Nol 376/2 Official Journal of the European Communities 31.12.85 COMMISSION COMMISSION DECISION of 16 December 1985 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/30.373 — P & I clubs) (Only the English text is authentic) (85/615/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, First Regulation implementing Articles 85 and 86 of the Treaty (%), as last amended by the Act of Accession of Greece and in particular Articles 6 and 8 thereof, Having regard to the notifications made on 18 June 1981, on 27 July 1984 and on 20 February 1985 by the 17 protection and indemnity clubs listed in the Annex, concerning the International Group Agreement, Having regard to the summary of the application and notification published (*) pursuant to Article 19 (3) of Regulation No 17, Whereas no further important facts have been drawn to the Commission’s attention, following the said pub- lication pursuant to Article 19 (3), nor any observation made that cause the Commission to modify its intention, in these circumstances, to accept the request for application of Article 85 (3) of the Treaty, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: 1. THE FACTS 1.  On 18 June 1981, 17 protection and indemnity clubs (P&I clubs-mutual non-profit-making associations providing certain types of marine insurance), the names and addresses of which are listed in the Annex, notified to the Commission, in accordance with Article 4 of Regulation No 17, (") OJ No 13, 21. 2. 1962, p. 204/62. () OJ No 09, 11. 1. 1985, p. 11. the text of an agreement which they intended to put into effect, with a view to obtaining negative clearance or alternatively an exemption under Article 85 (3) of the Treaty. The agreement, known as the International Group Agreement (IGA), came into force on 8 December 1981. After a preliminary examination, the Commission considered that the agreement contained a number of clauses that could not be exempted under Article 85 (3). On 18 February 1983 it therefore opened proceedings and on 24 February 1983 sent the applicants a statement of objections prior to a decision under Article 15 (6) of Regulation No 17. Following discussions with the Commission, the clubs submitted on 1 November 1983 a memorandum setting out a number of proposals for amendment of the IGA. The clubs asked whether the Commission would be prepared to issue an Article 19 (3) notice in respect of the IGA if it was amended in accordance with the proposals set out in the memorandum. On 1 December 1983, the Union of Greek Shipowners and the Greek Shipping Cooperation Committee, whose members are members of the P &I clubs, lodged a formal complaint pursuant to Article 3 of Regulation No 17 in relation to: (i) an agreement in similar terms to the IGA which was operated by the P & I clubs prior to the adoption of the IGA; (i) the IGA as notified and as adopted; (iii) the IGA as now proposed to be modified.