17. 8. 85 Official Journal of the European Communities No L 219/35 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 10 July 1985 relating to a proceeding under Article 2 of Council Regulation (EEC) No 1017/68 applying rules of competition to transport by rail, road and inland waterway (IV/31.029 — French inland waterway charter traffic : EATE levy) (Only the French text is authentic) (85/383/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1017/68 of 19 July 1968 applying rules of competition to transport by rail, road and inland waterway ('), as last amended by the Act of Accession of Greece, and in particular Articles 2 and S thereof, Having regard to the complaints lodged with the Commission under Article 10 of Regulation (EEC) No 1017/68 by the following Dutch undertakings and associations : Algemene Schippersvereniging, Rotterdam, Onafhankelijke Nederlandse Schippersvak- bond, Rotterdam, Federatie van Schippersbonden, Rotterdam, Vereniging Toerbeurt  Noord-Zuid, Rotterdam and Benjamin Besjer, transport operator, Rotterdam, Having decided on 1 August 1984 to open proceed- ings in the case, Having given the undertakings concerned on 27 February 1985 the opportunity of replying to the objections raised by the Commission, in accordance with Article 26 (2) of Regulation No 1017/68 and with Commission Regulation (EEC) No 1630/69 of 8 () OJ No L 175, 23. 7. 1968, p. 1. August 1969 on the hearings provided for in Article 26 (1) and (2) of Regulation (EEC) No 1017/68 (%), Having consulted the Advisory Committee on Restric- tive Practices and Dominant Positions, in accordance with Article 16 of Regulation (EEC) No 1017/68, on 19 June 198S, Whereas : 1. FACTS (1)  This Decision concerns an agreement signed in France on 13 June 1983 between the French Association of Self-Employed Waterway Carriers (Association Nationale des Travailleurs Indépen- dants de la Batellerie — ANTIB) and the French Federation of Inland Waterway Forwar- ding Agents (Chambre Syndicale Nationale des Courtiers de fret fluviaux) and in particular the introduction of a 10 % levy on all charters arranged through the inland waterway freight exchange system in France for destinations abroad. The levy has been referred to as the ‘EATE levy’, or, for the time being, the ‘BASC levy’, after the organizations receiving the proceeds (see paragraphs 22 and 23). () OJ No L 209, 21. 8. 1969, p. 11.