9. 8. 82 Official Journal of the European Communities No L 234/5 COUNCIL DECISION of 19 July 1982 on the fixing of rates for the international carriage of goods by rail (82/529/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (%), Having regard to the opinion of the Economic and Social Commuttee (%), Whereas, pursuant to Council Decision 75/327/EEC of 20 May 1975 on the improvement of the situation of railway undertakings and the harmonization of rules governing financial relations between such undertakings and States (), railway undertakings should be managed in accordance with economic principles and to this end determine their transport rates with the aim of achieving optimum financial results and financial balance; Wheseas the attainment of these objectives presupposes the principle of commercial management of the carriage of goods by rail within a framework of sufficient commercial independence; Whereas, as part of such commercial management, the rates and conditions for the international carriage of goods between Member States must be laid down by the railway undertakings themselves in accordance with their commercial interests and taking account of the cost price and the market situation; Whereas the possibility of establishing, by means of bilateral or multilateral agreements between railway undertakings, tariffs with common scales, distinct from natonal tariffs, offering rates for - whole journeys is likely to strengthen the competitive position of railways and to increase the attractiveness of railway services to the customer; (*) OJ No C 293, 13. 12. 1976, p. 51. (*) OJ No C 281, 27. 11. 1976, p. 2. () OJ No L 152, 12. 6. 1975, p. 3. Whereas railways must have sufficient commercial independence for intensifying their cooperation in the pursuit of common objectives as regards the fixing of rates and conditions of carriage, 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: — Société nationale des chemins de fer belges (SNCB)/Nationale Maatschappij der Belgische Spoorwegen (NMBS), — Danske Statsbaner (DSB), — Deutsche Bundesbahn (DB), — Opyoviopog Zidnpodpopwyv EALGSoc A.E. (OZE), — Société nationale des chemins de fer frangais (SNCF), — Coéras Jompair Eireann (CIE), — Azienda autonoma delle ferrovie dello Stato (FS), — Société nationale des chemins de fer luxem- bourgeois (CFL), — Naamloze Vennootschap Nederlandse Spoor- wegen (NS), : — British Railways Board (BRB), — Northern Ireland Railways Company Ltd (NIR). 2. As regards the Société nationale des chemins de fer luxembourgeois (CFL), Belgium and France shall, in conjunction with Luxembourg, make any amendments to the basic texts which may prove necessary to permit the application of this Decision. This Decision shall be applied without prejudice to Article 5 of the Belgo-Franco-Luxembourg Convention of 17 April 1946. Article 2 Within the framework of the Community rules applicable and in particular of Article 9 (1) of Council Decision 75/327/EEC, the 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 goods between Member States. These rates shall be drawn up in the form of company tariffs or special agreements as provided for in this Decision.