Keywords
Summary

Keywords

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1 . TRANSPORT - RATES AND CONDITIONS INVOLVING AN ELEMENT OF SUPPORT - EXAMINATION - AUTHORIZATION - POWERS AND DUTIES OF THE COMMISSION

( EEC TREATY, ARTICLE 80 )

2 . MEASURES ADOPTED BY AN INSTITUTION - STATEMENT OF REASONS

( EEC TREATY, ARTICLE 190 )

Summary

1 . BY EMPOWERING THE COMMISSION TO ACT ON ITS OWN INITIATIVE OR ON APPLICATION BY A MEMBER STATE TO EXAMINE THE RATES AND CONDITIONS INVOLVING AN ELEMENT OF SUPPORT AND BY INSTRUCTING IT IN THIS EXAMINATION TO TAKE ACCOUNT IN PARTICULAR OF THE REQUIREMENTS, NEEDS, PROBLEMS AND EFFECTS REFERRED TO IN ARTICLE 80(2 ), THE TREATY HAS CONFERRED ON THE COMMISSION A LARGE MEASURE OF DISCRETIONARY POWER, NOT ONLY AS REGARDS THE TARIFFS TO BE AUTHORIZED, BUT ALSO AS REGARDS THE DETAILS OF THE AUTHORIZATION TO BE GRANTED .

IT IS NOT POSSIBLE TO INTERPRET THIS PROVISION TO MEAN THAT THE COMMISSION IS OBLIGED TO GRANT ITS AUTHORIZATION ONCE CERTAIN CIRCUMSTANCES ARE ESTABLISHED, OR THAT IT IS OBLIGED TO MAINTAIN SUCH AUTHORIZATION IN FORCE AS LONG AS THE CIRCUMSTANCES WHICH GAVE RISE TO IT DO NOT CHANGE .

IN APPLYING ARTICLE 80(2 ) THE COMMISSION MUST RECONCILE THE ESSENTIAL DEMANDS OF THE COMMON MARKET AND THE PARTICULAR REQUIREMENTS OF REGIONAL DEVELOPMENT .

THE COMMISSION IS UNDER NO DUTY, IN ASSESSING THE REQUIREMENTS OF A REGIONAL ECONOMIC POLICY, TO ISOLATE THE TRANSPORT SECTOR FROM THE OTHER FACTORS OF DEVELOPMENT IN PARTICULAR FROM THE EFFECT OF MEASURES CONCERNING AGRICULTURAL POLICY .

2 . A STATEMENT OF REASONS MUST SHOW CLEARLY AND UNAMBIGUOUSLY THE GROUNDS ON WHICH THE MEASURE IS BASED .