16. 9. 91 Official Journal of the European Communities No L 258/29 COMMISSION DECISION of 30 July 1991 relating to a proceeding pursuant to Article 85 of the EEC Treaty (Case No IV/32.792 — IATA cargo agency programme) (91/481/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, having regard to Council Regulation No 17 of 6 February 1962, first Regulation implementing Articles 85 and 86 of the Treaty (1) as last amended by the Act of Accession of Spain and Portugal, and in particular, Articles 6 and 8 thereof, Having regard to the application for negative clearance and the notifications for exemption, submitted pursuant to Articles .2 and 4 of Regulation No 17 on 7 July 1988, 2 October 1989 and 17 April 1990, concerning certain resolutions of IATA regarding cargo agencies. Having regard to the summary of the application and notification published (2) pursuant to Article 19 (3) of Regulation No 17, After consultation with the Advisory Committee for Restrictive Practices and Dominant Positions, Whereas I. THE FACTS A. Subject of the Decision (1) This Decision to the following IATA resolutions dealing with cargo agencies: — resolution 805:  IATA cargo agency distribution  system rules, Europe, — resolution 805d: agency commissioner, — resolution 805e: Conduct of review by agency commissioner, (‘the Resolution 805 series’). B. The undertakings: IATA and its membership (2) IATA is an association of enterprises composed of 189 member air carriers, it was founded at the International Air Transport Operators Conference at Havana, Cuba, in April 1945. : (1) OJ No 13, 21. 2. 1962, p. 204/62. (2) OJ No C 320, 20. 12. 1990, p. 4. (3) Members of IATA are classified as active or associate. Any air transport enterprise operating an air service between the territories of two or more States is eligible for membership as an active member. (4) The undertakings are the 154 active member airlines participating in the IATA Cargo Agency Conference (Caconf). 35 IATA associate member airlines (3) do not offer international scheduled services nor participate in the Caconf. The arrangements, however, affect them because they comply with them. C. The product: air freight agency services (5) The IATA resolutions, subject of this Decision, concern air freight cargo agency services, or the sale of air freight transportation through intermediaries. D. The Market (6) According to IATA the global operating revenues for scheduled international cargo services of all IATA member airlines in 1989, were approximately US $ 12 500 million, out of total revenues for all services (passenger, cargo, mail and other) of about US $§ 70 700 million. The individual members’ total turnovers (passenger, cargo, mail and other) range from US $ 1,5 million to US $ 9 960 million. According to the Association of European Airlines (AEA) Yearbook Statistical Appendices for 1988, the total revenues of AEA airlines based in the Community (4) coming from international cargo traffic amounted to US $ 4 899 million. (7) All IATA member airlines use the cargo agency programme for their sales. IATA accredited cargo agents, which number approximately 1 000 in the (3) See Annex for IATA Active and Associate Members. (4) Community Carriers in AEA comprise Aer Lingus, Air France, Alitalia, 'British Airways, Iberia, KLM, Lufthansa, Luxair, Olympic, Sabena, SAS, TAP and UTA.