1992R0479 — EN — 01.05.2004 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EEC)No479/92
of25February1992
ontheapplicationofArticle85(3)oftheTreatytocertaincategoriesofagreements,decisionsand
concerted practices betweenlinershippingcompanies(consortia)
(OJ L 55, 29.2.1992, p. 3)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1/2003 of 16 December 2002 L 1 1 4.1.2003
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
▼B
COUNCILREGULATION(EEC)No479/92
of25February1992
on the application of Article 85 (3) of the Treaty to certain cate-
gories of agreements, decisions and concerted practices between
linershippingcompanies(consortia)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 87 thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
WhereasArticle 85 (1) of the Treaty may in accordance with Article
85 (3) thereof be declared inapplicable to categoriesof agreements ,decisions and concerted practices which fulfil the conditions contained
in Article 85 (3);
Whereas, pursuant to Article 87 of the Treaty, the provisions for the
application of Article 85 (3) of the Treaty should be adopted by wayof Regulation; whereas, according to Article 87 (2) (b), such a Regula-
tion must lay down detailed rules for the application of Article 85 (3),
taking into account the need to ensure effective supervision, on the onehand, and to simplify administration to the greatest possible extent onthe other; whereas, according to Article 87 (2) (d), such a Regulation isrequired to define the respective functions of the Commission and ofthe Court of Justice;
Whereas liner shipping is a capital intensive industry; whereas contain-
erization has increased pressures for cooperation and rationalization;whereas the Community shipping industry needs to attain the necessaryeconomies of scale in order to compete successfully on the world liner
shipping market;
Whereas joint-service agreements between liner shipping companies
with the aim of rationalizing their operationsby meansof technical,operational and/or commercial arrangements (described in shipping
circles as consortia) can help to provide the necessary means for
improving the productivity of liner shipping services and promotingtechnical and economic progress;
Having regard to the importance of maritime transport for the develop-
ment of the Community'strade and the role which cons ortiaagreements can fulfil in this respect, taking account of the specialfeaturesof international liner s hipping;
Whereas the legalization of these agreements is a measure which can
make a positive contribution to improving the competitiveness of ship-ping in the Community;
Whereas users of the shipping services offered by consortia can obtain
a share of the benefits resulting from the improvements in productivity
and service, by means of, inter alia , regularity, cost reductions derived
from higher levelsof capacity utilization, and better s ervice qualitystemming from improved vessels and equipment;
Whereas the Commission should be enabled to declare by way of
Regulation that the provisions of Article 85 (1) of the Treaty do notapply to certain categories of consortia agreements, decisions andconcerted practices, in order to make it easier for undertakings to coop-erate in ways which are economically desirable and without adverseeffect from the point of view of competition policy;1992R0479 — EN — 01.05.2004 — 002.001 — 2
(1) OJ No C 167, 10. 7. 1990, p. 9.
(2) OJ No C 305, 25. 11. 1991, p. 39.
(3) OJ No C 69, 18. 3. 1991, p. 16.
▼B
Whereas the Commission, in close and constant liaison with the
competent authorities of the Member States, should be able to defineprecisely the scope of these exemptions and the conditions attached to
them;
Whereas consortia in liner shipping are a specialized and complex type
of joint venture; whereasthere isa great variety of different cons ortiaagreements operating in different circumstances; whereas the scope,parties, activities or terms of consortia are frequently altered; whereasthe Commission should therefore be given the responsibility of defining
from time to time the consortia to which a group exemption should
apply;
Whereas, in order to ensure that all the conditions of Article 85 (3) of
the Treaty are met, conditionss hould be attached to group exemptionsto ensure in particular that a fair share of the benefits will be passed onto shippers and that competition is not eliminated;
Whereaspurs uant to Article 11 (4) of Council Regulation (EEC) No
4056/86 of 22 December 1986 laying down detailed rulesfor the appli-cation of Articles85 and 86 of the Treaty to maritime trans port (
1) the
Commission may provide that a decision taken in accordance withArticle 85 (3) of the Treaty shall apply with retroactive effect; whereasit is desirable that the Commission be empowered to adopt, by Regula-
tion, provisions to that effect;
Whereasnotification of agreements , decis ionsand concerted practices
falling within the scope of this Regulation must not be made compul-sory, it being primarily the responsibility of undertakings to see to itthat they conform to the ruleson competition, and in particular to theconditions laid down by the subsequent Commission Regulation imple-
menting thisRegulation;
Whereasthere can be no exemption if the conditionss et out in Article
85 (3) of the Treaty are not satisfied; whereas the Commission shouldtherefore have power to take the appropriate measures where an agree-ment provesto have effectsincompatible with Article 85 (3) of theTreaty; whereas the Commission should be able first to address recom-
mendations to the parties and then to take decisions,
HAS ADOPTED THIS REGULATION:
Article 1
1. Without prejudice to the application of Regulation (EEC) No
4056/86, the Commission may by regulation and in accordance withArticle 85 (3) of the Treaty, declare that Article 85 (1) of the Treatyshall not apply to certain categories of agreements between undertak-
ings, decisions of associations of undertakings and concerted practices
that have as an object to promote or establish cooperation in the jointoperation of maritime transport services between liner shipping compa-nies, for the purpose of rationalizing their operations by means oftechnical, operational and/or commercial arrangements— with theexception of price fixing (consortia).
2. Such regulation adopted pursuant to paragraph 1 shall define the
categories of agreements, decisions and concerted practices to which itapplies and shall specify the conditions and obligations under which,pursuant to Article 85 (3) of the Treaty, they shall be consideredexempted from the application of Article 85 (1) of the Treaty.
Article 2
1. The regulation adopted pursuant to Article 1 shall apply for a
period of five years, calculated as from the date of its entry into force.1992R0479 — EN — 01.05.2004 — 002.001 — 3
(1) OJ No L 378, 31. 12. 1986, p. 4.
▼B
2. It may be repealed or amended where circumstances have
changed with respect to any of the facts which were basic to its adop-tion.
Article 3
The regulation adopted pursuant to Article 1 may include a provision
stating that it applies with retroactive effect to agreements, decisions
and concerted practiceswhich were in exis tence at the date of entryinto force of such regulation, provided they comply with the conditionsestablished in that regulation.
Article 3a
A Regulation pursuant to Article 1 may stipulate that the prohibition
cointained in Article 85 (1) of the Treaty shall not apply, for such aperiod as fixed by that Regulation, to agreements, decisions and
concerted practices already in existence at the date of accession to
which Article 85 (1) applies by virtue of the accession of Austria,Finland and Sweden and which do not satisfy the conditions of Article85 (3). However, this Article shall not apply to agreements, decisionsand concerted practices which at the date of accession already fall
under Article 53 (1) of the EEA Agreement.
Article 4
Before adopting its regulation, the Commission shall publish a draft
thereof to enable all the persons and organizations concerned to submittheir comments within such reasonable time limit as the Commissionshall fix, but in no case less than one month.
Article 5
Before publishing the draft Regulation and before adopting the Regula-
tion, the Commission shall consult the Advisory Committee referred to
in Article 14 of Council Regulation (EC) No 1/2003 of 16 December
2002 on the implementation of the ruleson competition laid down inArticles81 and 82 of the Treaty (
1).
Article 7
ThisRegulation s hall enter into force on the day following itspublica-
tion in the Official Journal of the European Communities .
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1992R0479 — EN — 01.05.2004 — 002.001 — 4
(1) OJ L 1, 4.1.2003, p. 1.▼A1
▼B
▼M1
▼B