L 354/18 Official Journal of the European Communities 30.12.98 COMMISSION REGULATION (EC) No 2842/98 of 22 December 1998 on the hearing of parties in certain proceedings under Articles 85 and 86 of the EC Treaty (Text with EEA relevance) 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 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 Austria, Finland and Sweden, and in particular Article 24 thereof, 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 Austria, Finland and Sweden, and in particular Article 29 thereof, Having regard to Council Regulation (EEC) No 4056/86 of 22 December 1986 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to mari- time transport (), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 26 thereof, Having regard to Council Regulation (EEC) No 3975/87 of 14 December 1987 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector (*), as last amended by Regulation (EEC) No 2410/92 (°), and in particular Article 19 thereof, Having consulted the appropriate Advisory Committees on Restrictive Practices and Dominant Positions, (1)  Whereas a great deal of experience has been acquired in the application of Commission Regula- tion No 99/63/EEC of 25 July 1963 on the hear- ings provided for in Article 19(1) and (2) of Regula- tion No 17 (°), Commission Regulation (EEC) No 1630/69 of 8 August 1969 on the hearings provided for in Article 26(1) and (2) of Council Regulation (EEC) No 1017/68 of 19 July 1968 (’), Section II of Commission Regulation (EEC) No 4260/88 of 16 OJ 13, 21. 2. 1962, p. 204/62. OJ L 175, 23. 7. 1968, p. 1. OJ L 378, 31. 12. 1986, p. 4. OJ L 374, 31. 12. 1987, p. 1. OJ L 240, 24. 8. 1992, p. 18. O]J 127, 20. 8. 1963, p. 2268/63. OJ L 209, 21. 8. 1969, p. 11. 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 applica- tion of Articles 85 and 86 of the Treaty to maritime transport (%), as last amended by the Act of Acces- sion of Austria, Finland and Sweden, and Section II of Commission Regulation (EEC) No 4261/88 of 16 December 1988 on the complaints, applications and hearings provided for in Council Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector (°); Whereas that experience has revealed the need to improve certain procedural aspects of those Regula- tions; whereas it is appropriate for the sake of clarity to adopt a single Regulation on the various hearing procedures laid down by Regulation No 17, Regulation (EEC) No 1017/68, Regulation (EEC) No 4056/86 and Regulation (EEC) No 3975/87; whereas, accordingly, Regulations No 99/63/EEC and (EEC) No 1630/69 should be replaced, and Sections II of Regulations (EEC) No 4260/88 and (EEC) No 4261/88 should be deleted and replaced; Whereas the provisions relating to the Commis- sion’s procedure under Decision 94/810/ECSC,EC of 12 December 1994 on the terms of reference of hearing officers in competition procedures before the Commission ('°) should be framed in such a way as to safeguard fully the right to be heard and the rights of defence; whereas for these purposes, the Commission should distinguish between the respective rights to be heard of the parties to which the Commission has addressed objections, of the applicants and complainants, and of other third parties; Whereas in accordance with the principle of the rights of defence, the parties to which the Commis- sion has addressed objections should be given the 376, 31. 12. 1988, p. 1. 376, 31. 12. 1988, p. 10. 330, 21. 12. 1994, p. 67. -