60 Official Journal of the European Communities 16.8.60 A ‘ OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 1121/60 REGULATION No 11 concerning the abolition of discrimination in transport rates and conditions, in implemen- tation of Article 79 (3) of the Treaty establishing the European Economic Community 1 THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY, ' Having regard to the Treaty establishing the Euro- pean Economic Community, and in particular Article - 79 thereof; Having regard to the proposal from the Com- mission; . Having regard to the Oplmon of the Economic and Social Committee; Whereas Article 79 (3) requires the Council to lay down rules for the abolition, as régards transport within the Community, of the forms of discrimi- nation referred to in Article 79 (1); Whereas such abolition requires the prohibition of the above-mentioned forms of discrimination, includ-. . ing the fixing by tariff or otherwise, of transport rates and conditions which, when applied, would constitute dlscrlmmatlon Whereas it will only be possible to check what trans- port rates and conditions are being applied and to detect any discrimination if carriers and agents con- cerned with the carriage of goods are required to sup- ply the necessary information, to make out a trans- port -document enabling such information to be checked and to submit themselves to inspection; Whereas, for the purpose of ensuring compliance - with these provisions, there should be instituted a system of penalties, such penalties to be subject to review by the Court of ]ustice exercising unlimited jurisdiction, as provided for in Artlcle 172 of the Treaty; HAS ADOPTED THIS REGULATION: Article 1 The provisions of this Regulation shall apply to the carriage of all goods by rail, road or inland waterway within the Community, with the exception of goods listed in Annexes I and III to the Treaty establishing the European Coal and Stee] Community. Article 2 1.  The provisions of this Regulation shall apply to all carriage of goods consigned from or to a point within the territory of a Member State, including the carriage thereof between Member States and third or associated countries. 2.  This Regulation shall apply only to those parts of a journey which take place within the Community. 3. This Regulation shall apply also to those parts of a journey effected by rail, road or inland waterway where the goods are carried by other modes of trans- port over other parts of the journey. Article 3 Where a carriage regulated by. the terms of a single contract is performed by successive carriers, each such carrier shall be subject to the provisions of this Regulation in respect of that part of the carriage which he performs. ' Article 4 1. In the case of transport within the Community, all discrimination by carriers which takes the form of charging different rates and imposing different con- ditions for carrying the same goods over the same transport links on grounds of the country of origin or of destination of the goods in questlon shall be pro- hibited. This - prohibition shall not affect the validity of pri- vate law contracts. 2. The fixing, by tariff or otherwise, of transport rates and conditions which, when ‘applied,. would constitute discrimination within the meaning of para- graph 1 shall also be prohibited.