the first and second paragraphs of Article 70 of the Treaty);

(b) permit the implementation of measures adopted for the purpose of establishing through international tariffs and harmonising rates and conditions of carriage (first paragraph of Article 70 of the Treaty and third paragraph of Article 10 of the Convention on the Transitional Provisions).

2. The measures adopted pursuant to paragraph (1) shall be such as to promote the proper functioning of the common market as laid down in the Treaty, particularly in Articles 2 to 5 and 60, and in the Decisions of the High Authority implementing those Articles.

Article 2

The Governments of the Member States shall adopt all such general or special measures as may be appropriate in order to ensure that a check be kept on compliance with existing laws and regulations and with those which may be adopted in pursuance of the objectives set out in Article 1, and that sanctions be applied in cases of breach.

Article 3

The measures adopted pursuant to Articles 1 and 2 shall cover all modes of transport. However, account may be taken of the individual characteristics of the various modes of transport.

Article 4

1. The Governments of the Member States shall adopt the measures referred to in Articles 1 and 2 by 31 December 1961 at the latest. Should it be necessary under any national law to enact legislation, or to adopt some other lengthy procedure, in order to put these measures into effect, such procedures shall be initiated by that same date at the latest.

2. The Governments of Member States shall communicate to the High Authority by 31 October 1961 at the latest the content of their proposed measures.

Article 5

This Recommendation shall be communicated to the Governments of the Member States and published in the Official Journal of the European Communities.

This Recommendation was discussed and adopted by the High Authority during its session held on 1 March 1961.

For the High Authority

The President

Piero MALVESTITI