No L 224/28 Official Journal of the European Communities 30. 8. 94 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 27 July 1994 relating to a proceeding under Article 85 of the EC Treaty and Article 53 of the EEA Agreement A (IV/34.518 — ACI) (Only the English and French texts are authentic) (94/594/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 competiution to trans- port by rail, road and inland waterway (), as amended by the Act of Accession of Greece, and in particular Article § thereof, Having regard to the summary of the relevant agreements published in accordance with Article 12 (2) of Regulation (EEC) No 1017/68 (3, Having regard to the Commission’s decision to raise serious doubts within the meaning of Article 12 (3) of Regulation (EEC) No 1017/68, taken on 27 May 1993, Having regard to the notice published (}) in accordance with Article 26 (3) of Regulation (EEC) No 1017/68, in which the Commission announced that it was considering exempting the agreement and invited interested parties to submit their observations, () OJ No L 175, 23. 7. 1968, p. 1. @ OJ No C 57, 27. 2. 1993, p. 5. () OJ No C 115, 26. 4. 1994, p. 5. After consulting the Advisory Committee on Restrictive Practices and Dominant Positions in the Transport Industry, Whereas : 1. THE FACTS A. The notification (1)  On 13 November 1992 the Commission received an application from the British Railways Board (BR), Société Nationale des Chemins de Fer Fran- cais (SNCF) and Intercontainer (IC) seeking a declaration under Article 5§ of Regulation (EEC) No 1017/68 that Article 2 of the Regulation was inap- plicable to two agreements they had concluded between them. . B. The parties (2  BR and SNCF are two public railway undertakings whose main business is to provide rail transport ~ services for goods and passengers, 'using their own rail traction for the purpose.