CELEX: 51981PC0745
Language: en
Date: 1981-12-04
Title: Proposal for a Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting in Council, authorizing the Commission to open negotiations with Yugoslavia concerning the conclusion of an agreement on the establishment of through international railway tariffs for the carriage of coal and steel in transit through the territory of Yugoslavia (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 745
Vol. 1981/0212
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(81)745 final
                                                        Brussels , 4 December 1981
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                                           Proposal for
                                                      f a
     Decision of the Representatives of the Governments of the Member States
     of the European Coal and Steel Community , meeting in Council , authorizing
     the Commission to open negotiations with Yugoslavia concerning the
     conclusion of an agreement on the establishment of through international
     railway tariffs for the carriage of coal and steel in transit through the
     territory of Yugoslavia
                 ( submitted        to the Council by the Commission )
C0M(81 ) 745 final
 ---pagebreak---                                                                    ■ t>
                                EXPLANATORY MEMORANDUM
1.         Tft* Agr**»i»nt b»tw»«n th« r«pr«»ent*tiv »» of ih« Government® of t&•
    Member States of the ECSC , meeting in Council , of 21 March 1955 (l ) on the
     establishment of through international railway tariffs on the carriage of
     coal and steel by rail , conluded in implementation of Article 70 of the ECSC
     Treaty and section 10 ( 2 ) and ( 3 ), point 2 of the Agreement on the transition­
     al provisions under the ECSC Treaty , covers the extension of these through
     tariffs to traffic passing in transit through the territory of third countries .
 2.        On 16 July 1955$ in implementation of Article 15 of the Agreement of 21
     March 1955 , the Representatives of the Governments of the Member States of the
     ECSC , meeting in Council , adopted a document entitled "Instructions for the
     conduct of negotiations with third countries " and authorized the High Authority
     to enter into negotiations with , firstly , Switzerland and later , Austria .
                             «
            The Council specified that these instructions were "valid for any negotiat­
     ions with third states on traffic passing in transit through their territory ".
     However , it was stated " that the matter should be laid before the Council prior
     to any negotiations with other third states concerning carriage operations in
     transit ."
 3.         These negotiations gave rise to two agreements : one dated 28 July 1956
     with Switzerland ( 2 ) and the other of 26 July 1957 with Austria ( 3)» both of
     which are still in force .     '
           Following the accession of Greece to the     Community , the through internat­
     ional railway tariffs established pursuant to      the Agreement of 21 March 1955
     referred to above , were extended on 1 January     1981 to cover carriage operations
     between Greece and the other Member States of      the Community and vice versa .
1.         With regard to traffic passing in transit through Austria , . the agreement
    specifically mentioning the traffic links with Italy' will be adapted to the new
     situation by a second additional protocol to thi§ agreement . The ECSC/Switzer­
    land agreement requires no specific adaptation .
(1 ) O.J. of the ECSC No . 9 , 19 April 1955
(2 ) 0«,J. of the ECSC No . 17 , 29 May 1957
( 3) OoJ. of the ECSC No . 6 , 20 February 1958                                  ./. ..
 ---pagebreak---        Nevertheless , in practical terms the Austrian and Swiss railways have
agreed that from 1 January 1981 the routes and transit sections concerned
in the carriage of ECSC goods to and from Greece shall be included in the
railway tariffs .
       In the absence of a government-level arrangement with Yugoslavia and
of a commercial agreement with the Yugoslav railways covering transit through
Yugoslavia , ECSC tariff No . 9001 does not mention the cost of transit through
Yugoslavia , nor is the relative length of the transit journey through this
country taken into account in calculating the carriage rate in accordance
with . the formula contained in this tariff .
       In this context the problem of transit through Yugoslavia arises both
politically and legally in terms similar to those applying to Switzerland
in 1956 and Austria in 1957 * In the current trading situation with Greece
via Yugoslavia , however , the economic aspect does not have the same importance ,
but the situation could change in step with integration , which will thus be
eased by the creation of a railway tariff union including a significant transit
section through Yugoslavia which is in the commercial intersts of all of the
railway companies concerned by these tariffs . This being the case the negotiat­
ion with Yugoslavia of an agreement similar to those already in force seems to
be necessary in order to promote the expansion of ECSC rail traffic with
Greece . Inter alia , an agreement of this type would enable the difficulties
resulting from inadequate cooperation between the railways concerned to be
overcome .
       The negotiation directives annexed to the appended proposal for a
                                                  %
decision incorporate in simplified form the instructions given to the High
Authority for the conduct of negotiations with third countries in 1955 * while
taking account of changes in the tariff situation since that date .
 ---pagebreak---                            Proposal for a
      Decision of the Representatives of the Governments of the
      Member States of the Eurqpean Coal and Steel Community ,
      meeting in Council , authorizing the Commission to open negotiations
                            with Yugoslavia
      concerning the conclusion of an agreement on the establish­
      ment of through international railway tariffs for the carriage
      of coal and steel in transit through the territory of Yugoslavia
 THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER . STATES OF THE
 EUROPEAN COAL AND STEEL COMMUNITY , MEETING IN COUNCIL ,
 Having regard to the Treaty establishing the European Coal and Steel Community,
 and in particular Article 70 thereof ,
 Having regard to Article 10 of the Convention on the transitional provisions drawn
'up in accordance with Article 85 of the Treaty,
 Having regard to the Agreement of 21 March 1955 on the establishment of
 through international railway tariffs ,and in particular Article 15 thereof ;
 In agreement with the Commission ,
 Whereas the accession of Greece to the        said Agree­
  ment     requires the establishment of through international railway tariffs
 between Greece and the other Member States ;
 Whereas the carriage operations in question are in certain cases performed
  in transit through the territory of Switzerland , Austria and Yugoslavia ;
 Whereas transit through Switzerland and Austria is covered by two agreements
  concluded on 28 July 195^ and 26 July 1957 respectively ;
 Whereas the conclusion of an agreement on transit through Yugoslavia similar
  to the two agreements referred to above would be appropriate ;
                                 (•
                                 I
 Whereas negotiations should therefore be opened with Yugoslavia ;
 HAVE DECIDED AS FOLLOWS
 ---pagebreak---                         Sole Article
      The Commission is hereby authorized to enter into negotiations with
Yugoslavia for the purpose of concluding an agreement between the 'Govern­
ment of the Federal Socialist Republic of Yugoslavia , on the one hand , and the
Governments of the Member States of the Euorpean Coal and Steel Community and     v
the Commission of the European Communities , on the other hand> on the establishment
of through international tariffs for the carriage of coal and steel passing in
transit through Yugoslav territory .
      In conducting these negotiations the Commission will be guided by the
directives annexed hereto .
Done at Brussels ,             >
                                                            The President
 ---pagebreak---                                                                  ANNEX
              DIRECTIVES ON THE CONDUCT OF NEGOTIATIONS
1 . General principle
          The establishment of through international tariffs for transit through
    non-member States requires the Laying down by the Governments of rules on :
    - the rates and conditions to be applied by the railways in the Member States
    - the rates and conditions to be applied by the Yugoslav railways .
          It is recognized that there is a link between these two points and
    that the solution to be sought must guarantee a reasonable balance between
    the interests of the parties to the agreement .
2 . Commitments to be entered into by the Governments of the Member States
          The Governments of the Member States shall instruct their railways to
    calculate their participation as follows :
    a) The terminal charges at the transit points with the third states shall
        be reduced under . conditipns identical  to those in Title III of the
        Agreement of 21 March 1955 »
    b ) The distance charges and the coefficients of degressivity corresponding
       to the total distance , non-member States included , shall be calculated
       under conditions identical to those in Title IV of the Agreement of 21
       March 1955 *
3-    Commitments to be entered into by Yugoslavia
          Yugoslavia shall undertake to ensure that the Yugoslav Railways (J.Z. )
    observe the following principles :
    - Acceptance of the ban on discriminatory practices applying to rates and
       conditions of carriage of all types based on the country of origin
       or destination of the products , in respect of traffic in coal and steel
       between the Member States of the Community using Yugoslav railway lines
       in transit :
                                                                            • /• • •
 ---pagebreak---                             - 2 -
Making transit journeys available at a reasonable rate as compared with
the carriage rates applied to comparable operations subject to national
rates ;
Acceptance by the J.Z. of the principle of cooperation with Community
railways in order jointly to find just solutions for the ECSC carriage
operations at issue in the interests of all of the railways involved .