ONLY TO ITSELF AND THUS THE CONCEPT 'COMPARABLY PLACED' AND THEREFORE THAT OF 'DISCRIMINATION' WOULD BE RENDERED MEANINGLESS .
3 . IT APPEARS FROM ARTICLE 4 OF THE TREATY THAT IN ARTICLE 70 THE INTENTION OF THE AUTHORS OF THE TREATY WAS TO ELIMINATE DISTORTIONS IN THE COMMON MARKET BY THE HARMONIZATION OF TRANSPORT RATES AND CONDITIONS AND THUS TO ENSURE THAT THE COMMON MARKET WOULD FUNCTION IN ACCORDANCE WITH THE PRINCIPLES LAID DOWN BY THE TREATY .
IN GIVING EXPRESSION TO THAT INTENTION THEY CANNOT HAVE BEEN UNAWARE THAT THE TRANSPORT INDUSTRY IS A BRANCH OF INDUSTRY WHICH IS INDEPENDENT OF THAT OF THE PRODUCTION OF COAL AND STEEL AND THAT IT HAS ITS OWN PROBLEMS, NEEDS AND PROCEDURES . NOR CAN THEY HAVE FAILED TO UNDERSTAND THAT SO LONG AS THAT INDUSTRY HAS NOT BEEN INTEGRATED INTO THE COMMON MARKET ITS DISTINCT NATURE MUST BE RESPECTED AND THAT IT MUST MERELY BE PREVENTED FROM JEOPARDIZING THE OBJECTIVES OF THE TREATY BY ITS ACTIONS .
THEREFORE, AS REGARDS INTERNATIONAL TRANSPORT, ARTICLE 70, WHILST ENVISAGING THE FUTURE HARMONIZATION OF NATIONAL RATES AND CONDITIONS LEAVES TARIFF POLICY UNCONTROLLED AND CONFINES ITSELF TO THE REQUIREMENT THAT WITHIN EACH NATIONAL SYSTEM ANY DISCRIMINATION BASED ON THE POINT OF DEPARTURE OR DESTINATION MUST BE ABOLISHED .
SIMILARLY - AS IS SHOWN BY THE FIFTH PARAGRAPH - IN RESPECT OF INTERNAL TRANSPORT, MEMBER STATES ARE FREE TO PRACTISE THEIR OWN COMMERCIAL POLICY, SUBJECT TO THE PROVISIONS OF THE TREATY .
THERE CAN BE NO DOUBT THAT THE STATES OR TRANSPORT UNDERTAKINGS WOULD COME INTO CONFLICT WITH THOSE PROVISIONS IF, IN SETTING THEIR RATES AND CONDITIONS, THEY TOOK INTO ACCOUNT THE ADVANTAGES AND DISADVANTAGES OF THE LOCATION OF UNDERTAKINGS PRODUCING COAL OR STEEL OR THE QUALITY OF THE DEPOSITS WORKED .
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THE TREATY REQUIRES RATHER THAN IN DRAWING UP THEIR TARIFF PROVISIONS THE STATES OR UNDERTAKINGS SHOULD CONSIDER TRANSPORT CONDITIONS ALONE AND, THEREFORE, THE COMPARABILITY OF THE DIFFERENT ROUTES AND LOCATIONS FROM THE POINT OF VIEW OF TRANSPORT .
4 . UNDER THE FOURTH PARAGRAPH OF ARTICLE 70 OF THE TREATY SPECIAL INTERNAL RATES AND CONDITIONS ARE THOSE WHICH ARE APPLIED IN THE INTEREST OF ONE OR MORE COAL - AND STEEL - PRODUCING UNDERTAKINGS .
THE RATES AND CONDITIONS IN QUESTION, WHICH ALLOW PRICE REDUCTIONS TO CERTAIN CONSUMERS BUT WHICH ARE NOT JUSTIFIED BY THE TRANSPORT CONDITIONS OF THE CONSUMERS WHO BENEFIT FROM THEM, AFFORD DIFFERENT PRICE CONDITIONS TO CONSUMERS WHO ARE OR WHO MIGHT BE COMPARABLY PLACED WITH REGARD TO TRANSPORT . THEY THEREFORE CONSTITUTE RATES AND CONDITIONS PROHIBITED BY ARTICLE 4 ( B ) AND THE FIRST PARAGRAPH OF ARTICLE 70 .
MOREOVER, THE COMMON MARKET IS BASED ON THE PRINCIPLE THAT CONDITIONS OF COMPETITION BETWEEN COAL - AND STEEL-PRODUCING UNDERTAKINGS MUST RESULT FROM THEIR NATURAL AND UNDISTORTED PRODUCTION CONDITIONS . ALL SPECIAL INTERNAL RATES AND CONDITIONS INVOLVING AN ELEMENT OF AID OR SUBSIDY CONTRAVENE THAT PRINCIPLE IN THAT THEIR EFFECT IS ARTIFICIALLY TO ALTER THE PRODUCTION CONDITIONS WHICH ARE