COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 113 final 
Brussels, 27 March 1991 
Amendment to the proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) N° 3975/87 
aying down the procedure for the application of the rules on competition 
to undertakings in the air transport sector 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
^ 
Amendment to the 
proposal for a Council Regulation (EEC) 
amending Regulation (EEC) No 3975/87 
laying down the procedure for the application 
of the rules on competition to undertakings 
In the air transport sector 
EXPLANATORY MEMORANDUM 
1. On 11 June 1990 the Commission submitted a proposal for a regulation 
with a view to accelerating Its competition procedures in order to 
prevent anticompetitive practices which jeopardise the existence of an 
air service (COM (90) 167 final, 0J C 155 of 26 June 1990). 
2. At its plenary session of 24 January 1990 the European Parliament 
approved the Commission's proposal subject to certain amendments. 
3. The Commission has decided to accept these amendments and It amends 
its proposal accordingly. 
Amendment to the proposal for a 
COUNCIL REGULATION fFFÇ) 
amending Regulation (EEC) N° 3975/87 
aying down the procedure for the application of the rules on competition 
to undertakings in the air transport sector 
Text proposed bv the Commission1 Text amended 
1) 
Third recital 
Whereas it is appropriate to provide 
for a specific procedure according to 
which the Commisaion may B,PP1V the 
competition rules expeditiously in 
cases where there is an urgent need to 
prevent or act against such 
anticompetitive practices; Whereas it is appropriate to provic 
for a specific procedure according t 
which the Commission may take _tr 
preventive meaaurea necesearv t 
safeguard the application of th 
competition rules in cases wher 
there is an urgent need to prevent o 
act against such anticompetitiv 
practices; 
Fourth recital 
Whereas this procedure should provide 
the undertakings concerned with the 
opportunity to comment in writing on 
the matters to which objection ie 
taken; Whereas this procedure must provid* 
the undertakings concerned with th< 
opportunity to comment in writing or 
the matters to which objection i« 
taken; 
OJ No. C 3 55, 26.6.1990, p. 7 
Article 4a(l) ARTICLE 1(3) 
6 (2) (R«gulAtion (EEC) No. 3975/07) 
1, Without prejudice to Article 4(1), 
where the Commission has reasons to 
believe that certain practices are 
contrary to Article fi5 or B6 of the 
Treaty and have the object or effect 
of threatening the viability of an 
air service or of threatening the 
existence of an air carrier, it may 
by decision take interim measures to 
ensure that these practices Are not 
implemented or cease to be 
implemented and to give such 
instructions ac are necessary to 
prevent the occurrence of the 
practice» until a decision under 
Article 4(1) ia taken. 1. Without prejudice to Article 4(1), 
where the Commission has good_rf*a,s_qny 
for believing that certain practices 
«re contrary to Article £16 or £6 of 
the Treaty and have the object or 
effect of geriously threatening th* 
viability of an air service or cf 
threatening the existence of an. «ir 
carrier, it may by decision take 
interim measures to ensure that th^so 
practicea are not implemented or 
cease to be implemented and to give 
such instructions as are necessary to 
prevent the occurrence of the 
practices until a decision under 
Article 4(1) is taken. V 
2. A decision taken pursuant to 
paragraph 1 shall apply for a period 
not exceeding six months. Article 
8(3) to (6) ahall not apply. 
The Commission may renew the initial 
decision, with or without 
modification. In such case, Article 
3(3) to (6) shall apply.' 2. A decision taken pursuant to 
paragraph 1 shall apply for a period 
not exceeding eix months. Article 
8(3) to (6) ahall not apply. 
The Commission may renew the initial 
decision for a maximum further period 
of three months, with or without 
modification. In such case, Article 
8(3) to (6) shall apply. 
s 
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