CELEX: 51974PC1931
Language: en
Date: 1974-11-20
Title: Proposal for a Regulation of the Council modifying the Regulation (EEC) 1107/70 relative to aids granted in the field of transport by railway, road and inland waterway (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1931
Vol. 1974/0311
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                       COM ( 74 ) 1931 final .
                                       Brussels , 20 November 1974
                     Proposal for a Regulation of "the Council
             modifying the Regulation ( EEC) 1107/70 relative to aids
             granted in the field of transport by railway , road and
                                inland waterway
                ( submitted to the Council by the Commission )
   COM ( 74 ) 1931 final
 ---pagebreak--- Exposition of objectives ( ïbtives )
 .Article 4 of Regulation ( EEC ) 1107/ 70 of "the Council of 4 June 1970
relative to - plaids granted in the field of transport "by rail , road and
 inland waterways provides that until the coming into force of community
regulation taken in conformity with Article 8 of the Decision of the Council
                 (2)
 of 13 May 1965      relative to harmonization of certain provisions having a
"bearing on the competition in the field of transport by rail , road and
 inland waterwrys and without prejudice to the provisions of Regulation
  (ESC) II91/69 and Regulation (EEC) 1192/69 of the Council of 26 June 1963 ^
payments by the States and public authorities nay be awarded to railway
undertakings by reason of the failure to realize harmonization , as laid
 down in the said Article 8 , of the rules governing the financial relations
between railway undertakings and the States , the purpose of such harmoniz­
  ation being to make these undertakings financially autonomous .     By reason
 of /jrticle 5 paragraph 2 of the aforesaid Regulation ( EEC ) IIO7/7O , these
 aids , because of their special character , are exempt from the procedure
                                                            / V
                                                           1
provided for in Article 93 paragraph 3 of the Treaty and erd communicated to
the Commission in the form of estimates at the beginning of each year and
 subsequently in the form of a report after the end of the financial year .
The adoption , for the national railway undertakings , of the decision of the
Council of             taken in conformity with Article 8 of the Decision of
13 Jfey 1965 J has the consequence that the aids for these undertakings pro­
vided under /article 4 of Regulation ( EEC ) IIO7/7O of the Council are no
longer authorized .    On the other hand , by reason of the aforesaid decision
of the Council , Member States may grant aids to the railway undertakings
within the context of their programmes of activity by virtue of Article 5
paragraph 1 of the decision and may also grant equilibrium subsidies by
virtue of Article 15 of the same decision .
( 1 ) OJ L 130 of 15.6.1970 , p. 1
( 2 ) OJ 88 of 24.5.1965 , P. 1500/65
( 3 ) OJ L 156 of 28.6.1969
 ---pagebreak--- These aids having a similar specific character to those provided for by
Article 4 of Regulation (EEC ) 1107/70 » it appears advisable by applying
Article 94 of the Treaty , to maintain the special procedure of informing
the Commission provided for in Article- 5 paragraph 2 of the seme Regul­
ation and specified in the indent preceding and thereby to modify the
provision of Article 4 of Regulation (EEC ) 1107/70 *
 ---pagebreak---                        Proposal for a Regulation of the Council
         modifying the Regulation ( EEC )
         relative to aids granted in the field of transport by railway , road
                           and inland waterway /, \
ϊΐ-ί ΟϋιΜίλίΙ, 03? ΕϋΕΟΡΚΛΤ ΟΟΙΪ'ΐϋΏΤΙΕδ
Having regard to the Treaty establishing the European Economic Community
 and particularly Articles 75 r.nd 94 thereof
Having regard to the proposal of the Commission
Having regard to the Opinion of the European Parliament
Having regard to the Opinion of the Economic and Social Committee
Whereas in the application of Article 4 of Regulation ( EEC ) 1107/70 of the
 Council of 4 June 1970 and until the entry into force of community regul­
 ation adopted pursuant to Article 8 of the Decision of the Council of 13
 Iiay 1963 relative to the harmonization of certain provisions having a
bearing on the competition in the field of transports by railiiray , road
                         2
and inland waterways , payments - to - railway undertakings from the States and
public bodies nay be awarded because of the failure to achieve harmoniza­
tion , as laid down in the aforesaid Article 8 , of rules governing the
financial relationships between the railway undertakings and the States ,
the purpose of such harmonization being to make those undertakings finan­
cially autonomous : that by reason of Article 5 paragraph 2 of the above-
mentioned regulation these aids are exempt from the procedure provided for
in Article 93 paragraph 3 of the Treaty and that       details of such aids
should be communicated to the Commission in the form of estimates at the
beginning of each year and subsequently in the form of a report after the
end of the financial year .
( 1 ) OJ L 130 of 15.6.1970 , p. 1
( 2 ) OJ 88 of 24.5.1965 , p. 1500/65
 ---pagebreak--- Whereas , following the adoption for the national railwcy undert akings of
the Decision of the Council of               conforming to Article 8 of the
Decision of 13 May 19^5 » the aids to these undertakings provided for by the afo­
re mentioned provisions are no longer authorized ; on the other hand the
Member States may grant to these same enterprises aids within their pro­
grammes of activity on the basis of Article 5 paragraph 1 of the decision
of the Council of             and also subsidies of equilibrium on the basis
of Article 15 of the same decision .   It appears advisable that because of
the special character of these aids , by application of Article 94 of the
Treaty , to maintain the special procedure for informing the Commission
provided for in Article 5 paragraph 2 of Regulation (EEC ) 1107/70 of the
Council ;
Whereas it is consequently requisite to modify the provision of Article 4
of Regulation (EEC ) 1107/70 of the Council of 4 June 1970 »
HAS PASSED THE PRESENT REGULATION
                                 The only article
  s.
Article 4 of Regulation ( EEC ) IIO7/70 of the Council of 4 June 1970 is
replaced by the following provision
M.l .     Until the entry into force of community regulations conforming to
Article 8 of the Decision of the Council of 13 May 19^5 concerning the
railway undertakings other than those envisaged in the first article of
the decision of the Council of              relative to the improvement of
the financial situation of the railway undert alcings and the harmonization
of the rules governing the financial relationships between these under­
takings and the States , and without prejudice to the provisions of Regul­
ation (EEC ) 1191/69 and of Regulation ( EEC ) 1192/69 , the provisions of
Article 3 shall not apply to payments by the States and public authorities
to railway undertekings made by      reason of any failure to achieve harmoni­
zation as laid down in the said Article 8 , the rules governing the financial
relationships between the railway undertakings and the States , the purpose
of such harmonization being to make those undertakings financially autonomous .
 ---pagebreak---                                  - 3 -
2.       Until the entry into force of the provisions provided for in
Article 17 of the Decision of the Council of             relative to the
improvement of the financial situation of the railway undertakings and the
harmonization of the rules governing the financial relationships between
these undertakings and the States , the provisions of Article 3 do not
apply to aids granted within the railway undertakings programmes of acti­
vity "by application of Article 5 paragraph 1 of the said decision nor to
the equilibrium subsidies granted in application of Article 15 of the same
decision ."
This regulation is binding in its entirety and directly applicable in all
Member States .
Done at                , the                               For the Council
                                                            the Président ,