CELEX: 21992A0718(01)
Language: en
Date: 1992-06-22 00:00:00
Title: Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation #

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21992A0718(01)

Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation  -   

Official Journal L 200 , 18/07/1992 P. 0021

AGREEMENT between the European Economic Community, the  Kingdom of Norway and the Kingdom of Sweden on civil aviationTHE CONTRACTING  PARTIES, DESIRING to set out rules for civil aviation within the area covered by the European Economic  Community, the Kingdom of Norway and the Kingdom of Sweden, rules which are without prejudice to  those contained in the EEC Treaty and in particular to existing Community competence under Articles  85 and 86 of the EEC Treaty and the competition rules derived therefrom; AGREEING that it is appropriate to base these rules on the legislation in force within the European  Economic Community; DESIRING to prevent, in full deference to the independence of the courts, divergent interpretations  and to arrive at as uniform an interpretation as possible of the provisions of this Agreement and  those provisions of Community legislation which are substantially reproduced in this Agreement; WHEREAS this Agreement shall not prejudge the outcome of the negotiations between the Community and  the EFTA countries on the European economic area, and in particular in respect of the rules of  competition and State aid and shall be terminated on the date on which an agreement between the EC  and the EFTA countries on the said European economic area enters into force, HAVE AGREED AS FOLLOWS: CHAPTER 1 Article 11. This Agreement sets out rules for the Contracting  Parties in the field of civil aviation. These rules are without prejudice to those contained in the  EEC Treaty, and in particular to existing Community competence under Articles 85 and 86 of the EEC  Treaty and the competition rules derived therefrom. 2. For this purpose the provisions laid down by the Regulations and Directives specified at any  time in the Annex shall apply under the conditions set out hereafter. The interpretations of the  said provisions shall be in accordance with the interpretations provided by the Court of Justice of  the European Communities or the European Commission (hereafter called the 'Commission`) applicable  to Articles 4 to 6, to the corresponding Articles of the EEC Treaty and to those Regulations and  Directives. Such interpretations handed down after the signature of this Agreement shall be  communicated to Norway and Sweden. At the request of a Contracting Party the Joint Committee shall exchange views pursuant to Article  13 on the implications of such interpretations for the proper functioning of this Agreement. 3. The Parties to this Agreement shall take all appropriate measures whether general or particular,  to ensure fulfilment of the obligations arising out of this Agreement and shall refrain from any  measure which would jeopardize attainment of the objectives of this AgreementArticle 2Any  service covered by this Agreement, operated by the Scandinavian Airlines System (SAS) between one  of the States in which the parent companies are registered and another State within the Community  shall be considered as a third or fourth freedom service. CHAPTER 2 Article 3The provisions in Articles 4 to 6 and the Annex shall apply to the extent  that they concern air transport or an associated matter mentioned in the Annex. Article 41. The following shall be prohibited as incompatible with this Agreement: all  agreements between undertakings, decisions by associations of undertakings and concerted practices  which may affect trade between Contracting Parties and which have as their object or effect the  prevention, restriction or distortion of competition within the area covered by this Agreement, and  in particular those which: (a) directly or indirectly fix purchase or selling prices or any other trading conditions; (b) limit or control production, markets, technical development, or investment; (c) share markets or sources of supply; (d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby  placing them at a competitive disadvantage; (e) make the conclusion of contracts subject to acceptance by the other parties of supplementary  obligations which, by their nature or according to commercial usage, have no connection with the  subject of such contracts. 2. Any agreements or decisions prohibited pursuant to this Article shall be automatically void. 3. The provisions of paragraph 1 may, however, be declared inapplicable in the case of: - any agreement or category of agreements between undertakings, - any decision or category of decisions by associations of undertakings, - any concerted practice or category of concerted practices, which contributes to improving the production or distribution of goods or to promoting technical or  economic progress, while allowing consumers a fair share of the resulting benefit, and which does  not: (a) impose on the undertaking concerned restrictions which are not indispensable to the attainment  of these objectives; (b) afford such undertakings the possibility of eliminating competition in respect of a substantial  part of the products in question. Article 5Any abuse by one or more undertakings of a dominant position within the area covered by  this Agreement or in a substantial part of it shall be prohibited as incompatible with this  Agreement in so far as it may affect trade between Contracting Parties. Such abuse may, in particular, consist in: (a) directly or indirectly imposing unfair purchase or selling prices or other unfair trading  conditions; (b) limiting production, markets or technical development to the prejudice of consumers; (c) applying dissimilar conditions to equivalent transactions with other trading parties, thereby  placing them at a competitive disadvantage; (d) making the conclusion of contracts subject to acceptance by the other parties of supplementary  obligations which, by their nature or according to commercial usage, have no connection with the  subject of such contracts. Article 61. Save as otherwise provided in this Agreement, any aid granted by Norway or Sweden or  by a Member State or through State resources in any form whatsoever which distorts or threatens to  distort competition by favouring certain undertakings or the production of certain goods shall, in  so far as it affects trade between Contracting Parties, be incompatible with this Agreement. 2. The following shall be compatible with this Agreement: (a) aid having a social character, granted to individual consumers, provided that such aid is  granted without discrimination related to the origin of the products concerned; (b) aid to make good the damage caused by natural disasters or exceptional occurences. 3. The following may be considered to be compatible with this Agreement: (a) aid to promote the economic development of areas where the standard of living is abnormally low  or where there is serious underemployment; (b) aid to promote the execution of an important project of common European interest or to remedy a  serious disturbance in the economy of a Contracting Party; (c) aid to facilitate the development of certain economic activities or of certain economic areas,  where such aid does not adversely affect trading conditions to an extent contrary to the common  interest. Article 71. The rules laid down in Article 6 shall be enforced: - as regards Norway and Sweden, by application of the provisions of paragraphs 2 to 6 and the  appropriate national rules and regulations of those States, - as regards the Community, under the Treaty of Rome. 2. With regard to aids granted by Norway and Sweden the Commission shall, in cooperation with  Norway and Sweden, keep under constant review all systems of aid existing in those States. It shall  propose to the latter any appropriate measures required by the progressive development or by the  functioning of this Agreement. 3. If, after giving notice to the parties concerned to submit their comments, the Commission finds  that aid granted by one of those States or through State resources is not compatible with this  Agreement having regard to Article 6, or that such aid is being misused, it shall inform the State  concerned and shall request that such aid be abolished or altered within a period of time to be  determined by the Commission. 4. Unless the State concerned notifies the other Contracting Parties that it is not in agreement  with the action requested, it shall take the necessary measures and inform the Commission thereof. 5. If the State concerned is not in agreement with the action requested by the Commission the  matter shall be submitted within 21 days to the Joint Committee referred to in Article 13 which  shall meet within 14 days of the date of submission. 6. The Commission shall be informed, in sufficient time to enable it to submit its comments, of any  plans to grant or alter aid. If it considers that any such plan is not compatible with this  Agreement having regard to Article 6, it shall without delay initiate the procedure provided for in  paragraph 3. The State concerned shall not put its proposed measures into effect until this  procedure has resulted in a final decision. CHAPTER 3 Article 81. Norway and Sweden shall ensure that the Commission is given the  information foreseen in the Annex in respect of the application of the rules in Articles 4 and 5  and the Annex. 2. In instances where the Commission may obtain information directly from undertakings as provided  for in the Annex to this Agreement Norway and Sweden shall upon request provide the Commission with  such information and/or arrange, if requested, for a direct visit on a specified date and invite  the Commission to participate, while respecting the relevant procedural guarantees laid down by  national law. Article 91. Norway and Sweden shall ensure that Articles 4, 5 and 6 and the provisions of the  Regulations and Directives specified in the Annex are applied in their territories and enforced  with the same effect as in the Community. 2. If there is a disagreement between Contracting Parties as to the proper implementation or  enforcement in Norway or Sweden of Articles 4, 5 or 6 or the other provisions mentioned in  paragraph 1, the matter shall be submitted to the Joint Committee referred to in Article 13 which  shall meet within 14 days of the date of submission. 3. The Contracting Parties shall ensure that the rights which devolve from Articles 4, 5, 6, 7 and  the abovementioned Regulations and Directives may be invoked before the national courts. Article 10All questions concerning the validity of decisions of the institutions of the  Community, pursuant to Articles 4, 5, 6, 7 and the Regulations and Directives specified in the  Annex to this Agreement shall be within the exclusive competence of the Court of Justice of the  European Communities. Article 111. Whenever a decision contains a request for action to be taken by Norway and/or  Sweden pursuant to the Regulations and Directives specified in the Annex then, unless the State  concerned notifies the other Contracting Parties that it is not in agreement with the action  requested, it shall take the necessary measures and inform the Commission thereof. 2. If the State concerned is not in agreement with the action requested by the Commission the  matter shall be submitted within 21 days to the Joint Committee referred to in Article 13 which  shall meet within 14 days of the date of submission. CHAPTER 4 Article 121. This Agreement shall be without prejudice to the right of each  Contracting Party, subject to compliance with the principle of non-discrimination and the  provisions of this Article and of Article 13, paragraph 2, unilaterally to amend its domestic  legislation on a point regulated by this Agreement. 2. As soon as a Contracting Party has adopted an amendment to its domestic legislation it shall  inform the other Contracting Parties via the Joint Committee referred to in Article 13, eight days  after adoption at the latest. The Joint Committee shall within 14 days thereafter hold an exchange  of views on the implications of such an amendment for the proper functioning of this Agreement. 3. The Joint Committee shall: - either adopt a decision revising the provisions of this Agreement so as to integrate therein, if  necessary on a basis of reciprocity, the amendments made to the legislation in question, or- adopt  a decision to the effect that the amendments to the legislation in question shall be regarded as in  accordance with this Agreement, or- decide any other measures to safeguard the proper functioning  of the Agreement. Article 131. A Joint Committee is hereby established which shall be responsible for the  administration of this Agreement and shall ensure its proper implementation. For this purpose it  shall make recommendations and take decisions by unanimity. The decisions of the Joint Committee  shall be put into effect by the Contracting Parties in accordance with their own rules. 2. For the purpose of the proper implementation of this Agreement, the Contracting Parties shall  exchange information and, at the request of any Party, shall hold consultations within the Joint  Committee. 3. The Joint Committee shall adopt its own rules of procedure at the latest 21 days after the entry  into force of this Agreement. 4. The Joint Committee shall consist of one representative each of Norway, Sweden and the  Community. 5. Norway or Sweden and the Community shall preside in turn over the Joint Committee in accordance  with the arrangements to be laid down in its rules of procedure. 6. The chairman of the Joint Committee shall convene meetings at least once a year in order to  review the general functioning of this Agreement and whenever special circumstances so require, at  the request of any Contracting Party. 7. The Joint Committee shall, in addition, meet in conformity with Articles 1, 7, 9, 11 and 12. In  the case of disagreement the decision shall be referred to a subsequent meeting of the Joint  Committee to be held within two months from the date of referral in accordance with the conditions  to be laid down in its rules of procedure. 8. The Joint Committee may decide to set up any working party that can assist it in carrying out  its duties. Article 141. A decision of the Joint Committee shall be binding upon the Contracting Parties. 2. If, in the view of one of the Contracting Parties, a decision of the Joint Committee is not  properly implemented by another Contracting Party concerned, the former may request that the issue  be discussed by the Joint Committee. If the Joint Committee cannot resolve the issue within two  months of its referral, this Agreement shall cease to be in force. 3. The decisions of the Joint Committee shall be published in the Official Journal of the European  Communities. Each decision shall state the date of its implementation in the three Contracting  Parties and any other information likely to concern economic operators. The decisions shall be  submitted if necessary for ratification or approval by the Contracting Parties in accordance with  their own procedures. 4. The Contracting Parties shall notify each other of the completion of this formality. If upon the  expiry of a period of 12 months after adoption of a decision by the Joint Committee such  notification has not taken place, paragraph 5 shall apply mutatis mutandis. 5. If the Joint Committee does not take the decisions pursuant to Articles 1 (2), 7 (5), 9 (2), 11  (2) and 12 (3) within six months of the date of referral, this Agreement shall cease to be in  force. 6. As regards legislation covered by Article 12 between the signing of this Agreement and its entry  into force, of which the other Contracting Parties have been informed, the date of referral in  paragraph 5 shall be taken as the date on which the information was received. The date on which the  Joint Committee shall reach a decision cannot be earlier than two months after the date of entry  into force of this Agreement. CHAPTER 5 Article 15The Contracting Parties shall consult each other, at the request of any  party, in accordance with the procedures laid down in Articles 16, 17 and 18: (a) on air transport questions dealt with in international organizations; and(b) on the various  aspects of developments which have taken place in relations between Contracting Parties and third  countries in air transport, and on the functioning of the significant elements of bilateral or  multilateral agreements concluded in this field. The consultations shall be held within one month of the request and as soon as possible in urgent  cases. Article 161. The main aims of the consultations provided for in Article 15 (a) shall be: (a) to determine jointly whether the questions raise problems of common interest; and(b) depending  upon the nature of such problems: - to consider jointly whether Contracting Parties' action within the international organizations  concerned should be coordinated, or- to consider jointly any other approach which might be  appropriate. 2. The Contracting Parties shall as soon as possible exchange any information of relevance to the  aims described in paragraph 1. Article 171. The main aims of the consultations provided for in Article 15 (b) shall be to  examine the relevant issues and to consider any approach which might be appropriate. 2. For the purpose of the consultations referred to in paragraph 1, each Contracting Party shall  inform the other Contracting Parties of developments which have taken place in the field of air  transport and of the operation of bilateral or multilateral agreements concluded in that field, if  it considers this likely to contribute to the identification of problems of common interest. Article 181. The consultations provided for in Articles 15, 16 and 17 shall take place within  the framework of the Joint Committee. 2. The information and consultations provided for in Articles 15, 16 and 17 shall be covered by  professional secrecy. CHAPTER 6 Article 191. This Agreement shall remain in force unless denounced by one of the  Contracting Parties. 2. Each Contracting Party may denounce this Agreement by notifying the other Contracting Parties.  This Agreement shall cease to be in force one year after the day of notification. 3. This Agreement shall cease to be in force from the date an agreement between the Community and  the EFTA countries on the European economic area enters into force. Article 20This Agreement shall be reviewed at the request of any Contracting Party and at any  event one year after its entry into force. Article 21Norway and Sweden shall bring their legislative and administrative provisions into  conformity with this Agreement before the entry into force of this Agreement. Article 22This Agreement shall supersede the relevant provisions of bilateral arrangements in  force between Norway and/or Sweden on the one hand and Community Member States on the other hand. Article 231. This Agreement shall be subject to approval or ratification in accordance with the  Contracting Parties' own procedures and the Parties shall notify each other of the completion of  the procedures necessary for that purpose. 2. This Agreement shall enter into force on the date on which the last instrument of ratification  has been deposited. 3. This Agreement and the instruments of ratification shall be deposited in the archives of the  Secretariat of the Council of the European Communities, which shall deliver a certified copy  thereof to each Contracting Party. Article 24This Agreement is drawn up in all the official languages: Danish, Dutch, English,  French, German, Greek, Italian, Portuguese, Spanish of the Community as well as in the Norwegian  and Swedish languages, all these texts being equally authentic.  ANNEX For the purposes of this Agreement Norway and Sweden shall be considered as falling  within the terms 'Member States` and 'Community` referred to in the following Community Directives  and Regulations. 1. (EEC) No 2343/90Council Regulation of 24 July 1990 on access for air carriers to scheduled  intra-Community air service routes and on the sharing of passenger capacity between air carriers on  scheduled air services between Member States. Articles 1, 2, 3 paragraph 1, 4 to 10, 11 with the exception of paragraph 2, 12 to 14, 17. 2. (EEC) No 2342/90Council Regulation of 24 July 1990 on fares for scheduled air services. Articles 1 to 11, 14. 3. (EEC) No 294/91Council Regulation of 4 February 1991 on the operation of air-cargo services  between Member States. Articles 1, 2, 3 paragraph 1, 4 to 11. 4. (EEC) No 17/62Council Regulation of 6 February 1962 implementing Articles 85 and 86 of the  Treaty, as amended by Regulation 59, by Regulation 118/63/EEC and by Regulation 2822/71/EEC. Articles 1 to 9, 10 paragraphs 1 and 2, 11 to 14, 15 with the exception of paragraph 3, 16  paragraphs 1 and 2, 17 to 24. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 6  of this Agreement respectively. 5. (EEC) No 3975/87Council Regulation of 14 December 1987 laying down the procedures for the  application of the rules on competition to undertakings in the air-transport sector. Articles 1 to 7, 8 paragraphs 1 and 2, 9, 10, 11, 12 with the exception of paragraph 3, 13 with the  exception of paragraph 3, 14 to 20. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 5  of this Agreement respectively. 6. (EEC) No 3976/87Council Regulation of 14 December 1987 on the application of Article 85 (3) of  the Treaty to certain categories of agreement and concerted practices in the air transport sector. Articles 1 to 5, 7, 9. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 5  of this Agreement respectively. 7. (EEC) No 2344/90Council Regulation of 24 July 1990 amending Regulation (EEC) No 3976/87 on the  application of Article 85 (3) of the Treaty to certain categories of agreements and concerted  practices in the air-transport sector. Articles 1, 2. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 5  of this Agreement respectively. 8. (EEC) No 82/91Commission Regulation of 5 December 1990 on the application of Article 85 (3) of  the Treaty to certain categories of agreements, decisions and concerted practices concerning ground  handling services. Articles 1 to 5. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 5  of this Agreement respectively. 9. (EEC) No 83/91Commission Regulation of 5 December 1990 on the application of Article 85 (3) of  the Treaty to certain categories of agreements between undertakings relating to computer  reservation systems for air-transport services. Articles 1 to 13. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 5  of this Agreement respectively. 10. (EEC) No 84/91Commission Regulation of 5 December 1990 on the application of Article 85 (3) of  the Treaty to certain categories of agreements, decisions and concerted practices concerning joint  planning and coordination of capacity, consultations on passenger and cargo tariff rates on  scheduled air services and slot allocation at airports. Articles 1 to 6. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 5  of this Agreement respectively. 11. (EEC) No 295/91Council Regulation of 4 February 1991 establishing common rules for a  denied-boarding compensation system in scheduled air transport. Articles 1 to 10. 12. (EEC) No 2299/89Council Regulation of 24 July 1989 introducing a code of conduct for computer  reservation systems. Articles 1 to 22. 13. 80/1266/EECCouncil Directive of 16 December 1980 on future cooperation and mutual assistance  between the Member States in the field of air accident investigation. Articles 1 to 2. 14. 80/51/EECCouncil Directive of 20 December 1979 on the limitation of noise emissions from  subsonic aircraft, as amended by Council Directive 83/206/EEC. Articles 1 to 8. 15. 89/629/EECCouncil Directive of 4 December 1989 on the limitation of noise emission from civil  subsonic jet aeroplanes. Articles 1 to 7. 16. 90/314/CEECouncil Directive of 13 June 1990 on package travel, package holidays and package  tours. Articles 1 to 9.17. (EEC) N° 4064/89Council Regulation of 21 December 1989 on the control of concentrations  between undertakings. Articles 1 to 8, 9 paragraphs 1 to 8, 10 to 18, 19 paragraphs 1 and 2, 20 to 23, 25. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 5  of this Agreement respectively. 18. 80/723/EECCommission Directive of 25 June 1980 on the transparency of financial relations  between Member States and public undertakings, as amended by Commission Directive 85/413/EEC of 24  July 1985. Articles 1 to 8. 19. (EEC) N° 2367/90Commission Regulation of 25 July 1990 on the notifications, time limits and  hearings provided for in Council Regulation 4064/89. Articles 1 to 20. 20. No 4261/88Commission Regulation of 16 December 1988 on the complaints, applications and  hearings provided for in Council Regulation 3975/87. Articles 1 to 15.  ANNEX For the purposes of this Agreement Norway and Sweden shall be considered as falling  within the terms 'Member States` and 'Community` referred to in the following Community Directives  and Regulations. 1. (EEC) No 2343/90Council Regulation of 24 July 1990 on access for air carriers to scheduled  intra-Community air service routes and on the sharing of passenger capacity between air carriers on  scheduled air services between Member States. Articles 1, 2, 3 paragraph 1, 4 to 10, 11 with the exception of paragraph 2, 12 to 14, 17. 2. (EEC) No 2342/90Council Regulation of 24 July 1990 on fares for scheduled air services. Articles 1 to 11, 14. 3. (EEC) No 294/91Council Regulation of 4 February 1991 on the operation of air-cargo services  between Member States. Articles 1, 2, 3 paragraph 1, 4 to 11. 4. (EEC) No 17/62Council Regulation of 6 February 1962 implementing Articles 85 and 86 of the  Treaty, as amended by Regulation 59, by Regulation 118/63/EEC and by Regulation 2822/71/EEC. Articles 1 to 9, 10 paragraphs 1 and 2, 11 to 14, 15 with the exception of paragraph 3, 16  paragraphs 1 and 2, 17 to 24. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 6  of this Agreement respectively. 5. (EEC) No 3975/87Council Regulation of 14 December 1987 laying down the procedures for the  application of the rules on competition to undertakings in the air-transport sector. Articles 1 to 7, 8 paragraphs 1 and 2, 9, 10, 11, 12 with the exception of paragraph 3, 13 with the  exception of paragraph 3, 14 to 20. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 5  of this Agreement respectively. 6. (EEC) No 3976/87Council Regulation of 14 December 1987 on the application of Article 85 (3) of  the Treaty to certain categories of agreement and concerted practices in the air transport sector. Articles 1 to 5, 7, 9. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 5  of this Agreement respectively. 7. (EEC) No 2344/90Council Regulation of 24 July 1990 amending Regulation (EEC) No 3976/87 on the  application of Article 85 (3) of the Treaty to certain categories of agreements and concerted  practices in the air-transport sector. Articles 1, 2. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 5  of this Agreement respectively. 8. (EEC) No 82/91Commission Regulation of 5 December 1990 on the application of Article 85 (3) of  the Treaty to certain categories of agreements, decisions and concerted practices concerning ground  handling services. Articles 1 to 5. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 5  of this Agreement respectively. 9. (EEC) No 83/91Commission Regulation of 5 December 1990 on the application of Article 85 (3) of  the Treaty to certain categories of agreements between undertakings relating to computer  reservation systems for air-transport services. Articles 1 to 13. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 5  of this Agreement respectively. 10. (EEC) No 84/91Commission Regulation of 5 December 1990 on the application of Article 85 (3) of  the Treaty to certain categories of agreements, decisions and concerted practices concerning joint  planning and coordination of capacity, consultations on passenger and cargo tariff rates on  scheduled air services and slot allocation at airports. Articles 1 to 6. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 5  of this Agreement respectively. 11. (EEC) No 295/91Council Regulation of 4 February 1991 establishing common rules for a  denied-boarding compensation system in scheduled air transport. Articles 1 to 10. 12. (EEC) No 2299/89Council Regulation of 24 July 1989 introducing a code of conduct for computer  reservation systems. Articles 1 to 22. 13. 80/1266/EECCouncil Directive of 16 December 1980 on future cooperation and mutual assistance  between the Member States in the field of air accident investigation. Articles 1 to 2. 14. 80/51/EECCouncil Directive of 20 December 1979 on the limitation of noise emissions from  subsonic aircraft, as amended by Council Directive 83/206/EEC. Articles 1 to 8. 15. 89/629/EECCouncil Directive of 4 December 1989 on the limitation of noise emission from civil  subsonic jet aeroplanes. Articles 1 to 7. 16. 90/314/CEECouncil Directive of 13 June 1990 on package travel, package holidays and package  tours. Articles 1 to 9. 17. (EEC) N° 4064/89Council Regulation of 21 December 1989 on the control of concentrations  between undertakings. Articles 1 to 8, 9 paragraphs 1 to 8, 10 to 18, 19 paragraphs 1 and 2, 20 to 23, 25. Any reference to Articles 85 or 86 in this Regulation shall be understood to mean Articles 4 or 5  of this Agreement respectively. 18. 80/723/EECCommission Directive of 25 June 1980 on the transparency of financial relations  between Member States and public undertakings, as amended by Commission Directive 85/413/EEC of 24  July 1985. Articles 1 to 8. 19. (EEC) N° 2367/90Commission Regulation of 25 July 1990 on the notifications, time limits and  hearings provided for in Council Regulation 4064/89. Articles 1 to 20. 20. No 4261/88Commission Regulation of 16 December 1988 on the complaints, applications and  hearings provided for in Council Regulation 3975/87. Articles 1 to 15.