6. 5. 92 Official Journal of the European Communities No L 121/45 COMMISSION DECISION of 6 April 1992 imposing a fine pursuant to Article 19 of Council Regulation (EEC) No 4056/86 (IV/32.448 and 1V/32.450) — Ukwal (Only the English text is authentic) (92/237/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, 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 19 thereof, After consultation with the Advisory Committee on restrictive practices and dominant positions in maritime transport, Whereas : I. THE FACTS (1)  United Kingdom West Africa Lines Joint Service (Ukwal) is a liner conference whose secretariat is at the following address : Room 193, India Buildings, Water Street, UK-Liverpool L2 ORR. Ukwal - groups together shipping lines which provide scheduled liner services between ports situ- ated in the United Kingdom and Ireland on the one hand and West Africa on the other (from Nouadhibou to Mocamedes). In December 1988 (most recent data available to the Commission), the shipping lines in question were : — Elder Dempster Ltd, — Palm Line Ltd, — The Guinea Gulf Line Ltd, — State Shipping Corporation (Black Star Line), — The Nigerian National Shipping Line Ltd, — Compagnie maritime zairoise, — Société ivoirienne de transport maritime, — Nigerian Green Lines Ltd, — Cameroon Shipping Lines BA, () OJ No L 378, 31. 12. 1986, p. 4. 2) 3) “4) — Compagnie beninoise de navigation maritime, — Providence Liner Shipping Inc. In 1987, the Commission received a number of complaints under Article 10 of Regulation (EEC) No 4056/86 and which concerned shipping trades between Europe and West and Central Africa. The trades include those in the geographical area covered by the activities of Ukwal. The identity of the complainants and the subject of their complaints are set out in the Commission Decision of 26 June referred to below. Following a preliminary examination of the complaints, the Commission considered that if the alleged facts should prove to be true ‘the conduct of Ukwal’ could : — be incompatible with Article 85 (3) of the EEC treaty and might consequently prompt the Commission to withdraw the block exemption provided for in Regulation (EEC) No 4056/86 in accordance with Article 7 (2) of that Regula- tion in respect of the liner conference in the sphere of activities in which the alleged facts had been established, — constitute an infringement of the provisions of Article 86 of the Treaty. In order to establish whether the facts were true, and to obtain additional information and any available evidence, the Commission considered it necessary that a simultaneous investigation should be made at the offices of three Euro-African ship- ping conferences, including Ukwal. Because of the serious nature of the presumed infringements and the risk of any evidence disap- pearing, the Commission also considered that an investigation without prior notice should be carried out in accordance with Article 18 (3) of Regulation (EEC) No 4056/86. On 26 June 1989 the Commission adopted a Deci- sion under Article 18 (3) of Regulation (EEC) No 4056/86 requiring Ukwal to submit to an inves- tigation to enable the Commission to establish whether :