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Document 32009R0487

    Exemption of certain air transport agreements from EU competition rules

    Date of last review:
    08/12/2021
    Initial creation date:
    07/03/2011
    Summarised document(s):
    Author:
    Publications Office of the European Union
    Responsible entity(ies):
    Directorate-General for Competition

    Exemption of certain air transport agreements from EU competition rules

     

    SUMMARY OF:

    Regulation (EC) No 487/2009 on the application of the Treaty on the Functioning of the European Union to certain categories of agreements and concerted practices in the air transport sector

    WHAT IS THE AIM OF THE REGULATION?

    • The regulation gives the European Commission the power to grant block exemptions in the air transport sector with regard to traffic within the European Union (EU) and between the EU and non-EU countries.
    • It lays down the specific conditions and circumstances in which the Commission may exercise this power alongside the EU Member States’ national competition authorities.
    • It should be noted that the treaty article in the regulation’s title — Article 81(3) of the Treaty Establishing the European Community (TEC) — has since become Article 101(3) of the Treaty on the Functioning of the European Union (TFEU).

    KEY POINTS

    Article 101 TFEU

    Article 101(3) TFEU allows the Commission to adopt a regulation declaring that certain agreements, decisions and concerted practices* are exempt from Article 101(1) TFEU, which bans agreements and concerted practices between companies and groups of companies that may affect trade between Member States and whose purpose is to prevent, restrict or distort competition within the EU’s internal market.

    The Commission may, in particular, adopt such a block exemption regulation in relation to agreements, decisions or concerted practices that concern any of the following:

    • joint planning and coordination of airline schedules;
    • consultation on tariffs for the carriage of passengers, baggage and freight on scheduled air services;
    • joint operations on new, less busy scheduled air services;
    • slot allocation at airports and airport scheduling;
    • the common purchase, development and operation of computer reservation systems relating to timetabling, reservations and ticketing by air transport undertakings.

    Changing circumstances

    Where circumstances have changed concerning any of the factors that prompted its adoption, the act may be repealed or amended. In this case there must be a transitional period to amend the agreements and concerted practices to which the earlier regulation applied before repeal or amendment.

    Limited duration

    Any such block exemption regulation is adopted for a specified period and applies retroactively to agreements, decisions and concerted practices that existed on the date on which the regulation entered into force.

    Information and consultation

    Before adopting a block exemption regulation, the Commission must publish a draft of the proposed regulation and invite all persons and organisations concerned to submit their comments within a reasonable deadline. The Commission must consult the Advisory Committee on Restrictive Practices and Dominant Positions in accordance with Regulation (EC) No 1/2003, once before publishing a draft regulation, and again after the public consultation before adopting the regulation (see summary).

    FROM WHEN DOES THE REGULATION APPLY?

    It has applied since 1 July 2009. Regulation (EC) No 487/2009 codifies and repeals Regulation (EEC) No 3976/87.

    BACKGROUND

    For more information, see:

    KEY TERMS

    Concerted practices. Practices that are anti-competitive, whether a formal agreement has been concluded between the parties or not. They may result from either direct or indirect contact between companies whose intention is either to influence the conduct of the market or to disclose intended future behaviour to competitors.

    MAIN DOCUMENT

    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) (OJ L 148, 11.6.2009, pp. 1–4).

    RELATED DOCUMENTS

    Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 101 (formerly Article 81 TEC) (OJ C 202, 7.6.2016, pp. 88–89).

    Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89 (OJ L 35, 4.2.2009, pp. 47–55).

    Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, pp. 1–25).

    Successive amendments to Regulation (EC) No 1/2003 have been incorporated in the original text. This consolidated version is of documentary value only.

    Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (OJ L 14, 22.1.1993, pp. 1–6).

    See consolidated version.

    last update 08.12.2021

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