CELEX: 51991PC0113
Language: en
Date: 1991-03-27
Title: 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

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)
 ---pagebreak---                                                                         ^
                             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.
 ---pagebreak---                        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       Whereas it is appropriate to provic
for a specific procedure according to      for a specific procedure according t
which the Commisaion may B,PP1V the        which the Commission may take _tr
competition    rules expeditiously in      preventive     meaaurea  necesearv t
cases where there is an urgent need to     safeguard the application of th
prevent     or    act   against     such   competition rules in cases wher
anticompetitive practices;                 there is an urgent need to prevent o
                                           act    against    such  anticompetitiv
                                           practices;
                                 Fourth recital
Whereas this procedure should provide      Whereas this procedure must provid*
the undertakings concerned with the        the undertakings concerned with th<
opportunity to comment in writing on       opportunity to comment in writing or
the matters to which objection ie          the matters to which objection i«
taken;                                     taken;
       OJ No. C 3 55, 26.6.1990, p. 7
 ---pagebreak---                                   ARTICLE 1(3)
                                                                                   V
              Article 4a(l) 6 (2) (R«gulAtion (EEC) No. 3975/07)
1, Without prejudice to Article 4(1),      1. Without prejudice to Article 4(1),
where the Commission has reasons to       where the Commission has good_rf*a,s_qny
believe that certain practices are         for believing that certain practices
contrary to Article fi5 or B6 of the      «re contrary to Article £16 or £6 of
Treaty and have the object or effect      the Treaty and have the object or
of threatening the viability of an        effect of geriously threatening th*
air service or of threatening the         viability of an air service or cf
existence of an air carrier, it may       threatening the existence of an. «ir
by decision take interim measures to      carrier, it may by decision take
ensure that these practices Are not       interim measures to ensure that th^so
implemented      or   cease     to   be   practicea are not implemented or
implemented     and   to   give    such   cease to be implemented and to give
instructions ac are necessary to          such instructions as are necessary to
prevent    the   occurrence    of   the   prevent    the   occurrence    of    the
practice» until a decision under          practices until a decision under
Article 4(1) ia taken.                    Article 4(1) is taken.
2. A decision taken pursuant to           2. A decision taken pursuant to
paragraph 1 shall apply for a period      paragraph 1 shall apply for a period
not exceeding six months.       Article   not exceeding eix months.       Article
8(3) to (6) ahall not apply.              8(3) to (6) ahall not apply.
The Commission may renew the initial      The Commission may renew the initial
decision,       with    or    without     decision for a maximum further period
modification.   In such case, Article     of three months, with or without
3(3) to (6) shall apply.'                 modification. In such case, Article
                                          8(3) to (6) shall apply.
 ---pagebreak---                                                                                              s
                                                                                ISSN 0254-247!
                                                                          It
                                                                COM(9ij 113 final
                                                      DOCUME!                          '% •': £ «Life*
EN                                                                                        07 08
                                 Catalogue number : CB-CO-91-140-EN-C
                                                              ISBN 92-77-70974-X
PRICE                         1-30 pages: 3.50 ECU       per additional 10 pages: 1.25 ECU
Office for Official Publications of the European Communities
L*2985 Luxembourg