21. 12, 82 Official Journal of the European Communities No L 360/31 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 10 December 1982 relating to a proceeding under Article 85 of the EEC Treaty (IV/30.077 — Cafeteros de Colombia) (Only the French text is authentic) (82/860/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 17 of 6 February 1962 ("), first Regulation implementing Articles 85 and 86 of the Treaty, as last amended by the Act of Accession of Greece, and in particular Articles 3 and 6 thereof, Having regard to the notification made by the Federa- cion Nacional de Cafeteros de Colombia on 29 April 1980, and supplemented on 2 March 1981, in accor- dance with Article 4 of Regulation No 17, Having decided on 20 July 1982 to open proceedings in the case, Having given the undertaking the opportunity to make known its views on the objections raised by the Commission, in accordance with Article 19 (1) of Regulation No 17 and with Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regu- lation No 17 (3, After consultation with the Advisory Committee on Restrictive Practices and Dominant Positions, - (1) OJ No 13, 21. 2. 1962, p. 204/62. () OF No 127, 20. 8. 1963, p. 2268/63. Whereas : ) e ) 4 1. THE FACTS Acting upon information received about the sale of green coffee in the EEC, the Commission obtained particulars of the contracts under which the Federacién Nacional de Cafeteros de Colombia (hereinafter called ‘FNC’) had agreed to supply coffee to its EEC customers in 1978. - As a result, an inspection was carried out at the FNC'’s Brussels office on 25 April 1979 and the Commission received copies of the contracts which FNC had made with its customers for 1979. On 29 April 1980, FNC notified the contracts to the Commission and applied for negative clearance or exemption under Article 85 (3) of the EEC Treaty. A. The market for green coffee The green coffee consumed in the EEC is imported from Africa and Latin America. There are three main types of green coffee, ‘arabicas’, ‘robustas’ and ‘mild arabicas’. Colombia, the second biggest coffee producer in the world after Brazil, is the biggest producer of milds.