No L 319/12 Official Journal of the European Communities 16. 11. 82 COMMISSION DECISION of 27 October 1982 imposing a fine on the Fédération nationale de l'industrie de la chaussure de France pursuant to Article 15 (1) (c) of Council Regulation No 17 (Case IV/AF 528) (Only the French text is authentic) (82/756/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 ('), and in particular Articles 14 and 1§ thereof, Having taken note of the view expressed by the Fédération nationale de I'industrie de la chaussure de France in its letter dated 14 May 1982 concerning the objections communicated by the Commission on 14 April 1982 pursuant to Article 19 (1) of Regulation No 17, Having regard to the opinion of the Advisory Committee on Restrictive Practices and Dominant Positions, delivered on 23 September 1982, pursuant to Article 10 of Regulation No 17, I Whereas : 1. On 4 March 1982, the Director-General for Competition gave written authorization for two offi- cials of the inspection directorate to carry out an investigation at the Fédération nationale de l'industrie de la chaussure de France (hereinafter referred to as ‘the FNICF) in Paris, pursuant to Article 14 of Council Regulation No 17. The investigation was carried out on 9 and 10 March 1982 at the FNICF’s head office in the presence of several members of its management, in particular the secretary-general and one of his advisers, and a repre- sentative of the competent French authority. The main purpose of the investigation was to obtain information on the application of French measures to improve the situation of the footwear and leather industry, in order to assess whether and to what extent the FNICF had, on behalf of its members, entered into undertakings to limit imports or to impose other restrictions within the meaning of Article 85 of the EEC Treaty. 2. Having produced his authorization, the inspector drew the attention of the FNICF’'s management to the provisions of Articles 14 and 15 of Regulation No 17 concerning the Commission’s powers of investigation, () OJ No 13, 21. 2. 1962, p. 204/62. and in particular to the provisions of Article 15 (1), as set out in the authorization and under which the Commission may by decision impose fines on under- takings and associations of undertakings where they submit to an investigation but, intentionally or negli- gently, produce the required books or other business records in incomplete form. When they were duly called upon, the FNICF's repre- sentatives expressed willingess to submit to the investi- gation and to comply with all obligations which might arise therefrom. 3. On 9 March 1982, the Commission’s official requested FNICF to supply, for the purpose of an examination within the meaning of Article 14 (1) (a) of Regulation No 17: (1) correspondence, internal memoranda and minutes of meetings with other associations representing the footwear industry in France or in certain other Community countries ; (2) records or minutes of meetings of the FNICF’s management bodies : firstly, the Federal Council, comprising representatives of the regional unions, specialist member groupings of the FNICF and individual member manufacturers, and, secondly, the Bureau of the Federal Council, presided over by a board of three persons. The documents requested were those covering the period from 1 January 1981 to the date of the investi- gation. In response to this request, the representatives of the FNICF produced various files of correspondence and records of meetings with other organizations repre- senting the footwear industry, but failed to produce any of the records or minutes of meetings of the FNICF's Federal Council and of the Bureau of the Federal Council since 1 January 1981. The Secretary-General of the FNICF has stated that the last three meetings of the Federal Council took place in October 1981, in December 1981 and on 24 February 1982 and that minutes of these meetings were drawn up; he has also confirmed that these documents existed at the very time of the investigation at the FNICF's head office. 4. In a written statement, recorded in the minutes on 10 March 1982, the Secretary-General of the