CELEX: 51981PC0396
Language: en
Date: 1981-07-31
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) APPLYING ARTICLES 85 AND 86 OF THE TREATY ( RULES ON COMPETITION APPLYING TO UNDERTAKINGS ) TO AIR TRANSPORT

NoC 291/4                         Official Journal of the European Communities                           12. 11. 81
on the management and financial control of agricul-                                  Article 2
tural market organizations. The Commission will be
responsible for accomplishing this coordination in           The Commission shall, in the light of the results of
collaboration with a User Advisory Committee com-            the preparatory activities, make a report to the
posed of not more than three representatives from            Council and the Parliament and shall present pro-
each Member State, representing the main interested          posals for the adoption of a long-term development
government departments. This Committee shall                 programme to be implemented in concert with the
advise and assist the Commission and its members             relevant national administrations.
shall establish and maintain coordination and liai-
son between the administrations participating in the                                 Article 3
CADDIA (Cooperation in Data and Documenta-
tion for Imports/Exports and Agriculture). The               This Decision shall take effect from the date of its
Advisory Committee may set up appropriate sub-               publication in the Official Journal of the European
committees.                                                   Communities.
              Proposal for a Council Regulation applying Articles 85 and 86 of the Treaty (rules on
                                competition applying to undertakings) to air transport
                           (Submitted by the Commission to the Council on 10 August 1981)
THE COUNCIL OF THE EUROPEAN                                  Whereas the procedural rules laid down in Regula-
COMMUNITIES,                                                 tion (EEC) No 1017/68 apply to surface transport
                                                             only;
 Having regard to the Treaty establishing the Euro-
pean Economic Community, and in particular                    Whereas at present, therefore, the Commission has
Article 87 thereof,                                          no direct means of investigating cases of suspected
                                                             infringement of Articles 85 or 86 of the Treaty;
Having regard to the proposal from the Commis-
sion,                                                         Whereas the Commission likewise has no powers to
                                                              take decisions and impose penalties to secure the
                                                             removal of infringements;
 Having regard to the opinion of the European
 Parliament,
                                                              Whereas to remedy this situation a Regulation
                                                              applying the rules of competition to air transport
 Having regard to the opinion of the Economic and             should be adopted, analogous to the Regulations
Social Committee,                                             covering other forms of transport and other sectors
                                                              of the economy;
Whereas the rules on competition form part of the
Treaty's general provisions which also apply to air           Whereas such a regulation must provide for appro-
transport;                                                    priate procedures, decision-making powers and pen-
                                                              alties to ensure compliance with the prohibitions
                                                              laid down in Article 85 (1) and in Article 86,
 Whereas the rules for applying these provisions are          together with detailed rules for the application of
 either specified in the chapter on competition or fall       Article 85 (3);
 to be determined by the procedures laid down
 therein;
                                                              Whereas for this purpose account should be taken
                                                             of the provisions laid down by Regulation (EEC)
Whereas it follows from Article 1 of Regulation               No 1017/68 as regards inland transport, reflecting
No 141 that Council Regulation No 17 does not                 certain specific features of the transport industry
apply to air transport;                                      taken as a whole;
 ---pagebreak--- 12. 11. 81                          Official Journal of the European Communities                          N o C 291/5
Whereas given the peculiar features of air transport,               or inclusive rates and conditions for such opera-
it will in the first instance be for firms themselves to            tions;
see that their agreements, decisions and concerted
practices conform to the competition rules, and                (d) the coordination of timetables with the aim of
notification to the Commission need not be compul-                  meeting passengers' needs more closely;
sory;
                                                               (e) the grouping of single consignments;
                                                               (0 the establishment or application of uniform
Whereas in certain cases firms may wish to apply to                 rules as to the structure of transport tariffs and
the Commission for confirmation that their agree-                   their conditions of application, provided that
ments, decisions and concerted practices are in con-                such rules do not directly or indirectly fix trans-
formity with the law, and a simplified procedure                    port rates and conditions;
should be laid down for such cases;
                                                               (g) the issue of tickets accepted by different airlines
                                                                    and the consequent provision of a common
Whereas the present Regulation does not prejudge                    refund scheme.
the application of Article 90 of the Treaty;
                                                                                       Article 3
HAS ADOPTED THIS REGULATION:
                                                               Procedures on complaint or on the Commission's own
                                                                                       initiative
                          Article 1
                                                               Acting on receipt of a complaint or on its own ini-
                                                               tiative, the Commission shall initiate procedures to
                  Scope of the Regulation                      terminate any infringement of the provisions of
                                                               Articles 85 (1) or 86 of the Treaty.
 1. This Regulation lays down rules applying Arti-
cles 85 and 86 of the Treaty to air transport.                 Complaints may be submitted by:
                                                               (a) Member States;
 2. It shall apply only to international air transport
from or to one or more Community airports.                     (b) natural or legal persons who claim a legitimate
                                                                    interest.
                          Article 2
                                                                                        Article 4
           Exemption for technical agreements                         Result of procedures on complaint or on the
                                                                              Commission's own initiative
  1. The prohibition laid down in Article 85 (1) of
 the Treaty shall not apply to agreements, decisions
 or concerted practices the object and effect of which          1. Where the Commission finds that there has been
 is to apply technical improvements or to achieve              an infringement of Articles 85 or 86 of the Treaty, it
 technical cooperation by means of:                            may by decision require the undertakings or associ-
                                                               ations of undertakings concerned to bring such
                                                               infringement to an end.
 (a) the establishment or application of standards or
     types of aircraft, equipment, supplies or fixed
      installations;                                           Without prejudice to the other provisions of this
                                                                Regulation, the Commission may, before taking a
                                                               decision under the preceding subparagraph, address
 (b) the exchange, pooling or joint maintenance of             to the undertakings or associations of undertakings
      aircraft, parts, equipment or fixed installations        concerned recommendations for termination of the
     and the exchange or pooling of personnel;                 infringement.
 (c) the organization and execution of successive,              2. If the Commission, acting on a complaint
      complementary, substitute or combined trans-              received, concludes that on the evidence before it
      port operations, and the fixing and application           there are no grounds for intervention under Articles
 ---pagebreak--- N o C 291/6                         Official Journal of the European Communities                              12. 11. 81
85 or 86 of the Treaty or Article 8 of this Regulation,        period, that the conditions for applying Article
in respect of any agreement, decision or practice, it          85 (3) are not satisfied, it shall issue a Decision
shall issue a decision rejecting the complaint as              declaring that the prohibition in Article 85 (1) is
unfounded.                                                     applicable. Such Decision may be retroactive where
                                                               the parties concerned have given inaccurate infor-
                                                               mation or where they abuse the exemption from the
                                                               provisions of Article 85 (1).
3. If the Commission, whether acting on a com-
plaint received or on its own initiative, concludes
that an agreement, decision or concerted practice
satisfies the provisions both of Article 85 (1) and (3)        4. If, within the 90-day time limit, the Commission
of the Treaty, it shall issue a Decision applying              notifies applicants as referred to in the first subpara-
Article 85 (3). Such Decision shall indicate the date          graph of paragraph 3, it shall examine whether the
from which it is to take effect. This date may be              provisions of Article 85 (1) and (3) are satisfied.
prior to that of the Decision.
                                                               If it finds that the provisions of Article 85(1) and of
                                                               Article 85 (3) are satisfied it shall issue a Decision
                        Article 5                              applying Article 85 (3). The Decision shall indicate
                                                               the date from which it is to take effect. This date
                                                               may be prior to that of the application.
        Application of Article 85 (3) — objections
 1. Undertakings and associations of undertakings
which seek application of Article 85 (3) in respect of
agreements, decisions and concerted practices fall-                                     Article 6
ing within the provisions of Article 85 (1) to which
they are parties may submit applications to the                      Duration and revocation of Decisions applying
Commission.                                                                           Article 85 (3)
                                                                1. Any Decision applying Article 85 (3) taken
                                                                under Articles 4 or 5 shall indicate the period for
 2. If the Commission judges an application admis-
                                                                which it is to be valid; normally such period shall
 sible and is in possession of all the available evi-
                                                                not be less than six years. Conditions and obliga-
dence, and no action under Article 3 has been taken
                                                                tions may be attached to the Decision.
 against the agreement, decision or concerted prac-
tice in question, then it shall publish as soon as
 possible in the Official Journal of the European
 Communities a summary of the application and                   2. The Decision may be renewed if the conditions
 invite all interested third parties to submit their            for applying Article 85 (3) continue to be satisfied.
 comments to the Commission within 30 days. Such
 publication shall have regard to the legitimate
 interest of undertakings in the protection of their
 business secrets.                                              3. The Commission may revoke or amend its
                                                                Decision or prohibit specified acts by the parties:
                                                                (a) where there has been a change in any of the
 3. Unless the Commission notifies applicants,                       facts which were basic to the making of the
 within 90 days from the date of such publication in                 Decision;
 the Official Journal of the European Communities,
 that there are serious doubts as to the applicability          (b) where the parties commit a breach of any obli-
 of Article 85 (3), the agreement, decision or con-                  gation attached to the Decision;
 certed practice shall be deemed exempt, in so far as           (c) where the Decision is based on incorrect infor-
 it conforms with the description given in the appli-                mation or was induced by deceit;
 cation, from the prohibition for the time already
 elapsed and for a maximum of three years from the              (d) where the parties abuse the exemption from the
 date of publication in the Official Journal of the                  provisions of Article 85 (1) granted to them by
  European Communities.                                              the Decision.
  If the Commission finds, after expiry of the 90-day           In cases falling within (b), (c) or (d), the Decision
 time limit, but before expiry of the three-year                may be revoked with retroactive effect.
 ---pagebreak--- 12. 11. 81                          Official Journal of the European Communities                             N o C 291/7
                         Article 7                             Article 8 is compulsory until after the expiry of
                                                               20 days from the date on which the Advisory Com-
                          Powers                               mittee has delivered its opinion.
Subject to review of its Decision by the Court of              2. Before the expiry of the period specified in
Justice, the Commission shall have sole power to               paragraph 1, any Member State may request that the
issue Decisions pursuant to Article 85 (3).                    Council be convened to examine with the Commis-
                                                               sion any question on principle concerning the
The authorities of the Member States shall retain the          common transport policy which such Member State
power to decide whether any case falls within the              considers to be involved in the particular case for
provisions of Article 85 (1) or 86, until such time as         decision.
the Commission has initiated a procedure with a
view to formulating a Decision in the case in ques-            The Council shall meet within 30 days from the
tion or has sent notification as provided for in the           request by the Member State concerned for the sole
first subparagraph of Article 5 (3).                           purpose of considering such questions of principle.
                                                               The Commission shall not give its decision until
                         Article 8                             after the Council meeting.
    Liaisons with the authorities of the Member States         3. Further, the Council may at any time, at the
                                                               request of a Member State or of the Commission,
 1. The Commission shall carry out the procedures              consider general questions raised by the implemen-
 provided for in this Regulation in close and con-             tation if the competition policy in the air transport
 stant liaison with the competent authorities of the            sector.
 Member States; these authorities shall have the right
 to express their views on such procedures.
                                                               4. In all cases where the Council is asked to meet
 2. The Commission shall immediately forward to                to consider under paragraph 2 questions of principle
 the competent authorities of the Member States cop-           or under paragraph 3 general questions, the Com-
 ies of the complaints and applications, and of the             mission shall, for the purposes of this Regulation,
 most important documents sent to it or which it               take into account the policy guidelines which
 sends out in the course of such procedures.                    emerge from that meeting.
 3. The Advisory Committee on Restrictive Prac-
 tices and Monopolies in the Transport Industry
 established by Article 16 (3) of Regulation (EEC)                                       Article 10
  No 1017/68 of the Council shall be consulted prior
 to the taking of any decision following upon a pro-                        Inquiries into air transport sectors
 cedure under Article 4 or of any Decision under the
 second subparagraph of Article 5 (3), or under the
 second subparagraph of paragraph 4 of the same                 1. If trends in transport, fluctuations in or inflexi-
  Article. The Advisory Committee shall also be con-            bility of transport rates, or other circumstances, sug-
 sulted prior to adoption of the implementing provi-           gest that competition in air transport is being res-
 sions provided for in Article 21.                             tricted or distorted within the common market in a
                                                               specific geographical area, or over one or more
                                                               transport links, or in respect of the carriage of pas-
 4. Consultation shall take place and the Com-                  sengers or goods belonging to one or more specific
 mittee will deliver its opinion in accordance with            categories, the Commission may decide to conduct a
 the rules laid down in Article 16 (5) and (6) of the          general inquiry into the sector concerned, in the
  Regulation referred to in paragraph (3) of this               course of which it may request transport undertak-
 Article.                                                       ings in that sector to supply the information and
                                                                documentation necessary for giving effect to the
                                                                principles formulated in Articles 85 and 86 of the
                          Article 9                            Treaty.
  Consideration by the Council of questions of principle        2. When making inquiries pursuant to paragraph 1,
     concerning the common transport policy raised in           the Commission shall also request undertakings or
              connection with specific cases                    groups of undertakings whose size suggests that they
                                                                occupy a dominant position within the common
  1. The Commission shall not give a decision in                market or a substantial part thereof to supply such
 respect of which consultation as laid down in                  particulars of the structure of the undertakings and
 ---pagebreak--- NoC 291/8                         Official Journal of the European Communities                            12. 11. 81
of their behaviour as are requisite to an appraisal of                              Article 12
their position in the light of the provisions of
Article 86 of the Treaty.
                                                             Investigations by the authorities of the Member States
3. Article 8 (2) to (4) and Articles 9, 11, 12 and 13         1. At the request of the Commission, the compe-
shall apply.                                                 tent authorities of the Member States shall under-
                                                             take the investigations which the Commission consi-
                                                             ders to be necessary under Article 13 (1), or which it
                                                             has ordered by Decision pursuant to Article 13 (3).
                                                             The officials of the competent authorities of the
                       Article 11                            Member States responsible for conducting these
                                                             investigations shall exercise their powers upon pro-
                                                             duction of an authorization in writing issued by the
                Requests for information
                                                             competent authority of the Member State in whose
                                                            territory the investigation is to be made. Such
1. In carrying out the duties assigned to it by this        authorization shall specify the subject matter and
Regulation, the Commission may obtain all neces-             purpose of the investigation.
sary information from the Governments and compe-
tent authorities of the Member States and from
undertakings and associations of undertakings.
                                                            2. If so requested by the Commission or by the
                                                             competent authority of the Member State in whose
2. When sending a request for information to an             territory the investigation is to be made, the officials
undertaking or association of undertakings, the             of the Commission may assist the officials of such
Commission shall at the same time forward a copy             authority in carrying out their duties.
of the request to the competent authority of the
Member State in whose territory the seat of the
undertakings is situated.
3. In its request, the Commission shall state the                                   Article 13
legal basis and the purpose of the request, and also
the penalties provided for in Article 14 (1) (b) for
supplying incorrect information.                                     Investigating powers of the Commission
                                                             1. In carrying out the duties assigned to it by this
4. The owners of the undertakings or their repre-           Regulation, the Commission may undertake all
sentatives and, in the case of legal persons, com-          necessary investigations into undertakings and asso-
panies or firms, or of associations having no legal         ciations of undertakings. To this end the officials
personality, the person authorized to represent them        authorized by the Commission are empowered:
by law or by their constitution; shall be bound to
supply the information requested.
                                                            (a) to examine the books and other business
                                                                 records;
5. Where an undertaking or association of under-
takings does not supply the information requested           (b) to take copies of or extracts from the books and
within the time limit fixed by the Commission, or                business records;
supplies incomplete information, the Commission
shall by Decision require the information to be sup-        (c) to ask for oral explanations on the spot;
plied. The Decision shall specify what information          (d) to enter any premises, land and vehicles of
is required, fix an appropriate time limit within                undertakings.
which it is to be supplied and indicate the penalties
provided for in Article 14 (1) (b) and Article 15 (1)
(c), and the right to have the Decision reviewed by
the Court of Justice.                                       2. The officials of the Commission authorized for
                                                            the purpose of these investigations shall exercise
                                                            their powers upon production of an authorization in
6. The Commission shall at the same time forward            writing specifying the subject matter and purpose of
a copy of its Decision to the competent authority of        the investigation and the penalties provided for in
the Member State in whose territory the seat of the          Article 14 (1) (c) in cases where production of the
undertakings or association of undertakings is              required books or other business records is incom-
situated.                                                   plete.
 ---pagebreak--- 12. 11. 81                         Official Journal of the European Communities                           N o C 291/9
In good time before the investigation, the Commis-           (c) they produce the required books or other busi-
sion shall inform the competent authority of the                   ness records in incomplete form during investi-
Member State in whose territory the same is to be                  gations under Article 12 or Article 13, or refuse
made of the investigation and of the identity of the               to submit to an investigation ordered by Deci-
authorized officials.                                              sion issued in implementation of Article 13 (3).
3. Undertakings and associations of undertakings              2. The Commission may by Decision impose on
shall submit to investigations ordered by decision of         undertakings or associations of undertakings fines
the Commission. The Decision shall specify the sub-           of from 1 000 to 1 000 000 units of account, or a sum
ject matter and purpose of the investigation, appoint         in excess thereof but not exceeding 10 % of the
the date on which it is to begin and indicate the             turnover in the preceding business year of each of
penalties provided for in Article 14 (1) (c) and              the undertakings participating in the infringement,
Article 15(1) (d) and the right to have the Decision          where either intentionally or negligently:
reviewed by the Court of Justice.
                                                              (a) they infringe Articles 85 or 86 of the Treaty, or
                                                                   do not comply with an obligation imposed
                                                                   under Article 8(1) of this Regulation;
4. The Commission shall take decisions referred to
 in paragraph 3 after consultation with the competent         (b) they commit a breach of any obligation imposed
authority of the Member State in whose territory the               pursuant to Article 6(1).
 investigation is to be made.
                                                              In fixing the amount of the fine, regard shall be had
                                                              both to the gravity and to the duration of the
5. Officials of the competent authority of the                infringement.
 Member State in whose territory the investigation is
to be made, may at the request of such authority or
of the Commission, assist the officials of the Com-           3.   Article 8 (3) and (4) and Article 9 shall apply.
mission in carrying out their duties.
                                                              4. Decisions taken pursuant to paragraphs 1 and 2
                                                              shall not be of criminal law nature.
6. Where an undertaking opposes an investigation
ordered pursuant to this Article, the Member State
concerned shall afford the necessary assistance to
the officials authorized by the Commission to
enable them to make their investigation. Member
States shall apply, mutatis mutandis, the measures
taken pursuant to Article 21 (6) of Regulation (EEC)                                   Article 15
 No 1017/68 of the Council.
                                                                               Periodic penalty payments
                                                               1. The Commission may by Decision impose on
                        Article 14                            undertakings or associations of undertakings peri-
                                                              odic penalty payments of from 50 to 1 000 units of
                                                              account per day, calculated from the date appointed
                          Fines                               by the Decision, in order to compel them:
  1. The Commission may by Decision impose on                  (a) to put an end to an infringement of Articles 85
 undertakings or associations of undertakings fines                 or 86 of the Treaty the termination of which it
 of from 100 to 5 000 units of account where, inten-                has ordered pursuant to Article 4;
 tionally or negligently:
                                                               (b) to refrain from any act prohibited under
 (a) they supply incorrect or misleading information                Article 6 (3);
      in connection with an application pursuant to
      Article 5; or                                            (c) to supply complete and correct information
                                                                    which it has requested by Decision taken pur-
(b) they supply incorrect information in response to                suant to Article 11 (5);
      a request made pursuant to Article 10 or to
     Article 11 (3) or (5), or do not supply informa-          <d) to submit to an investigation which it has
     tion within the time limit fixed by a Decision                 ordered by Decision taken pursuant to
     taken under Article 11 (5); or                                 Article 13(3).
 ---pagebreak--- N o C 291/10                      Official Journal of the European Communities                             12. 11. 81
 2. Where the undertakings or associations of                within a time limit which it shall fix being not less
 undertakings have satisfied the obligation which it         than one month. Publication shall have regard to the
 was the purpose of the periodic penalty payment to          legitimate interest of undertakings in the protection
 enforce, the Commission may fix the total amount            of their business secrets.
 of the periodic penalty payment at a lower figure
 than that which would arise under the original Deci-
 sion.
 3. Article 8 (3) and (4) and Article 9 shall apply.
                                                                                     Article 19
                                                                                Professional secrecy
                       Article 16                            1. Information acquired as a result of the applica-
                                                             tion of Articles 10 to 13 shall be used only for the
             Review by the Court of Justice                  purpose of the relevant request or investigation.
The Court of Justice shall have unlimited jurisdic-          2. Without prejudice to the provisions of Arti-
tion within the meaning of Article 172 of the Treaty         cles 18 and 20, the Commission and the competent
to review Decisions whereby the Commission has               authorities of the Member States, their officials and
fixed a fine or periodic penalty payment; it may             other servants shall not disclose information
cancel, reduce or increase the fine or periodic pen-         acquired by them as a result of the application of
alty payment imposed.                                        this Regulation and of the kind covered by the obli-
                                                             gation of professional secrecy.
                                                              3. The provisions of paragraphs 1 and 2 shall not
                                                              prevent publication of general information or sur-
                       Article 17                             veys which do not contain information relating to
                                                              particular undertakings or associations of undertak-
                    Unit of account                           ings.
For the purpose of applying Articles 14 to 16 the
unit of account shall be that adopted in drawing up
the budget of the Community in accordance with
Articles 207 and 209 of the Treaty.
                                                                                     Article 20
                                                                              Publication of Decisions
                       Article 18
                                                              1. The Commission shall publish the Decisions
       Hearing of the parties and of third persons           which it takes pursuant to Articles 4, 5 (3), second
                                                             subparagraph, 5 (4) and 6 (3).
 1. Before taking Decisions as provided for in Arti-
cles 4, 5 (3), second subparagraph, and 5 (4), 6 (3),         2. The publication shall state the names of the par-
 14 and 15, the Commission shall give the undertak-           ties and the main content of the Decision; it shall
ings or associations of undertakings concerned the            have regard to the legitimate interest of undertak-
opportunity of being heard on the matters to which            ings in the protection of their business secrets.
the Commission has taken objection.
2. If the Commission or the competent authorities
of the Member States consider it necessary, they
may also hear other natural or legal persons. Appli-
 cations to be heard on the part of such persons                                      Article 21
 where they show a sufficient interest shall be
 granted.                                                                      Implementing provisions
 3. Where the Commission intends to give negative              The Commission shall have power to adopt imple-
 clearance pursuant to Article 85 (3) of the Treaty, it        menting provisions concerning the form, content
 shall publish a summary of the relevant agreement,            and other details of complaints pursuant to
decision or concerted practice and invite all inter-           Article 3, applications pursuant to Article 5 and the
ested third parties to submit their observations               hearings provided for in Article 18(1) and (2).
 ---pagebreak--- 12. 11.81                           Official Journal of the European Communities                       N o C 291/11
                       Article 22                              date of entry into force of this Regulation or which
                                                               came into being between that date and the date of
         Entry into force, existing agreements                 publication of this Regulation in the Official Journal
                                                               of the European Communities.
I.  This    Regulation   shall   enter   into force   on
                                                              4. Paragraph 3 shall not be invoked against under-
                                                              takings or associations of undertakings which,
2. Notwithstanding the provisions of paragraph 1,             before the day following publication of this Regula-
Article 86 of the Treaty shall enter into force on the        tion in the Official Journal of the European Commu-
day following the publication of this Regulation in            nities, shall have terminated any agreements, deci-
the Official Journal of the European Communities.
                                                              sions or concerted practices to which they are party.
3. The prohibition in Article 85(1) of the Treaty
shall apply from ... to all agreements, decisions and         This Regulation shall be binding in its entirety and
concerted practices which were in existence at the            directly applicable in all Member States.
             Proposal for:
             I.   a Council Regulation amending Regulations (EEC) No 1508/76, (EEC) No 1514/76
                  and (EEC) No 1521/76 on imports of olive oil originating in Tunisia, Algeria and
                  Morocco (1981/82)
             II. a Council Regulation amending Regulation (EEC) No 1180/77 on imports into the
                  Community of certain agricultural products originating in Turkey (1981/82)
                          (Submitted by the Commission to the Council on 12 August 1981)
                                                           I
                          Proposal for a Council Regulation amending Regulations (EEC)
             No 1508/76, (EEC) No 1514/76 and (EEC) No 1521/76 on imports of olive oil originating
                                     in Tunisia, Algeria and Morocco (1981/82)
THE COUNCIL OF THE EUROPEAN                                    Economic Community and Tunisia (2), Morocco (3)
COMMUNITIES,                                                   and Algeria (4) respectively stipulate that, if the
                                                               country in question levies a special export charge on
                                                               imports into the Community of olive oil falling
Having regard to the Treaty establishing the Euro-             within subheading 15.07 A I of the Common Cus-
pean Economic Community, and in particular Arti-               toms Tariff, the levy applicable to such oil is to be
cles 43 and 113 thereof.                                       reduced by a fixed amount of 0-60 ECU per
                                                                100 kilograms and by an amount equal to the
Having regard to the proposal from the Commis-                 special charge, but not exceeding 12-09 ECU per
sion,                                                          100 kilograms in the case of reduction provided for
                                                               in the aforementioned Articles and 12 09 ECU per
Having regard to the opinion of the European                   100 kilograms in the case of the additional amount
Parliament ( r ),                                              provided for in the aforementioned Annexes B;
Whereas Articles 16, 17 and 16 of Annexes B to the             Whereas the aforementioned Agreements were
Cooperation Agreements between the European                    implemented by Regulations (EEC) No 1508/76 (5),
                                                               (J) OJ No L 141,28. 5. 1976, p. 98.
(') OJNoC346, 31. 12. 1980, p. 127.                            I ) OJ No L 141,28. 5. 1976, p. 2.
(2) OJ No L 141,28. 5. 1976, p. 195.                           p) OJ No L 169, 28. 6. 1976, p. 9.