Legislation (Transport)

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Air transport

Antitrust legislation

Council Regulations

• Council Regulation 1/2003 applies to all air transport services, including on routes between the EU and third countries. The latter was achieved through the adoption of Council Regulation 411/2004 on 26 February 2004, (Official Journal L 68, 6.3.2004, p. 1-2).
• Council Regulation (EC) No 487/2009 of 25 May 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector (Codified version) (Official Journal L 148, 11.6.2009)

Commission Regulations

Commission antitrust regulations specific to air transport have been gradually repealed, no such regulation is in force today. General antitrust regulations are however applicable.

Commission Notices and Communications

General notices and communications on antitrust are applicable. There are no notices or communications specific to antitrust in the air transport sector.

International relations

Among the acts relevant to international relations in the air transport sector, reference can be made to the following:

• Open Skies Agreement concluded between the EU and the US
• Air Service Agreements
  • agreements concluded by Member States
  • agreements concluded or being negotiated by the EU
• Communication from the Commission on the consequences of the Court judgements of 5 November 2002 for European air transport policy (Open Skies judgements).COM(2002) 0649 final, 19.12.2002

State aid legislation

Commission Communication

• Guidelines on State aid to airports and airlines
  OJ C 99, 4.4.2014, p. 3.

Coronavirus

• Overview of the State aid rules and public service obligations rules applicable to the transport sector during the coronavirus outbreak

General legislation

There are a large number of regulations and directives governing the air transport sector. The following list includes only links to those that are related to the internal market or to the international regulatory framework. More information is available on the air transport website.

• Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast)
• Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports, Consolidated version and Communication of the Commission on the application of Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports, as amended, COM(2008) 227 final, 30.04.2008
• Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (Text with EEA relevance) - Commission Statement
• Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents
• Council Directive 96/67/EC of 15 October 1996 on access to the ground handling market at Community airports
• Council and Parliament Regulation (EC) No 80/2009 of 14 January 2009 on a code of conduct for computerized reservation systems
• Regulation (EC) no 847/2004 of the European Parliament and of the Council of 29 April 2004 on the negotiation and implementation of air service agreements between Member States and third countries

Maritime transport

Antitrust legislation

Council Regulation

• Council Regulation (EC) No 1/2003 applies to all maritime transport services, including to cabotage and international tramp services. The latter was achieved through the adoption of Council Regulation (EC) No 1419/2006 of 25 September 2006 repealing Regulation (EEC) No 4056/86
• Council Regulation (EC) No 246/2009 of 26 February 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia) (Codified version), OJ L 79, 25.3.2009, p. 1.

Commission regulations

• Commission Regulation (EC) No 906/2009 of 28 September 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia).
• Commission Regulation (EU) No 697/2014 of 24 June 2014 amending Regulation (EC) No 906/2009 as regards its period of application.
• Commission Regulation (EU) 2020/436 of 24 March 2020 amending Regulation (EC) No 906/2009 as regards its period of application.

Commission communication

• Communication to the Commission C(2023)6700 - Expiry of Commission Regulation (EC) No 906/2009 of 28 September 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia)

State aid legislation

Commission communications

• Communication from the Commission — Updating the Annex to Commission Communication C(2004) 43 — Community guidelines on State aid to maritime transport
  OJ C120, 13.04.2017, p. 10-11
• Communication from the Commission providing guidance on State aid to ship-management companies
  OJ C 132, 11.06.2009, p. 6
• Communication from the Commission providing guidance on State aid complementary to Community funding for the launching of the motorways of the sea
  OJ C 317, 12.12.2008, p. 10
• Commission Communication C(2004) 43 - Community guidelines on State aid to maritime transport
  OJ C 013, 17.01.2004, p.3

General legislation

There are a large number of regulations and directives governing the maritime transport sector. The following list includes only links to some of those. For more information please refer to the maritime transport website.

• Council Regulation (EEC)No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries (consolidated version)
• Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide sevices to maritime transport within Member States (maritime cabotage) - interpretative communication to the regulation

Rail, road and inland waterways transport

Antitrust legislation

• Council Regulation (EC) No 1/2003, which sets out the general antitrust procedural framework, applies to transport by rail, road and inland waterways.
• Council Regulation (EC) No 169/2009 of 26 February 2009 applying rules of competition to transport by rail, road and inland waterway (Codified version)
• Council Regulation (EEC) No 1017/68 applying rules of competition to transport by rail, road and inland waterway. Consolidated version.
  Only Article 13(3) of that Regulation continues to apply to the extent specified in Article 4(1) of Regulation (EC) No 169/2009 mentioned above.

State aid legislation

Regulation

• Regulation (EU) 2016/2338 of the European Parliament and of the Council of 14 December 2016 amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail (Text with EEA relevance)
  OJ L 354, 23.12.2016, p. 22–31
• Communication from the Commission on interpretative guidelines concerning Regulation (EC) No 1370/2007 on public passenger transport services by rail and by road 
  OJ C 92 of 29.03.2014, p. 1-21

Community guidelines on State aid for railway undertakings

• Communication from the Commission - Community guidelines on State aid for railway undertakings
  OJ C184 of 22/07/2008, p. 13

General legislation on rail transport

There are a large number of regulations and directives governing the rail transport sector. The following list includes only links to some of those. More information is available on the rail transport website.

• Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways, (consolidated version)
• Directive 95/18 of 19 June 1995, on the licensing of railway undertakings (consolidated version)
• Directive 2001/14 of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (consolidated version)
• Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways (Railway Safety Directive, consolidated version)
• Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (Recast). (consolidated version)
• Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road.
• Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations.

General legislation on road transport

There are a large number of regulations and directives governing the road transport sector. The following list includes only links to some of those. More information is available on the road transport website.

• Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market.
• Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road.
• Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (consolidated version)
• Council Regulation (EC) No 12/98 of 11 December 1997 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State.
• Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006

General legislation on inland waterways transport

There are a large number of regulations and directives governing the inland waterway transport sector. The following list includes only links to some of those. More information is available on the inland waterways transport website.

• Council Directive 96/75/EC of 19 November 1996 on the systems of chartering and pricing in national and international inland waterway transport in the Community (consolidated version)
• Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community-fleet capacity policy to promote inland waterway transport
• Commission Regulation (EC) No 181/2008 of 28 February 2008 laying down certain measures for implementing Council Regulation (EC) No 718/1999 on a Community fleet capacity policy to promote inland waterway transport (Codified version)
• Council Regulation (EC) No 1101/89 of 27 April 1989 on structural improvements in inland waterway transport (consolidated version)
• Council Regulation (EEC) No 1191/69 of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway (consolidated version)
• Council Regulation (EC) No 1356/96 of 8 July 1996 on common rules applicable to the transport of goods or passengers by inland waterway between Member States with a view to establishing freedom to provide such transport services.

Infrastructure

Antitrust and general legislation

Commission notices and guidelines

Clarification of the Commission recommendations on the application of the competition rules to new transport infrastructure projects. Official Journal C 298 , 30.09.1997 p. 5-9

General legislation applicable to the transport infrastructure

Legislation governing transport infrastructure can be found on the Transport website of the Commission. Among those more relevant to competition, reference can be made to the following:

• Council Directive 96/67/EC of 15/10/1996 on access to the groundhandling market at Community airports, OJ L 272, 25.10.1996, p. 36. Consolidated version
• Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges. OJ L 70, 14.3.2009, p. 11–16