11957E075

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ARTICLE 75

1 . FOR THE PURPOSE OF IMPLEMENTING ARTICLE 74 , AND TAKING INTO ACCOUNT THE DISTINCTIVE FEATURES OF TRANSPORT , THE COUNCIL SHALL , ACTING UNANIMOUSLY UNTIL THE END OF THE SECOND STAGE AND BY A QUALIFIED MAJORITY THEREAFTER , LAY DOWN , ON A PROPOSAL FROM THE COMMISSION AND AFTER CONSULTING THE ECONOMIC AND SOCIAL COMMITTEE AND THE ASSEMBLY :

( 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 ) ANY OTHER APPROPRIATE PROVISIONS .

2 . THE PROVISIONS REFERRED TO IN ( A ) AND ( B ) OF PARAGRAPH 1 SHALL BE LAID DOWN DURING THE TRANSITIONAL PERIOD .

3 . BY WAY OF DEROGATION FROM THE PROCEDURE PROVIDED FOR IN PARAGRAPH 1 , WHERE THE APPLICATION OF PROVISIONS CONCERNING THE PRINCIPLES OF THE REGULATORY SYSTEM FOR TRANSPORT WOULD BE LIABLE TO HAVE A SERIOUS EFFECT ON THE STANDARD OF LIVING AND ON EMPLOYMENT IN CERTAIN AREAS AND ON THE OPERATION OF TRANSPORT FACILITIES , THEY SHALL BE LAID DOWN BY THE COUNCIL ACTING UNANIMOUSLY . IN SO DOING , THE COUNCIL SHALL TAKE INTO ACCOUNT THE NEED FOR ADAPTATION TO THE ECONOMIC DEVELOPMENT WHICH WILL RESULT FROM ESTABLISHING THE COMMON MARKET .