Commission Regulation (EC) No 1083/1999 of 26 May 1999 amending Regulation (EEC) No 1617/93 on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on passenger and cargo tariffs on scheduled air services and slot allocation at airports
Date: 1999-05-26
Institutions: European Commission
Subjects: air freight rate, air transport, carriage of passengers, freight rate, inter-company agreement, transport planning

27. 5. 1999

EN

Official Journal of the European Communities

L 131/27

COMMISSION REGULATION (EC) No 1083/1999

of 26 May 1999

amending Regulation (EEC) No 1617/93 on the application of Article 85(3) of the
Treaty to certain categories of agreements and concerted practices concerning
joint planning and coordination of schedules, joint operations, consultations on
passenger and cargo tariffs on scheduled air services and slot allocation at
airports

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 3976/87
of 14 December 1987 on the application of Article 85(3)
of the Treaty to certain categories of agreements and
concerted practices in the air transport sector (1), as last
amended by the Act of Accession of Austria, Finland and
Sweden, and in particular Article 3 thereof,

Having published a draft of this Regulation (2),

Having consulted the Advisory Committee on Agree-
ments and Dominant Positions in Air Transport,

(1) Whereas Regulation (EEC) No 3976/87 empowers
the Commission to apply Article 81(3) ex Article
85(3) of the Treaty by regulation to certain catego-
ries of agreements, decisions and concerted prac-
tices in air transport falling under Article 81(1),
which cover, among others,
joint planning and
coordination of airline schedules, consultation on
tariffs for the carriage of passengers and baggage
and of
joint
operations on new less-busy scheduled air services,
and slot allocation at airports and airport sched-
uling;

freight on scheduled air services,

(2) Whereas by Regulation (EEC) No 1617/93 (3), as
last amended by Regulation (EC) No 1523/96 (4),
the Commission granted a block exemption for the
aforementioned matters; whereas that Regulation
was applicable until 30 June 1998;

(3) Whereas before 30 June 1998 the Commission
initiated extensive investigations with the aim of
to which the four subject
verifying the extent
transport covered by Regulation
matters of air
should continue
(EEC) No
to be
1617/93
operators
the
exempted; whereas

economic

(1) OJ L 374, 31.12.1987, p. 9.
(2) OJ C 369, 28.11.1998, p. 2.
(3) OJ L 155, 26.6.1993, p. 18.
(4) OJ L 190, 31.7.1996, p. 11.

concerned were requested to take stock of the prac-
tices in which they arre currently engaged in each
of the four areas covered by that Regulation and to
communicate the extent to which it is possible for
new entrants to enter the markets;

(4) Whereas the results of this investigation and the
consultation of the economic operators currently
available allow for the conclusion that an extension
of the block exemption for agreements on joint
planning and coordination of schedules as well as
agreements on joint operations is not advisable;
whereas this conclusion follows from the finding
that such agreements, particularly in the case of
alliances, comprise a wider commercial such as
bilateral consultation on tariffs which could not be
exempted pursuant to Regulation (EEC) No 1617/
93; whereas the applicability of Regulation (EEC)
No 1617/93 should therefore not be extended for
these two matters, without prejudice to the pos-
sibility whereby the undertakings may apply for an
individual exemption pursuant to Article 81(3);

(5) Whereas the investigations on agreements and
concerted practices on consultations on tariffs for
carrying passengers and their baggage on scheduled
air services and slot allocation at airports could not
be completed in time for the adoption and publica-
tion of a new regulation before 30 June 1998;

(6) Whereas, in the interests of legal certainty for the
to draw
undertakings concerned, and in order
conclusions from the current investigations with a
view to a new regulation to be adopted by 30 June
2001, it is appropriate to extend until that date the
applicability of the provisions of Regulation (EEC)
No 1617/93 on tariff consultations for passengers
with baggage and slot allocations at airports;

(7) Whereas Regulation (EEC) No 1617/93 should

therefore be amended accordingly,

L 131/28

EN

Official Journal of the European Communities

27. 5. 1999

HAS ADOPTED THIS REGULATION:

Article 2

Article 1

Regulation (EEC) No 1617/93 is hereby amended as
follows:

1. in Article 1, the first and second indents are deleted;

2. Articles 2 and 3 are deleted;

3. in Article 6, point (ii) is deleted;

This Regulation shall enter into force on the day of its
publication in the Official Journal of the european
Communities.

4. in Article 7,

‘30 June 1998' is replaced by ‘30 June

2001'.

It shall apply with effect from 1 July 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 26 May 1999.

For the Commission

Karel VAN MIERT

Member of the Commission