No L 341/66 Official Journal of the European Communities 30. 12. 94 COMMISSION COMMISSION DECISION of 12 December 1994 relating to a proceeding under Article 85 of the EC Treaty and Article 53 of the EEA Agreement (Case No IV/34.891 — Fujitsu AMD Semiconductor) (Only the English text is authentic) (Text with EEA relevance) (94/823/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European 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 Spain and Portugal, and in particular Articles 2, 6 and 8 thereof, Having regard to Article 53 and to Protocol 21 of the Agreement on the European Economic Area, Having regard to the application for negative clearance of a joint venture agreement and five related agreements, and the notification for exemption thereof, submitted by Fujitsu Limited, pursuant to Articles 2 and 4 of Regula- tion No 17, on 21 October 1993, Having regard to the request made by the parties on 11 February 1994 to extend the application and notification to Article 53 of the EEA Agreement, Havinf regard to the summary of the application and notification published (¥) pursuant to Article 19 (3) of Regulation 17 and to Article 3 of Protocol 21 of the EEA Agreement, After consultation with the Advisory Committee on Restrictive Practices and Dominant Positions, () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No C 153, 4. 6. 1994, p. 11. Whereas : A. THE FACTS I. The notification (1)  On 21 October 1993, Fujitsu Limited notified a @ joint venture agreement and five related agreements it had entered into with Advanced Micro Devices, Inc. The related agreements include: a technology cross-licence agreement, a joint development agree- ment, a joint venture licence agreement and reci- procal investments agreements. The notification has been made unilaterally by Fujitsu Limited with the consent and cooperation of Advanced Micro Devices, Inc. The Commission has been asked to issue a negative clearance or to grant an individual exemption pursuant to Article 85 (3) of the EC Treaty. Following the entry into force of the EEA Agree- ment, the parties requested the Commission on 11 February 1994 to extend the notification so as to cover Article 53 of the EEA Agreement. The joint venture company, Fujitsu AMD Semicon- ductor Limited (‘the JV’), has been created under Japanese law and will design, construct and operate a plant in Japan to produce semiconductor wafers of certain types of non-volatile memory (‘NVM), namely Electrically Programmable Read Only Memories (‘Eproms’) and flash memories.