13. 8. 93 Official Journal of the European Communities No L 203/27 COMMISSION DECISION of 30 June 1993 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/33.407 — CNSD) (Only the Italian text is authentic) (93/438/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 EEC Treaty (), as last amended by the Act of Acces- sion of Spain and Portugal, and in particular Article 3 (1) thereof, Having regard to the application submitted pursuant to Article 3 (2) of Regulation No 17 by the Associazione italiana dei corrieri aerei internazionali (Aicai), Having regard to the Commission decision of 25 September 1991 to initiate proceedings in this case, Having given the association of undertakings known as Consiglio nazionale degli spedizionieri doganali (CNSD) the opportunity to make known its views on the objec- tives raised by the Commission, pursuant to Article 19 (1) of Regulation No 17 and Commission 99/63/EEC of 25 July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regulation No 17 (3, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : I. THE FACTS A. The complaints (1) The Commission received a number of complaints from industrial, commercial and transport enter- prises in the Community. ‘ (2 The complainants complained of certain customs clearance difficulties encountered in Italy in connection with the activity of customs agent. (3)  One of the complaints, lodged by the Associazione italiana dei corrieri aerei internazionali (hereinafter referred to as ‘Aicai’), refers, inter alia, to the deci- - sion of the Consiglio nazionale degli spedizionieri doganali (‘CNSD’) concerning the fixing of the tariff of rates (‘the tariff’) charged by customs agents () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No 127, 20. 8. 1963, p. 2268/63. (4) (6) @) (spedizioniers) for the provision of customs clearance services requested by international couriers. B. The CNSD The business activities of customs agents are regu- lated in Italy by Law No 1612 of 22 December 1960 and the implementing provisions contained in the Ministerial Decree of 10 March 1964 and the Presidential Decree No 43 of 23 January 1973 (Testo unico delle disposizioni legislative in materia doganale). In order to be admitted as a customs agent, it is necessary to satisfy the conditions provided for in the customs legislation in force. In particular, the . Presidential Decree of 23 January 1973 stipulates that the title of customs agent is conferred by an authorization of indefinite duration. Authorization is granted provided candidates satisfy certain requirements and pass an examination which is held usually every three years. The business of customs agent may be carried on either as an employee of an undertaking or inde- pendently, on the agent’s own account. An agent who is an employee of an undertaking must hold an authorization and is entered in a register which is kept and kept up to date by the appropriate departmental Council ; such an agent can represent only his or her employer. In order to carry on the business of customs agent on one’s own account, it is necessary to hold an authorization and to be entered in the national register, which is made up of all the departmental registers (of which there are currently 13: Bari, Bologna, Bolzano, Cagliari, Florence, Genoa, Milan, Naples, Palermo, Rome, Turin, Trieste and Venice). Any agent, whether independent or employed, may operate only within the department for which he or she is authorized. In each department there is a departmental Council, the number of whose members depends on the numbers of persons on the register. Members are elected for two years by the agents on the register. ‘