20.10.2000 Official Journal of the European Communities L 268/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 16 May 2000 relating to a proceeding pursuant to Article 81 of the EC Treaty (IV/34.018 — Far East Trade Tariff Charges and Surcharges Agreement (FETTCSA)) (notified under document number C(2000) 1170) (Only the Danish, English, French and German texts are authentic) (2000/627EC) 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 (1), as last amended by Regulation (EC) No 12161999 (3), and in particular Article 3(1) and Article 15(2) thereof, 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 Austria, Finland and Sweden, and in particular Article 11(1) and Article 22(2) 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 Article 11(1) and Article 19(2) thereof, Having regard to the Commission's decision of 19 April 1994 to initiate proceedings in this case, () OJ 13, 21.2.1962, p. 204/62. () OJ L 148, 15.6.1999, p. 5. () OJ L 175, 23.7.1968, p. 1. (*) OJ L 378, 31.12.1986, p. 4. Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission and to present any other comments in accordance with Article 19 of Regulation No 17, Article 26 of Regulation (EEC) No 1017/68, Article 23 of Regulation (EEC) No 4056/86 and Commission Regulation (EC) No 2842/98 of 22 December 1998 on the hearing of parties in certain proceedings under Articles 85 and 86 of the EC Treaty (%), Having consulted the Advisory Committee on Restrictive Practices and Monopolies, the Advisory Committee on Restrictive Practices and Monopolies in the Transport Industry and the Advisory Committee on Agreements and Dominant Positions in Maritime Transport, Whereas: SUMMARY (1) In this Decision, the Commission finds that the parties to the Far East Trade Tariff Charges and Surcharges Agreement (FETTCSA) infringed Article 81(1) of the EC Treaty and Article 2 of Regulation (EEC) No 1017/68 by agreeing not to discount from published tariffs for () O] L 354, 30.12.1998, p. 18. Before the entry into force of Regulation (EC) No 2842/98, the Commission followed the procedure provided for in Commission Regulations No 99/63/EEC, (EEC) No 1630/69 and (EEC) No 4260/88.