15. 1. 91 Official Journal of the European Communities No L 10/7 COMMISSION REGULATION (EEC) No 82/91 of 5 December 1990 on the application of Article 85(3) of the Treaty to certain categories of agreements, decisions and concerted practices concerning ground handling services 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) of the Treaty to certain categories of agreements and concerted practices in the air transport sector ('), as amended by Regulation (EEC) No 2344/90 (¥, and in particular Article 2 thereof, Having published a draft of this Regulation (%), Having consulted the Advisory Committe on Agreements 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, deci- sions and concerted practices relating directly or indirectly to the provision of air transport services. (2)  Agreements, decisions or concerted practices concerning ground handling services provided either by air carriers or specialized enterprises, such as technical and operational ground handling, handling of passengers, mail, freight and baggage, and services for the provision of in-flight catering, are liable in certain circumstances to restrict competition and affect trade between Member States. It is appropriate, in the interests of legal certainty for the undertakings concerned, to define a category of agreements which, although not generally restrictive of competition, may benefit from an exemption in the event that, because of particular economic or legal circumstances, they could fall within the scope of Article 85(1). (3)  Such agreements, decisions or concerted practices may produce economic benefits, in so far as they help to ensure services of a high standard provided with continuity and at reasonable cost, and both () 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. 12. &) ©) © @ ® ® the air carriers and air transport users share in those benefits. However, it is necessary to attach conditions to the exemption of such agreements, decisions and concerted practices to ensure that they do not contain restrictions that are not indispensable for the optimal provision of the services, and that they do not lead to the elimination of competition to provide the services. The exemption granted by the Regulation must therefore be subject to the condition that the agree- ments do not oblige air carriers to obtain the services exclusively from a particular supplier, that the supply of the services is not tied to the conclu- sion of contracts for other goods or services, that each airline is free to choose from the range of services offered by a particular supplier those which best meet its needs, that the rates charged are reasonable for the services actually provided and that air carriers are free to withdraw from the agree- ments without penalty upon simple notice of not more thant three months to that effect. In accordance with Article 4 of Regulation (EEC) No 3976/87, this Regulation should apply with retroactive effect to agreements, decisions and concerted practices in existence on the date of entry into force of this Regulation provided that they meet the conditions for exemption set out in this Regulation. Under Article 7 of Regulation (EEC) No 3976/87, this Regulation should also specify the circum- stances in which the Commission may withdraw the block exemption in individual cases. Agreements, decisions and concerted practices that are ' exempted automatically by this Regulation need not be notified under Council Regulation No 17 (). However, when real doubt exists, underta- kings may request the Commission to declare whether their agreements comply with this Regula- tion. This Regulation is without prejudice to the applica- tion of Articles 86 and 90, in particular in situa- tions where there is no competition for the provi- sion of certain ground handling services at an airport, () OJ No 13, 21. 2. 1962, p. 204/62.