理事会条例(EEC) No 479/92,关于班轮运输公司间某些协议、决定和协商行为,对条约第85(3)条款的应用
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:31992R0479
OJ编号:OJ L 55, 29.2.1992, p. 3-5
中文标题:理事会条例(EEC) No 479/92,关于班轮运输公司间某些协议、决定和协商行为,对条约第85(3)条款的应用
原文标题:Council Regulation (EEC) No 479/92 of 25 February 1992 on the application of Article 85 (3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia)
分类:07.30.10_竞争原则;08.20.20_授权协议,豁免和豁免证明
文件类型:二级立法 Regulation|条例
生效日期:1992-03-01
废止日期:2009-04-14
法规全文:查看欧盟官方文件
31992R0479
Title and reference
Council Regulation (EEC) No 479/92 of 25 February 1992 on the application of Article 85 (3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia)
?OJ L 55, 29.2.1992, p. 3–5 (ES, DA, DE, EL, EN, FR, IT, NL, PT)
?Finnish special edition: Chapter 8 Volume 2 P. 0008
?Swedish special edition: Chapter 8 Volume 2 P. 0008
?Special edition in Czech Chapter 07 Volume 001 P. 356 - 358
?Special edition in Estonian Chapter 07 Volume 001 P. 356 - 358
?Special edition in Hungarian Chapter 07 Volume 001 P. 356 - 358
?Special edition in Lithuanian Chapter 07 Volume 001 P. 356 - 358
?Special edition in Latvian Chapter 07 Volume 001 P. 356 - 358
?Special edition in Maltese Chapter 07 Volume 001 P. 356 - 358
?Special edition in Polish Chapter 07 Volume 001 P. 356 - 358
?Special edition in Slovakian Chapter 07 Volume 001 P. 356 - 358
?Special edition in Slovenian Chapter 07 Volume 001 P. 356 - 358
?DA?DE?EL?EN?ES?FR?IT?NL?PT
Text
| BG | ES | CS | DA | DE | ET | EL | EN | FR | GA | IT | LV | LT | HU | MT | NL | PL | PT | RO | SK | SL | FI | SV |
| html | html | html | html | html | html | html | html | html | ? | html | html | html | html | html | html | html | html | ? | html | html | html | html |
| ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | ? | |||||||||||
| tiff | tiff | tiff | tiff | tiff | tiff | tiff | tiff | tiff |
Dates
- of document: 25/02/1992
of effect: 01/03/1992; Entry into force Date pub. + 1 See Art 7
end of validity: 14/04/2009; Repealed by 32009R0246
Classifications
- EUROVOC descriptor:
competition
maritime law
restrictive trade practice
maritime transport
price agreement - Directory code:
07.30.10.00 Transport policy / Shipping / Competition rules
08.20.20.00 Competition policy / Restrictive practices / Authorised agreements, exemptions and negative clearances
- Subject matter:
Competition, Rules applying to undertakings, Transport
Miscellaneous information
- Author:
Council - Form:
Regulation - Internal reference:
COM/90/0260-2
Relationship between documents
- Treaty:
European Economic Community - Legal basis:
11957E087
- Select all documents based on this document
- Amendment to:
51990PC0260 Adoption
- Amended by:
Amended by 11994NN01/03/A Addition Article 3BIS from 01/01/1995
Amended by 32003R0001 Replacement Article 5 from 01/05/2004
Amended by 32003R0001 Repeal Article 6 from 01/05/2004
Repealed by 32009R0246
- Consolidated versions
1995-01-01
2004-05-01
- Subsequent related instruments:
Amendment proposed by 52000PC0582 Repeal
Amendment proposed by 52007PC0753 Repeal
- Instruments cited:
31986R4056
- Select all documents mentioning this document
Text
| Bilingual display: BG CS DA DE EL EN ES ET FI FR HU IT LT LV MT NL PL PT RO SK SL SV |
COUNCIL REGULATION (EEC) No 479/92 of 25 February 1992 on the application of Article 85 (3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia)
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 Article 85 (1) of the Treaty may in accordance with Article 85 (3) thereof be declared inapplicable to categories of agreements, decisions and concerted practices which fulfil the conditions contained in Article 85 (3);
Whereas, pursuant to Article 87 of the Treaty, the provisions for the application of Article 85 (3) of the Treaty should be adopted by way of Regulation; whereas, according to Article 87 (2) (b), such a Regulation must lay down detailed rules for the application of Article 85 (3), taking into account the need to ensure effective supervision, on the one hand, and to simplify administration to the greatest possible extent on the other; whereas, according to Article 87 (2) (d), such a Regulation is required to define the respective functions of the Commission and of the Court of Justice;
Whereas liner shipping is a capital intensive industry; whereas containerization has increased pressures for cooperation and rationalization; whereas the Community shipping industry needs to attain the necessary economies of scale in order to compete successfully on the world liner shipping market;
Whereas joint-service agreements between liner shipping companies with the aim of rationalizing their operations by means of technical, operational and/or commercial arrangements (described in shipping circles as consortia) can help to provide the necessary means for improving the productivity of liner shipping services and promoting technical and economic progress;
Having regard to the importance of maritime transport for the development of the Community's trade and the role which consortia agreements can fulfil in this respect, taking account of the special features of international liner shipping;
Whereas the legalization of these agreements is a measure which can make a positive contribution to improving the competitiveness of shipping in the Community;
Whereas users of the shipping services offered by consortia can obtain a share of the benefits resulting from the improvements in productivity and service, by means of, inter alia, regularity, cost reductions derived from higher levels of capacity utilization, and better service quality stemming from improved vessels and equipment;
Whereas the Commission should be enabled to declare by way of Regulation that the provisions of Article 85 (1) of the Treaty do not apply to certain categories of consortia agreements, decisions and concerted practices, in order to make it easier for undertakings to cooperate in ways which are economically desirable and without adverse effect from the point of view of competition policy;
Whereas the Commission, in close and constant liaison with the competent authorities of the Member States, should be able to define precisely the scope of these exemptions and the conditions attached to them;
Whereas consortia in liner shipping are a specialized and complex type of joint venture; whereas there is a great variety of different consortia agreements operating in different circumstances; whereas the scope, parties, activities or terms of consortia are frequently altered; whereas the Commission should therefore be given the responsibility of defining from time to time the consortia to which a group exemption should apply;
Whereas, in order to ensure that all the conditions of Article 85 (3) of the Treaty are met, conditions should be attached to group exemptions to ensure in particular that a fair share of the benefits will be passed on to shippers and that competition is not eliminated;
Whereas pursuant to Article 11 (4) of Council Regulation (EEC) No 4056/86 of 22 December 1986 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport (4) the Commission may provide that a decision taken in accordance with Article 85 (3) of the Treaty shall apply with retroactive effect; whereas it is desirable that the Commission be empowered to adopt, by Regulation, provisions to that effect;
Whereas notification of agreements, decisions and concerted practices falling within the scope of this Regulation must not be made compulsory, it being primarily the responsibility of undertakings to see to it that they conform to the rules on competition, and in particular to the conditions laid down by the subsequent Commission Regulation implementing this Regulation;
Whereas there can be no exemption if the conditions set out in Article 85 (3) of the Treaty are not satisfied; whereas the Commission should therefore have power to take the appropriate measures where an agreement proves to have effects incompatible with Article 85 (3) of the Treaty; whereas the Commission should be able first to address recommendations to the parties and then to take decisions,
HAS ADOPTED THIS REGULATION:
Article 1
1. Without prejudice to the application of Regulation (EEC) No 4056/86, the Commission may by regulation and in accordance with Article 85 (3) of the Treaty, declare that Article 85 (1) of the Treaty shall not apply to certain categories of agreements between undertakings, decisions of associations of undertakings and concerted practices that have as an object to promote or establish cooperation in the joint operation of maritime transport services between liner shipping companies, for the purpose of rationalizing their operations by means of technical, operational and/or commercial arrangements - with the exception of price fixing (consortia).
2. Such regulation adopted pursuant to paragraph 1 shall define the categories of agreements, decisions and concerted practices to which it applies and shall specify the conditions and obligations under which, pursuant to Article 85 (3) of the Treaty, they shall be considered exempted from the application of Article 85 (1) of the Treaty.
Article 2
1. The regulation adopted pursuant to Article 1 shall apply for a period of five years, calculated as from the date of its entry into force.
2. It may be repealed or amended where circumstances have changed with respect to any of the facts which were basic to its adoption.
Article 3
The regulation adopted pursuant to Article 1 may include a provision stating that it applies with retroactive effect to agreements, decisions and concerted practices which were in existence at the date of entry into force of such regulation, provided they comply with the conditions established in that regulation.
Article 4
Before adopting its regulation, the Commission shall publish a draft thereof to enable all the persons and organizations concerned to submit their comments within such reasonable time limit as the Commission shall fix, but in no case less than one month.
Article 5
1. Before publishing the draft regulation and before adopting the regulation, the Commission shall consult the Advisory Committee on Agreements and Dominant Positions in Maritime Transport established by Article 15 (3) of Regulation (EEC) No 4056/86.
2. Paragraphs 5 and 6 of Article 15 of Regulation (EEC) No 4056/86 relating to consultation with the Advisory Committee, shall apply, it being understood that joint meetings with the Commission shall take place not earlier than one month after dispatch of the notice convening them.
Article 6
1. Where the persons concerned are in breach of a condition or obligation attaching to an exemption granted by the Regulation adopted pursuant to Article 1, the Commission may, in order to put an end to such a breach:
- address recommendations to the persons concerned, and
- in the event of failure by such persons to observe those recommendations, and depending on the gravity of the breach concerned, adopt a decision that either prohibits them from carrying out, or requires them to perform specific acts or, while withdrawing the benefit of the group exemption which they enjoyed, grants them an individual exemption in accordance with Article 11 (4) of Regulation (EEC) No 4056/86, or withdraws the benefit of the group exemption which they enjoyed.
2. Where the Commission, either on its own initiative or at the request of a Member State or of natural or legal persons claiming a legitimate interest, finds that in a particular case an agreement, decision or concerted practice to which the group exemption granted by the Regulation adopted pursuant to Article 1 applies, nevertheless has effects which are incompatible with Article 85 (3) of the Treaty or with the prohibition laid down in Article 86 of the Treaty, it may withdraw the benefit of the group exemption from those agreements, decisions or concerted practices and take all appropriate measures for the purpose of bringing these infringements to an end, pursuant to Article 13 of Regulation (EEC) No 4056/86.
3. Before taking a decision under paragraph 2, the Commission may address recommendations for termination of the infringement to the persons concerned.
Article 7
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 February 1992. For the Council
The President
Vitor MARTINS
(1) OJ No C 167, 10. 7. 1990, p. 9. (2) OJ No C 305, 25. 11. 1991, p. 39. (3) OJ No C 69, 18. 3. 1991, p. 16. (4) OJ No L 378, 31. 12. 1986, p. 4.
| Top |
托管标准,您可以接收以下服务:
1 标准定期系统查新,若有最新版本,会以站内短信或邮件的形式通知用户;
2 随时在标准托管页面中查看到该条标准的最新状态;
3 若用户有在学习和科研中的需要,可以在标准托管页面中试阅标准;
4 企业如果需要上新产品,我院及时提供标准查询、采购等方面的支持;
5 为企业在标准制修订、企业良好行为创建以及标准化试点过程中遇到的困难,可联系我院指定相关专家负责进行指导帮助、提供政策咨询;
6 为企业提供标准化政策的解读、标准化知识的推广培训、标准自我公开声明、标准文献的免费查询、企业标准化体系建设等方面的标准化服务;
标准资讯点击排行榜 全部
资讯标题点击
[[ n.title ]] [[ n.read ]]大连标准化公共服务平台
版权:大连标准化研究院有限公司
地址:大连市中山区高原街56号
电话:0411-82740851