13.2.1999 Official Journal of the European Communities L 40/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 323/1999 of 8 February 1999 amending Regulation (EEC) No 2299/89 on a code of conduct for computer reservation systems (CRSs) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 75 and 84(2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the Economic and Social Committee ('), Acting in accordance with the procedure laid down in Atrticle 189¢ of the Treaty (3), 1) Whereas Regulation (EEC) No 2299/89 (°) has made a major contribution to ensuring fair and unbiased conditions for air carriers in 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 meas- ures at Community level to ensure that the ob- jectives of the Regulation are met in all Member States; Whereas this Regulation is without prejudice to the application of Articles 85 and 86 of the Treaty; Whereas this Regulation is without prejudice to the application of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the () OJ C 95, 30. 3. 1998, p. 27. () Opinion of the European Parliament of 15 May 1998 (O] C 167, 1. 6. 1998, p. 293), Council Common Position of 24 September 1998 (O] C 360, 23. 11. 1998, p. 69) and Decision of the European Parliament of 3 December 1998 (O] C 398, 21. 12. 1998). () OJ L 220, 29. 7. 1989, p. 1. Regulation as amended by Regu- lation (EEC) No 3089/93 (O] L 278 11. 11. 1993, p. 1). (10) (1) processing of personal data and on the free move- ment of such data (*); Whereas Commission Regulation (EC) No 3652/ 93 (°) exempts agreements for the common purchase, development and operation of computer- ised reservation systems from the provisions of Article 85(1) of the Treaty; Whereas it is desirable to clarify the basis on which parent carriers should be charged for bookings they are required to accept from competing CRSs; Whereas it is necessary to clarify the basis on which CRSs charge for the services they provide for participating carriers and subscribers, in particular as regards incentives and in order to improve trans- parency; Whereas it is necessary to ensure that third parties carrying out services on behalf of a CRS are subject to the same obligations as the code imposes on that CRS; Whereas the code’s CRS audit requirements should also be used to check data-protection requirements arising out of Directive 95/46/EC; Whereas it is necessary to specify the obligations of subscribers under the code so that the reservation services they provide for their customers are not inaccurate, misleading or discriminatory; Whereas express provision ought to be made for a defendant’s right to be heard on matters to which the Commission takes objection; (4 OJ L 281, 23. 11. 1995, p. 31. () OJ L 333, 31. 12. 1993, p. 37. Regulation as amended by the Act of Accession of 1994.