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1. The objectives of the Constitution shall, in matters governed by this Section, be pursued within
the framework of a common transport policy.
2. European laws or framework laws shall implement paragraph 1, taking into account the
distinctive features of transport. They shall be adopted after consultation of the Committee of the
Regions and the Economic and Social Committee.
Such European laws or framework laws shall establish:
(a) common rules applicable to international transport to or from the territory of a Member State or
passing across the territory of one or more Member States;
(b) the conditions under which nonresident carriers may operate transport services within a
Member State;
(c) measures to improve transport safety;
(d) any other appropriate measure.
3. When the European laws or framework laws referred to in paragraph 2 are adopted, account
shall be taken of cases where their application might seriously affect the standard of living and level
of employment in certain regions, and the operation of transport facilities.
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Until the European laws or framework laws referred to in Article III-236(2) have been adopted, no
Member State may, unless the Council has unanimously adopted a European decision granting a
derogation, make the various provisions governing the subject on 1 January 1958 or, for acceding
States, the date of their accession less favourable in their direct or indirect effect on carriers of other
Member States as compared with carriers who are nationals of that State.
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Aids shall be compatible with the Constitution if they meet the needs of coordination of transport or
if they represent reimbursement for the discharge of certain obligations inherent in the concept of a
public service.
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Any measures adopted within the framework of the Constitution in respect of transport rates and
conditions shall take account of the economic circumstances of carriers.
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1. In the case of transport within the Union, discrimination which takes the form of carriers
charging different rates and imposing different conditions for the carriage of the same goods over the
same transport links on grounds of the Member State of origin or of destination of the goods
in question shall be prohibited.
2. Paragraph 1 shall not prevent the adoption of other European laws or framework laws pursuant
to Article III-236(2).
3. The Council, on a proposal from the Commission, shall adopt European regulations or decisions
for implementing paragraph 1. It shall act after consulting the European Parliament and the
Economic and Social Committee.
The Council may in particular adopt the European regulations and decisions needed to enable the
institutions to secure compliance with the rule laid down in paragraph 1 and to ensure that users
benefit from it to the full.
4. The Commission, acting on its own initiative or on application by a Member State, shall
investigate any cases of discrimination falling within paragraph 1 and, after consulting any
Member State concerned, adopt the necessary European decisions within the framework of the
European regulations and decisions referred to in paragraph 3.
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1. The imposition by a Member State, in respect of transport operations carried out within the
Union, of rates and conditions involving any element of support or protection in the interest of one
or more particular undertakings or industries shall be prohibited, unless authorised by a European
decision of the Commission.
2. The Commission, acting on its own initiative or on application by a Member State, shall examine
the rates and conditions referred to in paragraph 1, taking account in particular of the requirements
of an appropriate regional economic policy, the needs of underdeveloped areas and the problems of
areas seriously affected by political circumstances on the one hand, and of the effects of such rates
and conditions on competition between the different modes of transport on the other.
After consulting each Member State concerned, the Commission shall adopt the necessary European
decisions.
3. The prohibition provided for in paragraph 1 shall not apply to tariffs fixed to meet competition.
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Charges or dues in respect of the crossing of frontiers which are charged by a carrier in addition to
the transport rates shall not exceed a reasonable level after taking the costs actually incurred thereby
into account.
Member States shall endeavour to reduce these costs.
The Commission may make recommendations to Member States for the application of this Article.
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The provisions of this Section shall not form an obstacle to the application of measures taken in the
Federal Republic of Germany to the extent that such measures are required in order to compensate
for the economic disadvantages caused by the division of Germany to the economy of certain areas of
the Federal Republic affected by that division. Five years after the entry into force of the Treaty
establishing a Constitution for Europe, the Council, acting on a proposal from the Commission, may
adopt a European decision repealing this Article.
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An Advisory Committee consisting of experts designated by the governments of the Member States
shall be attached to the Commission. The Commission, whenever it considers it desirable, shall
consult the Committee on transport matters.
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1. This Section shall apply to transport by rail, road and inland waterway.
2. European laws or framework laws may lay down appropriate measures for sea and air transport.
They shall be adopted after consultation of the Committee of the Regions and the Economic and
Social Committee.
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