8. 2. 91 Official Journal of the European Communities No L 36/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 294/91 of 4 February 1991 on the operation of air cargo services between Member States 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 (3), Having regard to the opinion of the Economic and Social Committee (3), Whereas it is important to adopt measures with the aim of progressively establishing the internal market during the period expiring on 31 December 1992, as provided for in Article 8a of the Treaty; whereas the internal " market must comprise a territory without internal fron- tiers in which the free movement of goods, persons, services and capital is ensured; Whereas arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers for Foreign Affairs of the two countries and such arrange- ments have yet to come into operation ; Whereas Regulation (EEC) No 2343/90 (*) provides for the liberalization of air cargo services operated in combina- tion with passenger services; Whereas it is appropriate that all-cargo air services should also be liberalized ; Whereas this Regulation is without prejudice to the appli- cation of Articles 85 and 86 of the Treaty; Whereas the air cargo industry still encounters national barriers which hamper the free movement of goods by air; whereas increased market access possibilities will (') OJ No C 88, 6.4.1990, p. 7 and OJ No C 9, 15. 1. 1991, p. 4. () OJ No C 295, 26. 11. 1990, p. 694. () OJ No C 182, 23. 7. 1990, p. 8. () OJ No L 217, 11. 8. 1990, p. 8. stimulate the development of the Community air trans- port sector and give rise to improved services for users ; Whereas certain Member States depend heavily on air cargo services for their connections with the rest of the Community ; whereas the movement of air cargo is an essential element for trade; Whereas, as a result, it is important to remove the barriers which currently hinder access to the market for air cargo services ; Whereas it is desirable as a first stage to increase the market possibilities for air cargo services between Member States ; Whereas common rules on the granting of operating licences should be drawn up and adopted by the Council no later than 1 July 1992; : Whereas, taking into account airport infrastructure and navigational aids, it is necessary to include certain limita- tions concerning the exercise of traffic rights; - Whereas the communication of all standard cargo rates Creates more transparency in the market place; Whereas, in order to be better able to compete, air cargo carriers need flexibility in setting cargo rates, HAS ADOPTED THIS REGULATION : Scope and definition Article 1 1. This Regulation concerns : (a) access to the market for the operation of air cargo services between Member States by Community air cargo carriers ; (b) air cargo rates between Member States.