Council Regulation (EC) No 487/2009 of 25 May 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector (Codified version) (Text with EEA relevance)

11.6.2009 EN Official Journal of the European Union L 148/1
COUNCIL REGULATION (EC) No 487/2009
of 25 May 2009
on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector
(Codified version)
(Text with EEA relevance)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community and in particular Article 83 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (1),
Whereas:
(1) Council Regulation (EEC) No 3976/87 of 14 December 1987 on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified.
(2) Common provisions for the application of Article 81(3) of the Treaty should be adopted by way of Regulation or Directive pursuant to Article 83 of the Treaty. The Commission should be enabled to declare by way of regulation that the provisions of Article 81(1) of the Treaty do not apply to certain categories of agreements between undertakings, decisions by associations of undertakings and concerted practices.
(3) The Commission should be empowered to grant block exemptions in the air transport sector in respect of traffic within the Community, as well as in respect of traffic between the Community and third countries.
(4) It should be laid down under what specific conditions and in what circumstances the Commission may exercise such powers in close and constant liaison with the competent authorities of the Member States.
(5) It is desirable, in particular, that block exemptions be granted for certain categories of agreements, decisions and concerted practices. Those exemptions should be granted for a limited period during which air carriers can adapt to a more competitive environment. The Commission, in close liaison with the Member States, should be able to define precisely the scope of those exemptions and the conditions attached to them.
(6) This Regulation is without prejudice to the application of Article 86 of the Treaty,