COULD NOT THEREFORE DERIVE THE SAME ADVANTAGES FROM EATE' S ACTIVITIES AS FRENCH BOATMEN .
22 FURTHERMORE, THERE IS LITTLE RELEVANCE IN THE FACT THAT THERE IS NO COMPETITION BETWEEN FRENCH BOATMEN AND BOATMEN WHO ARE NATIONALS OF OTHER MEMBER STATES ON THE MARKET FOR INLAND TRAFFIC INASMUCH AS THE COMMISSION, IN ITS DECISION, HELD THAT COMPETITION WAS RESTRICTED ON THE MARKET FOR EXPORT TRAFFIC .
23 FINALLY, WITH REGARD TO THE ALLEGED FAILURE TO STATE SUFFICIENT REASONS FROM THE POINT OF VIEW OF THE ANTI-COMPETITIVE NATURE OF THE AGREEMENT, IT MUST BE CONCLUDED THAT IN THE CIRCUMSTANCES OF THIS CASE THERE WAS NO NEED FOR THE COMMISSION TO PROVIDE LENGTHY EXPLANATIONS IN THAT RESPECT . THE INCOME OF BOATMEN WHO WERE NATIONALS OF OTHER MEMBER STATES WAS CUT BY 10%, AND THAT CUT WAS NOT OFFSET BY THE OBTAINING OF NEW CHARTER-PARTIES . IT IS THEREFORE OBVIOUS THAT THOSE BOATMEN HAD TO BEAR A SUBSTANTIAL ADDITIONAL COST WHICH WOULD INEVITABLY FORCE THEM TO INCREASE THEIR PRICES OR DECLINE TO CARRY CARGOES FOR WHICH THE RATES OFFERED WERE TOO LOW, AND AFFECTED THEIR ABILITY TO COMPETE .
24 IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT THE FIRST SUBMISSION MUST BE REJECTED .
THE RULES GOVERNING REFUNDS OF THE EATE LEVY
25 THE APPLICANT SUBMITS THAT WHEN THE INTER-ASSOCIATION AGREEMENT WAS CONCLUDED, IT WAS NOT AWARE THAT FOREIGN BOATMEN COULD NOT BECOME MEMBERS OF EATE AND WOULD THEREFORE BE UNABLE TO OBTAIN A REFUND OF THE EATE LEVY . IT WAS ONLY ON 10 MAY 1984, WHEN THE DECREE ON THE FUNCTIONING OF THE CHAMBRE NATIONALE DE LA BATELLERIE WAS ADOPTED, THAT IT BECAME APPARENT THAT FOREIGN BOATMEN WOULD NOT BE ENTERED IN THE REGISTER OF THE CHAMBER AND COULD NOT THEREFORE BECOME MEMBERS OF EATE, SINCE UNDER ITS CONSTITUTION ONLY BOATMEN ENTERED IN THAT REGISTER COULD BECOME MEMBERS .
26 IT MUST BE POINTED OUT THAT THE INTER-ASSOCIATION AGREEMENT WAS ENTERED INTO ON 13 JUNE 1983 IN THE EXPECTATION THAT EATE WOULD BE ESTABLISHED IN THE FORM OF A TRADE COOPERATIVE . AT THAT TIME THE APPLICANT MUST HAVE BEEN AWARE OF THE SUBSTANCE OF THE DRAFT LAW WHICH WOULD MAKE IT POSSIBLE FOR THE NEW ASSOCIATION TO ADOPT THAT STRUCTURE, NAMELY THE DRAFT WHICH BECAME LAW 83-657, PROMULGATED ON 20 JULY 1983 . IT MUST THEREFORE HAVE BEEN EQUALLY AWARE THAT IN THE INLAND WATERWAY TRANSPORT SECTOR IT WAS NECESSARY FOR THE MEMBERS OF A TRADE COOPERATIVE TO BE ENTERED IN THE REGISTER OF THE CHAMBRE NATIONALE DE LA BATELLERIE ARTISANALE .
27 IT IS TRUE THAT WHEN THE INTER-ASSOCIATION AGREEMENT WAS ENTERED INTO THERE WAS NO LEGISLATION STATING THAT ONLY FRENCH BOATMEN WOULD BE ENTERED IN THAT REGISTER . HOWEVER, UNDER ARTICLE 40 OF THE LAW OF 30 DECEMBER 1982 ON THE ORGANIZATION OF INLAND TRANSPORT THE CHAMBRE NATIONALE DE LA BATELLERIE ARTISANALE WAS TO REPRESENT THE GENERAL INTERESTS OF OWNER-BOATMEN IN RELATIONS WITH THE FRENCH AUTHORITIES . IT WAS THEREFORE FORESEEABLE WHEN THE INTER-ASSOCIATION AGREEMENT WAS ENTERED