31.12.82 Official Journal of the European Communities No L 379/1 II (Acts whose publication is not obligatory) COMMISSION " COMMISSION DECISION of 15 December 1982 relating to a proceeding under Article 85 of EEC Treaty (IV/29.883 — AROW/BNIC) (82/896/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, ‘ Having regard to the Treaty establishing the European Economic Community, and in particular _ Article 85 thereof, 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 made to the- Commission on 11 June 1979 by the Association of Retailer-Owned Wholesalers in Foodstuffs, Brussels, pursuant to Article 3 of Regulation No 17, Having. regard to the Commission’s decision to initiate proceedings, taken on 21 January 1982, Having given the undertakings concerned the oppor- tunity to make known their views on the objections raised by the Commission pursuant to Article 19 (1) of Council Regulation No 17 and Commission Regu- lation 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: I. THE FACTS A. The product (1) Cognac is a brandy distilled in the region of Cognac in France, defined in a decree enacted (*) OJ No 13, 21. 2. 1962, p. 204/62. () O] No 127, 20. 8. 1963, p. 2268/63. on 1 May 1909. Brandies from this region are entitled to the registered designation of origin “cognac’ provided they comply with legal requirements for the vine varieties to be used - and for wine-making, distillation, ageing and marketing. The brandy must be matured in ‘Jaune d’Or’ wine-sheds, entitling it to ‘Jaune d’Or’ movement papers, showing that duty has or has not been paid, which were introduced by the Law of 4 August 1929. In 1981 sales of cognac amounted to about 470 000 hectolitres of pure alcohol, of which about 88 % was in bottle and 12 % in cask. Of total sales some 20 % were in France and 80 % abroad. A breakdown showing sales in 1981 in the individual Member States of the Community is given in Annex I. This table shows that the common market as a whole accounted for about 52 % of total sales of cognac, and that exports to the nine other Member States in 1981 represented 40 % of total exports (by volume). B. The Bureau National Interprofessional du Cognac (2) The Bureau National Interprofessional du Cognac, or national cognac industry board (BNIC), began as a board for the apportionment of Cognac wines and spirits set up by an: order (arrété) made on 5 Janua 1941 (). ' () Journal officiel de la République francaise (6. 1. 1941, p. 105).