CELEX: 51991PC0183
Language: en
Date: 1991-05-21
Title: 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

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)
 ---pagebreak---                                    - 1 -
                             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
                         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         number  of the
    amendments and it amends its proposal accordingly.
(1)    Ml   C0M(89)417    final   OJ       248  of   29.9.89,   p.  10.
 ---pagebreak---                                    - 2 -
                                Amendments
                               Article 2(2)
2.    The    Commission    may,     in      The    Commission        may,    in
particular, adopt such regulations          particular,         adopt      such
in respect of agreements, decisions         regulations      In respect      of
or concerted practices which have as        agreements,       decisions      or
their object any of the following:          concerted      practices      which
                                            have as their object any of
                                            the fol lowing:
-  joint planning and coordination          joint         planning          and
   of the capacity on scheduled air         coordination of the capacity
   services,                                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        sharing     of     revenue     from
   air services,                            scheduled air services,
   joint preparation of proposals on        joint        preparation         of
   tariffs,    fares,    rates     and      proposals on tariffs, fares,
   conditions for the    carriage of        rates and conditions for the
   passengers, baggage  and cargo on        carriage       of      passengers,
   scheduled                services,       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,
 ---pagebreak---                               - 3 -
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.
 ---pagebreak---                                                                                 ISSN 0254-1475
                                                                 COM (91)183 final
                                                      DOCUMENTS
EN                                                                                         07
                                  Catalogue number : CB-CO-91-212-EN-C
                                                               ISBN 92-77-72396-3
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