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SUPPLEMENTARY AGREEMENT TO THE AGREEMENT

OF 26 JULY 1957

BETWEEN THE AUSTRIAN FEDERAL GOVERNMENT , OF THE ONE PART , AND THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY AND THE HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY , OF THE OTHER PART , ON THE ESTABLISHMENT OF THROUGH INTERNATIONAL RAILWAY TARIFFS FOR THE CARRIAGE OF COAL AND STEEL THROUGH THE TERRITORY OF THE REPUBLIC OF AUSTRIA

THE FEDERAL GOVERNMENT OF THE REPUBLIC OF AUSTRIA ( HEREINAFTER CALLED THE " AUSTRIAN FEDERAL GOVERNMENT " ) ,

OF THE ONE PART , AND

THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY ( HEREINAFTER CALLED THE " COMMUNITY " ) AND THE HIGH AUTHORITY OF THE EUROPEAN COAL AND STEEL COMMUNITY ( HEREINAFTER CALLED THE " HIGH AUTHORITY " ) ,

OF THE OTHER PART ,

HAVING REGARD TO THE AGREEMENT OF 26 JULY 1957 ( 1 ) , ON THE ESTABLISHMENT OF THROUGH INTERNATIONAL RAILWAY TARIFFS FOR THE CARRIAGE OF COAL AND STEEL THROUGH THE TERRITORY OF THE REPUBLIC OF AUSTRIA ;

HAVING REGARD , IN PARTICULAR , TO ANNEX I TO THAT AGREEMENT ON THE CALCULATION OF THE PORTION ACCRUING TO THE AUSTRIAN FEDERAL RAILWAYS ;

HAVING REGARD TO THE PROPOSED AMENDMENTS DRAWN UP BY THE TRANSPORT COMMITTEE ESTABLISHED IN ACCORDANCE WITH THE AOVEMENTIONED AGREEMENT ,

HAVE AGREED AS FOLLOWS :

ARTICLE 1

ANNEX I TO THE AGREEMENT SHALL BE AMENDED AS FOLLOWS :

( A ) PARAGRAPH 3 OF THAT ANNEX SHALL BE RENUMBERED PARAGRAPH 5 ;

( B ) THE FOLLOWING PROVISIONS SHALL BE INSERTED AS NEW PARAGRAPHS 3 AND 4 :

" 3 . ANY AMENDMENT TO THE RULES FOR THE CALCULATION OF THE PORTION LAID DOWN IN PARAGRAPH 1 OF THE REDUCTIONS SET OUT IN PARAGRAPH 2 , TO WHICH THE PROCEDURE LAID DOWN IN ARTICLE 8 OF THE AGREEMENT APPLIES , MUST BE AGREED BETWEEN THE AUSTRIAN FEDERAL GOVERNMENT , THE GOVERNMENTS OF THE MEMBER STATES AND THE HIGH AUTHORITY AND BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

4 . ANY AMENDMENT TO THE RULES FOR THE CALCULATION OF THE PORTION LAID DOWN IN PARAGRAPH 1 OR OF THE REDUCTIONS SET OUT IN PARAGRAPH 2 WHICH IS RELATED TO AN ADJUSTMENT OF THE INTERNAL TARIFF RATES OF THE AUSTRIAN FEDERAL RAILWAYS AND TO WHICH THE PROCEDURE LAID DOWN IN ARTICLE 8 OF THE AGREEMENT DOES NOT APPLY SHALL BE BROUGHT TO THE ATTENTION OF THE GOVERNMENTS PARTIES TO THE AGREEMENT AND TO THE HIGH AUTHORITY AT LEAST 15 DAYS BEFORE THE PROPOSED DATE OF APPLICATION ; THE AMENDMENT SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . "

ARTICLE 2

THE HIGH AUTHORITY ACCEPTS THIS SUPPLEMENTARY AGREEMENT AS BINDING BY VIRTUE OF ITS SIGNATURE .

THE GOVERNMENT OF EACH MEMBER STATE SHALL , THROUGH DIPLOMATIC CHANNELS , NOTIFY THE AUSTRIAN FEDERAL GOVERNMENT THAT THE CONDITIONS NECESSARY FOR THE ENTRY INTO FORCE OF THIS SUPPLEMENTARY AGREEMENT HAVE BEEN FULFILLED IN ACCORDANCE WITH THE PROVISIONS OF ITS NATIONAL LAWS . THE AUSTRIAN FEDERAL GOVERNMENT SHALL INFORM THE OTHER CONTRACTING PARTIES OF THE NOTIFICATIONS RECEIVED .

THIS SUPPLEMENTARY AGREEMENT SHALL ENTER INTO FORCE ONE MONTH AFTER THE DATE ON WHICH THE AUSTRIAN FEDERAL GOVERNMENT HAS INFORMED THE OTHER CONTRACTING PARTIES THAT THE AGREEMENT IS APPLICABLE IN THE TERRITORIES OF ALL THE MEMBER STATES AND IN THE TERRITORY OF THE REPUBLIC OF AUSTRIA ( 2 ) .

ARTICLE 3

THIS SUPPLEMENTARY AGREEMENT SHALL BE DEPOSITED IN THE ARCHIVES OF THE AUSTRIAN FEDERAL GOVERNMENT .

THE AUSTRIAN FEDERAL GOVERNMENT SHALL TRANSMIT CERTIFIED COPIES THEREOF TO THE HIGH AUTHORITY AND TO THE GOVERNMENTS OF THE MEMBER STATES .

IN WITNESS WHEREOF , THE UNDERSIGNED REPRESENTATIVES OF THE AUSTRIAN FEDERAL GOVERNMENT , OF THE GOVERNMENTS OF THE MEMBER STATES AND OF THE HIGH AUTHORITY , DULY AUTHORIZED , HAVE SIGNED THIS AGREEMENT .

DONE AT LUXEMBOURG , 29 NOVEMBER 1960

IN A SINGLE ORIGINAL IN THE DUTCH , FRENCH , GERMAN AND ITALIAN LANGUAGES , ALL FOUR TEXTS BEING EQUALLY AUTHENTIC .

FOR THE AUSTRIAN FEDERAL GOVERNMENT :

LEMBERGER

FOR THE HIGH AUTHORITY :

SPIERENBURG WEHRER

FOR THE GOVERNMENTS OF THE MEMBER STATES :

FOR THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY :

BERND MUMM VON SCHWARZENSTEIN

FOR THE GOVERNMENT OF THE KINGDOM OF BELGIUM :

R . TAYMANS

FOR THE GOVERNMENT OF THE FRENCH REPUBLIC :

E . GUYON

FOR THE GOVERNMENT OF THE ITALIAN REPUBLIC :

A . VENTURINI

FOR THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG :

GREGOIRE

FOR THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS :

O . REUCHLIN

( 1 ) OFFICIAL JOURNAL OF THE EUROPEAN COAL AND STEEL COMMUNITY , NO 6 , 20 . 2 . 1958 , P . 78 .

( 2 ) THE AGREEMENT ENTERS INTO FORCE ON 6 NOVEMBER 1961 .