L 209/12 Official Journal of the European Union 19.8.2003 COMMISSION DECISION of 2 April 2003 relating to a proceeding pursuant to Article 81 of the EC Treaty (Case COMP/C.38.279/F3 — French beef) (notified under document number C(2003) 1065) (Only the French text is authentic) (2003/600/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, Having regard to Council Regulation No 17 of 6 February 1962, first Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by Regulation (EC) No 1/2003 (3), and in particular Article 15(2) thereof, Having regard to Council Regulation No 26 of 4 April 1962 applying certain rules of competition to production of and trade in agricultural products (%), as amended by Regulation No 49 (4), and in particular Article 2 thereof, Having regard to the Commission decision of 24 June 2002 to initiate proceedings in this case, Having given the undertakings concerned the opportunity of being heard on the matters to which the Commission has taken objection, in accordance with Article 19(1) of Regulation No 17 and Article 2 of 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 (%), Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Having regard to the final report of the Hearing Officer in this case (), Whereas: 1 13,21.2.1962, p. 204/62. () 0 () OJL1,4.1.2003, p. 1. (3 0J 30,20.4.1962, p. 993/62. (% 0J53,1.7.1962, p. 1571/62. (%) OJL 354,30.12.1998, p. 18. (6 OJ C 195, 19.8.2003. 1. THE FACTS 1.1. Subject of the case and procedure This Decision relates to a written agreement, dated 24 October 2001, concluded between six French feder- ations in order to set a minimum purchase price for certain categories of cattle and suspend imports of beef into France. Four of the federations which signed the agreement represent cattle farmers: the Fédération nationale des syndicats d’exploitants agricoles (FNSEA), the Fédération nationale bovine (FNB), the Fédération nationale des producteurs de lait (FNPL) and the Jeunes agriculteurs (JA, formerly the Centre national des jeunes agriculteurs or CNJA). The two other federations which signed the agreement represent cattle slaughterers: the Fédération nationale de I'industrie et des commerces en gros des viandes (FNICGV) and the Fédération nationale de la coopération bétail et viande (FNCBV). This Decision also relates to the verbal agreement concluded at the end of November and beginning of December 2001 between the same parties and having the same object, applicable following the expiry of the agreement concluded on 24 October 2001. On 30 October 2001, having learned of the signature of the agreement of 24 October 2001, the Commission wrote to the French Permanent Representative to the European Union requesting further information on the agreement and on the involvement of the French State. A reply was received by letter dated 9 November 2001.