7.1. 87 Official Journal of the European Communities No L §5/13 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 4 December 1986 in proceedings under Article 85 of the EEC Treaty (IV/31.055 — ENI/Montedison) (Only the Italian text is authentic) (87/3/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 amended by the Act of Accession of Spain and Portugal, and in particular Articles 6 and 8 thereof, Having regard to the application for negative clearance - and the notification for exemption, submitted under Articles 2 and 4 of Regulation No 17 on 19 October 1983 by Ente Nazionale Idrocarburi, Rome (ENI’) and Montedison SpA, Milan (Montedison’), concerning a set of agreements between them which had come into effect on 17 March and 27 September 1983, Having regard to the summary of the application and notification published (¥ pursuant to Article 19 (3) of " Regulation No 17, After consulting the Advisory Committee for Restrictive Practices and Dominant Positions, Whereas : I. THE FACTS A. Subject of the Decision (1) This Decision concerns a set of agreements between ENI and Montedison under which they transferred to one-another part of their basic () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No C 199, 8. 8. 1986, p. 4. @ G chemicals and thermoplastics businesses and a number of further agreements concerning supply and plant operation arrangements and licensing of patents and know-how. The Decision also concerns agreements between ENI and Monte- dison to shut down, reduce the capacity of, or convert certain plants or facilities. B. The undertakings ENI is the Italian state holding company for the energy sector. It was originally set up to explore and develop domestic oil and gas reserves as a contribution to supplying the country’s energy needs. Later it expanded its activites on a multi- national scale into all parts of the energy and related sectors, including petrochemicals (run by the subsidiary Enichem). ENI's consolidated turnover in 1982, when the agreements in ques- tion were signed, was Lit 37 228 billion (approxi- mately 28,50 billion ECU). Montedison is a diversified privately-owned Italian group whose traditional core businesses are in the chemical and pharmaceutical indus- tries. It has a worldwide sales organization and production facilities in several countries. Monte- dison has recently been engaged in a major restructuring of its activities, of which the opera- tions concerned by the present agreements are an important part. The group’s turnover in 1982 was approximately Lit 9 019 billion (approxima- tely 7 billion ECU).