29. 1. 97 Official Journal of the European Communities No L 26/23 COMMISSION COMMISSION DECISION of 30 October 1996 relating to a proceeding under Article 85 of the EC Treaty (IV/34.503 — Ferry operators — Currency surcharges) (Only the English, French and Dutch texts are authentic) (97/84/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 4056/86 of 22 December 1986 laying down detailed rules for the application of Articles 85 and 86 of the EC Treaty to maritime transport ('), as amended by the Act of Acces- sion of Austria, Finland and Sweden, and in particular Article 19 (2) thereof, Having regard to the Commission Decision of 12 September 1994, to open a proceeding in this case, Having given the parties the opportunity to make known their views on the objections raised by the Commission in accordance with Article 23 of Regulation 4056/86, and with Commission Regulation (EEC) No 4260/88 of 16 December 1988 on the communications, complaints and applications and the hearings provided for in Council Regulation (EEC) No 4056/86 of the Treaty to maritime transport (3, as last amended by the Act of Accession of Austria, Finland and Sweden, After consulting the Advisory Committee on Agreements and Dominant Positions in Maritime Transport, Whereas: () OJ No L 378, 31. 12. 1986, p. 4. () O] No L 376, 31. 12. 1988, p. 1. ) ) I. THE FACTS A. THE BACKGROUND TO THIS DECISION This Decision arises from investigations made in April 1993 under Article 18 (3) of Regulation (EEC) No 4056/86 at the offices of four ferry operators. During the investigations the Commission dis- covered documentary evidence showing that a number of ferry operators had agreed the common imposition of a currency surcharge on freight fol- lowing the devaluation of the pound sterling in September 1992. Five operators, namely P&O Euro- pean Ferries, Stena Sealink, SNAT, Brittany Ferries and North Sea Ferries, announced identical surcharges to be imposed on freight to be trans- ported on United Kingdom-Continent routes, with a common introduction date and common method of calculation. B. THE UNDERTAKINGS The undertakings which are concerned by the present procedure are roll-on, roll-off ferry (ro-ro) operators, who provide freight services on a number of routes between England and continental Europe: — P&O European Ferries Ltd (P&OEF) is a sub- sidiary of the Peninsular and Oriental Steam Navigation Company (P&OSNC), P&OEF provides roll-on, roll-off freight services on the short-sea routes between Dover and Calais, the Western Channel routes between Portsmouth and Le Havre or Cherbourg, and, at the time of the infringement, on a North Sea route between Felixstowe and Zeebrugge and Rotterdam. In