COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(91) 520 final 
Brussels,.. 5 December 1991 
Amended proposal for a 
COUNCIL REGULATION (EEC) 
on the application of Article 85(3) of the Treaty to certain 
categories of agreements, decisions and concerted practices 
between shipping companies 
(presented by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 
Amended proposal for a 
COUNCIL REGULATION (EEC) 
on the application of Article 85(3) of the Treaty to certain 
categories of agreements, decisions and concerted practices 
between shipping companies 
EXPLANATORY MEMORANDUM 
1. On 25 June 1990, the Commission submitted a proposal for a Council 
Regulation enabling it to grant a block exemption to consortia 
agreements under the competition rules(l). 
2. At its plenary session of 22 October 1991, the European Parliament 
approved the Commission's proposal subject to certain amendments. 
3. The Commission has decided to accept some amendments proposed and it 
amends its proposal accordingly. 
(1) COM(90) 260 final OJ C 167 of 10.7.1990, p. 9 
2. 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Title 
Proposal for a Council Regulation (EEC) 
on the application of Article 85(3) of 
the Treaty to certain categories of 
agreements, decisions and concerted 
practices between shipping companies. Proposal for a Council Regulation (EEC) 
on the application of Article 85(3) of 
the Treaty to certain categories of 
agreements, decisions and concerted 
practices between liner shipping 
companies (consortia). 
Recital 5 
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 levels of capacity utilization, 
better service quality stemming from 
improved vessels and equipment, and 
efficient door-to-door transport; 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 levels of capacity utilization, 
better service quality stemming from 
improved vessels and equipment; 
Recital 6 
Whereas most consortia deal with multi­
modal transport operations which fall 
partly within the scope of Council 
Regulation (EEC) N° 4056/86 and partly 
under Council Regulation (EEC) N° 
1017/68 and, in so far as containers are 
concerned, partly under Council 
Regulation N° 17/62. (Delete) 
Recital 11 
Whereas pursuant to Article 11(4) of 
Council Regulation (EEC) No. 4056/86, 
Article 11(4) of Council Regulation 
(EEC) No. 1017/68, and Article 6 of 
Council Regulation No. 17, the 
Commission may provide that a decision 
taken in accordance with Article 85(3) 
of the Treaty shall apply with 
retroactive effect; whereas it is 
desirable that the Commission be 
empowered to adopt, by regulation, 
provisions to the like effect; Whereas pursuant to Article 11(4) of 
Council Regulation (EEC) No. 4056/86 the 
Commission may provide that a decision 
taken in accordance with Article 85(3) 
of the Treaty shall apply with 
retroactive effect; whereas it is 
desirable that the Commission be 
empowered to adopt, by regulation, 
provisions to the like effect; 
Article 1(1) 
1. Without prejudice to the applications 
of Regulation (EEC) No. 4056/86, 
Regulation (EEC) No. 1017/68 and 
Regulation No. 17, the Commission 
may, by regulation and in accordance 
with Article 85(3) of the Treaty, 
declare that Article 85(1) shall not 
apply to categories of agreements 
between undertakings, decisions of 
associations of undertakings and 
concerted practices that have as an 
object to promote or establish 
cooperation in the joint operation of 
maritime transport services or of 
combined maritime and land transport 
services. 1. Without prejudice to the 
application of Regulation (EEC) No. 
4056/86, the Commission may by 
regulation and in accordance with 
Article 85(3) of the Treaty, 
declare that Article 85(1) shall 
not apply to categories of 
agreements between undertakings, 
decisions of associations of 
undertakings and concerted 
practices that have as an object to 
promote or establish cooperation in 
the joint operation of maritime 
transport services between liner 
shipping companies aimed at 
rationalizing their operations by 
means of technical, operational 
and/or commercial arrangements -
with the exception of price fixing 
- (known in shipping circles as 
consortia). 
Article 2(1) 
The Regulation pursuant to Article 1 
shall be made for a specified period. 1. The Regulation pursuant to Article 
1 shall be made for a period of 
five years, from the date when it 
enters into force. 
Article 5(1) 
1. Before publishing the draft 
regulation and before adopting the 
regulation the Commission shall 
consult : 
a) the Advisory Committee on 
Agreements and Dominant 
Position in Maritime Transport 
established by Article 15(3) 
of Regulation (EEC) No. 
4056/86; 1. Before publishing the draft 
regulation and before adopting the 
regulation the Commission shall 
consult the Advisory Committee on 
Agreements and Dominant Position in 
Maritime Transport established by 
Article 15(3) of Regulation (EEC) 
No. 4056/86. 
b) (Delete) 
b) the Advisory Committee on 
Restrictive Practices and 
Monopolies in the Transport 
Industry established by 
Article 16(3) of Regulation 
(EEC) No.1017/68; 
c) the Advisory Committee on 
Restrictive Practices and 
Monopolies established by 
Article 10(3) of Regulation 17 c) (Delete) 
2. Paragraphs 5 and 6 of the said 
provisions, relating to consultation 
with the Advisory Committees shall 
apply, it being understood that joint 
meetings with the Commission shall 
take place not earlier than one month 
after dispatch of the notice 
convening them. 2. Paragraphs 5 and 6 of the said 
provision, relating to consultation 
with the Advisory Committee shall 
apply, it being understood that 
joint meetings with the Commission 
shall take place not earlier than 
one month after dispatch of the 
notice convening them. 
Article 6(1), 2nd indent 
in the event of failure by such 
persons to observe those 
recommendations, and depending on the 
gravity of the breach concerned, 
adopt a decision that either 
prohibits them from carrying out, or 
requires them to perform, specific 
acts or, while withdrawing the 
benefit of the block exemption which 
they enjoyed, grants them an 
individual exemption in accordance 
with Article 11(4) of Regulation 
(EEC) No. 4056/86, Article 11(4) of 
Regulation (EEC) No. 1017/68 and 
Article 6 of Regulation No. 17, as 
appropriate, or withdraws the benefit 
of the block exemption which they 
enjoyed. in the event of failure by such 
persons to observe those 
recommendations, and depending on 
the gravity of the breach 
concerned, adopt a decision that 
either prohibits them from carrying 
out, or requires them to perform, 
specific acts or, while withdrawing 
the benefit of the block exemption 
which they enjoyed, grants them an 
individual exemption in accordance 
with Article 11(4) of Regulation 
(EEC) No. 4056/86, or withdraws the 
benefit of the block exemption 
which they enjoyed. 
r 
Article 6(2) 
2. Where the Commission, either on its 
own initiative or at the request of a 
Member State or of natural or legal 
persons claiming a legitimate 
interest, finds that in any 
particular case an agreement, 
decision or concerted practice to 
which the block exemption granted by 
the regulation adopted pursuant to 
Article 1 applies, nevertheless has 
effects which are incompatible with 
Article 85(3) or are prohibited by 
Article 86, it may withdraw the 
benefit of the block exemption from 
those agreements, decisions or 
concerted practices and take all 
appropriate measures for the purpose 
of bringing these infringements to an 
end, pursuant to Article 13 of 
Regulation (EEC) No. 4056/86, Article 
13 of Regulation (EEC) 1017/68 and 
Article 8 of Regulation No. 17, as 
appropriate. Where the Commission, either on its 
own initiative or at the request of 
a Member State or of natural or 
legal persons claiming a legitimate 
interest, finds that in any 
particular case an agreement, 
decision or concerted practice to 
which the block exemption granted 
by the regulation adopted pursuant 
to Article 1 applies, nevertheless 
has effects which are incompatible 
with Article 85(3) or are 
prohibited by Article 86, it may 
withdraw the benefit of the block 
exemption from those agreements, 
decisions or concerted practices 
and take all appropriate measures 
for the purpose of bringing these 
infringements to an end, pursuant 
to Article 13 of Regulation (ESC) 
No. 4056/86. 
EN ISSN 0254-1475 
COM(91) 520 final 
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