No L 311/36 Official Journal of the European Communities 17. 11. 88 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 24 October 1988 relating to a proceeding under Article 85 of the EEC Treaty (IV/32.437/8 — Eurotunnel) (Only the English and French texts are authentic) (88/568/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Gouncil Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of Treaty ("), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 2 thereof, Having regard to the notification and application for negative clearance submitted on 30 September 1987 by Channel Tunpel Group Ltd, France Manche SA and others concerning a construction contract and a maitre d'oenvre contract for the building of a rail tunnel beneath the Channel, Having regard to the summary of the notiﬁcation published (9 pursuant to Article 19 (3) of Regulation No 17, ) After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : I. THE FACTS (1)  On 30 September 1987, the Commission registered requests on behalf of Burotunnel (ET) for a negative clearance, or alternatively an exemption, in respect () OJ No 13, 21. 2. 1962, p. 204/62. ) OJ No C 150, 8. 6. 1988, p. 2. of two agreements entered into by Channel Tunnel Group Ltd (CTG) and France Manche SA (FM) trading in partnership under English law and as a société en participation according to French law, under the name Eurotunnel. These agreements _ have been concluded in connection with the construction of a tunnel under the Channel to link Britain and France. They comprise a ‘construction contract’ and a ‘maitre d'oenvre contract’ dated 13 August 1986. The former was amended on 2§ September 1986, 27 January 1987 and 5 November 1987. 2 In April 1985, the United Kingdom and French governments jointly issued an ‘Invitation to Promoters’ calling for bids to construct, finance and operate a fixed link across the Channel. A notice to this effect was published in the Official Journal of the European Communities(®). Several qualifying bids were made and in January 1986 the project ~ put forward by CTG and FM was selected by the governments. (3) On 12 February 1986 the governments signed a Treaty providing for the Tunnel and on 14 March 1986 they entered into a S55-year concession agreement with CTG and FM to build and operate a twin-bore rail tunnel and service tunnel under the Channel, together with terminals and ancillary facilities. The two undertakings were set up solely to bid for and act under the concession. () OJ No S 172, 7. 9. 1985, p. 5.