No L 144/20 Official Journal of the European Communities 9. 6. 94 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 18 May 19%4 relating to a proceeding pursuant to Article 85 of the EC Treaty (IV/33.640 — Exxon/Shell) (Only the English text is authentic) (94/322/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, 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 Articles 6 and 8 thereof, Having regard to the applications for negative clearance and the notification for exemption submitted pursuant to Articles 2 and 4 of Regulation No 17 on 21 November 1991 and 29 May 1992 by Exxon Chemical International Inc. (Belgium) on behalf of all Exxon Chemical affiliates in Europe and on 2 December 1991 and 10 June 1992 by the Shell International Petroleum Company Limited (London, United Kingdom) on behalf of Shell Chimie SA (Rueil-Malmaison, France) and Shell Nederland Chemie BV (Rotterdam, Netherlands), concerning a set of agree- ments between certain chemical companies of the Exxon Group (USA) and certain chemical companies of the Shell Group (Netherlands — United Kingdom), Having regard to the summary of the applications and notifications published (}) pursuant to Article 19 (3) of Regulation No 17, () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No C 92, 2. 4. 1993, p. 2. After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : I. THE FACTS A. Subject of the Decision ()  This Decision concerns a set of agreements between chemical companies of the Exxon and Shell Groups related to establishing, financing, constructing, managing and operating a production joint venture between a French affiliate of the Exxon Group and a French affiliate of the Shell Group. The joint venture is named ‘Compagnie Industri- elle des Polyéthylénes de Normandie’ (Cipen) and is situated at Notre-Dame-de-Gravenchon (NDG) in France, where an Exxon integrated petroleum/ chemical complex is also situated. (2  The principal aim of the joint plant is production of linear low-density polyethylene (LLDPE), but it may also produce high-density polyethylene (HDPE). Both LLDPE and HDPE are covered by the term ‘linear polyethylene’ — to be distin- guished from high-pressure low-density polyethy- lene (LDPE).