OF JUSTICE, PREVENT THE AUTHORIZATION OF THE SPECIAL RATES AND CONDITIONS REFERRED TO IN THE FOURTH PARAGRAPH OF ARTICLE 70 OF THE TREATY, EXCEPT WHERE NECESSARY TO ENABLE THE UNDERTAKINGS IN WHOSE FAVOUR THEY OPERATE TO OVERCOME EXCEPTIONAL AND TEMPORARY DIFFICULTIES RESULTING FROM UNFORESEEABLE CIRCUMSTANCES WHICH ARE LIKELY TO RESULT IN A SITUATION IN WHICH THE COMPOSITION OF THE PRODUCTION COSTS NO LONGER CORRESPONDS TO THE NATURAL CONDITIONS IN WHICH THESE UNDERTAKINGS ARE PLACED . IN THIS RESPECT THE APPLICANT MAINTAINS, FIRST, THAT THE CHANGE WHICH HAS TAKEN PLACE IN THE CONDITIONS OF COMPETITION OF THE UNDERTAKINGS OF THE SAARLAND FOLLOWING THE CANALIZATION OF THE MOSELLE, THE MAIN AND THE NECKAR IS OF A PERMANENT RATHER THAN A TEMPORARY NATURE .
SECONDLY, THE APPLICANT MAINTAINS THAT, AS THE IMPROVEMENT IN LINES OF COMMUNICATIONS CARRIED OUT BY PUBLIC WORKS AUTHORITIES IS ONE OF THE CONSTANT PREOCCUPATIONS OF THE PUBLIC AUTHORITIES IN ALL THE MEMBER STATES, IT CANNOT BE REGARDED AS AN UNFORESEEABLE CIRCUMSTANCE . IT FURTHER MAINTAINS THAT THE NATURAL CONDITIONS IN WHICH THE UNDERTAKINGS OPERATE INCLUDE THE PHYSICAL AND TECHNICAL CONDITIONS PECULIAR TO EACH OF THE VARIOUS PRODUCERS, AS THEY ARE CONSTANTLY CHANGING OR, AT LEAST, ARE SUBJECT TO CONSTANT VARIATIONS, EVEN THOUGH THESE VARIATIONS ARE THE RESULT OF HUMAN INTERVENTION . AMONG THESE NATURAL CONDITIONS MUST BE INCLUDED THE POSITION OF THE UNDERTAKINGS IN THE LIGHT OF THE INFRASTRUCTURE OF TRANSPORT AS IT EXISTS AND AS IT MAY BE CHANGED AT ANY TIME . FOR THIS REASON IT IS CONTENDED THAT A MODIFICATION IN THIS INFRASTRUCTURE, LIKE THAT WHICH HAS TAKEN PLACE IN THIS INSTANCE, CANNOT CONSTITUTE A FACTOR LIKELY TO CAUSE THE COMPOSITION OF PRODUCTION COSTS NO LONGER TO CORRESPOND TO THE NATURAL OPERATING CONDITIONS OF THE UNDERTAKINGS OF THE SAARLAND OF WHICH THIS MODIFICATION FORMS AN INTERGRAL PART .
FIRST, THE MATERIAL CHANGE IN THE CONDITIONS OF COMPETITION OF THE UNDERTAKINGS OF THE SAARLAND, WHICH TOOK PLACE AS A RESULT OF THE CANALIZATION OF THE MOSELLE, THE MAIN AND THE NECKAR MUST NOT BE CONFUSED WITH THE ECONOMIC CONSEQUENCES WHICH IT INVOLVES AND, MORE PRECISELY, WITH THE DIFFICULTIES WHICH RESULT THEREFROM FOR THESE UNDERTAKINGS . ALTHOUGH THIS MATERIAL CHANGE IS OF A PERMANENT NATURE, IT DOES NOT FOLLOW THAT THE DIFFICULTIES WHICH RESULT THEREFROM FOR CERTAIN FOR CERTAIN UNDERTAKINGS MUST ALSO BE OF PERMANENT NATURE . ON THE CONTRARY, IT IS POSSIBLE THAT IN FUTURE SUCH DIFFICULTIES MAY BE SURMOUNTED, IN PARTICULAR THROUGH A READJUSTMENT IN THE PRODUCTION AND DISTRIBUTION JUSTIFYING APPROPRIATE TEMPORARY AID . THE AIM OF THE SPECIAL RATES AND CONDITIONS IN QUESTION IS PRECISELY TO GRANT AID OF THIS KIND WHICH IS INTENDED TO FACILITATE SUCH A READJUSTMENT .
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MOREOVER, THE UNFORESEEABLE NATURE OF THE CIRCUMSTACES JUSTIFYING THE GRANT OF SPECIAL RATES AND CONDITIONS MUST BE ASSESSED IN THE LIGHT OF THE FACTS OF EACH CASE AND ACCORDING TO A REASONABLE ASSESSMENT OF THE SITUATION . FOR THE PURPOSES OF SUCH AN ASSESSMENT A DISTINCTION MUST BE MADE IN THE TRANSPORT