29. 7. 89 Official Journal of the European Communities No L 220/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 2299/89 , of 24 July 1989 on a code of conduct for computerized reservation systems 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 ('), \ Having regard to the opinion of the European Parliament (%), : Having regard to the opinion of the Economic and Social Committee (%), Whereas the bulk of airline reservations are made through - ¢omputerized reservation systems ; Whereas such systems can, if properly used, provide an important and useful service to air carriers, travel agents and the ‘travelling public- by affording easy access to . up-to-date and accurate information on flights, fares and seat availability, making reservations and, in-some cases, .. issuing tickets -and boarding passes ; - Whereas abuses in the form of denial of access to the systems or discrimination in the provision, loading or display of data or unreasonable conditions imposed on participants or subscribers can seriously disadvantage air carriers, travel agents and ultimately consumers; Whereas this Regulation is. without prejudice to the application of Articles 85 and 86 of the Treaty; Whereas Commission- Regulation (EEC) No-2672/88 (%) exempts for the provisions of Article 85 (1) of ‘the Treaty agreements for the common purchase, development and operation of computerized reservation systems ; Whereas a mandatory code-of conduct applicable to all- computerized reservation systems and/or distribution - () OJ No C 294, 18. 11. 1988, p. 12. %) O] No C 158, 26. 6. 1989. () OJ No C 56, 6. 3. 1989, p. 32. (9 OJ No L 239, 30. 8. 1988, p. 13. facilities. offered for use and/or used in the Community could ' ensure -that such systems are used in a non- discriminatory’ and transparent way, subject to certain safeguards, so avoiding their misuse while reinforcing undistorted competition between air carriers and between computerized reservation systems and. thereby- protecting the interests of consumers ; Whereas it would not be appropriate to impose obligations on a computerized reservation system vendor or on a parent or participating carrier in respect of an air carrier of a third country which, alone or jointly with others, owns and/or controls another such system which does not conform with this code or offer equivalent treatment ; Whereas a complaints investigation and enforcement procedure for non-compliance- with such a code. is desirable, HAS ADOPTED THIS REGULATION : Article 1 This Regulation shall apply to computerized reservation systems (CRSs) when offered for use and/or used-in the territory of the Community for the distribution and sale of air transport products irrespective of : — the status or nationality of the system vendor, — the source of the information used or the location of the relevant central data processing unit, — the geographical location of the air transport product - concerned. Article 2- For :the purpose of this Regulation : (a) ‘aif” transport product’ shall mean a scheduled passenger air service, including any related ancillary services and additional benefits offered for sale and/or sold as an integral part of the air service;