11. 11. 93 Official Journal of the European Communities No L 278/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 3089/93 of 29 October 1993 amending Regulation (EEC) No 2299/89 on a code of conduct for computerized reservation systems 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 Par- liament (3), Having regard to the opinion of the Economic and Social Committee (%), Whereas Regulation (EEC) No 2299/89 (*) constitutes a significant step towards the achievement of undistorted competition between air carriers and between computer reservation systems, thereby protecting the interests of consumers ; Whereas it is necessary to extend the scope of Regulation (EEC) No 2299/89 and to clarify its provisions and it is appropriate to take these measures at Community level to ensure that the objectives of the Regulation are met in all Member States ; Whereas this Regulation is without prejudice to the appli- cation of Articles 85 and 86 of the Treaty; Whereas Commission Regulation (EEC) No 83/91 () exempts agreements for the common purchase develop- ment and operation of computer reservation systems from the provisions of Article 85 (1) of the Treaty; Whereas non-scheduled air services are of major impor- tance in the territory of the Community; () OJ No C 56, 26. 2. 1993, p. 28. (» OJ No C 176, 28. 6. 1993, p. 65. ) OJ No C 108, 19. 4. 1993, p. 16. () OJ No L 220, 29. 7. 1989, p. 1. () OJ No L 10, 15. 1. 1991, p. 9. Regulation last amended by Regulation (EEC) No 1618/93 (O] No L 155, 26 6. 1993, p. 23). Whereas the bulk of these journeys are package tours or bundled products, with air transport forming only one element of the whole product; Whereas, in principle, ‘seat-only’ or unbundled products on non-scheduled air services compete directly with air transport products offered on scheduled services ; Whereas it is desirable to treat like products equally and to ensure fair competition between both kinds of air transport products and the neutral dissemination of infor- mation to the consumer; Whereas it is appropriate to deal with all matters of use of computer reservation systems for all kinds of air transport products in the same Council Regulation ; Whereas consumers looking for different products should be given the possibility to request displays for only sche- duled or non-scheduled flights; Whereas it is desirable to clarify that Regulation (EEC) No 2299/89 should apply to computer reservation systems offered to and/or used by all final consumers, be they individual members of the public or corporate users ; Whereas air carriers using a computer reservation system in their own clearly marked offices or counters should not be subject to the provisions governing the principal display ; Whereas a clear distinction between a contract for partici- pation in or allowing for use of a system and the supply of the technical equipment itself is appropriate, the latter being subject to normal contract law, thus allowing a system vendor to claim his direct costs in the case of the termination of a participation or subscription contract in accordance with the provisions of this Regulation ; Whereas the refusal by parent carriers to provide the same information on schedules, fares and availability to systems other than their own and to accept bookings made by those systems can seriously distort competition between computer reservation systems ;