No L 31/32 Official Journal of the European Communities 2.2.9 (Acts whose publication is not obligatory) - COMMISSION COMMISSION DECISION of 19 December 1989 relating -to a proceeding under. Article 85 of the EEC Treaty (IV/32.414 — Sugar beet) (Only the French and Dutch texts are authentic) (90/45/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 Article 3 (1) thereof, Having regard to the Commission’s Decision. of 22 - November 1988 to initiate proceedings in this- case, Having given the ‘Confédération des Betteraviers Belges’, ‘La Société Générale des Fabricants de Sucre de Belgique’ and the ‘Raffinerie Tirlemontoise SA’ the opportunity to make known their views on the objections raised by the Commission, pursuant to' Article 19 (1) of Regulation No 17 and to Commission Regulation No 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 heard the ‘Confédération des Betteraviers Belges’, the ‘Société Générale des Fabricants de Sucre de Belgique’ and the ‘Raffinerie Tirlemontoise SA’, in accordance with Article 19 (2) of Regulation No 17 and with Regulation No 99/63/EEC, Having regard to the opinion of the- Advisory Committee on Restrictive Practices and Dominant Positions, () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No 127, 20. 8. 1963, p. 2268/63. Whereas : ) @ &) I. THE FACTS A. The sugar beet market 1. The product This - proceeding " relates to the production and marketing of sugar beet, which is listed under HS code 121291 and which, in the Community, is grown almost exclusively for the manufacture of sugar. The sugar yield of sugar beet depends firstly on its sucrose content, which varies from harvest to harvest, and, secondly, on the refining techniques used and on the quality of the equipment. From one tonne of sugar beet having a sugar content of 16° (average rate for sugar beet grown in Europe), sugar refineries established in -the Community obtain between 125 and 150 kilograms -of sugar. After beet-has been dug up, its sugar content tends to decrease over time. This. is why sugar refineries are always ssited in the beet-growing regions, so as to reduce the time lost before processing and trans- port costs. In general, beet is grown at distances not exceeding about 100 or at the very most 200 kilo- metres from the sugar refinery -in which it is processed.