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Exemptions from consultations on passenger tariffs and slot allocation at airports
1) OBJECTIVE
To exempt, subject to certain conditions, consultations on passenger tariffs and slot allocation at airports from the competition rules.
2) ACT
Commission Regulation (EEC) No 1617/93 of 25 June 1993 on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on passenger and cargo tariffs on scheduled air services and slot allocation at airports [Official Journal L 155 of 26.06.1993].
Amended by the following measures:
Commission Regulation (EC) No 1105/2002 of 25 June 2002 amending Regulation (EEC) No 1617/93 as regards consultations on passenger tariffs and slot allocation at airports [Official Journal L 167 of 26.06.2002];
Commission Regulation (EC) No 1083/1999 of 26 May 1999 amending Regulation (EEC) No 1617/93 on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on passenger and cargo tariffs on scheduled air services and slot allocation at airports [Official Journal L 131 of 27.05.1999];
Commission Regulation (EC) No 1523/96 of 24 July 1996 amending Regulation (EEC) No 1617/93 on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on passenger and cargo tariffs on scheduled air services and slot allocation at airports [Official Journal L 190 of 31.07.1996].
3) SUMMARY
Background
Under Regulation No 3976/87, which authorises the Commission to grant block exemptions to certain categories of agreements and concerted practices which relate directly or indirectly to the provision of air transport services, this Regulation is designed to exempt consultations on passenger tariffs and slot allocation at airports from Article 81(1) of the EC Treaty. The Commission may withdraw the benefit of the block exemption.
Scope
In 1993 the scope of this Regulation was broad enough to include agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on tariffs and slot allocation at airports which could restrict competition and affect trade between Member States. Numerous successive amendments significantly reduced the scope of this Regulation. It is now limited to consultations on passenger tariffs and slot allocation at airports.
Conditions governing application
The exemption concerning the organisation of consultations on passenger tariffs applies on condition that:
The exemption concerning slot allocation and scheduling applies on condition that:
Air carriers must notify the Member States concerned and the Commission of the date, place and subject of these consultations at least ten days in advance so that observers from the Commission and the Member States can take part in them. Air carriers are required to submit a report on the consultations.
Other provisions
To help the Commission decide whether the block exemption should be extended beyond 30 June 2005, this Regulation requires air carriers participating in conferences to collect certain data on the relative use of the passenger tariffs set in the conferences.
Act |
Dateof entry into force |
Final date for implementation in the Member States |
Regulation (EEC) No 1617/93 |
01.07.1993 |
- |
Regulation (EC) No 1523/96 |
20.08.1996 |
- |
Regulation (EC) No 1083/1999 |
27.05.1999 |
- |
Regulation (EC) No 1105/2002 |
29.06.2002 |
- |
4) implementing measures
5) follow-up work
Last updated: 01.02.2003