26.7.1999 Official Journal of the European Communities L 193/23 COMMISSION DECISION of 30 April 1999 relating to a proceeding pursuant to Article 85 of the Treaty (IV/34.250 — Europe Asia Trades Agreement) (notified under document number C(1999) 983) (Only the Danish, German, English and French texts are authentic) (Text with EEA relevance) (1999/485EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 4056/86 of 22 December 1986 laying down detailed rules for the application of Articles 85 und 86 of the Treaty to maritime transport (1), as amended by the Act of Accession of Austria, Finland and Sweden, and in particular Articles 3, 11, and 12 thereof, Having regard to the Commission Decision of 6 April 1994 to initiate proceedings in this case, Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission and to present any other comments in accordance with Article 23 of Regulation (EEC) No 4056/86 and with Commission Regulation (EEC) No 4260/88 of 16 December 1988 on the communications, complaints and applications and the hearings provided for in Council Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport (%) as last amended by the Act of Accession of Austria, Finland and Sweden (?), Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions in the field of maritime transport, Whereas: SUMMARY (1)  In this Decision, the Commission considers whether the parties to the Europe Asia Trades Agreement (EATA) have infringed Article 85(1) of the Treaty in relation to an agreement not to use capacity and to exchange information and examines their application for individual exemption. THE FACTS L. The application On 2 September 1992, in accordance with Article 12(1) of Regulation (EEC) No 4056/86, the Commission was notified of an requested to exempt under Article 85(3) of the Treaty, the Europe Asia Trades Agreement (EATA) concerning scheduled maritime transport services for the carriage of containerised cargo from north Europe to the Far East. On 19 September 1997, the Commission was informed that the EATA parties had terminated the agreement with effect from 16 September 1997. The following shipping lines were party to the EATA: — CGM Orient SA (CGM), — Hapag-Lloyd AG (Hapag-Lloyd), — Kawasaki Kisen Kaisha Ltd (K Line), — A.P. Mpller — Maersk Line (Maersk), — Malaysian International Shipping Corporation Bhd (MISQ), — Mitsui O.SK. Lines Ltd (MOL), — Nedlloyd Lijnen BV (Nedlloyd), — Neptune Orient Lines Ltd (NOL), — Nippon Yusen Kabushiki Kaisha (NYK), — Oriental Overseas Container Line (OOCL),