THE OKU BUT AUTHORIZES SOREMA'S OWN MEMBERSHIP OF THAT BODY FOR A LIMITED PERIOD .
DECISION NO 12/60 OF 18 MAY 1960 AMENDED DECISION NO 31/59 BY REMOVING THE TIME-LIMIT OF 31 MARCH 1960 FROM THE AUTHORIZATION OF SOREMA'S MEMBERSHIP OF OKU .
DECISION NO 12/60 IS BASED ON THE FOLLOWING GROUNDS :
' WHEREAS BY DECISION NO 31/59 OF 27 MAY 1959 THE HIGH AUTHORITY AUTHORIZED THE SOCIETE RHENANE D' EXPLOITATION ET DE MANUTENTION ( SOREMA ) S.A.R.L . TO BE A MEMBER OF THE OBERRHEINISCHE KOHLENUNION ( OKU ) UNTIL 31 MARCH 1960 AND WHEREAS SOREMA HAS ASKED, IN AGREEMENT WITH THE OBERRHEINISCHE KOHLENUNION, THAT ITS MEMBERSHOP OF THAT BODY BE EXTENDED UNTIL 31 MARCH 1962;
WHEREAS THE LINK PROVIDED FOR IN DECISION NO 31/59 BETWEEN THE OBERRHEINISCHE KOHLENUNION AND THE FRENCH MERCHANTS BELONGING TO SOREMA AND SUPPLIED IN PART BY THE AREA OF THE UPPER RHINE WAS INTENDED TO BE RETAINED UNTIL THE MARKET SITUATION HAD IMPROVED; AND WHEREAS FOR THIS REASON A TRANSITIONAL ARRANGEMENT WAS PROVISIONALLY ADOPTED UNTIL 31 MARCH 1960; AND WHEREAS, HAVING REGARD TO THE DEVELOPMENT OF THE MARKET UP TO THAT DATE, THE REASONS FOR THIS TRANSITIONAL ARRANGEMENT STILL EXIST; AND WHEREAS IT MAY THEREFORE BE EXTENDED UNTIL 31 MARCH 1962, THIS BEING THE DATE OF EXPIRY OF THE AUTHORIZATION GRANTED FOR THE OBERRHEINISCHE KOHLENUNION AND IT IS THEREFORE PERMISSIBLE TO PROCEED TO AN EXAMINATION OF THE MARKET SITUATION AND TO A UNIFORM ADAPTATION OF COMMERCIAL ARRANGEMENTS, AND FOR THIS EXAMINATION SOREMA MUST SUBMIT EVIDENCE, ON THE BASIS OF THE EXPERIENCE GAINED MEANWHILE, SHOWING WHETHER, AND, IF SO, TO WHAT EXTENT, ITS MEMBERSHIP OF THE OKU IS CONTRIBUTING TO A SUBSTANTIAL IMPROVEMENT IN DISTRIBUTION '.
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IT FOLLOWS THAT SO FAR AS SOREMA IS CONCERNED DECISIONS NOS 31/59 AND 12/60 AMOUNT TO AN AMENDMENT OF DECISION NO 19/57 BOTH AS TO ITS INTENT AND ITS JUSTIFICATION .
BY DECISION NO 3/62 OF 28 MARCH 1962 THE AUTHORIZATION OF SOREMA'S MEMBERSHIP OF THE OKU WAS RENEWED ' FOR A TRANSITIONAL PERIOD THE DURATION OF WHICH SHALL BE FIXED BY A SUBSEQUENT DECISION OF THE HIGH AUTHORITY '. THIS DECISION STATES, ON THE ONE HAND, THAT THE GROUNDS PREVENTING THE MERCHANTS GROUPED IN SOREMA FROM DIRECT MEMBERSHIP OF THE OKU, NAMELY THAT ' IT IS IMPOSSIBLE FOR THEM FOR A VARIETY OF REASONS TO DRAW COAL SUPPLIES FROM THE RUHR ', DISAPPEARED DURING 1961 OWING TO THE INSTITUTION OF TRANSITIONAL ARRANGEMENTS FOR DIRECT ACCESS TO THE COAL SELLING AGENCIES OF THE RUHR AND, ON THE OTHER HAND, THAT ' IT IS STILL NOT POSSIBLE AT THE PRESENT TIME TO FORM A CLEAR CONCEPTION OF THE FINAL SHAPE OF THESE TRADING RULES AND THEIR EFFECTS ON FRENCH TRADE ' AND THAT ' FOR THESE REASONS THE HIGH AUTHORITY CONSIDERS THAT FOR THE TIME BEING SOREMA'S CONTINUED MEMBERSHIP OF THE OBERRHEINISCHE KOHLENUNION IS JUSTIFIED IN THE INTERESTS OF AN IMPROVEMENT IN COAL DISTRIBUTION AND MARKET SUPPLIES '.
IT FOLLOWS FROM THE ABOVE THAT DECISION NO 31/59 OF