THAT OBSERVATION APPLIES IN THE PRESENT CASE NOTWITHSTANDING THE FACT THAT PROGRESS TOWARDS THE ACHIEVEMENT OF A COMMON TRANSPORT POLICY IN ACCORDANCE WITH ARTICLE 75 MUST CONTINUE , OR THE FACT THAT A SUBSTANTIAL PART OF THAT WORK OUGHT , ACCORDING TO ARTICLE 75 ( 2 ), TO HAVE BEEN COMPLETED BEFORE THE EXPIRY OF THE TRANSITIONAL PERIOD .
2 . FREEDOM TO PROVIDE SERVICES IN RELATION TO TRANSPORT
54 THE PARLIAMENT AND THE COMMISSION CLAIM IN THIS RESPECT THAT NOT ONLY DO THE PROVISIONS OF ARTICLE 75 ( 1)(A ) AND ( B ) REQUIRE COMMON RULES APPLICABLE TO INTERNATIONAL TRANSPORT AND THE CONDITIONS UNDER WHICH NON-RESIDENT CARRIERS MAY OPERATE TRANSPORT SERVICES TO BE ADOPTED WITHIN A CERTAIN PERIOD , BUT THEY ALSO IMPOSE ON THE COUNCIL OBLIGATIONS SUFFICIENTLY SPECIFIC TO BE CAPABLE OF BEING THE SUBJECT OF A FINDING OF FAILURE TO ACT UNDER ARTICLE 175 OF THE TREATY . BOTH INSTITUTIONS STRESS THE CLOSE RELATIONSHIP BETWEEN THOSE PROVISIONS AND FREEDOM TO PROVIDE SERVICES , THE ACHIEVEMENT OF WHICH IS ONE OF THE MAIN TASKS ENTRUSTED TO THE COMMUNITY .
55 THE COUNCIL CONTESTS THAT ARGUMENT ON THE BASIS THAT EVEN IN THE AREA COVERED BY ARTICLE 75 ( 1)(A ) AND ( B ) THE SUBSTANCE AND AIM OF THE RULES TO BE ADOPTED ARE NOT SUFFICIENTLY DEFINED .
56 THE COMMISSION POINTS OUT THAT IN ANY EVENT THE COMMON TRANSPORT POLICY CALLED FOR BY THE TREATY CONTAINS ONE ELEMENT , THE SUBSTANCE OF WHICH IS SUFFICIENTLY WELL-DEFINED TO BE CLASSIFIED AS A SPECIFIC OBLIGATION , NAMELY FREEDOM TO PROVIDE SERVICES . THE SCOPE OF THAT OBLIGATION CAN BE DETERMINED ON THE BASIS OF THE PROVISIONS OF THE TREATY RELATING TO THE PROVISION OF SERVICES , IN PARTICULAR ARTICLES 59 AND 60 , AND THE RELEVANT DIRECTIVES AND CASE-LAW .
57 THE NETHERLANDS GOVERNMENT ALSO STRESS THE IMPORTANCE OF FREEDOM TO PROVIDE SERVICES .
58 CONSEQUENTLY , IT IS NECESSARY TO EXAMINE MORE CLOSELY THE ARGUMENTS OF THE PARTIES RELATING TO FREEDOM TO PROVIDE SERVICES IN THE TRANSPORT SECTOR AND ITS RELATIONSHIP WITH THE INTRODUCTION OF A COMMON TRANSPORT POLICY .
59 THE COMMISSION AND THE NETHERLANDS GOVERNMENT POINT OUT THAT THE COURT HAS HELD THE PROVISIONS OF ARTICLES 59 AND 60 TO BE DIRECTLY APPLICABLE SINCE THE EXPIRY OF THE TRANSITIONAL PERIOD . THEY BOTH CONTEND THAT THE FACT THAT ARTICLE 61 REQUIRES THE PROVISION OF SERVICES IN RELATION TO TRANSPORT TO BE LIBERALIZED WITHIN THE FRAMEWORK OF A COMMON TRANSPORT POLICY DOES NOT IN ITSELF CONSTITUTE A SUFFICIENT GROUND FOR SUSPENDING INDEFINITELY THE EFFECT OF THE PROVISIONS RELATING TO SERVICES WHEN THE COUNCIL HAS FOR YEARS FAILED TO INTRODUCE A COMMON POLICY .
60 THE NETHERLANDS GOVERNMENT STATES THAT ACCORDING TO ARTICLE 8 ( 7 ) OF THE TREATY THE EXPIRY OF THE TRANSITIONAL PERIOD IS TO CONSTITUTE THE LATEST DATE BY WHICH ALL THE MEASURES REQUIRED FOR ESTABLISHING THE COMMON MARKET MUST BE IMPLEMENTED ; THERE IS NO GROUND FOR MAKING THE TRANSPORT MARKET