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COMMISSION OPINION

of 8 September 1983

addressed to the French Government on measures proposed in the cahier des charges de la Société nationale des chemins de fer français to conform with and implement the provisions of Council Decision 75/327/EEC

(83/480/EEC)

1. In accordance with Article 1 of the Council Decision of 21 March 1962, the French Government communicated, on 16 May 1983, the cahier des charges de la Société nationale des chemins de fer français. These provisions have been examined as to their compatibility with the relevant Community legislation on the improvement of the situation of railway undertakings and the harmonization of rules govern-ing financial relations between such undertakings and States, international pricing provisions and the rules governing State financial interventions.

2. The Commission considers that the measures envisaged in the cahier des charges are adequate to ensure the implementation of the provisions of Council Decisions 75/327/EEC, 82/529/EEC and the application of Council Regulations (EEC) No 1191/69, (EEC) No 1192/69 and (EEC) No 1107/70.

With a view to its implementation the French Government's attention is drawn to the following points:

- Article 14 of Decision 75/327/EEC provides that '. . . Member States shall, at the appropriate time, forward to [the Commission] . . . the programmes referred to in Articles 4 and 13, together with any major changes made to them.'

- Article 8 (5) of Decision 75/327/EEC provides that 'The table provided for in Article 10 of Regulation (EEC) No 1192/69 must be included in an Annex to the annual accounts and must show, in addition, all other sums granted to the railway undertaking during the year by way of financial assistance or compensation.'

Further, the French Government's attention is drawn to the orientations indicated in the Commission's communication to the Council of 9 February 1983 on Progress towards a common transport policy - inland transport (1).

3. The Commission, taking into consideration the above points, gives a favourable opinion on the provisions envisaged in the cahier des charges de la Société nationale des chemins de fer français with regard to its compatibility with Community legislation.

Done at Brussels, 8 September 1983.

For the Commission

Giorgios CONTOGEORGIS

Member of the Commission

(1) OJ No C 154, 13. 6. 1983, p. 1.