Official Journal L 237 , 26/08/1983 P. 0032 - 0033
Finnish special edition: Chapter 7 Volume 3 P. 0097
Spanish special edition: Chapter 07 Volume 3 P. 0172
Swedish special edition: Chapter 7 Volume 3 P. 0097
Portuguese special edition Chapter 07 Volume 3 P. 0172
31983D0418
Council Decision
83/418/EEC
of 25 July 1983
on the commercial independence of the
railways in the management of their international passenger and
luggage traffic
COUNCIL DECISION OF 25 JULY 1983 ON THE COMMERCIAL INDEPENDENCE OF THE RAILWAYS IN THE MANAGEMENT OF THEIR INTERNATIONAL PASSENGER AND LUGGAGE TRAFFIC ( 83/418/EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
HAS ADOPTED THIS DECISION :
ARTICLE 1
1 . MEMBER STATES SHALL TAKE THE NECESSARY STEPS TO ENSURE THAT THIS DECISION IS APPLIED TO THE FOLLOWING RAILWAY UNDERTAKINGS :
2 . AS REGARDS THE SOCIETE NATIONALE DES CHEMIN DE FER LUXEMBOURGEOIS ( CFL ) , BELGIUM AND FRANCE SHALL , IN CONJUNCTION WITH LUXEMBOURG , MAKE ANY AMENDMENTS TO THE BASIC TEXTS WHICH MAY PROVE NECESSARY TO ENABLE THIS DECISION TO BE APPLIED .
ARTICLE 2
IN ACCORDANCE WITH THIS DECISION , THE RAILWAY UNDERTAKINGS
SHALL ENJOY COMMERCIAL INDEPENDENCE IN THE MANAGEMENT OF
INTERNATIONAL PASSENGER AND LUGGAGE TRAFFIC .
THIS INDEPENDENCE SHALL BE USED IN PARTICULAR FOR INTENSIFYING
THEIR COOPERATION IN ORDER TO PURSUE COMMON OBJECTIVES AND SHALL
NOT PREJUDICE THEIR OBLIGATIONS AS A PUBLIC SERVICE .
ARTICLE 3
THE RAILWAY UNDERTAKINGS ARE FREE :
ARTICLE 4
1 . WITHIN THE FRAMEWORK OF THE COMMUNITY RULES APPLICABLE AND
IN PARTICULAR OF ARTICLE 9 ( 1 ) OF DECISION 75/327/EEC ( 4 ) , RAILWAY UNDERTAKINGS SHALL , IN ACCORDANCE
WITH THEIR COMMERCIAL INTERESTS AND TAKING ACCOUNT OF COSTS AND
THE MARKET SITUATION , FIX THE RATES AND CONDITIONS FOR THE
INTERNATIONAL CARRIAGE OF PASSENGERS AND LUGGAGE BETWEEN MEMBER
STATES .
2 . IN ORDER TO PROMOTE THE ATTAINMENT OF THE OBJECTIVES SET OUT
IN DECISION 75/327/EEC , RAILWAY UNDERTAKINGS SHALL APPLY RATES
IN INTERNATIONAL PASSENGER AND LUGGAGE TRAFFIC BETWEEN MEMBER
STATES INTENDED AT LEAST TO:
3 . THE MEASURES ADOPTED UNDER THIS DECISION SHALL AIM AT OPTIMIZING REVENUE AND IMPROVING THE FINANCIAL SITUATION OF THE RAILWAYS .
ARTICLE 5
BY 31 DECEMBER 1984 AT THE LATEST , THE RAILWAY UNDERTAKING SHALL SUBMIT TO THE COMMISSION AND TO THE COUNCIL A JOINT REPORT ON THE ADVISABILITY OF ESTABLISHING , FOR INTERNATIONAL PASSENGER TRAFFIC , A JOINT ORGANIZATION TO IMPLEMENT COMMERCIAL MEASURES .
ARTICLE 6
1 . BEFORE 1 JULY 1984 , AND AFTER CONSULTATION WITH THE
COMMISSION , MEMBER STATES SHALL ADOPT THE PROVISIONS NECESSARY
FOR THE IMPLEMENTATION OF THIS DECISION .
2 . AT THE REQUEST OF THE MEMBER STATE OR IF THE COMMISSION
CONSIDERS IT ADVISABLE , THE LATTER SHALL CONSULT THE MEMBER
STATES CONCERNED ON THE DRAFT PROVISIONS REFERRED TO IN PARAGRAPH
1 .
ARTICLE 7
FIVE YEARS AFTER THE ENTRY INTO FORCE OF THIS DECISION THE
COMMISSION SHALL REPORT TO THE COUNCIL ON THE RESULTS OF ITS
IMPLEMENTATION .
THE COUNCIL SHALL REVIEW THE SITUATION IN THE LIGHT OF THIS
REPORT AND , ON A PROPOSAL FROM THE COMMISSION , SHALL TAKE THE
APPROPRIATE DECISION BY A QUALIFIED MAJORITY .
ARTICLE 8
THIS DECISION IS ADDRESSED TO THE MEMBER STATES AND THE RAILWAY UNDERTAKINGS REFERRED TO IN ARTICLE 1 .
DONE AT BRUSSELS , 25 JULY 1983 .
FOR THE COUNCIL
THE PRESIDENT
C . SIMITIS
© EÚ