and is necessary both in view of the dangers to the undertaking resulting from the state of the  market and in order the acceptance in international economic relations of the  objective set out in Article 3( f ); any fixing of  minimum prices shall be without prejudice to  the measures provided for in the last subparagraph of Article 60( 2 ).

In fixing prices, the Commission shall take into account the need to ensure that the coal and  steel industries and the consumer industries remain competitive, in accordance with the  principles laid down in Article 3( c ).

If in these circumstances the Commission fails to act, the government of a Member State may  bring the matter before the Council, which may, acting unanimously, call upon the  Commission to fix such maximum or minimum prices.

Article 62

If the Commission considers this the most appropriate way of preventing coal from being  priced at the level of the production costs of the mines which have the highest costs but which  it is recognized should be temporarily maintained in service in order that the tasks laid down  in Article 3 may be performed, it may, after consulting the Consultative Committee, authorize  equalization payments:

• Between undertakings in the same coal field to which the same price lists apply;
• After consulting the Council, between undertakings in different coal fields.

These equalization payments may, moreover, be instituted as provided in Article 53.

Article 63

1. If the Commission finds that discrimination is being systematically practised by purchasers,  in particular under provisions governing contracts entered into by bodies dependent on a  public authority, it shall make appropriate recommendations to the governments concerned.

2. Where the Commission considers it necessary, it may decide that:

a. Undertakings must frame their conditions of sale in such a way that their customers and  commission agents acting on their behalf shall be under an obligation to comply with the rules  made by the Commission in application of this Chapter;

b. Undertakings shall be held responsible for infringements of this obligation by their direct  agents or by commission agents acting on their behalf.

In the event of an infringement of this obligation by a purchaser, the Commission may restrict  or, should the infringement be repeated, temporarily prohibit dealings with that purchaser by  Community undertakings.  If this is done, the purchaser shall have the right, without prejudice  to Article 33, to bring an action before the Court.

3. In addition, the Commission is empowered to make to the Member States concerned any  appropriate recommendations to ensure that the rules laid down for the application of Article  60( 1 ) are duly observed by all distributive undertakings and agencies in the coal and steel  sectors.

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