WORKERS TO FORM ASSOCIATIONS, IN PARTICULAR IN THE INLAND WATERWAY TRANSPORT SECTOR, MADE PROVISION FOR THE ESTABLISHMENT OF TRADE COOPERATIVES . ACCORDING TO ARTICLE 1, THE OBJECT OF SUCH ASSOCIATIONS MUST BE TO TAKE ALL MEASURES WHICH MAY FURTHER THEIR MEMBERS' ECONOMIC ACTIVITIES . UNDER ARTICLE 36, IN THE INLAND WATERWAY TRANSPORT SECTOR SUCH ASSOCIATIONS MAY BE FORMED ONLY BY UNDERTAKINGS REGISTERED WITH THE CHAMBRE NATIONALE DE LA BATELLERIE ARTISANALE .
13 THE FOUNDATION OF THAT CHAMBER WAS PROVIDED FOR IN A PREVIOUS LAW, THAT OF 30 DECEMBER 1982 ON THE ORGANIZATION OF INLAND TRANSPORT ( OFFICIAL JOURNAL OF THE FRENCH REPUBLIC, 31.12.1982 ). ARTICLE 40 OF THAT LAW PROVIDED THAT THE CHAMBRE NATIONALE DE LA BATELLERIE WAS TO HAVE THE STATUS OF A PUBLIC INSTITUTION AND WAS TO PLAY THE ROLE OF A "CHAMBRE DES METIERS" ( ORGANIZATION REPRESENTING TRADE INTERESTS ) IN THAT SECTOR . ITS TASK WAS TO COORDINATE THE ACTION OF ITS MEMBERS AND TO REPRESENT THE GENERAL INTERESTS OF OWNER-BOATMEN IN RELATIONS WITH THE AUTHORITIES AND WITH BUSINESSES INVOLVED IN INLAND WATERWAY TRANSPORT . ARTICLE 40 STATED THAT A DECREE WOULD SPECIFY THE COMPOSITION OF THE CHAMBRE NATIONALE DE LA BATELLERIE AND THE MANNER IN WHICH IT WAS TO OPERATE . THAT DECREE WAS NOT ADOPTED UNTIL 14 MAY 1984 . UNDER ARTICLE 3 OF THE DECREE, UNDERTAKINGS CARRYING GOODS ON INLAND WATERWAY VESSELS REGISTERED IN FRANCE MUST BE ENTERED IN THE REGISTER OF OWNER-BOATMEN . UNDER ARTICLE 79 OF THE INLAND WATERWAY AND SHIPPING CODE, ONLY VESSELS MORE THAN 50% OWNED BY FRENCH NATIONALS MAY BE REGISTERED IN FRANCE, AND IT FOLLOWS THAT ONLY FRENCH UNDERTAKINGS ARE ENTERED ON THE REGISTER OF THE CHAMBRE NATIONALE DE LA BATELLERIE ARTISANALE .
14 ON 12 OCTOBER 1983 FRENCH OWNER-BOATMEN ESTABLISHED EATE . ACCORDING TO ITS CONSTITUTION, EATE MUST ENDEAVOUR TO OBTAIN NEW CARGOES BY OFFERING SHIPPERS FAVOURABLE TERMS, IN PARTICULAR REBATES, TO ENTER THEIR CARGOES IN THE QUEUING SYSTEM . IN ACCORDANCE WITH ARTICLE 36 OF LAW 83-657, REFERRED TO ABOVE, THE CONSTITUTION OF EATE PROVIDES THAT ONLY BOATMEN ENTERED IN THE REGISTER OF THE CHAMBRE NATIONALE DE LA BATELLERIE MAY BECOME MEMBERS OF EATE .
15 ASSOCIATIONS OF BELGIAN AND DUTCH BOATMEN SUBMITTED COMPLAINTS TO THE COMMISSION CONCERNING THE INTRODUCTION OF THE EATE LEVY . ON 10 JULY 1985 THE COMMISSION ADOPTED A DECISION HOLDING THAT AN INFRINGEMENT HAD BEEN COMMITTED AND REFUSING EXEMPTION .
16 THE COMMISSION CONSIDERED FIRST OF ALL THAT TWO OF THE PROVISIONS OF THE INTER-ASSOCIATION AGREEMENT, NAMELY THE INTRODUCTION OF THE LEVY ON EXPORT TRAFFIC AND THE POSSIBILITY OF A SELECTIVE REFUND OF THE LEVY, WERE DISCRIMINATORY AND HAD AN ANTI-COMPETITIVE EFFECT IN RELATION TO UNDERTAKINGS NOT PARTY TO THE AGREEMENT . ACCORDING TO THE COMMISSION, THE INTRODUCTION OF THE LEVY WAS DISCRIMINATORY IN RELATION TO FOREIGN BOATMEN WHO, BECAUSE OF THEIR LIMITED ACCESS TO FRENCH INLAND TRAFFIC, COULD NOT BENEFIT FROM THE INTENDED PROMOTION OF THAT TRAFFIC TO A DEGREE CONCOMITANT WITH THEIR FINANCIAL CONTRIBUTION AND WHOSE COMPETITIVE POSITION