Treaty Establishing the European Community
as Amended by Subsequent Treaties
ROME, 25 March 1957
Article 74. The objectives of this Treaty shall, in matters governed by
this Title, be pursued by Member States within the framework of a common
- For the purpose of implementing Article 74, and taking into
account the distinctive features of transport, the Council shall, acting
in accordance with the procedure referred to in Article 189c and after
consulting the Economic and Social Committee, lay down:
- (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 provisions.
- The provisions referred to in (a) and (b) of paragraph 1 shall be laid
down during the transitional period.
- 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 on a proposal from the Commission, after consulting
the European Parliament and the Economic and Social Committee. 1n so
doing, the Council shall take into account the need for adaptation to the
economic development which will result from establishing the common
Article 76. Until the provisions referred to in Art. 75 (1) have been
laid down, no Member State may, without the unanimous approval of the
Council, make the various provisions governing the subject when this
Treaty enters into force 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 77. Aids shall be compatible with this 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
Article 78. Any measures taken within the framework of this Treaty in
respect of transport rates and conditions shall take account of the
economic circumstances of carriers.
- 1n the case of transport within the Community,
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 country of origin or of
destination of the goods in question, shall be abolished, at the latest,
before the end of the second stage.
- Paragraph 1 shall not prevent the Council from adopting other measures
in pursuance of Art. 75 (1).
- Within two years of the entry into force of this Treaty, the Council
shall, acting by a qualified majority on a proposal from the Commission
and after consulting the Economic and Social Committee, lay down rules
for implementing the provisions of paragraph 1.
The Council may in particular lay down the provisions needed to enable
the institutions of the Community to secure compliance with the rule laid
down in paragraph 1 and to ensure that users benefit from it to the full.
- The Commission shall, acting on its own initiative or on application
by a Member State, investigate any cases of discrimination falling within
paragraph 1 and, after consulting any Member State concerned, shall take
the necessary decisions within the framework of the rules laid down in
accordance with the provisions of paragraph 3.
- The imposition by a Member State, in respect of transport
operations carried out within the Community, 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 as from
the beginning of the second stage, unless authorised by the Commission.
- The Commission shall, acting on its own initiative or an application
by a Member State, 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 take
the necessary decisions.
- The prohibition provided for in paragraph 1 shall not apply to tariffs
fixed to meet competition.
Article 81. 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 progressively.
The Commission may make recommendations to Member States for the
application of this Article.
Article 82. The provisions of this Title 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.
Article 83. An Advisory Committee consisting of experts designated by the
Governments of Member States, shall be attached to the Commission. The
Commission, whenever it considers it desirable, shall consult the
Committee on transport matters without prejudice to the powers of the
transport section of the Economic and Social Committee.
- The provisions of this Title shall apply to transport by
rail, road and inland waterway.
- The Council may, acting by a qualified majority, decide whether, to
what extent and by what procedure appropriate provisions may be laid down
for sea and air transport.
The procedural provisions of Article 75(1) and (3) shall apply.