19.1. 90 Official Journal of the European Communities No L 15/25 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 20 December- 1989 relating to a proceeding under Article 85 of the EEC Treaty (IV/32.265 — Concordato Incendio) (90/25/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 Articles 2, 6 and 8 thereof, Having regard to the notification and application for negative clearance submitted on 4 February 1988 by the Concordato Italiano Incendio Rischi Industriali concer- - ning its articles of association and the agreement which entered into force on 1 January 1988, Having regard to the summary of the notification published (%) pursuant to Article 19 (3) of Regulation No 17, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : I. THE FACTS A. The notification (1) On 4 February. 1988, the Commission was notified- of an agreement which entered into force on 1 January 1988 concerning the activities of a non- () O] No 13, 21. 2. 1962, p. 204/62. () O No C 259, 12. 10. 1989, p. 3. (Only the Italian text is authentic) profit making association between insurance companies known as the ‘Concordato Italiano Incendio Rischi Industriali’. Further. details. were subsequently sent concerning a tariff forthe calcula- tion of required premiums and the general terms and conditions resulting from the activities of the Concordato. The purpose of the ‘notification was to obtain a negative clearance or, failing this, exemption under Article 85 (3) -of the Treaty. At the request of the Commission certain modifica- tions were made to the notified text, in order to replace the obligation to comply the tariff and the conditions of the policy by a recommendation and to guarantee the anonymity of enterprises who having derogated from the general conditions- are obliged to.inform the Concordato. The amended agreement was then approved by a general meeting of the members on 2 May 1988, and is currently being applied. The list of members comprises 28- companies whose -registered place of business is in Italy and which, at the time of the notification, held at least 50 % of the market in the sub-sector of industrial fire insurance and.23 % of the fire insurance sector in general. For example, the four leading members of.the Concordato hold 28 % of the industrial fire insurance market whilst, of the 111 non-members, the four leading companies hold 23 % of the industrial fire insurance market.