CELEX: 51986PC0676
Language: en
Date: 1986-11-24
Title: AMENDED PROPOSAL FOR A COUNCIL REGULATION LAYING DOWN DETAILED RULES FOR THE APPLICATION OF ARTICLES 85 AND 86 OF THE TREATY TO MARITIME TRANSPORT

No C 324/6                  -             Official Journal of the European Communities                               17.12.86
                       ORIGINAL PROPOSAL                                                     NEW PROPOSAL
 7.    If a majority of the members of the Advisory                   7 and 8: Deleted.
 Committee opposes the draft Decision under Article 3
 (1), the Commission shall not adopt a decision until a
period of 20 days has elapsed from the date on which
the Advisory Committee was consulted.
 8.    If, within the period laid down in the preceding
paragraph, a Member State raises in the Council an
objective which in its opinion should be considered as
having priority, within the meaning of Article 1 (3), the
Council shall meet within 30 days of the date of the
request made by the Member State concerned. In that
case the Commission shall take no decision until after
the Council meeting, and shall take account of the policy
guidelines which emerged in the course of the Council's
deliberations.
               Amended proposal for a Council Regulation laying down detailed rules for the application of
                                    Articles 85 and 86 of the Treaty to maritime transport (')
                                                         COM(86) 676 final
               (Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of
                                               the EEC Treaty on 2 December 1986)
                                                           (86/C 324/06)
              The proposal submitted to the Council on 16 October 1981 is hereby amended as follows:
                      ORIGINAL PROPOSAL                                                     NEW PROPOSAL
                           Article 14                                                         Article 14
     Liaison with the authorities of the Member States                    Liaison with the authorities of the Member States
1.    The Commission shall carry out the procedures                   1 to 4: Unchanged
provided for in this Regulation in close and constant
liaison with the competent authorities of the Member
States; these authorities shall have the right to express
their views on such procedures.
2.    The Commission shall immediately forward to the
competent authorities of the Member States copies of the
complaints and applications, and of the most important
documents sent to it or which it sends out in the course
of such procedures.
3.     The Advisory Committee on Restrictive Practices
and Monopolies in the Transport Industry established
shall be consulted prior to the taking of any decision
following upon a procedure under Article 9 or of any
decision under the second subparagraph of Article 11
(3), or under the second subparagraph of paragraph 4 of
the same Article. The Advisory Committee shall also be
consulted prior to adoption of the implementing
provisions provided for in Article 27.
O OJ No C 282, 5. 11. 1981, p. 4.
 ---pagebreak--- 17.12. 86                               Official Journal of the European Communities                              No C 324/7
                      ORIGINAL PROPOSAL                                                   NEW PROPOSAL
4.    The Advisory Committee shall be composed of
officials competent in the matter of restrictive practices
and monopolies in maritime transport. Each Member
State shall appoint two officials to represent it, each of
whom, if prevented from attending, may be replaced by
some other official.
5.     Consultation shall take place at a joint meeting            5.    Consultation shall take place at a meeting convened
convened by the Commission; such meeting shall be held             at the invitation of the Commission. A summary of the
not earlier than 14 days after dispatch of the notice              facts, together with the most important documents and a
convening it. This notice shall, in respect of each case to        preliminary draft of the decision to be taken, shall be
be examined, be accompanied by a summary of the case               sent with the invitation. When seeking the opinion of the
together with an indication of the most important                  Advisory Committee, the Commission may set a time
documents, and a preliminary draft decision.                       limit within which such opinion shall be given.
6.     The Advisory Committee may deliver an opinion               6.    The Advisory Committee shall not vote on         the
notwithstanding that some of its members or their                  outcome of its deliberations. However, any of           its
alternates are not present. A report of the outcome of             members may ask for his opinion to be recorded in      the
the consultative proceedings shall be annexed to the               minutes, which shall be annexed to the draft decision but
draft decision. It shall not be made public.                       shall not be published.
                          Article 15                                                         Article 15
Consideration by the Council of questions of principle             Deleted
concerning the common transport policy raised in specific
                             cases
 1.    The Commission shall not give a decision in respect
of which consultation as laid down in Article 14 is
compulsory until after the expiry of 20 days from the
date on which the Advisory Committee has delivered its
opinion.
2.     Before expiry of the period specified in paragraph
 1, any Member State may request that the Council be
convened to examine with the Commission any question
of principle concerning the common transport policy
which such Member State considers to be involved in a
particular case.
The Council shall meet within 30 days from the request
by the Member State concerned for the sole purpose of
considering such questions of principle.
 The Commission shall not take its decision until after the
 Council meeting.
 3.    Further, the Council may at any time, at the
 request of a Member State or of the Commission,
 consider general questions raised by the implementation
 of the competition policy in the sea transport sector.
 4.    In all cases where the Council is asked to meet to
 consider, under paragraph 2, questions of principle or,
 under paragraph 3, general questions, the Commission
 shall, for the purposes of this Regulation, take into
 account the policy guidelines which emerge from that
 meeting.