14. 8. 90 Official Journal of the European Communities No L 219/§ COMMISSION REGULATION (EEC) No 2367/90 of 25 July 1990 on the notifications, time limits and hearings provided for in Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control .of concentrations. between undertakings ('), and in particular Article 23 thereof, Having regard to Council Regulation.No 17 of 6 February. 1962, First Regulation implementing ‘Articles 85 and 86 of the Treaty (3, 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 competition to transport by rail, road and inland waterway (*); as last amended by the Act of Accession of Spain and Portugal, and in parti- cular Article 29 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 mari- time transport (*), and in particular Article 26 thereof, Having regard to Council Regulation (EEC) No 3975/87 of 14 December 1987 laying down detailed rules for the application of the competition rules to undertakings in air transport (%), and in particular Article 19 thereof, Having consulted the Advisory Committee on Concentra- tions, as well as the Advisory Committees on Restrictive Practices and Monopolies .in the Transport Industry, in Maritime Transport and -in Air Transport, 1. Whereas Article 23 of Regulation (EEC) No 4064/89 empowers the Commission to adopt implementing provisions concerning the form, content and other details -of notifications pursuant to Article 4, time limits pursuant-to Article 10, and hearings pursuant to Article 18 ;- 2. Whereas Regulation (EEC) No-4064/89 is based on the principle of compulsory notification of concentra- tions before they.are put into effect; hereas, on the one hand, a notification has important legal conse- quences which are favourable to the parties, while, on the other hand, failure to comply with the obligation () OJ No L 395, 30. 12. 1989, p. 1. () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No L 175, 23. 7. 1968, p. 1. () OJ No L 378, 31. 12. 1986, p. 4. () OJ No L 374, 31. 12. 1987, p. 1. to notify renders the parties liable to a fine and may also entail civil law disadvantages for them ; whereas it is therefore necessary in the interests of legal certainty to define precisely the subject matter and content of the information to be provided in the noti- fication ; 3. Whereas it is for the parties concerned to make full and honest disclosure to the Commission of the facts and circumstances” which are relevant for taking a decision on. the netified concentration ; 4. Whereas in order to simplify and expedite examina- tion of the notification it is desirable to prescribe that a form be used; 5. Whereas since notification sets in motion legal time limits for initiating proceedings and for decisions, the conditions governing such-time limits and the time when they become effective must also be deter- mined ; 6. Whereas rules must be laid down in the interests of legal certainty for calculating the time limits provided for-in Regulation (EEC) No 4064/89 ; whereas in particular the beginning and end of the period and the circumstances: suspending the running of the period must be determined ; whereas the provisions should be -based on the principles of Regulation (EEC, Euratom) No 1182/71-of 3 June 1971 determi- ning the rules applicable to periods, dates and time limits (%), subject to certain adaptations' made neces- sary by the exceptionally short legal time " limits referred to above ; 7. Whereas the provisions relating to the Commission’s- procedure must be-framed in such way as to safe- guard fully the right to be heard and the rights of defence ; ' 8. Whereas the Commission will give the parties. concerned, if they so request, an opportunity before notification to discuss the intended concentration informally and in strict confidence ; whereas in addi- tion it will, after notification, maintain close centact with the parties concerned to the extent necessary to discuss with them any practical or legal problems which it discovers on a first examination of the case and if possible to remove such problems by mutual agreement ; () OJ No L 124, 8. 6. 1971, p. 1.