31. 12, 94. “Official Journal of the European Communities No L 378/17 COMMISSION DECISION of 21 December 1994 relating to a proceeding pursuant to Article 85 of the EC Treaty {IV/33.218 — Far Eastern Freight Conference) (Only the Danish, German, English, French, Italian and Dutch texts are authentic) (Text with EEA relevance) (94/985/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, , 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 Greece, and in particular Articles 2, 5 and 11 (1) 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 maritime transport (3), and in particular Articles 3 and 11 (1) thereof, Haviﬁg regard to the complaint lodged pursuant to Article 10 of Regulation (EEC) No 1017/68, Having regard to the Commission Decision of 18 December 1992 to initiate proceedings in this case, Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission and to present any other comments in accordance with Article 26 of Regulation (EEC) No 1017/68 and with 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 (3), Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions in the Transport Industry on 23 November 1994, Whereas: (') OJ No L 175, 23. 7. 1968, p. 1 (Special Edition 1968 I, p. 302). ‘ (3) OJ No L 378, 31. 12. 1986, p. 4. () O] No L 209, 21. 8. 1969, p. 11. (1) THE FACTS I. The complaint On 28 April 1989, the Commission received a complaint from the Bundesverband der Deutschen Industrie (BDI), the Deutscher Industrie- und Handelstag (DIHT) and the Bundesverband des Deutschen Gross- und Aussenhandels (BGA), the sponsoring  organizations of the Deutsche Seeverladerkomitee (DSVK or German Shippers’ Council), concerning certain price-fixing activities of the members of the Far Eastern Freight Conference (FEFC) relating to multimodal transport. The Annex contains a list of the members of the FEFC. (The Commission was informed on 21 November 1994 that Lloyd Triestino had ceased to be a member of the FEFC on 31 January 1994 and that Croatia Line had ceased to be a member of the FEFC on 28 May 1994.) ' The complainants listed the following five elements as making up a door-to-door, or multimodal, transport service: {(a) inland transport to the port; (b) cargo handling in the port (transfer from the mode of inland transport to the vessel); ¢) sea transport (maritime transport from one P port to another); (d) cargo handling in the port of destination (transfer from the vessel to the mode of inland transport); (e) inland transport from the port of destination to the place of final destination. The BDI/DSVK complained that the block exemption for liner conferences, contained in Article 3 of Regulation (EEC) No 4056/86, covered only the third of these five elements, namely sea transport, but that the members of the FEFC agreed between themselves prices not only for sea transport but also for inland transport and cargo handling operations. :