8. 8. 90 Official Journal of the European Communities No L 209/15 (Acts whose publimtibn is not obligatory) COMMISSION COMMISSION DECISION- of 13 July 1990 relating to a proceeding under Article 85 of the EEC Treaty (IV/32.009 — Elopak/Metal Box — Odin) (Only the English text is authentic) - (90/410/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 17 of-6 February 1962, first Regulation implementing Articles 85 and 86 of the Treaty ('), as last amended by the Act of Accession of Spain and Portugal, and in particular Article- 2 thereof, Having regard to the notification of the agreements herei- nafter mentioned and the application for negative clea- rance jointly submitted on 1 August 1986 by Elopak A/S of Lierstranda, Norway (hereafter ‘Elopak’), Elopak Ltd of Hertfordshire, United Kingdom; Metal Box plc of Berk- shire, United Kingdom (hereafter ‘Metal Box’) and Odin Developments Ltd of Hertfordshire; -United Kingdom (hereafter ‘Odin’) concerning the creation of a joint venture company, Odin, which agreements were made on 23 April 1986 and which mainly comprise a shareholders agreement relating to ‘Odin, two know-how licences and two research and development contracts, - Having regard to. the summary of the notification published-() ‘pursuant to Article 19 (3) of Regulation No- 17, () OJ No 13, 21. 2. 1962, p. 204/62. ‘ () O] No C 215, 13. 8. 1987, p. 3. After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : 1. THE FACTS A. Subject of the Decision (1)  This Decision concerns. agreements between Elopak and Metal Box. The object of the agree- ments is to establish Odin, jointly owned by Elopak and Metal Box, which is to carry out the research and development of a container-with a carton base and separate closure that can be filled by ‘an aseptic process with UHT processed foods. Odin will also develop the machinery and techno- logy for filling these- new containers and if successful undertake production and distribution of. the new containers and their filling machines. (2) The object of the notification was to benefit from the procedure provided for in Article 7 of Commis- sion Regulation (EEC) No 418/85 of 19 December 1984 on the application of Article 85-(3) of the Treaty -to categories of research.and development agreements (%).” Failing - benefit of. such procedure the. parties sought, pursuant -to Articles 2 and 4 of () OJ No L 53, 22. 2. 1985, p. 5.