Article 6

Agreements intended to reduce disturbances resulting from the structure of the transport market 1. Until such time as the Council, acting in pursuance of the common transport policy, introduces appropriate measures to ensure a stable transport market, the prohibition laid down in Article 2 may be declared inapplicable to any agreement, decision or concerted practice which tends to reduce disturbances on the market in question. 2. A decision not to apply the prohibition laid down in Article 2, made in accordance with the procedure laid down in Article 14, may not be taken until the Council, either acting by a qualified majority or, where any Member State considers that the conditions set out in Article 75 (3) of the Treaty are satisfied acting unanimously, has found, on the basis of a report by the Commission, that a state of crisis exists in all or part of a transport market. 3. Without prejudice to the provisions of paragraph 2, the prohibition in Article 2 may be declared inapplicable only where: (a) the agreement, decision or concerted practice in question does not impose upon the undertakings concerned any restriction not indispensable to the reduction of disturbances ; and does not make it possible for such undertakings to eliminate competition in respect of a substantial part of the transport market concerned.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-21 · Text as adopted (Official Journal); later amendments are not incorporated in this text.