Treaty establishing the European Coal and Steel Community - Convention on the Transitional Provisions - Part One - Implementation of the Treaty - Chapter 2 - Establishment of the Common Market - Transport - Article 10

A Committee of Experts designated by the governments of the Member States shall be convened forthwith by the Commission to study the arrangements to be proposed to the governments for the carriage of coal and steel, in order to attain the objectives set out in Article 70 of the Treaty.

The negotiations required to obtain the agreement of the governments concerning the various measures proposed shall, without prejudice to the last paragraph of Article 70, be initiated by the Commission, as shall any necessary negotiations with third countries concerned.

The Committee of Experts shall study:

1.measures to eliminate discriminatory practices contrary to the second paragraph of Article 70;

2.measures to establish through international tariffs incorporating a degressive factor taking account of total distance for carriage within the Community, without prejudice to the apportionment of the receipts among the carriers concerned;

3.examination of the rates and conditions of every kind for the carriage of coal and steel by the different modes of transport, with a view to their harmonization on a Community wide basis to the extent neces sary to the proper functioning of the common market, taking account inter alia of transport costs.

The Committee of Experts shall have not more than:

- three months for its studies of the measures referred to under 1;

- two years for its studies of the measures referred to under 2 and 3.

The measures referred to under 1 shall enter into force on the date of the establishment of the common market in coal at the latest.

The measures referred to under 2 and 3 shall enter into force simultaneously as soon as the governments are agreed. If, however, two and a half years after the Commission is set up the governments of Member States are still not agreed concerning the measures referred to under 3, the measures referred to under 2 shall enter into force separately on a date to be determined by the Commission. In that case the Commission shall, on a proposal from the Committee of Experts, make such recommendations as it considers necessary to avoid any serious disturbances in the transport sector.

The rates and conditions referred to in the fourth paragraph of Article 70 which are in force when the Commission is set up shall be notified to the Commission, which shall allow such time for their modification as may be necessary to avoid any serious economic disturbance.

The Committee of Experts shall work out and propose to the governments concerned the derogations which they will authorize the Luxembourg Government to make from the measures and principles set out above so as to take account of the special position of Luxembourg Railways.

The governments concerned shall, after consulting the Committee of Experts, authorize the Luxembourg Government, in so far as the specialposition of Luxembourg Railways makes it necessary, to continue after the transitional period to operate the arrangements adopted.

Until such time as agreement is reached among the governments concerned on the measures referred to in the preceding paragraphs, the Luxembourg Government shall be authorized not to give effect to the principles set out in Article 70 of the Treaty and in this Article.