29.6.1999 Official Journal of the European Communities L 163/61 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 26 January 1999 relating to a proceeding pursuant to Article 85 of the EC Treaty (Case 1V/36.253 — P&O Stena Line) (notified under document number C(1998) 4539) (Only the English text is authentic) (1999/421/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, 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 mari- time transport ('), as last 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, Having regard to the Commission’s notification to the parties of 10 June 1997 that there exist serious doubts within the meaning of Article 12(3) of Regulation (EEC) No 4056/86 as to the applicability of Article 85(3) to the agreement in question, Having regard to the summary of the relevant agreement published (®) pursuant to Article 23(3) of Regulation (EEC) No 4056/86, ¢ ) O OJ L 378, 31.12.1986, p. 4. O] C 80, 13.3.1997, p. 3. O] C 39, 6.2.1998, p. 21. After consulting the Advisory Committee on Agreements and Dominant Positions in Maritime Transport, Whereas: I. THE FACTS 1. The application (1)  On 31 October 1996 The Peninsular and Oriental Steam Navigation Company (‘P&0O’) and Stena Line Limited (Stena) submitted an application to the Commission pursuant to Article 12(1) of Regula- tion (EEC) No 4056/86 for negative clearance under Article 85(1) of the Treaty or, in the altern- ative, exemption under Article 85(3) in respect of a proposed joint venture merging their respective ferry operations on the Short French Sea and Belgian Straits. 2 On 10 December 1996, SeaFrance SA (‘SeaFrance’) submitted a complaint to the Commission against the proposal to create a joint venture.