31.12. 88 Official Journal of the European Communities No L 376/1 (Acts whose publication is obligatory) COMMISSION REGULATION (EEC) No 4260/88 i 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 85 and 86 of the Treaty to maritime transport THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic 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 maritime transport (1), and in particular Article 26 thereof, Having regard to the opinion of the Advisory Committee on Agreements and Dominant Positions in the field of Maritime Transport. Whereas, pursuant to Article 26 of Regulation (EEC) No 4056/86, the Commission is empowered to adopt implementing provisions concerning the scope of the obligation of communication pursuant to Article 5 (5), the form, content and other details of complaints pursuant to Article 10 and of applications pursuant to Article 12 and the hearings provided for in Article 23 (1) and (2) of that Regulation; Whereas the obligation of communication to the Commission of awards at arbitration and recommendations by conciliators provided for in Article 5 (5) of Regulation (EEC) No 4056/86 concerns the settlement of disputes relating to the practices of conferences referred to in Articles 4 and 5 (2) and (3) of that Regulation; whereas it seems appropriate to make the procedure for this notification as simple as possible; whereas it is appropriate, therefore, to provide for notifications to be made in writing, attaching the documents containing the text of the awards and recommendations concerned; Whereas complaints pursuant to Article 10. of Regulation (EEC) No 4056/86 may make it easier for the Commission to take action for infringement of Articles 85 and 86 of the EEC Treaty in the field of maritime transport; whereas it would consequently seem appropriate to make the procedure (*) O) No L 378, 31. 12. 1986, p. 4. for submitting complaints as simple as possible; whereasitis - appropriate, therefore, to provide for complaints to be submitted in one written copy, the form, content and details being left to the discretion of the complainants; Whereas the submission of the applications pursuant to Article 12 of Regulation (EEC) No 4056/86 may have important legal consequences for each undertaking which is 2 party to an agreement, decision or concerted practice; whereas each undertaking should, therefore, have the right to submit such applications to the Commission; whereas, on’ the other hand, if an undertaking makes use of that right, it must so inform the other undertakings which are parties to the agreement, decision or concerted practice, in order that they may protect their interests; Whereas it is for the undertakings and associations of undertakings to inform the Commission of the facts and circumstances in support of the applications submitted in accordance with Artlcle 12 of Regulation (EEC) No 4056/86; Whereas it is desirable to prescribe that forms be used for applications in order, in the interest of all concerned, to simplify and expedite examination thereof by the competent departments; Whereas in most cases the Commission will in the course of the procedure for the hearings provided for in Article 23 (1) and (2) of Regulation (EEC) No 4056/ 86 already be in close touch with the participating undertakings or associations of undertakings and they will accordingly have the opportunity of making known their views regarding the objections raised | against them; : Whereas in accordance with Article 23 (1) and (2) of Regulation (EEC) No 4056/86 and with the rights of the defence, the undertakings and associations of undertakings concerned must have the right on conclusion of the procedure