2.8. 84 Official Journal of the European Communities No L 207/11 COMMISSION COMMISSION DECISION of 2 July 1984 relating to a proceeding under Article 86 of the EEC Treaty (IV/30.615 ~ BL) (Only the English text is authentic) (84/379/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 Article 3 thereof, Having regard to the application lodged under Article 3 of Regulation No 17 on 6 November 1981 by Derek Merson, a sole trader, Having regard to the Commission decision of 28 June 1982 to initiate proceedings in this case, Having given BL 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 Regulation No 17 (?), After consultation with the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: [. THE FACTS A. BL (1)  BL was given its present structure on 11 August 1975 and has been a public limited company since 31 July 1981. (') O) No 13, 21. 2. 1962, p. 204/62. () OJ No 127, 20. 8. 1963, p. 2268/63. (2) BL is the second largest British car manufacturer and ranks seventh in Europe as a whole in terms of its turnover. On 31 December 1982 the United Kingdom Government owned 99,7 % of the issued capital of the company with 69 000 private shareholders accounting for the remaining 0,3%. B. THE BRITISH TYPE-APPROVAL REGULATIONS In most circumstances passenger cars can be licensed for use on roads in Great Britain (England, Wales and Scotland) only if there is a type-approval certificate in force in respect of the vehicle in question whether manufactured in Great Britain or imported. The existence of such a type-approval certificate shows that the vehicle complies with certain standards of design, construction and environmental protection. The current regulations which govern the national type-approval arrangements are contained in Statutory Instrument No 1092 of 1979, as amended by Statutory Instruments Nos 1980/879 and 1165, 1981/696 and 1619 and 1982/8. These regulations are made by the Secretary of State for Transport pursuant to powers conferred on him by the Road Traffic Acts 1972 and 1974, The national type-approval (hereinafter NTA) regulations do not apply to all classes of vehicle. In particular, a type-approval certificate will not be necessary for temporary or personal imports as defined by the regulations. In all other cases, however, NTA applies and compliance with the regulations is mandatory. Thus by virtue of section (51) (1) of the Road Traffic Act 1972 and NTA