CELEX: 51989PC0373(03)
Language: en
Date: 1989-09-08
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) 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

N o C 258/12                            Official Journal of the European Communities                                     11. 10. 89
               Proposal for a Council Regulation (EEC) 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
                                                       COM(89) 373 final
                                     (Submitted by the Commission on 8 September 1989)
                                                         (89/C 258/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             1. Article 2 (2) is replaced by the following:
Having regard to the Treaty establishing the European                   '2.    The Commission may, in particular, adopt such
Economic Community, and in particular Article 87                        regulations in respect of agreements, decisions or
thereof,                                                                concerted practices which have as their object any of
                                                                        the following:
Having regard to the proposal from the Commission,
                                                                        — joint planning and coordination of the capacity to
Having regard        to  the   opinion   of   the   European                be provided on scheduled air services,
Parliament,                                                             — consultations       for    common      preparation     of
                                                                            proposals on tariffs, fares and conditions for the
Having regard to the opinion of the Economic and                            carriage of passengers and baggage on scheduled
Social Committee,                                                           air services,
Whereas Council Regulation (EEC) No 3976/87 O                           — slot allocation at airports and airport scheduling,
empowers the Commission to declare by way of regu-
lation that the provisions of Article 85 (1) do not apply               — common purchase, development and operation of
to certain categories of agreements between under-                          computer      reservation     systems    relating    to
takings, decisions by associations of undertakings and                      timetabling, reservations and ticketing by air
concerted practices;                                                        transport undertakings,
                                                                        — technical and operational ground handling at
Whereas these block exemptions have been granted for a                      airports, such as aircraft push back, refuelling,
limited period, expiring on 31 January 1991, during                         cleaning and security,
which air carriers can adapt to the more competitive
environment introduced by changes in the regulatory                     — handling of passengers, mail, freight and baggage
system applicable to intra-Community international air                      at airports,
transport;                                                              — services for the provision of in-flight catering';
Whereas a continuation of block exemptions after that
                                                                     2. Article 3 is replaced by the following:
date is justified by the further measures to liberalize the
air transport sector adopted by the Community; whereas                  T.     A regulation pursuant to Article 2 shall be made
the scope of these block exemptions and the conditions                  for a specified period.
attached to them should be defined by the Commission,
                                                                        2.    It may be repealed or amended where circum-
in close liaison with the Member States, taking into
                                                                        stances have changed with respect to any factor which
account changes to the competitive environment
                                                                        was basic to its being made; in such case, a period
achieved since the entry into force of Regulation (EEC)
                                                                        shall be fixed for modification of the agreements and
N o 3976/87,
                                                                        concerted practices to which the earlier regulation
                                                                        applies.'
HAS ADOPTED THIS REGULATION:
                                                                     3. Article 8 is deleted.
                           Article 1
                                                                                                Article 2
Regulation (EEC) No 3976/87 is hereby amended as
follows:                                                            This Regulation shall enter into force on 1 July 1990.
                                                                    This Regulation shall be binding in its entirety and
(") OJ No L 374, 31. 12. 1987, p. 9.                                 directly applicable in all Member States.