4.12.2001 Official Journal of the European Communities L 319/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 17 September 2001 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Cases COMP/[34493 — DSD; COMP/37366 — Hofmann and DSD; COMP/[37299 — Edelhoff and DSD; COMP/37291 — Rethmann and DSD; COMP/37288 — ARGE and five others and DSD; COMP/37287 — AWG and five others and DSD; COMP/37526 — Feldhaus and DSD; COMP/37254 — Nehlsen and DSD; COMP/37252 — Schonmackers and DSD; COMP[37250 — Altvater and DSD; COMP/37246 — DASS and DSD; COMP/37245 — Scheele and DSD; COMP/37244 — SAK and DSD; COMP[37243 — Fischer and DSD; COMP[37242 — Trienekens and DSD; COMP[37267 — Interseroh and DSD) (notified under document number C(2001) 2672) (Only the German text is authentic) (Text with EEA relevance) (2001/837/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Agreement on the European Economic Area, Having regard to Council Regulation No 17 of 6 February 1962, the First Regulation implementing Articles 85 and 86 of the Treaty (!), as last amended by Regulation (EC) No 12161999 (?), and in particular Articles 2, 6 and 8 thereof, Having regard to the applications for negative clearance and notifications for exemption of the agreements on which the DSD system is based which were submitted by DSD under Articles 2 and 4 of Regulation No 17 on 2 September 1992; to the supplementary applications for negative clearance and notifications for exemption of the Service Agreement submitted by the waste disposal undertakings Trienekens on 17 September 1998, Fischer on 17 September 1998, SAK on 18 September 1998, Scheele on 18 September 1998, DASS on 21 September 1998, Altvater on 21 September 1998, Schonmackers on 25 September 1998, Nehlsen on 28 September 1998, Feldhaus on 29 September 1998, Rethmann on 30 October 1998, Edelhoff on 6 November 1998, Hofmann on 4 January 1999, and by the waste disposal associations BVSE and VKS on 29 October 1999; and to the () O] 13, 21.2.1962, p. 204/62. () OJ L 148,15.6.1999, p. 5. supplementary  application for negative clearance and notification for exemption of the Guarantee Agreements submitted by the waste disposal service provider Interseroh on 9 October 1998, Having regard to the decision of 25 October 1996 to initiate a proceeding in this case, Having invited interested undertakings under Article 19(3) of Regulation No 17 to submit their observations (3), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: A. THE FACTS I. INTRODUCTION (1)  On 2 September 1992 Der Griine Punkt — Duales System Deutschland AG (hereinafter called ‘DSD’), in Cologne, notified a number of agreements with a view to obtaining negative clearance or a decision granting exemption from the prohibition on restrictive practices. DSD operates in Germany a countrywide system for the collection and recovery of sales packaging. The system is designed to meet the requirements of the German Packaging Ordinance. The notification concerns those () 0J C 100, 27.3.1997, p. 4.