1962R0141 — EN — 01.01.1968 — 001.001 — 1
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►B REGULATION No 141 OFTHE COUNCIL
exempting transport from the application of Council Regulation No 17
(OJ P 124, 28.11.1962, p. 2751)
Amended by:
Official Journal
No page date
►M1Règlement no165/65/CEE du Conseil du 9 décembre 1965 (*) P 210 3141 11.12.1965
►M2Règlement no1002/67/CEE du Conseil du 14 décembre 1967 (*) P 306 1 16.12.1967
(*) This Act was neverpublished in English.
1962R0141 — EN — 01.01.1968 — 001.001 — 2
▼B
REGULATION No 141 OFTHE COUNCIL
exempting transport from the application of Council Regulation No
17
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 67 thereof;
Having regard to the first Regulation made in implementation of
Articles 85 and 86 of the Treaty (Regulation No 17) of 6 February1962, as amended by Regulation No 59 of 3 July 1962;
Having regard to the proposal from the Commission;Having regard to the Opinion of the Economic and Social Committee;Having regard to the Opinion of the Assembly;Whereas, in pursuance of the common transport policy, account being
taken of the distinctive features of the transport sector, it may provenecessary to lay down rules governing competition different from thoselaid down orto be laid down forothersector s of the economy, andwhereas Regulation No 17 should not therefore apply to transport;
Whereas, in the light of work in hand on the formulation of a common
transport policy, it is possible, as regards transport by rail, road andinland waterway, to envisage the introduction within a foreseeableperiod of rules of competition; whereas, on the other hand, as regardssea and air transport it is impossible to foresee whether and at what datethe Council will adopt appropriate provisions; whereas accordingly alimit to the period during which Regulation No 17 shall not apply canbe set only for transport by rail, road and inland waterway;
Whereas the distinctive features of transport make it justifiable to
exempt from the application of Regulation No 17 only agreements,decisions and concerted practices directly relating to the provison oftransport services;
HAS ADOPTED THIS REGULATION:
Article 1
Regulation No 17 shall not apply to agreements, decisions or concerted
practices in the transport sector which have as their object or effect thefixing of transport rates and conditions, the limitation or control of thesupply of transport or the sharing of transport markets; nor shall it applyto the abuse of a dominant position, within the meaning of Article 86 ofthe Treaty, within the transport market.
Article 2
The Council, taking account of any measures that may be taken in
pursuance of the common transport policy, shall adopt appropriateprovisions in order to apply rules of competition to transport by rail,road and inland waterway. To this end, the Commission shall, before 30June 1964, submit proposals to the Council.
Article 3
Article 1 of this Regulation shall remain in force, as regards transport
by rail, road and inland waterway, ►
M2jusqu’au 30 juin 1968 ◄.
1962R0141 — EN — 01.01.1968 — 001.001 — 3
▼B
Article 4
This Regulation shall enter into force on 13 March 1962. This provi-
sions shall not be invoked against undertakings or associations of under-takings which, before the day following the date of publication of thisRegulation in the Official Journal of the European Communities , shall
have terminated any agreement, decision or concerted practice coveredby Article 1.
This Regulation shall be binding in its entirety and directly applicable in
all MemberStates.