BE ADMISSIBLE ONLY IF EQUALIZATION HAD NECESSARILY AND IN ALL CIRCUMSTANCES TO COVER THE ENTIRE DIFFERENCE BETWEEN THE REDUCED SELLING PRICES AND RECEIPTS AT THE BEGINNING OF THE TRANSITIONAL PERIOD . THAT IS NOT THE CASE, SINCE EQUALIZATION IS ONLY A NECESSARY PROTECTIVE MEASURE TO AVOID HURRIED AND DANGEROUS SHIFTS IN PRODUCTION LEVELS . IN ACCORDANCE WITH ARTICLE 24 OF THE CONVENTION THE SPECIAL SYSTEM ESTABLISHED FOR THAT PURPOSE MUST TAKE ACCOUNT OF SITUATIONS EXISTING WHEN THE COMMON MARKET IS ESTABLISHED . HOWEVER, IT IS NOT POSSIBLE TO INTERPRET THAT PROVISION WIDELY, AS GUARANTEEING THE MAINTENANCE OF THE ORIGINAL LEVEL OF RECEIPTS . THE INTRODUCTION OF A SPECIAL SYSTEM, SUCH AS THE EQUALIZATION SCHEME, IS TO BE EXPLAINED BY THE EXISTENCE IN BELGIUM OF CERTAIN CONDITIONS OF PRODUCTION WHICH ARE INHERENTLY DIFFERENT FROM THOSE IN OTHER COUNTRIES PARTICIPATING IN THE COMMON MARKET . EQUALIZATION MUST, THEREFORE, NOT EXCEED THE LIMITS OF WHAT IS STRICTLY NECESSARY IN ORDER TO NEUTRALIZE TO A CERTAIN EXTENT THE EFFECTS OF THE DISADVANTAGE RESULTING FROM THOSE DIFFERENCES, WHICH DOES NOT IMPLY A GUARANTEE THAT THE ORIGINAL LEVEL OF RECEIPTS WILL BE MAINTAINED . THE QUESTION OF THE EXTENT TO WHICH THE TOTAL OF SELLING PRICES AND EQUALIZATION PAYMENTS - WHICH DETERMINES THE RECEIPTS OF THE UNDERTAKINGS - MUST VARY DURING THE TRANSITIONAL PERIOD IS A QUESTION WHICH THE HIGH AUTHORITY MUST EXAMINE IN THE LIGHT OF THE PROGRESS OF THE PROGRAMMES FOR THE RE-EQUIPMENT AND REORGANIZATION OF THE BELGIAN MINES .
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FURTHERMORE, IF THE PURPOSE OF EQUALIZATION WAS TO GUARANTEE THE MAINTENANCE OF ORIGINAL LEVELS OF RECEIPTS, IT WOULD BE IN CONTRADICTION WITH THE PRINCIPLE OF THE DECREASE OF THE EQUALIZATION LEVY LAID DOWN IN ARTICLE 25 OF THE CONVENTION . IN ADDITION, ARTICLE 1 OF THE CONVENTION REFERS TO PRODUCTION BEING PROGRESSIVELY ADAPTED TO THE NEW CONDITIONS RESULTING FROM THE ESTABLISHMENT OF THE COMMON MARKET AND NOT TO THE NEW CONDITIONS BEING ADAPTED TO THE MAINTENANCE OF SITUATIONS EXISTING AT THE BEGINNING OF THE TRANSITIONAL PERIOD .
MOREOVER, IF, AS THE APPLICANTS MAINTAIN, EQUALIZATION WAS INTENDED TO ENSURE THAT THE COLLIERIES HAVE THE FINANCIAL RESOURCES AVAILABLE WHICH ARE REGARDED AS INDISPENSABLE TO THE IMPLEMENTATION OF THEIR RE-EQUIPMENT PROGRAMMES, THE AIM OF THE EQUALIZATION SCHEME WOULD GREATLY EXCEED THE REASONS FOR ITS ESTABLISHMENT AND WOULD TRANSFORM IT INTO A MEASURE INTENDED TO CONTRIBUTE ACTIVELY AND DIRECTLY TO THE REORGANIZATION OF THE BELGIAN MINES, WHICH WOULD BE CONTRARY TO THE RATHER PASSIVE NATURE OF A PROTECTIVE MEASURE .
FINALLY, THE APPLICANTS MAINTAIN THAT EQUALIZATION PAYMENTS MUST BE THE SAME FOR ALL COLLIERIES SINCE THE TREATY AND THE CONVENTION PROVIDE, IN PARTICULAR IN THE FOURTH PARAGRAPH OF ARTICLE 5 AND ARTICLE 62 OF THE TREATY AND IN ARTICLES 24 ( B ) AND 26 ( 4 ) OF THE CONVENTION, FOR SPECIAL MEASURES INTENDED TO IRON OUT THE DIFFERENCES EXISTING BETWEEN THE COLLIERIES CONSIDERED INDIVIDUALLY .
THAT ARGUMENT IS NOT VALID, SINCE ALTHOUGH THE AFOREMENTIONED PROVISIONS PROVIDE FOR MEASURES OTHER THAN EQUALIZATION IN ORDER