BETWEEN A CARRIER AND ANOTHER PARTY AT TRANSPORT RATES OUTSIDE THE UPPER OR LOWER LIMITS OF THE RELEVANT TARIFF BRACKETS .
THE CONCLUSION OF SUCH CONTRACTS SHALL BE ALLOWED , SUBJECT TO THE FOLLOWING CONDITIONS :
( A ) WHERE CIRCUMSTANCES EXIST WHICH WERE NOT TAKEN INTO ACCOUNT AT THE TIME WHEN THE TARIFFS WERE FIXED , AS , IN PARTICULAR , WHERE A SPECIAL CONTRACT RELATES TO TRANSPORT OPERATIONS HAVING SPECIAL TECHNICAL FEATURES OR WHERE THE CONTRACT IS MADE IN RESPONSE TO THE REQUIREMENTS OF COMPETITION OR WHERE IT IS ENTERED INTO FOR A CERTAIN PERIOD ; AND
( B ) WHERE A SPECIAL CONTRACT PROVIDES FOR TRANSPORT RATES ABOVE THE UPPER LIMIT OF THE RELEVANT TARIFF BRACKET , SUCH A CONTRACT MUST RELATE TO TRANSPORT OPERATIONS WHOSE TECHNICAL FEATURES ENTAIL A COST SIGNIFICANTLY HIGHER THAN THE AVERAGE COST WITHIN THE MEANING OF ARTICLE 10 ( 1 ) ON WHICH THE RELEVANT TARIFF IS BASED , AS , IN PARTICULAR , WHERE :
- THE GOODS REQUIRE SPECIAL HANDLING DURING TRANSIT ,
- THE VEHICLE HAS TO BE FITTED WITH SPECIAL EQUIPMENT ,
- A SPECIAL VEHICLE FITTED WITH PERMANENT SPECIAL EQUIPMENT HAS TO BE USED ,
- CARRIAGE HAS TO BE EFFECTED AT A SPEED SIGNIFICANTLY SLOWER THAN NORMAL TRAFFIC SPEED ,
- THE CONSIGNOR REQUIRES PARTICULARLY RAPID DELIVERY OF THE GOODS ,
- THE GOODS ARE OF A DANGEROUS OR UNHEALTHY NATURE ,
- THE GOODS CONSIST OF A SINGLE LARGE LOAD OR ARE OF ABNORMAL DIMENSIONS ; OR
( C ) WHERE A SPECIAL CONTRACT PROVIDES FOR TRANSPORT RATES BELOW THE LOWER LIMIT OF THE RELEVANT TARIFF BRACKET , THE TONNAGE TO BE CARRIED UNDER ANY SUCH CONTRACT WITHIN ANY THREE-MONTH PERIOD MUST NOT BE LESS THAN 500 TONNES .
SPECIAL CONTRACTS MUST IN ALL CASES BE SUCH AS TO MAINTAIN OR IMPROVE THE CARRIER'S TRADING RETURNS .
2 . ON CONCLUDING ANY SPECIAL CONTRACT , THE CARRIER SHALL FORTHWITH COMMUNICATE THE TERMS THEREOF TO THE COMPETENT AUTHORITIES OF HIS HOME STATE , I . E . THE MEMBER STATE WHERE HIS VEHICLES ARE REGISTERED OR , IF THAT IS NOT THE STATE WHERE THE GOODS ARE TO BE LOADED OR UNLOADED .
THE CARRIER SHALL ATTACH ALL PARTICULARS SUPPORTING THE CONCLUSION OF THE CONTRACT AND THE RATES AGREED TO HIS COMMUNICATION .
3 . THOSE AUTHORITIES SHALL SEND COPIES OF ALL THE RELEVANT DOCUMENTS TO THE COMPETENT AUTHORITIES OF THE MEMBER STATES CONCERNED , I . E . THE STATES IN WHICH THE VEHICLES ARE REGISTERED AND THOSE WHERE THE GOODS ARE TO BE LOADED AND UNLOADED .
4 . USING THE INFORMATION CONTAINED IN THE DOCUMENTS SUBMITTED , THE AUTHORITIES REFERRED TO IN PARAGRAPHS 2 AND 3 SHALL INSTITUTE ANY INVESTIGATIONS AND INQUIRIES THEY CONSIDER DESIRABLE IN ORDER TO CHECK THAT THE PARTIES TO THE CONTRACT HAVE COMPLIED WITH THIS REGULATION .
5 . IF , AS A RESULT OF THESE INVESTIGATIONS , IT SHOULD BE FOUND THAT THERE HAS BEEN ANY BREACH OF