COMMISSION REGULATION (EC) No 3666/93 of 15 December 1993 amending Regulation No 27 and Regulations (EEC) No 1629/69, (EEC) No 4260/88, (EEC) No 4261/88 and (EEC) No 2367/90 with a view to implementing the competition provisions laid down in the Agreement on the European Economic Area
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to Council Regulation No 17 first Regulation implementing Articles 85 and 86 of the Treaty of 6 February 1962 (1), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 24 thereof,
Having regard to Council Regulation (EEC) No 1017/68 of 19 July 1968 applying rules of competiton to transport by rail, road and inland waterway (2), as last amended by the Act of Accession of Greece, and in particular Article 29 thereof,
Having regard to Council Regulation (EEC) No 4056/86 of 22 December 1986 laying down detailed rules for the application of the Treaty to maritime transport (3), and in particular Article 26 thereof,
Having regard to Council Regulation (EEC) No 3975/87 of 14 December 1987 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector (4), as last amended by Regulation (EEC) No 2410/92 (5), and in particular Article 19 thereof,
Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (6), and in particular Article 23 thereof,
Having consulted the Advisory Committee on Restrictive Practices and Monopolies in the Transport Industry, the Advisory Committee on Agreements and Dominant Positions in the field of Maritime Transport, the Advisory Committee on Agreements and Dominant Positions in Air Transport and the Advisory Committee on Concentrations,
Whereas Regulation No 17 and Regulations (EEC) Nos 1017/68, 4056/86, 3975/87 and 4064/89 empower the Commission to adopt implementing provisions concerning the form, content and other details of applications, notifications and complaints, of which power the Commission has made use in Regulation No 27 (7), as last amended by Regulation 2526/85 (8), and in Regulations (EEC) No 1629/69 (9), (EEC) No 4260/88 (10), (EEC) No 4261/88 (11) and (EEC) No 2367/90 (12);
Whereas with the entry into force of the Agreement on the European Economic Area, and as laid down in the Protocol adjusting the Agreement on the European Economic Area, the Commission will be responsible for the implementation of the competition provisions laid down in that Agreement;
Whereas Protocol 21 to the Agreement on the European Economic Area provides that the Community shall, where necessary, adopt the provisions giving effect to the principles laid down in Article 1 (2) (e) and Articles 53 to 60 of that Agreement;
Whereas to enable the Commission to properly fulfil its obligations under the Agreement on the European Economic Area, it is necessary to modify the provisions relating to the form, content and other details of applications, notifications and complaints in order to simplify and accelerate consideration by the competent departments, in the interests of all concerned,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation No 27 is amended as follows:
1. Article 2 (1) is replaced by the following:
'1. Fifteen copies of each application and notification shall be submitted to the Commission'.
2. The following paragraph 4 is added to Article 2:
'4. Where applications and notifications are made pursuant to Articles 53 and 54 of the Agreement on the European Economic Area, they may also be in one of the official languages of the EFTA States or the working language of the EFTA Surveillance Authority'.
3. The Annex referred to in Article 4 (1) is replaced by Appendix 1 to this Regulation.
4. Form C is replaced by Appendix 1 a to this Regulation.
Article 2
Regulation (EEC) No 1629/69 is amended as follows:
1. Article 3 (5) is replaced by the following:
'5. Fifteen copies of each application or notification and of the supporting documents shall be submitted to the Commission'.
2. The following Article 3a is inserted:
'Article 3a
Where complaints, applications and notifications as provided for in Article 1 (1), Article 3 (1) and Article 3 (2) are made pursuant to Articles 53 and 54 of the Agreement on the European Economic Area, they may also be in one of the official languages of the EFTA States or the working language of the EFTA Surveillance Authority'.
3. The Annex referred to in Article 1 (1), Article 3 (1) and Article 3 (2) is replaced by Appendix 2 to this Regulation.
Article 3
Regulation (EEC) No 4260/88 is amended as follows:
1. Article 4 (4) is replaced by the following:
'4. Fifteen copies of each application and of the supporting documents shall be submitted to the Commission'.
2. The following Article 4a is inserted:
'Article 4a
Where notifications, complaints and applications as provided for in Article 1 (3), Article 2 (1) and Article 4 (6) are made pursuant to Articles 53 and 54 of the Agreement on the European Economic Area, they may also be in one of the official languages of the EFTA States or the working language of the EFTA Surveillance Authority'.
3. The Annex referred to in Article 4 (1) is replaced by Appendix 3 to this Regulation.
Article 4
Regulation (EEC) No 4261/88 is amended as follows:
1. Article 3 (4) is replaced by the following:
'4. Fifteen copies of each application and of the supporting documents shall be submitted to the Commission'.
2. The following Article 3a is inserted:
'Article 3a
Where complaints and applications as provided for in Article 1 (1) and Article 3 (6) are made pursuant to Articles 53 and 54 of the Agreement on the European Economic Area, they may also be in one of the official languages of the EFTA States or the working language of the EFTA Surveillance Authority'.
3. The Annex referred to in Article 3 (1) is replaced by Appendix 4 to this Regulation.
Article 5
Regulation (EEC) No 2367/90 is amended as follows:
1. Article 2 (2) is replaced by the following:
'2. Twenty-one copies of each notification and sixteen copies of the supporting documents shall be submitted to the Commission at the address indicated in form CO'.
2. The following paragraph 5 is added to Article 2:
'5. Where notifications are made pursuant to Article 57 of the Agreement on the European Economic Area, they may also be in one of the official languages of the EFTA States or the working language of the EFTA Surveillance Authority. If the language chosen for the notifications is not an official language of the Community, the notifying parties shall simultaneously supplement all documentation with a translation into an official language of the Community. The language which is chosen for the translation shall determine the language used by the Commission as the language of the proceedings for the notifying parties.'
3. The Annex referred to in Article 2 (1) is replaced by Appendix 5 to this Regulation.
Article 6
This Regulation shall enter into force on the date of entry into force of the Agreement on the European Economic Area.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 December 1993
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