No L 155/18 Official Journal of the European Communities 26. 6. 93 COMMISSION REGULATION (EEC) No 1617/93 of 25 June 1993 ' on the application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on passenger and cargo tariffs 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) of the Treaty to certain categories of agreements and concerted practices in the air transport sector ('), as last amended by Regulation (EEC) No 2411/92(3), and in particular Article 2 thereof, Having published a draft of this Regulation (), 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 concentrated practices relating directly or indirectly to the provision of air transport services. (2)  Agreements, decisions or concerted practices concerning joint planning and coordination of schedules, joint operations, 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 the schedule of an air service can help to ensure the maintenance of services at less busy times of the day, during less “busy periods or on less busy routes, and to develop onward connections, thus benefiting air transport users. However, any clauses concerning extra flights () OJ No L 374, 31. 12. 1987, p. 9. () OJ No L 240, 24. 8. 1992, p. 19. () OJ No C 253, 30. 9. 1992, p. 5. must not require the approval of the other parties or involve financial penalties. The arrangements must also allow parties to withdraw from them at reasonably short notice. (49 Arrangements whereby a smaller airline receives marketing and financial support from another airline may help that smaller airline to operate air services on new or less busy routes. However, in order to avoid restrictions which are not indispen- sable to the attainment of that aim, the duration of such joint operations must be limited to the time necessary to gain sufficient commercial standing. The block exemption must not be granted to joint operations where both parties could reasonably be expected to operate the air service independently. Those conditions are without prejudice to the possibility, in appropriate cases, of an application made under Article 5 of Council Regulation (EEC) No 3975/87 (%), as last amended by Regulation (EEC) No 2410/92 (%), with a view to obtaining an individual exemption where the conditions are not met or where the parties need to extend the dura- tion of the joint operation. In particular where the parties wish to avail themselves, a joint operation, through of the market access opportunities created by Council Regulation (EEC) No 2408/92 (%) on routes which are neither new nor less busy, but which otherwise fulfil the conditions set forth herein, an individual exemption may be warranted. (5)  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 aim of facilitating interlining. Council Regulation (EEC) No 2409/92 of 23 July () OJ No L 374, 31. 12. 1987, p. 1. - () OJ No L 240, 24. 8. 1992, p. 18. () O No L 240, 24. 8. 1992, p. 8.