3.10.2006 Official Journal of the European Union L 272/3 COMMISSION REGULATION (EC) No 1459/2006 of 28 September 2006 on the application of Article 81(3) of the Treaty to certain categories of agreements and concerted practices concerning consultations on passenger tariffs on scheduled air services and slot allocation at airports THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European 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 ('), and in particular Article 2 thereof, Having published a draft of this Regulation (?), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: (1)  Since 1 May 2004, the air transport sector has been subject to the generally applicable provisions of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (?). (2 Regulation (EC) No 1/2003 provides that agreements which fall under Article 81(1) of the Treaty which satisfy the conditions of Article 81(3) are not prohibited, no prior decision to that effect being required. In principle, undertakings and associations must now assess for themselves whether their agreements, concerted practices and decisions are compatible with Article 81 of the Treaty. (3)  Regulation (EEC) No 3976/87 empowers the Com- mission to apply Article 81(3) of the Treaty by Regu- lation to certain categories of agreements, decisions or concerted practices relating directly or indirectly to the provision of air transport services on routes between Community airports and on routes between the Community and third countries. (4)  Agreements, decisions or concerted practices concerning consultations on passenger tariffs on scheduled air (') OJ L 374, 31.12.1987, p. 9. Regulation as last amended by Regu- lation (EC) No 411/2004 (O] L 68, 6.3.2004, p. 1). () O] C 42, 18.2.2006, p. 15. () OJ L 1, 41.2003, p. 1. Regulation as amended by Regulation (EC) No 411/2004 (O] L 68, 6.3.2004, p. 1). services and slot allocation and airport scheduling are liable to restrict competition and affect trade between Member States. (5) However, since such agreements, decisions or concerted practices may benefit air transport users andfor air carriers, 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 coor- dination of schedules, joint operations, consultations on passenger and cargo tariffs on scheduled air services and slot allocation at airports (*) declared that Article 81(1) of the Treaty did not apply, inter alia, to certain agreements, decisions or concerted practices concerning consultations on tariffs and slot allocation at airports for air services between Community airports. Regulation (EEC) No 1617/93 expired on 30 June 2005. (6) In June 2004 the Commission initiated a consultation on the revision of Regulation (EEC) No 1617/93 to determine whether the block exemption should be discontinued, maintained in its original form or extended in scope. The Commission received responses from Member States, airlines, travel agents and consumer groups. (7 In view of the results of the consultation and the directly applicable exception system introduced by Regulation (EC) No 1/2003, there are not sufficient grounds to continue to declare by Regulation Article 81(1) inap- plicable to consultations on slot allocation and airport scheduling agreements or to consultations on tariffs for the carriage of passengers, with their baggage, on scheduled air services between Community airports. However, the airline industry should be allowed sufficient time to adapt to the new situation and to assess for themselves whether their agreements and practices are compatible with Article 81 of the Treaty and, if necessary, to amend them. Since Regulation (EEC) No 1617/93 has already expired, it is necessary to adopt a new block exemption regulation for a transitional period. () O] L 155, 26.6.1993, p. 18. Regulation as last amended by the 2003 Act of Accession.