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   Under an agreement between certain oil companies and the managing company
   of  Milan's Malpensa Airport, a joint venture was created under the  name
   DISMA  for  the installation and operation of equipment for  storing  jet
   fuel and transferring it to supply points on the site of the new airport.
   The  Commission  demanded,  and  has  obtained,  the  changes  needed  to
   guarantee  non-discriminatory access for the companies operating on  this
   market.

   The agreement envisages the creation on the site of the airport of a  new
   fixed aircraft-refuelling installation essentially comprising a fuel  and
   lubricant  depot  directly  linked via underground  pipelines  to  supply
   points.  This will enable fuel to be transferred direct from the  depot's
   reservoirs to the fuel tanks of aircraft by means of specially  installed
   pipelines  and  pumping  equipment without the  use  of  the  traditional
   tankers.  Once  it  has been completed, this equipment will be  the  only
   means of refuelling aircraft at the new airport.

   At  the  outset,  the  Commission  acknowledged  that  the  technological
   characteristics  of the DISMA installations would enable jet fuel  to  be
   stored and transported advantageously in terms of Community environmental
   legislation,  particularly  with  regard to traffic  and  air  pollution.
   Moreover, the advantages benefit not only the oil companies but also  the
   customer airlines and their users.

   However, the initial version of the agreements notified to the Commission
   contained  clauses preventing non-DISMA companies from having  access  on
   non-discriminatory terms to the joint venture's services.  For one thing,
   the  almost  insurmountable obstacles making impossible in  practice  the
   transfer of holdings in DISMA to third parties prevented the latter  from
   gaining  access to the market.  The founding members had also  agreed  to
   impose  significantly  higher  charges  on  non-members.  Some  users  of
   DISMA's  installations  and services were thus forced to  accept  unequal
   conditions for equivalent services, and this placed them at a competitive
   disadvantage.

   In  view  of the foregoing considerations, and given the  more  important
   role  that  Milan  Malpensa  Airport is likely to  play  as  regards  air
   transport   in  the  Community,  a  sector  which  is   gradually   being
   liberalized,  the  Commission  initiated  proceedings  with  a  view   to
   eliminating these unjustified barriers to access and ensuring  neutrality
   and  equality  of treatment for all users of  DISMA's  installations,  it
   being borne in mind that all oil companies, whether or not members of the
   joint venture, have to use these installations to supply their customers.
   The  members of DISMA have therefore proposed a uniform  tariff  although
   actual charges are on a sliding scale according to the quantities of  jet
   fuel supplied.  The principle of a sliding scale can indeed be  justified
   by the existence of fixed costs associated with the services supplied  to
   each customer.

   The parties to the agreement have finally agreed that access by firms not
   participating  in  the  capital  of DISMA  should  be  made  easier  once
   Malpensa's static refuelling system is operational.

   The  Commission takes the view that the agreements concerning  the  DISMA
   joint venture are now compatible with the common market.  Accordingly, it
   has adopted a favourable position in their regard and has terminated  the
   proceedings it initiated earlier.

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