No L 259/20 Official Journal of the European Communities 7. 10. 94 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 21 September 1994 relating to a proceeding pursuant to Article 85 of the EC Treaty and Article 53 of the EEA Agreement (IV/34.600 — Night Services) (Only the German, English, French and Dutch texts are authentic) (Text with EEA relevance) (94/663/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 (EEC) No 1017/68 of 19 July 1968 applying rules of competition to transport by rail, road and inland waterway (*), as amended by the Act of Accession of Greece, and in particular Article § thereof, Having regard to the application for exemption under Article 5 of Regulation (EEC) No 1017/68, submitted on 29 January 1993 in respect of certain agreements on the carriage of passengers by rail via the Channel Tunnel, Having regard to the summary of the relevant agreement it published in accordance with Article 12 (2) of Regula- tion (EEC) No 1017/68 (3, Having regard to the Commission’s decision of 23 August 1993 to express serious doubts within the meaning of Article 12 (3) of Regulation (EEC) No 1017/68, () OJ No L 175, 23. 7. 1968, p. 1. () OJ No C 149, 29.°5. 1993, p. 10. Having regard to the notice in which it announced that it was considering exempting the agreement and invited intrerested third parties to submit their observations (%), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions in the Transport Industry, Whereas : I. THE FACTS A. The notification (1)  On 29 January 1993 the Commission received an application from FEuropean Night Services Ltd (ENS), British Rail (BR), Deutsche Bundesbahn (DB), NV Nederlandse Spoorwegen (NS), Société nationale des chemins de fer francais (SNCF) and Société nationale des chemins de fer belges (SNCB) seeking a declaration that Article 2 of Regulation (EEC) No 1017/68 did not apply to a number of agreements concerning the carriage of passengers by rail via the Channel Tunnel or, failing that, the exemption of the agreements under Article 5 of the Regulation. () OJ No C 153, 4. 6. 1994, p. 15.