NV OF ZOLDER HAVE BEEN FIXED AT 220 000 METRIC TONS PER ANNUM ON THE BASIS OF A NEW CONTRACT VALID UNTIL 31 DECEMBER 1976 ,
_ THE FREIGHT RATE UNDER SPECIAL TARIFF N 214 IS CURRENTLY DM 14 * 60 PER METRIC TON , FOLLOWING RATE INCREASES WHICH HAVE OCCURRED IN THE MEANTIME , WHICH REPRESENTS A REDUCTION OF 13 TO 16 % COMPARED WITH THE NORMALLY APPLICABLE RATES , DEPENDING ON THE METRIC TONNAGE CARRIED BY COMPLETE TRAINS AND THE FREQUENCY WITH WHICH SUCH CARRIAGE IS EFFECTED ,
_ THE FREIGHT RATE UNDER INTERNATIONAL TARIFF N 1235 FOR THE CARRIAGE OF COAL EXCHANGED BETWEEN KEMPENSE STEENKOLENMIJNEN NV OF ZOLDER AND ESCHWEILER BERGWERKS-VEREIN OF ALSDORF IS CURRENTLY BFRS 100 PER METRIC TON , WITH DM 2 * 40 PER METRIC TON BEING PAID BY THE DB ,
_ THE STOPPAGE OF THE CARRIAGE OF COAL FROM AHLEN TO ALSDORF AND THEREFORE ALSO FROM ALSDORF TO ZOLDER WOULD MEAN A LOSS OF REVENUE OF SOME DM 8 MILLION PER ANNUM IN VIEW OF THE QUANTITIES OF COAL WHICH ARE CURRENTLY TRANSPORTED OVER THAT ROUTE .
WHEREAS IN REPLY TO THE COMMISSION'S WRITTEN QUESTION OF 18 JULY 1974 , THE GERMAN GOVERNMENT CONFIRMED IN A LETTER OF 4 OCTOBER 1974 FROM ITS PERMANENT REPRESENTATION THAT THE REVENUE FROM THE APPLICATION OF SPECIAL TARIFF N 214 COVERED THE COSTS OF THE CARRIAGE CONCERNED AND HELPED TO IMPROVE THE FINANCIAL POSITION OF THE " DEUTSCHE BUNDESBAHN " ; WHEREAS THE TARIFF IS APPLIED SOLELY IN THE INTERESTS OF THE " DEUTSCHE BUNDESBAHN " ; WHEREAS THE GERMAN GOVERNMENT HAS NOT SUPPLIED THE NECESSARY SUPPORTING DOCUMENTS ON THE GROUND THAT , PURSUANT TO SECTION 14 OF THE FEDERAL RAILWAYS LAW , THE FEDERAL MINISTER FOR TRANSPORT HAD EXAMINED THE TARIFF IN QUESTION ; WHEREAS IT WAS THEREFORE NOT THE COMMISSION'S RESPONSIBILITY TO CHECK THE STATEMENTS MADE BY THE GERMAN GOVERNMENT ;
II
WHEREAS PURSUANT TO ARTICLE 70 ( 4 ) OF THE ECSC TREATY , THE APPLICATION OF SPECIAL INTERNAL RATES AND CONDITIONS IN THE INTEREST OF ONE OR MORE COAL-OR-STEEL-PRODUCING UNDERTAKINGS REQUIRES THE PRIOR AGREEMENT OF THE COMMISSION ; WHEREAS THIS PROVISION RELATES NOT ONLY TO SPECIAL RATES ADOPTED IN THE INTEREST OF COAL AND STEEL UNDERTAKINGS BUT TO ALL SPECIAL RATES WHICH , WHATEVER THE REASONS FOR THEIR INTRODUCTION , BENEFIT ONE OR MORE OF SUCH UNDERTAKINGS ; WHEREAS THE COMMISSION MUST AGREE TO THE INTRODUCTION OF SUCH RATES IF THEY ARE IN ACCORDANCE WITH THE PRINCIPLES OF THE ECSC TREATY ; WHEREAS IN PRINCIPLE THE COMMISSION CAN BE EXPECTED TO AGREE WHEREVER ITS APPLICATION CAN BE JUSTIFIED BY REFERENCE TO THE PARTICULAR CONDITIONS ON THE TRANSPORT MARKET ; WHEREAS A TRANSPORT UNDERTAKING'S WISH TO APPLY A SPECIAL TARIFF IN ORDER TO KEEP A PARTICULAR SERVICE IN OPERATION CANNOT BE CONSIDERED IF IT IS NOT COMPATIBLE WITH THE PROPER FUNCTIONING OF THE COMMON MARKET IN COAL AND STEEL PURSUANT TO THE PROVISIONS OF THE ECSC TREATY ;
WHEREAS SPECIAL TARIFF N 214