TITLE III - INTERNAL POLICIES AND ACTION
CHAPTER III - POLICIES IN OTHER AREAS
SECTION 7 - TRANSPORT
ARTICLE III-236
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 non-resident 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.
ARTICLE III-237
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.
ARTICLE III-238
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.
ARTICLE III-239
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.
ARTICLE III-240
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.
ARTICLE III-241
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.
ARTICLE III-242
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.
ARTICLE III-243
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.
ARTICLE III-244
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.
ARTICLE III-245
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.