COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC91) 183 final 
Brussels, 21 May 1991 
Amendment to the 
proposal for a 
COUNCIL REGULATION (EEC) 
on the application of Article 85(3) of the Treaty 
to certain categories of agreements and concerted 
practices in the air transport sector 
(presented by the Commission pursuant to Article 149(3), 
of the EEC Treaty) 
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Amendment to the 
a Council Regulation (EEC) on the application 
(3) of the Treaty to certain categories of 
agreements and concerted practices in the air transport sector Proposal for 
of Article 85 
EXPLANATORY MEMORANDUM 
1. On 8 September 1989 the Commission submitted a proposal for a 
regulation enabling it to grant group exemptions under the 
competition rules In air transport between the Community and third 
countries (1). 
2. At its plenary session of 15 June 1990 the European Parliament 
approved the Commission's proposal subject to certain amendments. 
3. The Commission has decided to accept a large 
amendments and it amends its proposal accordingly. number of the 
(1) Ml C0M(89)417 final OJ 248 of 29.9.89, p. 10. 
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Amendments 
Article 2(2) 
2. The Commission may, in 
particular, adopt such regulations 
in respect of agreements, decisions 
or concerted practices which have as 
their object any of the following: The Commission may, in 
particular, adopt such 
regulations In respect of 
agreements, decisions or 
concerted practices which 
have as their object any of 
the fol lowing: 
- joint planning and coordination 
of the capacity on scheduled air 
services, joint planning and 
coordination of the capacity 
on scheduled air services 
where this contributes to a 
rescheduling of services at 
less busy times of day, 
during less busy periods or 
on less busy routes, with the 
proviso that each party 
shall not be required to give 
more than three months' 
notice should it decide not 
to take part in joint 
planning and coordination of 
this kind in future seasons, 
sharing of revenue from scheduled 
air services, sharing of revenue 
scheduled air services, from 
joint preparation of proposals on 
tariffs, fares, rates and 
conditions for the carriage of 
passengers, baggage and cargo on 
scheduled services, joint 
proposals preparation of 
on tariffs, fares, 
rates and conditions for the 
carriage of passengers, 
baggage and cargo on 
schedules services, with the 
proviso that the relevant 
consultations are voluntary 
and that the Commission and 
the Member States in which 
the airlines concerned are 
based may take part in the 
consultations as observers, 
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slot allocation at airports and - slot allocation at airports 
airport scheduling. and airport scheduling, on 
condition that the airlines 
concerned are entitled to 
take part In such scheduling, 
that the national and 
International procedures for 
such scheduling are 
transparent and that, In 
connection with such 
sceduling, due account Is 
taken of all restrictions and 
allocation rules Imposed by 
national or international 
author It lee and of historic 
rights enjoyed by airlines. 
Article 6a (new) 
Insert : 
Article 6a 
By 31 December 1992 at the 
latest, the Council shall decide 
on the revision of this 
Regulation on the basis of a 
proposal from the Commission to 
be submitted by 1 July 1992. 
ISSN 0254-1475 
COM (91)183 final 
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