29. 2. 92 Official Journal of the European Communities No L 55/3 COUNCIL REGULATION (EEC) No 479/52 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 ('), Having regard to the opinion of the European Par- liament (%), Having regard to the opinion of the Economic and Social Committee (%), 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 prac- tices which fulfil the conditions contained in Article 85(3); Whereas, pursuant to Article 87 of the Treaty, the provi- sions for the application of Article 85 (3) of the Treaty should be adopted by way of Regulation; whereas, ac- cording 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 supervi- sion, on the one hand, and to simplify administration to the greatest possible extent on the other; whereas, ac- cording 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 () OJ No C 167, 10. 7. 1990, p. 9. () OJ No C 305, 25. 11. 1991, p. 39. () OJ No C 69, 18. 3. 1991, p. 16. 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 rthe 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 poin: 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, activi- ties or terms of consortia are frequently altered ; whereas the Commission should therefore be given the responsibi- lity 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 Atticle 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