Taking into account needs recognized by it, in accordance with Articles 26 and 27 below and  excluding any special charges in connection with exports to third countries, the Commission  shall periodically determine the amount of the levy to be actually charged and of the  government subsidies related to it in accordance with the following rules:

1. Within the ceiling defined above; it shall calculate the amount to be actually levied in such a  way that the government subsidies to be actually paid shall be at least equal to that amount;

2. It shall fix the maximum permitted amount of the government subsidies, on the  understanding that:

• the governments may, but need not, grant subsidies up to that amount;
• Aid received from outside may in no circumstances exceeds the amount of the subsidy  actually paid.

Extra charges in connection with exports to third countries shall be allowed for neither in  calculating the equalization payments required nor in assessing the offsetting subsidies.

Belgium

Article 26

1. It is agreed that net Belgian coal production:

• Need not be reduced each year by more than 3% as compared with the level of the  preceding year if total Community production is the same or is above the level of the  preceding year; or,
• If total Community production is below the level of the preceding year, need not be  lower than the figure obtained by applying to the level of Belgian production in the  preceding year less 3% the same coefficient of decrease as that in total Community  production. ( * )

( * ) Example 1952, total Community production 250 million metric tons, total Belgian  production 30 million metric tons; 1953, total Community production 225 million metric tons,  i.e. coefficient of decrease 0.9. Hence, Belgian production in 1953 need not be lower than  30 0.97 0.9=26.19 million metric tons.

Of this reduction, 900 000 metric tons represents a permanent shift and the remaining 2 910  000 a downturn due to the business situation.

The Commission, as the body responsible for ensuring that the Community is kept regularly  supplied, shall make an assessment of the long term production and sales prospects and, after  consulting the Consultative Committee and the Council, shall make to the Belgian  Government, for as long as the Belgian market is insulated under paragraph 3 of this Article, a  recommendation as to the shifts in production levels which it finds possible on the basis of  this assessment. The Belgian Government shall decide, in agreement with the Commission,  what arrangements are to be made to cause these possible shifts to come about within the  limits defined above.

<91>