31. 12. 94 Official Journal of the European Communities No L 37711 (Acts whose publication is obligatory) COMMISSION REGULATION (EC) No 3384/94 of 21 December 1994 on the notifications, time limits and hearings provided for in Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community and the Agreements on the European Economic Area, Having regard to the Agreement on the FEuropean Economic Area, Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (!), and in particular Article 23 theréof, : 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, 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 Article 29 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 (*), and in particular Article 26 thereof, Having regard to Council Regulation (EEC) No 3975/87 of 14 December 1987 laying down detailed rules for the application of the competition rules to undertakings in (1) OJ No L 395, 30. 12. 1989, p. 1. (3) O] No 13, 21. 2. 1962, p. 204/62. (> O] No L 175, 23. 7. 1968, p. 1.. (*) OJ No L 378, 31. 12. 1986, p. 4. air transport (°), as last amended by Regulation (EEC) No 2410/92 (¢), and in particular Article 19 thereof, Having consulted the Advisory Committee on Concentrations, (1)  Whereas experience in the application of Commission Regulation (EEC) No 2367/90 (7), as amended by Regulation (EC) No 3666/93 (%) which-implements Regulation (EEC) No 4064/89, has shown the need to improve certain procedural aspects thereof, whereas it should therefore be replaced by a new regulation; (2)  Whereas Regulation (EEC) No 4064/89 is based on the principle of compulsory notification of concentrations before they are put into effect; whereas, on the one hand, a notification has important legal consequences which are favourable - to the parties to the concentration plan, while, on the other hand, failure to comply with the obligation to notify renders the parties liable to a fine and may also entail civil law disadvantages for them; whereas it is therefore necessary in the interests of legal certainty to define precisely the subject matter and content of the information to be provided in the notification; (3)  Whereas it is for the notifying parties to make full : and honest disclosure to the Commission of the facts and circumstances which are relevant for taking a decision on the notified concentration; () OJ No L 374, 31. 12. 1987, p. 1. () O] No L 240, 24. 8. 1992, p. 18. (7 O] No L 219, 14. 8. 1990, p. S. ¢ §) OJ No L 336, 31. 12. 1993, p. 7.