Commission Decision of 12 April 2002 terminating the ECSC/Switzerland Agreement of 28 July 1956 on the setting of through international railway tariffs for the carriage of coal and steel in transit through Swiss territory (Text with EEA relevance)
Date: 2002-04-12
Institutions: European Commission
Subjects: ECSC, European Commission, Switzerland, carriage of goods, rail transport, transit, withdrawal from an agreement

13.4.2002

EN

Official Journal of the European Communities

L 96/27

COMMISSION

COMMISSION DECISION

of 12 April 2002

terminating the ECSC/Switzerland Agreement of 28 July 1956 on the setting of through inter-
national railway tariffs for the carriage of coal and steel in transit through Swiss territory

(Text with EEA relevance)

(2002/275/ECSC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty establishing the European Coal and
Steel Community, and in particular Article 14 thereof,

Having regard to the Agreement of 28 July 1956 on the setting
of through international railway tariffs for the carriage of coal
and steel in transit through Swiss territory (1), and in particular
Article 11 thereof,

Whereas:

(1)

(2)

(3)

(4)

entirely

replaced by

Maintaining the Agreement no longer seems economic-
ally justified, given that the ECSC 9001 tariffs have been
almost
customised contracts
between clients and carriers: Rail transport rates are
based on the rates dictated by other modes of transport,
in particular road transport: Rail transport market forces
and intermodal competition have removed the economic
justification for the Agreement, and Swiss rail operators
for
are not required to apply the ECSC 9001 tariff
transit transport.

Although this Agreement is not subject to a time limit, it
may, under Article 11, nevertheless be terminated by the
Swiss Federal Council or by the High Authority, having
been given a remit to that effect by the Governments of
the Member States of the ECSC, subject to six-months'
advance notice.

Termination of the Agreement by the ECSC Member
States would have no economic consequences for Swit-
zerland, since the Swiss railway companies do not apply
the ECSC 9001 tariff for the transport of ECSC products
in transit.

The Representatives of the Governments of the Member
States of
the European Coal and Steel Community,
meeting within the Council on 17 June 1999 (2), author-
ised the Commission, acting for
the ECSC High
Authority and on behalf of the Representatives of the
Governments of the Member States of the ECSC, to
terminate the abovementioned Agreement.

the European Coal

At their meeting within the Council on 23 October
2001 (3), the Representatives of the Governments of the
Member States of
and Steel
Community terminated the Agreement of 21 March
1955 on the setting of through international railway
tariffs for the carriage of coal and steel (4). Point 7 of the
recitals states that the Commission should terminate the
Agreement of 28 July 1956 on the setting of through
international railway tariffs for the carriage of coal and
in transit through Swiss territory in accordance
steel
with the mandate conferred by the decision taken at the
conference of the Representatives of the Governments of
the Member States of 17 June 1999,
in coordination
with the termination of the 1955 Agreement.

(6)

Additional protocols to this Agreement were drawn up
the successive enlargements (5).
on the occasion of
Termination of the Agreement will result in the auto-
matic cancellation of these additional protocols,

HAS DECIDED AS FOLLOWS:

Sole Article

the Representatives of

The Commission, acting as the ECSC High Authority and on
behalf of
the
Member States of the ECSC, hereby terminates the Agreement
of 28 July 1956 on the setting of through international railway
tariffs for the carriage of coal and steel in transit through Swiss
territory.

the Governments of

Done at Brussels, 12 April 2002.

For the Commission

Loyola DE PALACIO

Vice-President

(1) OJ 17, 29.5.1957, p. 223/57.
(2) OJ L 159, 25.6.1999, p. 52.

(3) OJ L 288, 1.11.2001, p. 38.
(4) OJ 9, 19.4.1955, p. 701/55.
(5) OJ L 12, 18.1.1979, p. 15, OJ L 227, 12.8.1981, p. 11 and OJ L

397, 31.12.1987, p. 7.