No L 10/14 Official Journal of the European Communities 15. 1. 91 COMMISSION REGULATION (EEC) No 84/91 of 5§ December 1990 on the application of Article 85 (3) of the Treaty to certain categories of agreements, decisions and concerted practices concerning joint planning and coordination of capacity, consultations on passenger and cargo tariffs rates on scheduled air services and slot allocation at airports THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3976/87 of 14 December 1987 on the application of Article 85 (3) to certain categories of agreements, decisions and concerted practices in the air transport sector ('), - as amended by Regulation (EEC) No 2344/90 (3, and in particular Article 2 thereof, ‘ Having published a draft of this Regulation (3, Having consulted the Advisory Committee on Agree- ments and Dominant Positions in Air Transport, Whereas : (1)  Regulation (EEC) No 3976/87 empowers the , Commission to apply Article 85 (3) of the Treaty by regulation to certain categories of agreements, decisions or concerted practices relating directly or indirectly to the provision of air transport services. ()  Agreements, decisions or concerted practices concerning joint planning and coordination of capacity, consultations on tariffs and slot allocation at airports are liable to restrict competition and affect trade between Member States. (3)  Joint planning and coordination of capacity can help ensure the maintenance of services at less busy times of the day, during less busy periods or on less busy routes, and the development of onwards connections thus benefitting air transport () OJ No L 374, 31. 12. 1987, p. 9. () OJ No L 217, 11. 8. 1990, p. 15. () OJ No C 211, 24. 8. 1990, p. 2. users. However, no air carrier should be bound by the results of such planning and coordination but must be free to change its planned services unilate- rally. Nor must the planning and coordination prevent carriers deploying extra capacity. Any clauses concerning extra flights must not require the approval of the other parties or involve finan- cial penalties. These arrangements must also allow parties to withdraw from them at reasonably short notice. (4)  Consultations on passenger and cargo tariffs may contribute to the generalized acceptance of interli- nable fares and rates to the benefit of air carriers as well as air transport users. However, consultations must not exceed the lawful purpose of facilitating interlining. Council Regulation (EEC) No 2342/90 of 24 July 1990 on fares for scheduled air services between Member States () and the proposed Council Regulation on the operation of scheduled air cargo services between Member States (%) are a step towards the increase of price competition in air transport and restrict the possibility of innova- tive and competitive passenger fares and cargo rates being blocked. Hence, competition may not be eliminated under these arrangements. Consulta- tions on passenger and cargo tariffs between air carriers may therefore be permitted for the present time, provided that the participation in such consultations in optional, that they do not lead to an agreement in respect of fares, rates or related conditions, that in the interests of transparency the Commission and the Member States concerned can send observers to them, and that air carriers partici- pating in the consultation mechanism are obliged to interline with all other carriers concerned, at their own tariffs for the tariff category being discussed ; Where the air carrier wishing to benefit from the obligation to interline applies different tariffs from the airline which effects carriage, it may for that purpose file matching tariffs under Article 3 (5) of Regulation (EEC) No 2342/90. (9 OJ No L 217, 11. 8. 1990, p. 1. () OJ No C 88, 6. 4. 1990, p. 7.