L75/32 Official Journal of the European Union 12.3.2004 COMMISSION DECISION of 16 July 2003 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/38.369: T-Mobile Deutschland/O2 Germany: Network Sharing Rahmenvertrag) (notified under document number C(2003) 2432) (Only the German text is authentic) (Text with EEA relevance) (2004/207|CE) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, Having regard to the Agreement on the European Economic Area, 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 Regulation (EC) No 1/ 2003 (2), and in particular Articles 2, 6 and 8 thereof, Having regard to the application for negative clearance and the notification for exemption submitted pursuant to Articles 2 and 4 of Regulation 17 on 6 February 2002, Having regard to the summary of the application and notifi- cation published pursuant to Article 19(3) of Regulation No 17 and to Article 3 of Protocol 21 of the EEA Agreement (3), After consulting the Advisory Committee for Restrictive Practices and Dominant Positions, Having regard to the final report of the Hearing Officer in this case (%), Whereas: 1. INTRODUCTION (1) On 6 February 2002, T-Mobile Deutschland GmbH (T- Mobile) and 02 Germany & Co OHG (02 Germany) 1 2 (1) 0J13,21.1.1962, p. 204. () () () JL1,4.1.2003,p. 1. J C 189, 9.8.2002, p. 22. J C 64, 12.3.2004. 000 4 (formerly VIAG Interkom GmbH) notified to the Com- mission a framework agreement of 20 September 2001 concerning infrastructure sharing and national roaming for the third generation of GSM mobile telecommuni- cations (3G) on the German market (the Agreement). In their notification T-Mobile and O2 Germany (the Parties) have requested either negative clearance under Article 81(1) EC/Article 53(1) EEA, or an exemption under Article 81(3)/Article 53(3) EEA (). (2) In February 2002, the Commission published a first notice summarising the notified agreement and inviting third party comments(®). This was followed in August 2002 by a notice published pursuant to Article 19(3) of Regulation 17/62 which set out the Commission’s preliminary position and gave third par- ties an opportunity to provide their comments on the proposed favourable approach (7). In February 2003 a supplementary consultation took place of those third parties who had reacted to the notice published pursuant to Article 19(3) of Regulation 17/62, in relation to certain amendments to the notified agreement. The present Decision represents the final step in the Com- mission’s decision-making procedure. (°) The Commission has also received a related notification from 02 UK Limited (formerly BT-Cellnet Limited) and BT3G Limited, and from T-Mobile UK (formerly One2One Personal Communications Limited) dated 6 February 2002 relating to a 3G Network Deployment and 3G Bilateral Roaming Agreement for the United Kingdom. This agreement is being dealt with separately (Case COMP/38.370 — UK Agreement) and a decision was adopted on 30 April 2003. (6) OJ C53,28.2.2002, p. 18. (7) OJ C189,9.8.2002, p. 22.