25.3.2009 Official Journal of the European Union L 791 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS 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) THE COUNCIL OF THE EUROPEAN UNION, 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), Whereas: Council Regulation (EEC) No 479/92 of 25 February 1992 on the application of Article 85(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia) (*) has been substantially amended several times (). In the interests of clarity and rationality the said Regulation should be codified. Article 81(1) of the Treaty may in accordance with Article 81(3) thereof be declared inapplicable to cat- egories of agreements, decisions and concerted practices which fulfil the conditions contained in Article 81(3). (') Opinion of the European Parliament of 23 April 2008 (not yet published in the Official Journal). () OJ L 55, 29.2.1992, p. 3. (%) See Annex L. G) S ©) Pursuant to Article 83 of the Treaty, the provisions for the application of Article 81(3) of the Treaty should be adopted by way of Regulation or Directive. According to Article 83(2)(b), these provisions must lay down detailed rules for the application of Article 81(3), taking into account the need to ensure effective supervision, on the one hand, and to simplify administration to the greatest possible extent on the other. According to Article 83(2)(d), these provisions are required to define the respective functions of the Commission and of the Court of Justice. Liner shipping is a capital intensive industry. Container- isation has increased pressures for cooperation and rationalisation. The Community shipping industry should attain the necessary economies of scale in order to compete successfully on the world liner shipping market. Joint-service  agreements between liner  shipping companies with the aim of rationalising their operations by means of technical, operational andfor commercial arrangements (described in shipping circles as consortia) can help to provide the necessary means for improving the productivity of liner shipping services and promoting technical and economic progress. Maritime transport is important for the development of the Community’s trade and the consortia agreements may play a role in this respect, taking account of the special features of international liner shipping. The legalisation of these agreements is a measure which can make a positive contribution to improving the competi- tiveness of shipping in the Community;