DOWN IN PARAGRAPH ( 1 ) OF THAT ARTICLE BUT AT THE SAME TIME ON THE POSSIBILITY OF AUTHORIZING USEFUL AND NECESSARY AGREEMENTS CONTAINED IN PARAGRAPH ( 2 ). THAT POSSIBILITY OF AUTHORIZATION IS OF CONSIDERABLE IMPORTANCE SINCE, DESPITE THE RESTRICTIONS SET ON AGREEMENTS BY THE TREATY, IT PROVIDES FOR AND RECOGNIZES THE PROCEDURE FOR THE JOINT SALE OF COAL, WHICH HAS LONG BEEN EMPLOYED IN ALL THE COUNTRIES OF THE COMMUNITY PRODUCING COAL IN LARGE QUANTITIES .
IF THE AGREEMENTS DRAWN UP BETWEEN THE ENTRY INTO FORCE OF THE TREATY ( 25 JULY 1952 ) AND THE ESTABLISHMENT OF THE COMMON MARKET ( 10 FEBRUARY 1953 ) WERE SUBJECT TO ARTICLE 65 OF THE TREATY, THE RESULT WOULD BE THAT, WITH THE EXCEPTION OF THE RULE PROHIBITING AGREEMENTS, THE COMPLETE SYSTEM PROVIDED FOR BY THAT ARTICLE COULD NOT HAVE BEEN IMPLEMENTED DURING THE SIX MONTHS FOLLOWING THE ENTRY INTO FORCE OF THE TREATY, SINCE, DURING THAT PERIOD, THERE WAS NO ORGANIZATION IN EXISTENCE WITH POWER TO GRANT THE AUTHORIZATIONS . ON THE ONE HAND, THE HIGH AUTHORITY WAS ONLY IN A POSITION TO DO SO AFTER THE ESTABLISHMENT OF THE COMMON MARKET ( FOURTH SUBPARAGRAPH OF ARTICLE 2 ( 2 ) OF THE CONVENTION ); ON THE OTHER HAND, THE GOVERNMENTS OF THE MEMBER STATES WERE NOT EMPOWERED TO APPLY COMMUNITY LAW AND TO GRANT THE AUTHORIZATIONS PROVIDED FOR IN ARTICLE 65 ( 2 ) THEMSELVES . UNDER ARTICLE 2 ( 3 ) OF THE CONVENTION, THEY WERE ONLY ENTITLED TO CONTINUE TO EXERCISE THE POWERS CONFERRED ON THEM BY NATIONAL LAW ( " THE RELEVANT POWERS SHALL CONTINUE TO BE EXERCISED BY MEMBER STATES ") AND COULD NOT ACT IN PLACE OF THE HIGH AUTHORITY IN EXERCISING THE POWERS CONFERRED ON THAT BODY BY THE TREATY .
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IT IS INCONCEIVABLE THAT THE CONTRACTING PARTIES ACCEPTED A SITUATION WHEREBY, FOR A PERIOD OF UNCERTAIN DURATION FOLLOWING THE ENTRY INTO FORCE OF THE TREATY ( IT IN FACT CAME TO AN END AFTER SIX MONTHS ), THE PROHIBITION IN ARTICLE 65 ( 1 ) WAS APPLICABLE, WHILST THE POWER OF AUTHORIZATION PROVIDED FOR IN PARAGRAPH ( 2 ) OF THAT ARTICLE AND CLOSELY CONNECTED WITH THE PROHIBITION WAS INAPPLICABLE .
ON THE BASIS OF THE AIM OF THE CONVENTION, WHICH IS SET OUT ABOVE AND REFERRED TO IN ARTICLE 1 ( 1 ) THEREOF, ARTICLE 12 MUST BE INTERPRETED TO MEAN THAT THE SECOND PARAGRAGH IS ALSO APPLICABLE TO AGREEMENTS DRAWN UP BETWEEN THE ENTRY INTO FORCE OF THE TREATY AND THE ESTABLISHMENT OF THE COMMON MARKET . THAT INTERPRETATION ALONE AVOIDS THE UNSATISFACTORY SITUATION DESCRIBED ABOVE, THAT IS TO SAY, THE ARBITRARY SEPARATION OF THE VARIOUS CONNECTED ELEMENTS OF ARTICLE 65 INTO THOSE WHICH ARE IMMEDIATELY APPLICABLE AND THOSE WHICH WOULD ONLY BECOME APPLICABLE AFTER AN INDEFINITE PERIOD .
THE DIFFERENT REGULATIONS APPLYING TO THE PROHIBITIONS CONTAINED IN ARTICLE 4 ( A ) TO ( C ) AND THE MUCH CLEARER TRANSITIONAL PROVISIONS CONTAINED IN ARTICLE