No L 353/32 Official Journal of the European Communities 3.12. 92 COMMISSION COMMISSION DECISION of 21 October 1992 examining, by virtue of Article 10 (4) of Council Regulation (EEC) No 2343/90 the application of Article 10 (3) of the same Regulation to the increase of frequencies on existing services on the route London (Heathrow)-Brussels {Only the English, French and Dutch texts are authentic) (92/552/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2343/90 of 24 July 1990 on access for air carriers to scheduled intra-Community air service routes and on the sharing of passenger capacity between air carriers on scheduled air services between Member States (), and in particular Article 10 (4) thereof, Having regard to the requests of the Belgian Government, Having given notice to the Member States involved to submit their comments, Whereas : (1) By letters of 27 and 31 August and of 2 September 1992, respectively registered by the Commission on 3 and 4 September 1992, the Belgian authorities, under the provisions of Article 10 (4) of Regulation (EEC) No 2343/90 (hereinafter referred to as the Regulation), requested the Commission to examine the application of Article 10 (3) of the same Regu- lation and specifically : (a) to decide, that the Belgian authorities can refuse to increase the frequency of flights requested by British Midland for the route London (Heathrow)-Brussels-London  (Heathrow), as long as Sabena is not authorized to increase, as () OJ No L 217, 11. 8. 1990, p. 8. @ requested, the frequency of its service on the same route ; to this end, to consider that Article 10 (3) of the Regulation includes a reciprocity clause implying on a teleological basis, a fortiori, that a Member State (in this case Belgium) may take countermeasures against the company at the origin of the discrimination (British Midland), and not authorize the air transport company of the other Member State to operate the requested additional flights; (b) to rule immediately that the United Kingdom authorities are in contravention of the Regula- tion by refusing to act on the basis of Article 10 (3), and consequently to take all necessary measures to remedy such contravention or, more precisely, to oblige the United Kingdom authorities to apply the measure foreseen in Article 10 (3); (c) in the event that the Commission fails to have this measure applied by the United Kingdom authorities, to authorize the Belgian authorities to take the measure foreseen in Article 10 (3) in order to limit the damage and guarantee the realization of the objectives of the same Article. Further to these letters, the Commission by letters of 8 and 14 September 1992 informed the United Kingdom authorities of the Belgian authorities’ position and asked them to submit their comments, tc enable the Commission to take the requested decision, within the one-month delay provided by the above Regulation. By letters of 15 and 18 September 1992, registered by the Commission on 16 and 21 September 1992 respectively, the Permanent Representation of the