31. 12. %4 Official Journal of the European Communities No L 376/1 (Acts whose publicati’on is not obligatory) COMMISSION COMMISSION DECISION : of 19 October 1994 relating to a proceeding pursuant to Article 85 of the EC Treaty (IV/34.446 — Trans-Atlantic Agreement) (Only the Danish, Dutch, English and German texts are authentic) (94/980/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 Article 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 Article 11 (1) thereof, Having regard to the application submitted on 28 August 1992, pursuant to Article 12 (1) of Regulation (EEC) No 4056/86, by a number of shipping lines and concerning an agreement concluded between them called the Trans-Atlantic Agreement (hereinafter referred to as ‘the TAA’), Having informed the notifying parties by “letter of 24 September 1992, pursuant to Article 4 (8) of Commission Regulation (EEC) No 4260/88 on the communications, complaints and applications and the hearings provided for in Council Regulation (EEC) No 4056/86 (°), as amended by Regulation (EC) (') OJ No L 175, 23. 7. 1968, p. 1. (3) OJ No L 378, 31. 12.'1986, p. 4. ¢®) OJ No L 376, 31. 12. 1988, p. 1. No 3666/93 (%), that it would examine the Agreement under the provisions of Regulation (EEC) No 1017/68 as well, Having regard to the applications for a finding of an infringement lodged pursuant to Article 10 of Regulation (EEC) No 1017/68 and Article 10 of Regulation (EEC) No 4056/86, Having regard to the decision taken by the Commission on 14 April 1993 to initiate proceedings in this case, Having given the undertakings concerned, in accordance with Article 26 (1) of Regulation (EEC) No 1017/68, Article 23 (1) of Regulation (EEC) No 4056/86, the provisions of Commission Regulation (EEC) No 1630/69 of 8 August 1969 on the hearings provided for in Article 26 (1) and (2) of Regulation (EEC) No 1017/68 (5), and the provisions of Regulation (EEC) No 4260/88, the opportunity to make known their views on the objections raised by the Commission, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions (land and maritime transport), Whereas: (*) OJ No L 336, 31. 12. 1993, p. 1. (°) OJ No No L 209, 21. 8. 1969, p. 11.