prop · GG03202 · 1992-12-31 00:00:00 — Such filing shall not be required to be submitted more than 24 hours(including a working day) (M Scc page 1 of this Off\cial journal. If within fourteen days of the date of receivingnotification no other concemed or the Commission has notifieddisagreement stating its reasons on the basis or paragraph 1, the Member Statewhich has taken the dedsion putsuant to paragraph 1 may instrua the aircarrier In the case of disagreement, any involvedmay require consultations to review the situation. The consultations shall takeplace within 14 days of being requested, unless otherwise agreed. Official Joumal of Communities Prop.1992/93:202 Bilaga 3 NoL 240/17 At the request of a Member Stateinvolved the Commission shall examine whether a decision to aa or not to aapursuant to Article 6 complies with the criteria of Artide 6 (1). The MemberState shall at the same time inform the other Member State(s) concemed and theair () concemed. The Commission shall fonhwith publish in the OfficialJoumal of Communities that the air fare(s) have been submitted forexamination. Notwithstanding paragraph 1, theCommission may, on the basis of a complaint made by a party with a legitimateinterest, investigate whether air fares comply with the CTiteria of Article6(1). The Commission shall forthwith publish in the Communities that the air fare(s) have been submitted for examination. determination where an air supplies incorreainformation or produces it in incomplete form or does not supply it within thetime limit fixed by decision under paragraph 5. 7.The Commissionshall without delay commtmicate its reasoned dedsion under paragraphs 4 and 6to the Member State(s) concemed and to the air () concemed. A concemed may referthe Commission's decision under paragraph 4 to the Council within a time limitof one month. , aaing by a qualified majority, may take a differentdecision within a period of one month. The Member States concemed shallensure that the Commission's decision is enforced, unless the decision is underexamination by the Council or the Council has taken a different decision inaccordance with paragraph 8. An airfare in force at the time of its submission for examination in accordance with paragraph 1 shall remain in force during the examination. However, where the Commission, or the Council in accordance with paragraph 8, has dedded within the previous six months that a similar or lower level of the basic fare on the city-pair concemed does not coqjply with the criteria of Article 6(1) (a), the air fare shall not remain in force during the examination. Furthermore, where paragraph 6 has been applied, the aircarrier concemed may not, during the examination by the Conunission, apply ahigher basic fare than the one which was applicable immediately before thebasic fare under examination. Following consultations with theMember States concemed, the Commission shaS take a dedsion as soon as possibleand in any event not låter than twenty working days after having receivedsuffident information from the air carricr(s) concemed. The Commission shalltake into account all information received from intcrcsted parties. When an air does not supplythe information requested within the time limit fixed by the Commission, orsupplies it in incomplete form, the Commission shall be decision require theinformation to be supplied. The dedsion shall specify what information isrequired and fix an appropriate time limit within which it is to be supplied. 6.The Commissionmay, by dedsion, decide that an air fare in force shall be withdrawn pending its final At least once a year the Commission shall consult on airfares and related matters with representatives of air transport userorganisations in the Community, for which purpose the Commission shall supplyappropriate information to participants. The Commission shall publish a report on the applicationof this Regulation by and periodically thereafter. Member States and the Commission shall cooperate in implementing this Regulation, particularly as regards collection of informarion for the report referred to in Artide 9. Confidential information obtained in application of this Regulation shall be covered by professional secrecy. Article 11 Regulation (EEC) No 2342/90 is hereby repealed. Artide 12 This Regulation shall enter into force on 1January 1993. ThisRegulation shall be binding in its entirety and direcdy applicable in allMember States. Done at , 23 1992 No L 122/2 Official Joumal of Communities Prop.1992/93:202 Bilaga 3 COUNCIL REGULATION (EEC) No 1284/91 amending Regulation (EEC) No 3975/87 laying down theprocedure for the application of the rules on romperition to undertakings inthe air transport THECOUNCIL OF THE EUROPEAN COMMUNmES, Having regard to the Treaty establishing the EuropeanEconomic Community, and in particular Artide 87 thereof. Whereas itis therefore necessary to amend Regulation (EEC) No 3975/87 0, HAS ADOPTED THIS REGULATION : Having regard to the proposal from the Commission ('), Having regard to the opinion of Pariiament ( Having regard to the opinion of the Economic and SocialCommittee ('), Regulation (EEC) No 2342/90 of 24 July1990 on fares for scheduled air services (*) and Regulation (EEC) No 2343/90 Oconceming access to the märket and the sharing of passenger capacity providefor further liberalization of the tariff system within the Community; Whereas, while the Community air transport policy willenable to compete on their merits and will thus contribute to a moredynamic industry in the interests of the air transport user, the Commissionshould be able to take prompt action in cases where air engage inpractices which are contrary to the competition rules and which may threatenthe viability of services operated by a competitof or even the existence of anairline company and thus cause irreversible damage to the competitivestructure; Whereas it is appropriate to provide for a specific procedureaccording to which the Commission may apply the competition niles more promptiyin cases where there is an urgend need to prevent, or act against, suchanti-compeutive practices; Whereas this procedure should provide the undertakingsconcemed with the oppottunity to comment in writing on the matters to whichobjection is taken; C) OJ No C 155, 26. 1990, p. OJ No C 101, 18. 1991, p. fO OJ No C 48, 25. 1991, p. O OJ No C 41, 18. 1991, p. C) OJ No L 217. 1990, p. (=) OJ No L 217, 11. 1990, p. Regulation (EEC) No 3975/87 is hereby amendcd asfollows : TTie following Article shall be inserted : Interim measures against anti-competitive practices 1.Withoutprejudice to the application of Anicle 4 (1), where the Commission has clearprima facie evidence that certain practices are contrary to Article 85 or 86 ofthe Treaty and have the object or effect of directly jeopardizing the existenceof an air service, and where recourse to normal procedures may not besufficient to protect the air service or the airline company concemed, it mayby decision take interim measures to ensure that these practices are not implementedor cease to be implemented and give such instructions as are necessary toprevent the occurrence of these practices until a decision under Article 4 (1)is taken. 2.A decisiontaken pursuant to paragraph 1 shall apply for a period not exceeding sixmonths. Article 8 (5) shall not apply. The Commission may renew the initial decision, with orwithout modification, for a period not exceeding three months. In such case,Article 8 (5) shall apply.' The following shall be added to Article 13 (1): '(e) to comply with any measure imposed by decision takenunder Article 4a.' In Article 16 (I) '4a,' shall be inserted after '4,' This Regulation shall enter into force on the dayfollowing its publication in the Official Joumal of Communities. (♦) OJ No L 374, 31. 1987, p. 1992/93:202 Bilaga 3 91 Official Joumal of Communities No L 122/3 This Regulation shall be binding in its entirety ariddirectly applicable in all Member States. Done at Bmssels, 14 1991. NoL 240/18 Offidal Joumal of Communities Prop.1992/93:202 Bilaga 3 COUNCIL REGULATION (EEC) No 2410/92 amendingRegulation (EEC) No 3975/87 laying down the procedure for the application ofthe rules oo competition to undertakings in the air transport scaor THECOUNCIL OF THE EUROPEAN COMMUNmES, Having regard to the Treaty establishing the EuropeanEconomic Community, and in particular Artide 87 thereof. Having regard to the proposal from the Commission ('), Having regard to the opinion of Parliament (), Having regard to the opinion of the Economic and SocialCommittee (), Whereasair transpon entirely within a is now also subjea to Communityliberalization measures; whereas it is therefore desirable for rules to be laiddown under which the Commission, aaion in dose and liaison with thecompetent authorities of the Member States, may take the requisite measures forthe application of Artides 85 and 86 of the Treaty to this area of airtransport, in situations where trade between Member States may be affeaed; Whereas there is a need to establish a secure and dearlegal framework for air transpon within a , while ensuringconsistent application of the competition rules; whereas, therefore, the scopeof Regulation (EEC) No 2975/87 shoidd be extended to this area of air transpon. HASADOPTED THIS REGULATION: WhereasRegulation (EEC) No 3975/87 C) formed pan of a package of interrelated measuresadopted by the Council as a first step towards completing the intema! märket intranspon; whereas its scope was accordingly limited to intemational airtranspon between Community airpons; The word 'intemational' is hereby delcted from Artide 1(2) of Regulation (EEC) No 3975/87. Whereas,therefore, the Commission has no means at present of investigating direcdycases of suspeaed infringement of Artides 85 and 86 of the Treaty and lacks thepowers to take decisions or impose such penalties as are necessary for it toauthorize agreements under Anide 85 (3) and to bring to an end infringementsestablished by it in relation to transpon within a Member State; This Regulation shall enter into force on the dayfollowing that of its publication in the Official Joumal of the EuropeanCommunities. This Regulation shall be binding in its entirety anddirealy applicable in all Member States. Done at Bmssels, 23 1992 (1) OJ No C 255, 30. 1991, p. () OJ No C 125, 18. 5.1992, p. (>) OJ No C 169, 6. 1992, p. C) OJ NoL 374, 31. 12.1987, p. Prop.1992/93:202 Bilaga 3 No L240/19 COUNCIL REGULATION (EEC) No 2411/92 amendingRegulation (EEC) No 3976/87 on the application of Artide 85 (3) of the Treatyto cenain categories of agreements and concerted praaices in the air transportscaor THECOUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the EuropeanEconomic Community, and in partictUar Article 87 thereof, scope ofthese block exemptions and the conditions anached to them should be defined bythe Commission, in dose liaison with the Member States, taking into accountchanges to the competitive environment achieved since the entry into force ofRegulation (EEC) No 3976/87, Having regard to the proposal from the Commission ('), Having regard to the opinion of Parliament (), HAS ADOPTED THIS REGULATION: Artide 1 Having regard lo the opinion of the Economic and SocialCommittee (), Regulation (EEC) No 3976/87 is hereby amended as follows; The word 'intemational' shall be deleted in Article1. Whereas,in accordance with Council Regulation (EEC) No 3975/87 of 14 December 1987laying down the procedure for the application of the mles of competition toundenakings in the air transport seaor (*), the Commission now has power toimplement the competition mles in respea of air transport within a MemberState; whereas it is therefore desirable to provide for the possibility ofadopting block exemptions applicable to that area of transport; Whereas Regulation (EEC) No 3976/87 {) empowers rfie Commissionto declare by way of Regulation that the provisions of Artide 85 (1) do notapply to cenain categories of agreements berween undertakings, dedsions byassodations of undertakings and concerted praaices; Whereas the power to adopt these block exemptions wasgranted for a limited period, expiring on , to allow aircarriers to adapt to the more competitive environment resulting from changes inthe regulatory systems applicable to intra-Community intemational airtransport; Whereas a continuarion of block exemptions after that dateis justified by the further measures to liberaliie the air transport seaoradopted by the Community; whereas the Article 2 (2) shall be replaced by the following: The Commission may, in particular, adopt suchRegulations in respea of agreements, dedsions or concerted practices which haveas their objea any of the following: joint planningand coordination of airlme schedules, consultationson tariffs for the carriage of passengers and baggage and of freight onschedided air services, jointoperations on new less busy scheduled air services, slöt allocationat'airports and airpon scheduling; the Commision shall take care to ensureconsisteacy with the Code of Condua adopted by the Coundl, commonpurchase, development and operation of Computer reservation systems relating totimetabling, reservations and ticketing by air transpon undertakings; theCommission shall uke care to ensure consistency with the Code of Condua adoptedby the Council.' C) OJ No C255, 30. 1991, p. () Opiniondclivtfrcd on 10 1992 (not yct published in the C) OJ No C 169, 6. 1992, p. (<) OJ No L 374, 31. Last amcnded by Regulation (EEC) No2410/92 (Scc page 18 of ihis Offidal Joumal) (S) OJ No L 374, 31. 1987, p.9. (EEC) No 2344/90 (OJ No L 217, 11. 1990, p. Artide 3 shall be replaced by the following: adopted pursuant to Artide 2 shall be for aspedfied period. 1992/93:202 Bilaga 3 No L 240/20 Official Joumal of Communities 24. It may be repealed or amended where circumstances 4. Article 8 shall be deleted. have changed with respea to any of the faaors which prompted its adoption; in such case, a period shall be Artide 2 fixed for amendment of the agreements and concerted This Regulation shall enter into force on the thirdday practices to which the earlier Regulation applied before following that of its publicationin the Official Joumal of repeal or amendment.' This Regulation shall be binding in its entirety anddirealy applicable in all Member States. Done at Bmssels, 23 1992. No L 373/4 Official Joumal of Communities Prop.1992/93:202 Bilaga 3 COUNCIL REGULATION (EEC) No 3922/91 on the harmonization of technical requirements andadministrative procedures in the field of THECOUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the EuropeanEconomic Community, and in particular Artide 84 (2) thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of Parliament (), thedevelopment and implementation of joint requirements (JARs) in allfields relating to the safety of airaaft and their operation; Whereas, under the common transpon policy, technicalrequirements and administrative procedures relating to the safety of airaafrand their operation should be harmonized on the basis of the JAR codes of theJAA; Having regard to the opinion of the Economic and SodalCommittee (3), Whereasthe accession of all Member States to the JAA and the partidpation of theCommission in its proceedings would fadlitate such harmonization; Whereas,as provided for in Artide 8a of the Treaty, measures should be adopted with theaim of progressively establishing the intemal marker över a period expiring on31 ; whereas the intemal märket will comprise aa area withoutintemal frontiers in which the free movement of goods, persons, services andcapital is ensured; Whereas a high general level of safety in dvil inEuropé shoidd be maintained and current technical requirements andadministrative procedures in the Member States should be raised to the higheststandard cunently attained in the Community; Whereas, in order to achieve the Conununity objectives asregards freedom of movement of persons and products and also as regards thecommon transpon policy, Member States should accept the certification ofproducts and of bodies and persons concemed with the design, manufacture,maintenance and operation of products, without further technical work or evaluation,when the produa, organization or person has been certificated in accordancewith the common technical requirements and administrative procedures; Whereas safety is a key faaor in Community air transport;whereas account should be taken of the Convention on Intemational CivilAviation, signed in on , which provides forimplementation of the measures necessary to ensure the safe operation ofaircraft; Whereassafety problems may arise and, in such case, Member States must take allappropriate measures as a matter of urgency; whereas such measures must be dulyjustified and, where the common technical requirements and administrativeprocedures present shoncomings, it is for the Commission, exerdsing itsimplementing powers, to adopt the necessary amendments; Whereasthe current restrictions on the transfer of aircraft and produas andof certain services in the field of between Member States would causedistortions in the intemal märket; Whereas it is desirable that funding by the Member Statesof rcsearch to improve safety be coordinated to ensure optimum use ofresourccs and to enable the maximum benefit to be achieved; (), an assodated body of CivUAviation Conférence (ECAC), have worked out arrangements to cooperate in (1) OJ No C 270, 26. 1990, p. (2) OJ No C 267, 14. 1991, p. 154. ') OJ No C 159, 17. 1991, p. Whereas it is appropriate to empower the Commission,assisted by a nominated by the Member States, to make theamendments devoloped by the JAA to the common technical requirements andadministrative procedures adopted by the Council, 4 1992/93. Offidal Joumal of Conununities Prop.1992/93:202 Bilaga 3 No L 373/5 HAS ADOPTED THIS REGULATION: Artide 1 This Regulation shall apply to the harmonization oftechnical requirements and administrative procedures in the field of dvilaviation safety as listed in , and in particular with respea to: the design,manufacture, operation and maintenance of aircraft, persons and organizations involvedin these tasks. The harmonized technical requirements andadministrative procedures referred to in paragraph 1 shall apply to allaircraft operated by operators as defined in Artide 2 (a), whether registeredin a or in a third country. the required by national laws and procedures; thisaa is referred to as 'making the legal findings'; (f) 'maintenance' means all inspections, servioing, modification and repair throughout the life of an aircraft needed to ensure that the aircraft remains in compliance with the type certification and offers a high level of safety in all circumstances; this shall indude in particular modifications imposed by the authorities party to the arrangements referred to in (h) in accordance with airworthiness checking concepts; (g) 'national variant' means a national requirementor regulation imposed by a country in addition to or instead of a JAR; (h) 'arrangements' means arrangements developed under theauspices of () for cooperation inthe development and implementation of joint requirements in all fidds relatingto the safety and safe operation of airaaft. These anangements are spedfied inAnnex I. For the purpose of this Regulation: (a) 'operator' means a natural personresiding in a or a legal person established in a usingone or more aircraft in accordance with the regulations applicable in thatMember State, or a Community air as defined in Community legislation; (b) 'produa* means a dvil aircraft,engine, propeller or appliance; (c)'appliance'means any instrument, equipment, mechanisra, apparatus or accessory used orintended to be used in operating an aircraft in flight, whether installed in,intended to be installed in, or attached to, a dvil airaaft, but not formingpan of an airframe, engine or propeller; (d) 'component' means a material, part orsub-assembly not covered by the definitions in (b) or (c) for use on dvil airaaft, engincs, propellers or appliances; (e) 'certification' (of a produa, service,organization or person) means any form of legal recognition that such a produa, service, body or person complies with the appUcable requirements. Such certification comprises two acts: (i) the aa of checking that technically the produa,service, organization or person complies with the applicable requirements; thisaa is referred to as 'making the technical findings'; (ii) the aa of formål recognition of such compliance withthe applicable requirements by the issue of a certificate, licence, approval orother document in Without prejudice to Anicle 11, the common technicalrequirements and administrative procedures appUcable in the Community withregard to the fields listed in be the relevant codes referred toin that Armex and in force on 1 January 1992. With regard to fields not listed in Aimex II, theCouncil shall adopt common technical requirements and administrative procedures on the basis of Artide 84 (2) of the Treaty. The Commission shall, where appropriate and as soon as possible, submit suitable proposals in these fidds. Pending adoption of the proposals referred to in paragraph 1 member States may apply the relevant provisions of their existing national regulations. Member States shall ensure that their responsible dvilaviation authorities meet the conditions for membership of the JAA spedfied inthe arrangements and shall sign such anangements without reservation before 1January 1992. Member States shall, without further technical requirements or evaluation, recognize produas designed. No L 373/6 Offidal Joumal of Conununities Prop.1992/93:202 Bilaga 3 manufactured,operated and maintained in compliance with the common technical requirementsand administrative procedures where such produas have been certificated byanother . When the original recognition is for a particularpurpose, or purposes, any subsequent recognition shall cover the samepurpose(s). Existing produas and their derivatives which are notcertificated in accordance with the common technical requirements andadministrative procedure may be accepted by a under their ourentnational regulations pending the adoption of the common technical requirementsand administrative procedures appUcable to these produas pursuant to thisRegulation. thereof.After consulting the Member States, the Commission may take any relevantinitiative to promote such national research programmes. Member States shall notify the Commission of: (a) any new or amended requirement orprocediue developed or adopted in accordance with procedures laid down in theArrangements; and (b) any modification of theArrangements; and (c)theresults of consultations with industry and other interested bodies. MemberStates shall recognize the certification granted pursuant to this Regulation byanother or by a body aaing on its behalf, to bodies or personsplaced under its jurisdiaion and under its authority, who are concemed with thedesign, manufacture and maintenance of produas, and the operation of airaaft. The Commission, following the procedure laid down inArtide 12, shall make the amendments necessitated by sdentific and technicalprogress to the common technical requirements and administrative procedureslisted in Aimex II or adopted by the Council in accordance with Article 4. None of the above provisions shall prevent a from reacring immediately to a safety problem which becomes apparent from an acddent, inddent or service experience and involves either a produa designed, manufactured, operated or maintained in accordance with this Regulation, or a person, procedure or body involved in such tasks. If the safety problem results from: