Council Regulation (EEC) No 1284/91 of 14 May 1991 amending Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector

COUNCIL REGULATION (EEC) No 1284/91  of 14 May 1991  amending Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector
THE COUNCIL OF THE EUROPEAN  COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 87 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Council Regulation (EEC) No 2342/90 of 24 July 1990 on fares for scheduled air services (4) and Regulation (EEC) No 2343/90 (5) concerning access to the market and the sharing of passenger capacity provide for further liberalization of the  tariff system within the Community;
Whereas, while the Community air transport policy will enable carriers to compete on their merits and will thus contribute to a more dynamic industry in the interests of the air transport user, the Commission should be able to take prompt action in  cases where air carriers engage in practices which are contrary to the competition rules and which may threaten the viability of services operated by a competitor or even the existence of an airline company and thus cause irreversible damage to the  competitive structure;
Whereas it is appropriate to provide for a specific procedure according to which the Commission may apply the competition rules more promptly in cases where there is an urgend need to prevent, or act against, such anti-competitive practices;
Whereas this procedure should provide the undertakings concerned with the opportunity to comment in writing on the matters to which objection is taken;
Whereas it is therefore necessary to amend Regulation (EEC) No 3975/87 (6),