No L 377/28 Official Journal of the European Communities 31. 12. 94 COMMISSION REGULATION (EC) No 3385/94 of 21 December 1994 on the form, content and other details of applications and notifications provided for in Council Regulation No 17 (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 Spain and Portugal, and in particular Article 24 thereof, Whereas Commission Regulation No 27 of 3 May 1962, First Regulation implementing Council Regulation No 17 (®)), as last amended by Regulation (EC) No 3666793 (3), no longer meets the requirements of efficient administrative procedure; whereas it should therefore be replaced by a new regulation; Whereas, on the one hand, applications for negative clearance under Article 2 and notifications under Articles 4, 5 and 25 of Regulation No 17 have important legal consequences, which are favourable to the parties to an agreement, a decision or a practice, while, on the other hand, incorrect or misleading information in such applications or notifications may lead to the imposition of fines and may also entail civil law disadvantages for the parties; whereas it is therefore necessary in the interests of legal certainty to define precisely the persons entitled to submit applications and notifications, the subject matter and content of the information which such applications and notifications must contain, and the time when they become effective; Whereas each of the parties should have the right to submit the application or the notification to the Commission; whereas, furthermore, a party exercising the right should inform the other parties in order to enable them to protect their interests; whereas applications and 1) OJ No 13, 21. 2. 1962, p. 204/62. () () OJ No 35, 10. 5. 1962, p. 1118/62. (3) O] No L 336, 31. 12. 1993, p. 1. notifications relating to agreements, decisions or practices of associations of undertakings should be submitted only by such association; Whereas it is for the applicants and the notifying parties to make full and honest disclosure to the Commission of the facts and circumstances which are relevant for coming to a decision on the agreements, decisions or practices concerned; Whereas, in order to simplify and expedite their examination, it is desirable to prescribe that a form be used for applications for negative clearance relating to Article 85 (1) and for notifications relating to Article 85 (3); whereas the use of this form should also be possible in the case of applications for negative clearance relating to Article 86; Whereas the Commission, in appropriate cases, will give the parties, if they so request, an opportunity before the application or the notification to discuss the intended agreement, decision or practice informally and in strict confidence; whereas, in addition, it will, after the application or notification, maintain close contact with the parties to the extent necessary to discuss with them any practical or legal problems which it discovers on a first examination of the case and if possible to remove such problems by mutual agreement; Whereas the provisions of this Regulation must also cover cases in which applications for negative clearance relating to Article 53 (1) or Article 54 of the EEA Agreement, or notifications, relating to Article 53 (3) of the EEA Agreement are submitted to the Commission, HAS ADOPTED THIS REGULATION: Article 1 Persons entitled to submit applications and notifications 1. The following may submit an application under Article 2 of Regulation No 17 relating to Article 85 (1)