5.3.2009 Official Journal of the European Union L 61/1 | (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 169/2009 of 26 February 2009 applying rules of competition to transport by rail, road and inland waterway (Codified version) (Text with EEA relevance) THE COUNCIL OF THE EUROPEAN UNION, (3) Having regard to the Treaty establishing the European Community, and in particular Article 83 thereof, Having regard to the proposal from the Commission, ©) Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the European Economic and Social Committee (2), Whereas: (1) Regulation (EEC) No 1017/68 of the Council of 19 July 1968 applying rules of competition to transport by rail, road and inland waterway (°) has been substantially amended several times (¥. In the interests of clarity and rationality the said Regulation should be codified. (20 Rules of competition for transport by rail, road and inland waterway are part of the common transport policy and of general economic policy. () O] C 219 E, 28.8.2008, p. 67. () O] C 161, 13.7.2007, p. 100. () O] L 175, 23.7.1968, p. 1. (*) See Annex L. Rules of competition for those sectors should take account of the distinctive features of transport. Since the rules of competition for transport derogate from the general rules of competition, it should be made possible for undertakings to ascertain what rules apply in any particular case. The system of rules on competition for transport should apply equally to the joint financing or acquisition of transport equipment for the joint operation of services by certain groupings of undertakings, and also to certain operations in connection with transport by rail, road or inland waterway of providers of services ancillary to transport. In order to ensure that trade between Member States is not affected or competition within the internal market distorted, it is necessary to prohibit in principle for the three modes of transport specified above all agreements between undertakings, decisions of associations of under- takings and concerted practices between undertakings and all instances of abuse of a dominant position within the internal market which could have such effects. Certain types of agreement, decision and concerted practice in the transport sector the object and effect of which is merely to apply technical improvements or to achieve technical cooperation may be exempted from the prohibition on restrictive agreements since they contribute to improving productivity. In the light of experience following application of this Regulation, the Council may, on a proposal from the Commission, amend the list of such types of agreement.