21. 12. 94 Official Journal of the European Communities No L 330/67 COMMISSION DECISION of 12 December 1994 on the terms of reference of hearing officers in competition procedures before : the Commission (Text with EEA relevance) (94/810/ECSC, EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, Having regard to the Treaty establishing the European Community, Whereas the treaties establishing the Communities and the rules implementing those treaties in relation to competition matters provide for the right of the parties concerned and of third parties to be heard before a final decision affecting their interests is taken ; Whereas the Commission must ensure that that right is guaranteed in its competition proceedings ; Whereas it is appropriate to entrust the organization and conduct of the administrative procedures designed to protect the right to be heard to an independent person experienced in competition matters, in the interest of contributing to the objectivity, transparency and effiency of the Commission’s competition proceedings ; Whereas the Commission created the post of Hearing Officer for these purposes in 1982 and laid down his terms of reference ; Whereas it is necessary to adapt and consolidate those terms of reference in the light of subsequent develop- ments in Community law, HAS DECIDED AS FOLLOWS: Article 1 1. The hearings provided for in the provisions imple- menting Articles 65 and 66 of the ECSC Treaty, Articles 85 and 86 of the EC Treaty and Council Regulation (EEC) No 4064/89 (') shall be organized and conducted by the Hearing Officer in accordance with Articles 2 to 10 of this Decision. 2. The implementing provisions referred to in para- graph 1 are: () OJ No L 395, 30. 12. 1989, p. 1 (corrected version O] No L 257, 21. 9. 1990, p. 13). (a) Atticle 36 (1) of the ECSC Treaty; (b) Regulation No 99/63/EEC of the Commission of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regulation No 17 (3; (c) Regulation (EEC) No 1630/69 of the Commission of 8 August 1969 on the hearings provided for in Article 26(1) and (2) of Council Regulation (EEC) No 1017/68 of 19 July 1968 (; (d) Commission Regulation (EEC) No 4260/88 of 16 December 1988 on the communications, complaints and applications and the hearings provided for in Council Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 58 and 86 of the treaty to maritime transport (*); (¢) Commission Regulation (EEC) No 4261/88 of 16 December 1988 on the complaints, applications and hearings provided for in Council Regulation (EEC) No 3975/87 laying down the procedure for the applica- tion of the rules on competition to undertakings in the air transport sector () ; ( Commission Regulation (EEC) No 2367/90 of 25 July 1990, on the notifications, time limits and hearings provided for in Council Regulation (EEC) No 4064/89 on the control of concentrations between under- takings (°). 3. Administratively the Hearing Officer shall belong to the Directorate-General for Competition. To ensure the independence of the Hearing Officer in the performance of his duties, he has the right of direct access, as defined in Article 9, to the Memebr of the Commission with special responsibility for competition. 4. Where the Hearing Officer is unable to act, the Director-General, where appropriate after consultation of the Hearing Officer, shall designate another official, who () OJ No 127, 20. 8. 1963, p. 2268/63. () OJ No L 209, 21. 8. 1969, p. 11. () OJ No L 376, 31. 12. 1988, p. 1. 9 O] No L 376, 31. 12. 1988, p. 10. (9 OJ No L 219, 14. 8. 1990, p. 5.