IN SPITE OF EFFORTS TOWARDS RATIONALIZATION AND MODERNIZATION THE LATTER HAVE STILL NOT ENTIRELY OVERCOME THEIR DIFFICULTIES , IN PARTICULAR BECAUSE OF NEW DISADVANTAGES RESULTING FROM THE INCREASED COST OF COKE , WHICH HAS A MORE PRONOUNCED EFFECT ON THE USE OF FRENCH ORE DUE TO THE GREATER CONSUMPTION OF COKE THAT THIS ENTAILS ;
WHEREAS UNDER THE PRESENT CIRCUMSTANCES GOVERNING THE SUPPLY OF RAW MATERIALS TO THE COMMUNITY THE GRANTING FOR A FURTHER PERIOD OF TARIFF REDUCTIONS IN FAVOUR OF THE IRON PRODUCERS CAN HELP THEM IN THEIR RESTRUCTURING AND MODERNIZATION EFFORTS AND THUS ENABLE THEM TO MAKE AN EFFECTIVE CONTRIBUTION TO SUPPLYING THE COMMUNITY IRON AND STEEL INDUSTRY ;
WHEREAS UNDER THESE CONDITIONS AND EVEN IF , BECAUSE OF PRESENT CIRCUMSTANCES , IN PARTICULAR THE STATE OF THE WORLD MARKET IN IRON ORE AT THIS TIME , THERE SEEMS TO BE LITTLE RISK IN THE SHORT-TERM OF A REDUCTION IN THE PRESENT VOLUME OF TRADE IN FRENCH IRON ORE , CONTINUED APPLICATION OF THE SPECIAL TARIFF MEASURES IN QUESTION APPEARS JUSTIFIED ; WHEREAS THE INTEREST OF THE SNCF AND THE CFL AS INVOKED BY THE FRENCH AND LUXEMBOURG GOVERNMENTS HAVE NOT BEEN ESTABLISHED , BECAUSE BOTH GOVERNMENTS HAVE FAILED TO PROVIDE THE PROOF REQUESTED BY THE COMMISSION THAT THE APPLICATION OF THESE TARIFF MEASURES WILL ACTUALLY IMPROVE THE OPERATING RESULTS OF THE TWO RAILWAYS ; WHEREAS THE INTEREST OF THE SNCF AND THE CFL ARE NOT HOWEVER DECISIVE SINCE THE AIM OF THE AID IS NOT DISPUTED ; WHEREAS THESE MEASURES ARE COMPATIBLE WITH THE PRINCIPLES OF THE TREATY ESTABLISHING THE ECSC AND WHEREAS THEIR APPLICATION IS NOT LIABLE TO HAVE A DISTURBING EFFECT UPON THE COMMON MARKET ;
WHEREAS THE PERIOD FOR WHICH CONTINUED APPLICATION HAS BEEN REQUESTED BY THE GOVERNMENTS CONCERNED IS LIMITED TO TWO YEARS ; WHEREAS BECAUSE OF THE SHORTNESS OF THIS PERIOD AND HAVING REGARD TO THE TERMS ON WHICH THE TARIFF REDUCTIONS AUTHORIZED ARE APPLIED , IT DOES NOT APPEAR NECESSARY TO PROVIDE FOR SUCH REDUCTIONS TO BE GRADUALLY SCALED DOWN OVER THIS PERIOD , EVEN THOUGH THE TARIFF AID THUS GRANTED TO CERTAIN FRENCH PRODUCERS WILL HAVE ACCORDINGLY REMAINED UNCHANGED FOR A TOTAL PERIOD OF ALMOST 10 YEARS ;
WHEREAS THE COMMISSION MUST RESERVE THE RIGHT TO REVIEW ITS DECISION WHENEVER THE CIRCUMSTANCES GIVING RISE TO IT VARY OR NO LONGER APPLY ;
HAS ADOPTED THIS DECISION :
ARTICLE 1
AUTHORIZATION IS HEREBY GIVEN , UNTIL 31 DECEMBER 1976 , FOR THE APPLICATION TO THE CARRIAGE BY RAIL OF LORRAINE IRON ORE AND IRON ORE FROM WESTERN FRANCE TO BELGIUM , LUXEMBOURG AND THE SAAR OF THE FOLLOWING SPECIAL TARIFF MEASURES :
- FRANCO-GERMAN TARIFF NO 5001 - PART III AND THE TARIFF SUBSIDY ( FRACHTHILFE ) GRANTED PURSUANT TO THE DIRECTIVES FROM THE BUNDESMINISTER FUER WIRTSCHAFT ,
- FRANCO-BELGIAN TARIFFS NO 5040 - PART III AND NO 5040-01 ,
- FRANCO-LUXEMBOURG TARIFFS NO 5024 - PART III A AND NO 5024-05
WITH THE TARIFF REDUCTIONS IN FORCE ON 31 DECEMBER