7.4.92 Official Journal of the European Communities No L 92/1 (Acts whose publication is not obligatory) COMMISSION 'COMMISSION DECISION of 5 February 1992 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/31.572 and 32.571 — Building and construction industry in the Netherlands) {Only the Dutch text is authentic) (92/204/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 3 (1) thereof, Having regard to the application for negative clearance and the notification seeking exemption, presented pursuant to Articles 2 and 4 of Regulation No 17 on 13 January 1988 by the association  Vereniging van Prijsregelende  Organisaties in° de Bouwnijverheid, Amersfoort, in .respect of the Uniforme Prijsregelende Reglementen of 9 October 1986 issued by that association and the Erecode voor ondernemers in het Bouwbedriff, which was made binding on the undertakings belonging to its member organizations by a decision taken by the association on 3 June 1980, Having regard to the complaint lodged by the municipality of Rotterdam, on 26 July 1989, against the abovementioned association in respect of those rules and regulations, - Having regard to the Commission’s decision of 7 November 1989 to initiate proceedings in the case, Having given the parties concerned the opportunity of being heard on the matters to which the Commission has taken objection and to make known any other observations they might have in accordance with Article 19 (1) of Regulation (1) O] No 13, 21. 2. 1962, p. 204/62. Samenwerkende - No 17 and Commission Regulation No 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Counci! Regulation No 17 (2), Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: I. THE FACTS (1) This proceeding relates to: — the Statutes of the Vereniging van Samenwerkende Prijsregelende Organisaties in de Bouwnijverheid (hereinafter referred to as the ‘SPO?), — the decisions adopted on 9 October 1986 by the SPO and entitled Uniforme Prijsregelende Reglementen and the annexes thereto (hereinafter referred to as the ‘UPR rules’), brought into force on 1 April 1987 and amended on 23 June 1988, — the similar decisions adopted between 1967 and 1979 by each of the 29 member organizations of the SPO and approved by the SPO, which were superseded by the UPR rules, — the SPO’s decision of 3 June 1980 making binding on the undertakings belonging to its member organizations the Erecode voor ondernemers in bet Bouwbedrijf and the annexes thereto (hereinafter referred to as the ‘Code of Honour’), which has remained in force since then. () OJ No 127, 20. 8. 1963, p. 2268/63.