24.8.92 Official Journal of the European Communities No L 240/15 COUNCIL REGULATION (EEC) No 2409/92 of 23 July 1992 on fares and rates for air services THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) 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 it is important to establish an air transport policy for the internal market over a period expiring on 31 December 1992 as provided for in Article 8a of the Treaty; Whereas the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; Whereas Council Decision 87/601/EEC of 14 December 1987 on fares for scheduled air services between Member States (4) and Council Regulation (EEC) No 2342/90 of 24 July 1990 on fares for scheduled air services (¥) constitute the first steps towards achieving the internal market in respect of air fares; - Whereas air fares should normally be determined freely by market forces; Whereas it is appropriate to complement price freedom with adequate safeguards for the interests of consumers and industry; Whereas it is appropriate to deal with all matters of pricing in the same Regulation; Whereas this Regulation replaces Regulation (EEC) No 2342/90 and partially replaces Council Regulation (EEC) No 294/91 of 4 February 1991 on the operation of air cargo services between Member States (), (1) O] No C 258, 4. 10. 1991, p. 2. (2) O] No C 125, 18. 5. 1992, p. 150. (3) O] No C 169, 6. 7. 1992, p. 15. (4) O] No L 374, 31. 12, 1987, p. 12. (5) O] No L 217, 11. 8. 1990, p. 1. (6) O] No L 36, 8. 2, 1991, p. 1. HAS ADOPTED THIS REGULATION: Article 1 1. This Regulation concerns the criteria and procedures to be applied for the establishment of fares and rates on air services for carriage wholly within the Community. 2. Without prejudice to paragraph 3, this Regulation shall not apply: (a) to fares and rates charged by air carriers other than Community air carriers; ) (b) to fares and rates established by public service obligation, in accordance with Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (7). 3. Only Community air carriers shall be entitled to introduce new products or lower fares than the ones existing for identical products. Article 2 For the purposes of this Regulation: (a) ‘air fares’ means the prices expressed in ecus or in local currency to be paid by passengers to air carriers or their agents for the carriage of them and for the carriage of their baggage on air services and any conditions under which those prices apply, including remuneration and conditions offered to agency and other auxiliary services; (b) ‘seat rates’ means the prices expressed in ecus or in local currency to be paid by charterers to air carriers for the carriage on air services of the charterer or its customers and their baggage and any conditions under which those prices apply, including remuneration and conditions offered to agency and other auxiliary services; (c) ‘charter fares’ means the prices expressed in ecus or in local currency to be paid by passengers to charterers for services which constitute or include their carriage and the carriage of their baggage on air services and any conditions under which those prices apply, including remuneration and conditions offered to agency or other auxiliary services; (7) See page 8 of this Official Journal.