A TIME-LIMIT FOR SUCH COMPLIANCE IT MUST BE INFERRED THAT THE COUNCIL HAS A REASONABLE PERIOD FOR THAT PURPOSE . IT IS NOT NECESSARY IN THE PRESENT JUDGMENT TO CONSIDER WHAT WOULD BE THE CONSEQUENCES IF THE COUNCIL STILL FAILS TO ACT .
70 ACCORDINGLY , THE COURT MUST FIND THAT IN BREACH OF THE TREATY THE COUNCIL HAS FAILED TO ENSURE FREEDOM TO PROVIDE SERVICES IN THE SPHERE OF INTERNATIONAL TRANSPORT AND TO LAY DOWN THE CONDITIONS UNDER WHICH NON-RESIDENT CARRIERS MAY OPERATE TRANSPORT SERVICES IN A MEMBER STATE .
71 THE COUNCIL IS AT LIBERTY TO ADOPT , IN ADDITION TO THE REQUISITE MEASURES OF LIBERALIZATION , SUCH ACCOMPANYING MEASURES AS IT CONSIDERS NECESSARY AND TO DO SO IN THE ORDER IT HOLDS TO BE APPROPRIATE .
E . THE SECOND CLAIM : THE FAILURE TO TAKE A DECISION ON THE 16 PROPOSALS OF THE COMMISSION
72 THE PARLIAMENT ' S SECOND CLAIM RELATES TO THE COUNCIL ' S FAILURE TO DEAL WITH THE 16 PROPOSALS OF THE COMMISSION SET OUT IN THE APPLICATION . THE PARLIAMENT HAD ALREADY GIVEN ITS OPINION ON ALL THOSE PROPOSALS .
73 TWO OF THE PROPOSALS WERE ADOPTED BY THE COUNCIL BEFORE THE ORAL PROCEDURE ; THE PARLIAMENT STATED THAT IN THE CIRCUMSTANCES IT WITHDREW THOSE TWO PROPOSALS FROM THE LIST WHICH IT HAD SUBMITTED . THE PARLIAMENT WAS UNABLE TO WITHDRAW A THIRD PROPOSAL WHICH WAS ADOPTED AFTER AMENDMENT BY THE COUNCIL AFTER THE ORAL PROCEDURE AND BECAME THE DIRECTIVE ON WEIGHTS , DIMENSIONS AND CERTAIN OTHER TECHNICAL CHARACTERISTICS OF CERTAIN ROAD VEHICLES ( DIRECTIVE NO 85/3 OF 19 DECEMBER 1984 , OFFICIAL JOURNAL 1985 , L 2 , P . 14 ). IT IS COMMON GROUND THAT A FOURTH PROPOSAL IN THE PARLIAMENT ' S LIST WAS REJECTED BY THE COUNCIL AND THAT A FIFTH LOST ITS PURPOSE SINCE ITS SUBSTANCE WAS INCORPORATED BY THE COUNCIL IN ANOTHER DIRECTIVE .
74 THE PARLIAMENT CONSIDERS THAT ARTICLES 74 AND 75 OF THE TREATY REQUIRE THE COUNCIL TO COME TO A DECISION WITHIN A REASONABLE PERIOD ON PROPOSALS WHICH THE COMMISSION SUBMITS TO IT IN RELATION TO TRANSPORT . THE COUNCIL IS NOT OBLIGED TO ADOPT A PROPOSAL AS SUBMITTED TO IT BY THE COMMISSION , BUT IS REQUIRED TO DECIDE ON IT IN ONE WAY OR ANOTHER .
75 THAT VIEW IMPLIES THAT THE OBLIGATION OF THE COUNCIL TO WHICH THE PARLIAMENT REFERS FORMS PART OF ITS GENERAL OBLIGATION TO INTRODUCE A COMMON TRANSPORT POLICY , IN SO FAR AS THAT POLICY MUST BE DETERMINED WITHIN A CERTAIN PERIOD . IN THOSE CIRCUMSTANCES ONLY THE PROPOSALS CONCERNING MATTERS COVERED BY ARTICLE 75 ( 1)(A ) AND ( B ) CAN COME INTO CONSIDERATION .
76 ONLY ONE OF THE PROPOSALS REFERRED TO IS BASED ON ARTICLE 75 ( 1)(B ), NAMELY THE PROPOSAL FOR A REGULATION ON ACCESS TO THE MARKET IN TRANSPORT BY INLAND WATERWAY , SUBMITTED TO THE COUNCIL IN 1967 . IT APPEARS FROM THE OBSERVATIONS OF THE