1987R3975 — EN — 24.08.1992 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EEC)No 3975/87
of 14 December 1987
laying down the procedure for the application of the rules on competition to undertakings in the
air transport sector
(OJ L 374, 31.12.1987, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 1284/91 of 14 May 1991 L122 2 17.5.1991
►M2Council Regulation (EEC) No 2410/92 of 23 July 1992 L240 18 24.8.1992
Corrected by:
►C1Corrigendum, OJ L 30, 2.2.1988, p. 40 (3975/87)
►C2Corrigendum, OJ L 43, 15.2.1989, p. 56 (3975/87)
NB: ThisconsolidatedversioncontainsreferencestotheEuropeanunitofaccountand/ortheecu,whichfrom1January1999
shouldbeunderstoodasreferencestotheeuro—CouncilRegulation(EEC)No3308/80(OJL345,20.12.1980,p.1)andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
1987R3975 — EN — 24.08.1992 — 001.001 — 2
▼B
COUNCIL REGULATION (EEC)No 3975/87
of 14 December 1987
laying down the procedure for the application of the rules on
competition to undertakings in the air transport sector
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 opinions of the European Parliament(2),
HavingregardtotheopinionoftheEconomicandSocialCommittee(3),
Whereas the rules on competition form part of the Treaty’s general
provisions which also apply to air transport; whereas the rules forapplying these provisions are either specified in the Chapter oncompetition or fall to be determined by the procedures laid downtherein;
Whereas,accordingtoCouncilRegulationNo141(
4),CouncilRegula-
tion No 17(5) does not apply to transport services; whereas Council
Regulation (EEC) No 1017/68(6) applies only to inland transport;
whereasCouncilRegulation(EEC)No4056/86(7)appliesonlytomari-
time transport; whereas consequently the Commission has no means atpresent of investigating directly cases of suspected infringement ofArticles85and86oftheTreatyinairtransport;whereasmoreovertheCommission lacks such powers of its own to take decisions or imposepenalties as are necessary for it to bring to an end infringementsestablished by it;
Whereasairtransportischaracterizedbyfeatureswhicharespecificto
thissector;whereas,furthermore,internationalairtransportisregulatedby a network of bilateral agreements between States which define theconditions under which air carriers designated by the parties to theagreements may operate routes between their territories;
Whereas practices which affect competition relating to air transport
betweenMemberStatesmayhaveasubstantialeffectontradebetweenMember States; whereas it is therefore desirable that rules should belaid down under which the Commission, acting in close and constantliaison with the competent authorities of the Member States, may takethe requisite measures for the application of Articles 85 and 86 of theTreaty to international air transport between Community airports;
Whereas such a regulation should provide for appropriate procedures,
decision-making powers and penalties to ensure compliance with theprohibitionslaiddowninArticles85(1)and86oftheTreaty;whereasaccount should be taken in this respect of the procedural provisions ofRegulation(EEC)No1017/68applicabletoinlandtransportoperations,which takes account of certain distinctive features of transport opera-tions viewed as a whole;
Whereasundertakingsconcernedmustbeaccordedtherighttobeheard
by the Commission, third parties whose interests may be affected by adecision must be given the opportunity of submitting their commentsbeforehand and it must be ensured that wide publicity is given todecisions taken;
(1) OJ No C 182, 9. 7. 1984, p. 2.
(2) OJ No C 182, 19. 7. 1982, p. 120 and
OJ No C 345 21. 12. 1987.
(3) OJ No C 77, 21. 3. 1983, p. 20.
(4) OJ No 124, 28. 11. 1962, p. 2751/62.
(5) OJ No 13, 21. 2. 1962, p. 204/62.
(6) OJ No L 175, 23. 7. 1968, p. 1.
(7) OJ No L 378, 31. 12. 1986, p. 4.
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Whereas all decisions taken by the Commission under this Regulationare subject to review by the Court of Justice under the conditionsspecified in the Treaty; whereas it is moreover desirable, pursuant toArticle172oftheTreaty,toconferupontheCourtofJusticeunlimitedjurisdiction in respect of decisions under which the Commissionimposes fines or periodic penalty payments;
Whereas it is appropriate to except certain agreements, decisions and
concerted practices from the prohibition laid down in Article 85 (1) oftheTreaty,insofarastheirsoleobjectandeffectistoachievetechnicalimprovements or cooperation;
Whereas, given the specific features of air transport, it will in the first
instance be for undertakings themselves to see that their agreements,decisionsandconcertedpracticesconformtothecompetitionrules,andnotification to the Commission need not be compulsory;
WhereasundertakingsmaywishtoapplytotheCommissionincertain
cases for confirmation that their agreements, decisions and concertedpracticesconformtothelaw,andasimplifiedprocedureshouldbelaiddown for such cases;
WhereasthisRegulationdoesnotprejudgetheapplicationofArticle90
of the Treaty,
HAS ADOPTED THIS REGULATION:
Article 1
Scope
1. This Regulation lays down detailed rules for the application of
Articles 85 and 86 of the Treaty to air transport services.
2. This Regulation shall apply only to ►M2 ◄air
transport between Community airports.
Article 2
Exceptions for certain technical agreements
1. TheprohibitionlaiddowninArticle85(1)oftheTreatyshallnot
applytotheagreements,decisionsandconcertedpracticeslistedintheAnnex, in so far as their sole object and effect is to achieve technicalimprovements or cooperation. This list is not exhaustive.
2. If necessary, the Commission shall submit proposals to the
Council for the amendment of the list in the Annex.
Article 3
Procedures on complaint or on the Commission’s own initiative
1. Acting on receipt of a complaint or on its own initiative, the
Commission shall initiate procedures to terminate any infringement ofthe provisions of Articles 85 (1) or 86 of the Treaty.
Complaints may be submitted by:
(a) Member States;
(b) natural or legal persons who claim a legitimate interest.
2. Uponapplicationbytheundertakingsorassociationsofundertak-
ings concerned, the Commission may certify that, on the basis of thefacts in its possession, there are no grounds under Article 85 (1) orArticle86oftheTreatyforactiononitspartinrespectofanagreement,decision or concerted practice.
1987R3975 — EN — 24.08.1992 — 001.001 — 4
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Article 4
Result of procedures on complaint or on the Commission’s own
initiative
1. Where the Commission finds that there has been an infringement
of Articles 85 (1) or 86 of the Treaty, it may by decision require theundertakingsorassociationsofundertakingsconcernedtobringsuchaninfringement to an end.
Without prejudice to the other provisions of this Regulation, the
Commission may address recommendations for termination of theinfringement to the undertakings or associations of undertakingsconcerned before taking a decision under the preceding subparagraph.
2. IftheCommission,actingonacomplaintreceived,concludesthat,
on the evidence before it, there are no grounds for intervention underArticles85(1)or86oftheTreatyinrespectofanyagreement,decisionorconcertedpractice,itshalltakeadecisionrejectingthecomplaintasunfounded.
3. IftheCommission,whetheractingonacomplaintreceivedoron
its own initiative, concludes that an agreement, decision or concertedpracticesatisfiestheprovisionsofbothArticle85(1)and85(3)oftheTreaty,itshalltakeadecisionapplyingparagraph3ofthesaidArticle.Such a decision shall indicate the date from which it is to take effect.This date may be prior to that of the decision.
▼
M1
Article 4a
Interim measures against anti-competitive practices
1. Without prejudice to the application of Article 4 (1), where the
Commission has clear prima facieevidence that certain practices are
contrarytoArticle85or86oftheTreatyandhavetheobjectoreffectof directly jeopardizing the existence of an air service, and whererecourse to normal procedures may not be sufficient to protect the airservice or the airline company concerned, it may by decision takeinterim measures to ensure that these practices are not implemented orceasetobeimplementedandgivesuchinstructionsasarenecessarytopreventtheoccurrenceofthesepracticesuntiladecisionunderArticle4(1) is taken.
2. Adecisiontakenpursuanttoparagraph1shallapplyforaperiod
not exceeding six months. Article 8 (5) shall not apply.
TheCommissionmayrenewtheinitialdecision,withorwithoutmodi-
fication,foraperiodnotexceedingthreemonths.Insuchacase,Article8 (5) shall apply.
▼
B
Article 5
Application of Article 85 (3)of the Treaty
Objections
1. Undertakingsandassociationsofundertakingswhichwishtoseek
application of Article 85 (3) of the Treaty in respect of agreements,decisions and concerted practices falling within the provisions of para-graph 1 of the said Article to which they are parties shall submitapplications to the Commission.
2. If the Commission judges an application admissible and is in
possession of all the available evidence and no action under Article 3hasbeentakenagainsttheagreement,decisionorconcertedpracticeinquestion,thenitshallpublishassoonaspossibleinthe OfficialJournal
of the European Communities a summary of the application and invite
all interested third parties and the Member States to submit theircomments to the Commission within 30 days. Such publications shallhave regard to the legitimate interest of undertakings in the protectionof their business secrets.
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3. Unless the Commission notifies applicants, within 90 days of thedate of such publication in the Official Journal of the European
Communities, that there are serious doubts as to the applicability of
Article 85 (3) of the Treaty, the agreement, decision or concertedpractice shall be deemed exempt, in so far as it conforms with thedescription given in the application, from the prohibition for the timealready elapsed and for a maximum of six years from the date ofpublication in the Official Journal of the European Communities .
If the Commission finds, after expiry of the 90-day time limit, but
before expiry of the six-year period, that the conditions for applyingArticle 85 (3) of the Treaty are not satisfied, it shall issue a decisiondeclaringthattheprohibitioninArticle85(1)applies.Suchadecisionmay be retroactive where the parties concerned have given inaccurateinformation or where they abuse an exemption from the provisions ofArticle 85 (1) or have contravened Article 86.
4. The Commission may notify applicants as referred to in the first
subparagraph of paragraph 3; it shall do so if requested by a MemberState within 45 days of the forwarding to the Member State of theapplication in accordance with Article 8 (2). This request must bejustifiedonthebasisofconsiderationsrelatingtothecompetitionrulesof the Treaty.
IfitfindsthattheconditionsofArticle85(1)and(3)oftheTreatyare
satisfied,theCommissionshallissueadecisionapplyingArticle85(3).Thedecisionshallindicatethedatefromwhichitistotakeeffect.Thisdate may be prior to that of the application.
Article 6
Duration and revocation of decisions applying Article 85 (3)
1. AnydecisionapplyingArticle85(3)oftheTreatyadoptedunder
Articles4or5ofthisRegulationshallindicatetheperiodforwhichitisto be valid; normally such a period shall not be less than six years.Conditions and obligations may be attached to the decision.
2. The decision may be renewed if the conditions for applying
Article 85 (3) of the Treaty continue to be satisfied.
3. The Commission may revoke or amend its decision or prohibit
specific acts by the parties:
(a) wheretherehasbeenachangeinanyofthefactswhichwerebasic
to the making of the decision; or
(b) wherethepartiescommitabreachofanyobligationattachedtothe
decision; or
(c) wherethedecisionisbasedonincorrectinformationorwasinduced
by deceit; or
(d) where the parties abuse the exemption from the provisions of
Article 85 (1) of the Treaty granted to them by the decision.
Incasesfallingundersubparagraphs(b),(c)or(d),thedecisionmaybe
revoked with retroactive effect.
Article 7
Powers
Subject to review of its decision by the Court of Justice, the Commis-
sionshallhavesolepowertoissuedecisionspursuanttoArticle85(3)of the Treaty.
The authorities of the Member States shall retain the power to decide
whetheranycasefallsundertheprovisionsofArticle85(1)orArticle86 of the Treaty, until such time as the Commission has initiated aprocedurewithaviewtoformulatingadecisiononthecaseinquestionorhassentnotificationasprovidedbythefirstsubparagraphofArticle5 (3) of this Regulation.
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Article 8
Liaison with the authorities of the Member States
1. The Commission shall carry out the procedures provided for in
thisRegulationincloseandconstantliaisonwiththecompetentauthori-ties of the Member States; these authorities shall have the right toexpress their views on such procedures.
2. The Commission shall immediately forward to the competent
authorities of the Member States copies of the complaints and applica-tions and of the most important documents sent to it or which it sendsout in the course of such procedures.
3. An Advisory Committee on Agreements and Dominant Positions
in Air Transport shall be consulted prior to the taking of any decisionfollowinguponaprocedureunderArticle3orofanydecisionunderthesecondsubparagraphofArticle5(3),orunderthesecondsubparagraphof paragraph 4 of the same Article or under Article 6. The AdvisoryCommittee shall also be consulted prior to adoption of the imple-menting provisions provided for in Article 19.
4. The Advisory Committee shall be composed of officials
competent in the sphere of air transport and agreements and dominantpositions. Each Member State shall nominate two officials to representit, each of whom may be replaced, in the event of his being preventedfrom attending, by another official.
5. Consultation shall take place at a joint meeting convened by the
Commission;suchameetingshallbeheldnotearlierthan14daysafterdispatch of the notice convening it. In respect of each case to beexamined, this notice shall be accompanied by a summary of the case,together with an indication of the most important documents, and apreliminary draft decision.
6. TheAdvisoryCommitteemaydeliveranopinionnotwithstanding
thatsomeofitsmembersortheiralternatesarenotpresent.Areportofthe outcome of the consultative proceedings shall be annexed to thedraft decision. It shall not be made public.
Article 9
Requests for information
1. In carrying out the duties assigned to it by this Regulation, the
Commission may obtain all necessary information from the govern-mentsandcompetentauthoritiesoftheMemberStatesandfromunder-takings and associations of undertakings.
2. When sending a request for information to an undertaking or
associationofundertakings,theCommissionshallforwardacopyoftherequestatthesametimetothecompetentauthorityoftheMemberStatein whose territory the head office of the undertaking or association ofundertakings is situated.
3. In its request, the Commission shall state the legal basis and
purpose of the request and also the penalties for supplying incorrectinformation provided for in Article 12 (1) (b).
4. Theownersoftheundertakingsortheirrepresentativesand,inthe
case of legal persons or of companies, firms or associations having nolegalpersonality,thepersonauthorizedtorepresentthembylaworbytheir rules shall be bound to supply the information requested.
5. When an undertaking or association of undertakings does not
supply the information requested within the time limit fixed by theCommission,orsuppliesincompleteinformation,theCommissionshallby decision require the information to be supplied. The decision shallspecify what information is required, fix an appropriate time limitwithinwhichitistobesuppliedandindicatethepenaltiesprovidedforinArticle12(1)(b)andArticle13(1)(c),aswellastherighttohavethe decision reviewed by the Court of Justice.
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6. AtthesametimetheCommissionshallsendacopyofitsdecisionto the competent authority of the Member State in whose territory theheadofficeoftheundertakingorassociationofundertakingsissituated.
Article 10
Investigations by the authorities of the Member States
1. AttherequestoftheCommission,thecompetentauthoritiesofthe
Member States shall undertake the investigations which the Commis-sion considers to be necessary under Article 11 (1) or which it hasorderedbydecisionadoptedpursuanttoArticle11(3).Theofficialsofthe competent authorities of the Member States responsible forconductingtheseinvestigationsshallexercisetheirpowersuponproduc-tionofanauthorizationinwritingissuedbythecompetentauthorityofthe Member State in whose territory the investigation is to be made.Such an authorization shall specify the subject matter and purpose ofthe investigation.
2. IfsorequestedbytheCommissionorbythecompetentauthority
oftheMemberStateinwhoseterritorytheinvestigationistobemade,►
C1Commission officials may assist the officials of the competent
authority in carrying out their duties. ◄
Article 11
Investigating powers of the Commission
1. In carrying out the duties assigned to it by this Regulation, the
Commission may undertake all necessary investigations into undertak-ings and associations of undertakings. To this end the officials author-ized by the Commission shall be empowered:
(a) to examine the books and other business records;
(b) totakecopiesof,orextractsfrom,thebooksandbusinessrecords;
(c) to ask for oral explanations on the spot;
(d) to enter any premises, land and vehicles used by undertakings or
associations of undertakings.
2. The authorized officials of the Commission shall exercise their
powers upon production of an authorization in writing specifying thesubject matter and purpose of the investigation and the penaltiesprovided for in Article 12 (1) (c) in cases where production of therequired books or other business records is incomplete. In good time,before the investigation, the Commission shall inform the competentauthority of the Member State, in whose territory the same is to bemade, of the investigation and the identity of the authorized officials.
3. Undertakings and associations of undertakings shall submit to
investigationsorderedbythedecisionoftheCommission.Thedecisionshallspecifythesubjectmatterandpurposeoftheinvestigation,appointthedateonwhichitistobeginandindicatethepenaltiesprovidedforin Article 12 (1) (c) and 13 (1) (d) and the right to have the decisionreviewed by the Court of Justice.
4. The Commission shall take the decisions mentioned in paragraph
3afterconsultationwiththecompetentauthorityoftheMemberStateinwhose territory the investigation is to be made.
5. OfficialsofthecompetentauthorityoftheMemberStateinwhose
territory the investigation is to be made may assist the Commissionofficialsincarryingouttheirduties,attherequestofsuchauthorityorof the Commission.
6. Where an undertaking opposes an investigation ordered pursuant
to this Article, the Member State concerned shall afford the necessaryassistancetotheofficialsauthorizedbytheCommissiontoenablethemto make their investigation. To this end, Member States shall take thenecessary measures after consultation of the Commission by 31 July1989.
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Article 12
Fines
1. The Commission may, by decision, impose fines on undertakings
orassociationsofundertakingsof100to5000 ECUwhere,intention-ally or negligently:
(a) theysupplyincorrectormisleadinginformationinconnectionwich
an application pursuant to Article 3 (2) or Article 5; or
(b) they supply incorrect information in response to a request made
pursuanttoArticle9(3)or(5),ordonotsupplyinformationwithinthe time limit fixed by a decision adopted under Article 9 (5); or
(c) theyproducetherequiredbooksorotherbusinessrecords ►
C2in
incomplete form ◄during investigations under Article 10 or
Article 11, or refuse to submit to an investigation ordered bydecision taken pursuant to Article 11 (3).
2. The Commission may, by decision, impose fines on undertakings
orassociationsofundertakingsof1000to1000000 ECU,orasuminexcessthereofbutnotexceeding10 %oftheturnoverintheprecedingbusiness year of the undertakings participating in the infringement,where either intentionally or negligently they:
(a) infringe Article 85 (1) or Article 86 of the Treaty; or
(b) commitabreachofanyobligationimposedpursuanttoArticle6(1)
of this Regulation.
Infixingtheamountofthefine,regardshallbehadbothtothegravity
and to the duration of the infringement.
3. Article 8 shall apply.4. Decisions taken pursuant to paragraphs 1 and 2 shall not be of a
penal nature.
5. Thefinesprovidedforinparagraph2(a)shallnotbeimposedin
respect of acts taking place after notification to the Commission andbefore its decision in application of Article 85 (3) of the Treaty,provided they fall within the limits of the activity described in thenotification.
However,thisprovisionshallnothaveeffectwheretheCommissionhas
informed the undertakings or associations of undertakings concernedthat, after preliminary examination, it is of the opinion that Article 85(1) of the Treaty applies and that application of Article 85 (3) is notjustified.
Article 13
Periodic penalty payments
1. By decision, the Commission may impose periodic penalty
paymentsonundertakingsorassociationsofundertakingsof50 ECUto1000 ECUperday,calculatedfromthedateappointedbythedecision,in order to compel them:
(a) to put an end to an infringement of Article 85 (1) or Article 86 of
the Treaty, the termination of which has been ordered pursuant toArticle 4 of this Regulation;
(b) to refrain from any act prohibited under Article 6 (3);
(c) to supply complete and correct information which has been
requested by decision, taken pursuant to Article 9 (5);
(d) to submit to an investigation which has been ordered by decision
taken pursuant to Article 11 (3);
▼
M1
(e) to comply with any measure imposed by the decision taken under
Article 4a.
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2. Whentheundertakingsorassociationsofundertakingshavesatis-
fied the obligation which was the purpose of the periodic penaltypayment to enforce, the Commission may fix the total amount of theperiodicpenaltypaymentatalowerfigurethanthatwhichwouldresultfrom the original decision.
3. Article 8 shall apply.
Article 14
Review by the Court of Justice
The Court of Justice shall have unlimited jurisdiction within the
meaning of Article 172 of the Treaty to review decisions whereby theCommission has fixed a fine or periodic penalty payment; it maycancel,reduceorincreasethefineorperiodicpenaltypaymentimposed.
Article 15
Unit of account
ForthepurposeofapplyingArticles12to14,theECUshallbeadopted
indrawingupthebudgetoftheCommunityinaccordancewithArticles207 and 209 of the Treaty.
Article 16
Hearing of the parties and of third parties
1. BeforerefusingthecertificatementionedinArticle3(2),ortaking
decisions as provided for in Articles 4, ►
M14a◄, 5 (3) second
subparagraphand5(4),6(3),12and13,theCommissionshallgivetheundertakingsorassociationsofundertakingsconcernedtheopportunityof being heard on the matters to which the Commission takes, or hastaken, objection.
2. If the Commission or the competent authorities of the Member
States consider it necessary, they may also hear other natural or legalpersons.Applicationsbysuchpersonstobeheardshallbegrantedwhenthey show a sufficient interest.
3. When the Commission intends to take a decision pursuant to
Article85(3)oftheTreaty,itshallpublishasummaryoftherelevantagreement,decisionorconcertedpracticeinthe Official Journal of the
European Communities and invite all interested third parties to submit
theirobservationswithinaperiod,notbeinglessthanonemonth,whichit shall fix. Publication shall have regard to the legitimate interest ofundertakings in the protection of their business secrets.
Article 17
Professional secrecy
1. InformationacquiredasaresultoftheapplicationofArticles9to
11shallbeusedonlyforthepurposeoftherelevantrequestorinvest-igation.
2. Without prejudice to the provisions of Articles 16 and 18, the
Commission and the competent authorities of the Member States, theirofficials and other servants shall not disclose information of a kindcovered by the obligation of professional secrecy and which has beenacquired by them as a result of the application of this Regulation.
3. Theprovisionsofparagraphs1and2shallnotpreventpublication
of general information or of surveys which do not contain informationrelating to particular undertakings or associations of undertakings.
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Article 18
Publication of decisions
1. The Commission shall publish the decisions which it adopts
pursuanttoArticle3(2),4,5(3)secondsubparagraph,5(4)and6(3).
2. The publication shall state the names of the parties and the main
contentsofthedecision;itshallhaveregardtothelegitimateinterestofundertakings in the protection of their business secrets.
Article 19
Implementing provisions
The Commission shall have the power to adopt implementing provi-
sions concerning the form, content and other details of complaintspursuanttoArticle3,applicationspursuanttoArticles3(2)and5andthe hearings provided for in Article 16 (1) and (2).
Article 20
Entry into force
This Regulation shall enter into force on 1 January 1988.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
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ANNEX
List referred to in Article 2
(a) The introduction or uniform application of mandatory or recommended
technical standards for aircraft, aircraft parts, equipment and aircraftsupplies,wheresuchstandardsaresetbyanorganisationnormallyaccordedinternational recognition, or by an aircraft or equipment manufacturer;
(b) the introduction or uniform application of technical standards for fixed
installations for aircraft, where such standards are set by an organisationnormally accorded international recognition;
(c) the exchange, leasing, pooling, or maintenance of aircraft, aircraft parts,
equipmentoffixedinstallationsforthepurposeofoperatingairservciesandthejointpurchaseofaircraftparts,providedthatsucharrangementsaremadeon a non-discriminatory basis;
(d) the introduction, operation and maintenance of technical communication
networks,providedthatsucharrangementsaremadeonanon-discriminatorybasis;
(e) the exchange, pooling or training of personnel for technical or operational
purposes;
(f) theorganisationandexecutionofsubstitutetransportoperationsforpassen-
gers, mail and baggage, in the event of breakdown/delay of aircraft, eitherundercharterorbyprovisionofsubstituteaircraftundercontractualarrange-ments;
(g) the organisation and execution of successive or supplementary air transport
operations, and the fixing and application of inclusive rates and conditionsfor such operations;
(h) the consolidation of individual consignments;
(i) the establishment or application of uniform rules concerning the structure
and the conditions governing the application of transport tariffs, providedthatsuchrulesdonotdirectlyorindirectlyfixtransportfaresandconditions;
(j) arrangementsastothesale,endorsementandacceptanceofticketsbetween
air carriers (interlining) as well as the refund, pro-rating and accountingschemes established for such purposes;
(k) the clearing and settling of accounts between air carriers by means of a
clearing house, including such services as may be necessary or incidentalthereto; the clearing and settling of accounts between air carriers and theirappointedagentsbymeansofacentralisedandautomatedsettlementplanorsystem, including such services as may be necessary or incidental thereto.