31.1.2003 Official Journal of the European Communities L 26/53 COMMISSION COMMISSION DECISION of 14 November 2002 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/37.396/D2 — Revised TACA) (notified under document number C(2002) 4349) (Only the English text is authentic) (Text with EEA relevance) (2003/68/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 Regulation (EC) No 1216/1999 (3), and in particular Article 4(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 (), as amended by the Act of Accession of Austria, Finland and Sweden, and in particular the second subparagraph of Article 12(4) thereof, Having regard to the summary of the application () published pursuant to Article 12(2) of Regulation (EEC) No 4056/86 and Article 12(2) of Council Regulation (EEC) No 1017/68 of 19 July 1968 applying rules of competition to transport by rail, road and inland waterway (°), as amended by the Act of Accession of Austria, Finland and Sweden, Having regard to the Commission's letter of 4 August 1999 notifying the parties in accordance with Article 12(3) of Regulation (EEC) No 4056/86 that there were serious doubts as to the applicability of Article 81(3) to the notified agreement, Having regard to the summary of the notified agreement (°) published pursuant to Article 23(3) of Regula- tion (EEC) No 4056/86 and Article 19(3) of Regulation No 17, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions and the Advisory Committee on Restrictive Practices and Dominant Positions in Maritime Transport, Whereas: 1 () O] 13, 21.2.1962, p. 204/62. () OJ L 148, 15.6.1999, p. 5. () OJ L 378, 31.12.1986, p. 4. () 0] C 125, 6.5.1999, p. 6. () 0] () O ) OJ L 175, 23.7.1968, p. 1. C 335, 29.11.2001, p. 12. 6