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Law-ref.org | TREATY ESTABLISHING A CONSTITUTION FOR EUROPE |
| 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.
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| 3. | The prohibition provided for in paragraph 1 shall not apply to tariffs fixed to meet competition. |