2.12. 94 Official Journal of the European Communijties No L 309/1 (Acts whose publication is not obligatory) - COMMISSION COMMISSION DECISION of 6 October 1994 relating to a proceeding pursuant to Article 85 of the EC Treaty and Article 53 of the EEA Agreement ' (IV/34.776 — Pasteur Mérieux-Merck) {Only the English and French texts are authentic) (Text with EEA relevance) (94/770/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 Portigal, and in particular Articles 2, 4, 6 and 8 thereof, Having regard to the notification on 4 June 1993 by Merck & Co. Inc. and Pasteur Mérieux Sérums et Vaccins pursuant to Article 4 of Council Regulation (EEC) No 4064/89 (%), Having regard to the Commission’s decision on 5 July 1993 that the notified operation does not fall within the scope of Regulation (EEC) No 4064/89 because it does not constitute a concentration within the meaning of Article 3 of the said Regulation (%), Having regard to the parties’ request pursuant to Article 5(1) of Commission Regulation (EEC) No 2367/90 (*), as amended by Regulation (EC) No 3666/93 (°), to treat the notification pursuant to (") OJ No 13, 21. 2. 1962, p. 204/62. {3) OJ No L 395, 30. 12. 1989, p. 1; amended version in O] No L 257, 21. 9. 1990, p. 13. () O] No C 188, 10. 7. 1993, p. 10. {(*) O] No L 219, 14. 8. 1990, p. 5. (°y OJ No L 336, 31. 12. 1993, p. 1. Regulation (EEC) No 4064/89 as an application within the meaning of Article 2 and/or a notification within the- meaning of Article 4 of Regulation No 17, Having regard to the Agreement on the European Economic Area (hereinafter referred to as ‘the EEA Agreement’), and to the parties’ request on 26 January 1994, pursuant to Articles 5 and 8 of Protocol 21 to the EEA Agreement, that their notification be extended to ‘Article 53 of the EEA Agreement, Having published a summary of the application and notification pursuant to Article 19 (3) of Regulation No 17 (%), ' After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: 1. THE FACTS A. The procedure (1) The notification concerns an operation under which Pasteur Mérieux Sérums et Vaccins (PMsv) and Merck & Co. Inc. (Merck) will organize their existing activities in the human vaccines and some related businesses within a territory being defined. () OJ No C 94, 31. 3. 1994, p. 15.