Keywords

Summary



Keywords

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1 . INFORMATION - CHECK - DECISION PRIOR TO THE EXERCISE OF SUCH RIGHTS NOT PRESCRIBED BY THE TREATY - RIGHT OF UNDERTAKINGS TO REQUEST SUCH A DECISION

( ECSC TREATY, ARTICLE 47 )

2 . INFORMATION - CHECK - AREA OF APPLICATION - SIMULTANEOUS EXERCISE

( ECSC TREATY, ARTICLE 47 )

3 . INFORMATION - CHECK - INTERPRETATION IN RELATION TO ARTICLE 86 ( 4 ) - SPECIFIC AIM OF THAT PROVISION

( ECSC TREATY, ARTICLES 47, 86 )

4 . INFORMATION - EXTENSION OF THE CHECK TO AN AREA OF PRODUCTION NOT SUBJECT TO THE TREATY

( ECSC TREATY, ARTICLE 47 )

5 . INFORMATION - CHECK - STATEMENT OF REASONS TO BE GIVEN FOR DECISIONS RELATING THERETO

( ECSC TREATY, ARTICLES 15, 47 )

Summary

1 . BY PROVIDING IN A SINGLE SECTION THE TWO PROPOSITIONS THAT 'THE HIGH AUTHORITY MAY OBTAIN THE INFORMATION IT REQUIRES TO CARRY OUT ITS TASKS . IT MAY HAVE ANY NECESSARY CHECKS MADE', THE FIRST PARAGRAPH OF ARTICLE 47 OF THE TREATY ESTABLISHES, FIRST, THE DUTIES OF UNDERTAKINGS TO PROVIDE INFORMATION AND, SECONDLY, THE EXTENT OF THE INQUIRIES, WHICH MAY BE MADE AT THE SAME TIME .

NOTHING IN THE WORDING OF THIS PROVISION ALLOWS ONE TO INFER FROM IT THE IMPLIED PROVISION THAT A PRELIMINARY DECISION IS TO BE ADOPTED BEFORE ANY CHECK IS MADE .

HOWEVER, AS THE TASK OF COLLECTING INFORMATION REFERRED TO IN THE FIRST PARAGRAPH OF ARTICLE 47 IS NEITHER DEFINED NOR LIMITED BY THAT PARAGRAPH, IT MUST BE ACCEPTED THAT, IF THE UNDERTAKINGS CONSIDER THAT THE ACTIVITIES OF THE OFFICIALS OF THE HIGH AUTHORITY EXCEED EITHER THEIR TERMS OF REFERENCE OR THE JURISDICTION OF THE COMMUNITY, THEY MAY REQUEST THAT NO INFORMATION BE GATHERED NOR CHECKS BE MADE BEFORE A DECISION IS ADOPTED DECIDING IN FAVOUR OF ONE OF THE DIFFERING POINTS OF VIEW .

2 . THE CHECK PROVIDED FOR IN ARTICLE 47 APPLIES NOT ONLY GENERALITER TO ALL THE INQUIRIES WHICH THE HIGH AUTHORITY IS ENTITLED TO MAKE IN ORDER TO CARRY OUT ITS TASKS, BUT ALSO TO ITS VARIOUS DUTIES OF OBTAINING INFORMATION, FOR EXAMPLE, UNDER SUBPARAGRAPHS ( 1 ) AND ( 5 ) OF THE THIRD PARAGRAPH OF ARTICLE 46 OF THE TREATY .

THE TREATY DOES NOT PROVIDE THAT THE INFORMATION MUST BE OBTAINED AND THE CHECK MADE IN TWO DISTINCT AND SUCCESSIVE STAGES, ACCORDING TO AN ORDER OF PRIORITY WHICH IS NOT LAID DOWN IN THE TEXT, PROVIDED OF COURSE THAT IT IS NECESSARY FOR THE CHECKS TO BE MADE . NEITHER THE LETTER, THE SPIRIT OR AIM OF THE FIRST PARAGRAPH OF ARTICLE 47 PROHIBITS THE INFORMATION BEING OBTAINED AND THE CHECK MADE AT THE SAME TIME .

3 . IN ORDER TO DEFINE THE GENERAL SCHEME AND THE EXACT SCOPE OF THE FIRST PARAGRAPH OF ARTICLE 47 THERE IS ABSOLUTELY NO NEED TO RESORT TO THE PROVISIONS OF THE FOURTH PARAGRAPH OF ARTICLE 86 OF THE TREATY, THE AIM OF WHICH IS IN NO WAY TO DEFINE THE EXTENT OF THE POWER TO OBTAIN INFORMATION AND TO MAKE CHECKS BUT SOLELY TO MAKE AVAILABLE TO THE HIGH AUTHORITY THE COMPULSORY POWERS AFFORDED BY NATIONAL REVENUE LAWS FOR THE DIRECT AND COMPULSORY EXECUTION BY ITS OWN OFFICIALS OF INSPECTIONS CAPABLE OF AFFECTING THE AREA OF INDIVIDUAL LIBERTY AND DEPARTING FROM THE PRINCIPLE OF THE INVIOLABILITY OF PRIVATE PREMISES .

4 . THE EXERCISE OF THE RIGHT OF THE HIGH AUTHORITY TO MAKE CHECKS MUST IN PRINCIPLE BE CONFINED TO THE ACTIVITIES OF UNDERTAKINGS IN THE COAL - AND STEEL-PRODUCING SECTORS .

HOWEVER, THE HIGH AUTHORITY MAY CLAIM A RIGHT TO INSPECT THE WHOLE ADMINISTRATION OF AN UNDERTAKING WHICH IS ONLY PARTLY CONCERNED WITH PRODUCTION GOVERNED BY THE PROVISIONS OF THE ECSC TREATY, IN ORDER TO ENSURE THAT THE DIVISION BETWEEN THOSE SECTORS OF PRODUCTION WHICH ARE SUBJECT TO THE TREATY AND THOSE WHICH ARE NOT IS CORRECT AND THAT THERE IS NO DISCREPANCY BETWEEN THE ACCOUNTS OF THE TWO SECTIONS WHICH MIGHT DISCLOSE A VIOLATION OF THE TREATY .

5 . THE FIRST PARAGRAPH OF ARTICLE 47 DOES NOT REQUIRE THE HIGH AUTHORITY TO INDICATE PRECISELY BEFORE THE CHECKS ARE MADE THE POINTS TO WHICH THEY REFER .

THE NEED FOR THE INFORMATION REQUIRED BY THE HIGH AUTHORITY MUST BE SHOWN CLEARLY IN THE DECISION BUT, IN THIS RESPECT, THE AIM PURSUED MAY CONSTITUTE THE SOLE CRITERION .