31.8.2001 Official Journal of the European Communities L 233/37 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 15 June 2001 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (COMP/[34.950 — Eco-Emballages) (notified under document number C(2001) 1611) (Only the French version is authentic) (Text with EEA relevance) (2001/663/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, first Regulation implementing Articles 85 and 86 of the Treaty (), as last amended by Regulation (EC) No 1216/ 1999 (3, and in particular Article 2 thereof, Having regard to the application for negative clearance and the notification for exemption, submitted pursuant to Articles 2 and 4 of Regulation No 17 on 17 December 1993, Having regard to the summary of the application and noti- fication published () pursuant to Article 19(3) of Regulation No 17, After consulting the Advisory Committee on Restrictive Prac- tices and Dominant Positions, Whereas: A. INTRODUCTION (1) Eco-Emballages SA (hereinafter ‘Eco-Emballages’) orga- nises on French territory a system of selective collection and recovery of household packaging waste. The system is designed to meet the requirements laid down by the French Packaging Decree. The notification relates to the agreements governing the system's operation. This () O] 13, 21.2.1962, p. 204/62. () O] L 148, 15.6.1999, p. 5. () O] C 227, 9.8.2000, p. 6. Decision covers the notified contracts as they currently stand, i.e. incorporating the amendments made during the proceeding and effected by Eco-Emballages at the Commission's request, as explained below. B. REGULATORY FRAMEWORK IN FRANCE (20  Decree No 92-377 (hereinafter ‘the Decree’) imple- menting, with regard to packaging waste, Law No 75- 633 of 15 July 1975 on waste disposal and recovery, as amended, was adopted on 1 April 1992 and has been in force since 1 January 1993. Member States also have obligations in this matter arising from European Parlia- ment and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (¥). (3)  Article 1 of the Decree stipulates that it applies to all packaging held by households as end-users. According to the definitions in Article 2, a ‘producer’ means anyone who packages products or has products packaged with a view to placing them on the market and ‘packaging’ means any form of container or the like intended to contain a product and to facilitate its transport or presentation for sale. (4)  Article 4 of the Decree stipulates that any producer or importer whose products are marketed in packaging or, if the producer or the importer cannot be identified, the person first responsible for placing the products on the market is required ‘to contribute to or organise the disposal of all of its packaging waste’ (hereinafter, the () O] L 365, 31.12.1994, p. 10.