Regulation (EEC) No 1107/70 of the Council of 4 June 1970 on the granting of aids for transport by rail, road and inland waterway

REGULATION (EEC) No 1107/70 OF THE COUNCIL  of 4 June 1970  on the granting of aids for transport by rail, road and inland waterway
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 75, 77 and 94 thereof;
Having regard to the Council Decision of 13 May 1965 (1) on the harmonization of certain provisions affecting competition in transport by rail, road and inland waterway, and in particular Article 9 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (2)
Having regard to the Opinion of the Economic and Social Committee (3);
Whereas the elimination of disparities liable to distort the conditions of competition in the transport market is an essential objective of the common transport policy;
Whereas, to that end, it is appropriate to lay down certain rules on the granting of aids for transport by rail, road and inland waterway in so far as such aids relate specifically to activities within that sector;
Whereas Article 77 states that aids shall be compatible with the Treaty if they meet the needs of co-ordination of transport or if they represent reimbursement for the discharge of certain obligations inherent in the concept of a public service;
Whereas Council Regulations (EEC) No 1192/69 and (EEC) 1191/69 (4) of 26 June 1969 laid down common rules and procedures for, respectively, compensation payments arising from the normalisation of the accounts of railway undertakings, and compensation in respect of financial burdens resulting from public service obligations in transport by rail, road and inland waterway;
Whereas it is therefore necessary to specify the cases and the circumstances in which Member States may take co-ordination measures or impose obligations inherent in the concept of a public service which involve the granting of aids under Article 77 of the Treaty not covered by the aforesaid Regulation;
Whereas, pursuant to Article 8 of the Council Decision of 13 May 1965, payments by States and public authorities to railway undertakings are to be made subject to Community rules ; whereas payments made by reason of the fact that the harmonisation referred to in the said Article 8 has not yet been carried out should be exempted from the provisions of this Regulation delimiting the powers of Member States to take co-ordination measures or impose obligations inherent in the concept of a public service which involve the granting of aids under Article 77 of the Treaty;
Whereas, owing to the particular nature of these payments, it seems appropriate, pursuant of Article 94 of the Treaty, to lay down a special procedure for informing the Commission of such payments;
Whereas it is desirable that certain provisions of this Regulation should not apply to measures taken by any Member State in implementation of a system of aid upon which the Commission has, pursuant to Articles 77, 92 and 93 of the Treaty, already pronounced;
Whereas it is desirable, in order to assist the Commission in its examination of aids granted for transport, to attach to the Commission an advisory committee consisting of experts appointed by Member States;  (1)OJ No 88, 24.5.1965, p. 1500/65. (2)OJ No 103, 2.6.1967, p. 2050/67. (3)OJ No 178, 2.8.1967, p. 18. (4)OJ No L 156, 28.6.1969, p. 1.