No L 50/14 Official‘]ogmal of the European Communities 2. 3.93 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 22 December 1992 relating to a proceeding under Article 85 of the Treaty and Article 65 of the ECSC Treaty (IV/33.151 — ‘Jahrhundertvertrag’) (IV/33.997 — VIK-GVSt) (Only the German text is authentic) © (93/126/EEC) THE COMMISSION OF THE EUROP.EAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community and the Treaty estabhshmg the European Coal and Steel Community, " Having regard to Council Regulation No 17 of 6 February 1962, the first Regulation implementing Articles 85 and 86 of the EEC Treaty ('), as last amended by the Act of Accession of Spain and Portugal, and in particular Articles 6 and 8 thereof, Having regard to the applications for negative clearance or exemption submitted on 1 June 1989 and 2 July 1991, by the Gesamtverband des Deutschen Steinkohlenberg- baus pursuant to Articles 2 and 4 of Regulation No 17, Having regard to the summary of the notification published pursuant to Article 19 (3) of Regulation No 173, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions in accordance with Article 10 (3) of Regulation No 17, (go_l No 13, 21. 2. 1962, p. 204/62. 0] No C 159, 29. 6. 1990, p. 7 ; OJ No C 116, 30. 4. 1991, p. 6;0J No C 249, 26. 9. 1992, p. 3. Whereas : ) @ L FACTS A. The ‘Jahrhundertvertrag’ The ‘Jahrhundertvertrag’ (century contract) is a set of agreements by which German electricity- generating utilities and industrial producers of elec- tricity for in-house consumption (auto-generators) have undertaken to purchase a specific amount of German coal up to 1995 for the purpose of genera- ting electricity. The agreements form part of an overall plan to support the German coalmining industry, and their conclusion was actively promoted by the Pederal Minister for Economic Affairs, whose responsibilities include coalmining and energy. The Jahrhundertvertrag is applicable only to companies in the former territory of the Federal Republic of Germany before the accession of the new Linder. This Decision concerns the two agreements which form the basis of the Jahrhundertvertrag. The first is the ‘Supplementary agreement on the sale of German coal up to 1995 concluded on 23 April