31.12. 94 Official Journal of the European Communities No L 378/37 COMMISSION DECISION of 21 December 1994 relating to a proceeding pursuant to Article 85 of the EC Treaty and Article 53 of the EEA Agreement {IV/34.252 ~ Philips-Osram) (Only the Dutch and German texts are authentic) (Text with EEA relevance) (94/986/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 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 the application for negative clearance and the notification for exemption submitted, pursuant to Articles 2 and 4 of Regulation No 17, on 3 March 1992, ‘ Having regard to the request made by the parties on 15 February 1994, to extend the application and notification to Article 53 of the EEA Agreement, Having regard to the summary of the application and notification (?) published pursuant to Article 19 (3) of Regulation No 17 and to Article 3 of Protocol 21 of the EEA Agreement, : After consultation with the Advisory Committee for Restrictive Practices and Dominant Positions, Whereas: I. THE FACTS A. Introduction (1) ~ On 3 March 1992, Philips International BV and Osram GmbH (hereinafter referred to as ‘Osram’) notified to the Commission a declaration of intent aimed at the conclusion between them of a joint venture agreement regarding the manufacture and (') OJ No 13, 21. 2. 1962, p. 204/62. () OJ No C 22, 26. 1. 1994, p. 4, and OJ No C 267, 24. 9. 1994, p. 3. (2) (3) (4) ($) sale of certain lead glass tubing (and components thereof) for incandescent and fluorescent lamps. The joint venture company to be so created will regroup and enhance the existing FEuropean activities of the parent companies in the lead glass tubing field and is expected to supply lead glass tubing products to its parent companies -and to independent lamp manufacturers not having sufficient own internal production of lead glass. The joint venture company will be based in the current facilities of Philips Lighting Holding BV located in Lommel (Belgium). The three furnaces installed there will be fully dedicated to the production of lead glass for lamps, and new production lines will be installed. At the same time, Philips’ current production lines of lead glass for television sets and for soda lime glass tubes in Lommel will be transferred to other Philips facilities. The Lommel factory is equipped with the necessary equipment to reduce the emission problems inherent in the manufacture of lead glass (lead, nitrogen oxide and antimony emissions) consisting of electrostatic filters and complex and expensive equipment for the selective conversion of hazardous gaseous components. In addition, Osram has closed its existing facilities located in Berlin which had reached the end of their economic life, and which were not equipped with the abovementioned equipment to reduce polluting emissions. The parent companies currently operate two other joint ventures in the lighting field: one, also located in Lommel — Emgo — produces bulbs for incandescent lamps and the other, located in Argentina, produces glass. It should be noted that Emgo has been in operation for the last 25 years. B. The parties Philips Lighting Holding BV (hereinafter referred to as ‘Philips’) is the holding company of the Philips Lighting group within the Philips group of companies.