No L 73/38 Official Journal of the European Communities 26. 3. 93 (Acts whose publication is not obligatory) COMMISSION i - COMMISSION DECISION : ' . - of 24 February 1993 relating to a proceeding under Article 85 of the EEC Treaty (IV/34.494 — Tariff structures in the combined transport of goods) (93/174/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1017/68 of 19 July 1968 applying rules of competition to transport _ by rail, road and inland waterway ('), as amended by the Act of Accession of Greece, Having regard to the publication(?) of the essential contents of the agreement in question in accordance with Atrticle 26 (3) of Regulation (EEC) No 1017/68, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions in the field of trans- port, Whereas : L. THE FACTS A. Characteristics of the combined transport industry (1) Railway companies only exceptionally sell combined transport services direct to consignors. (20 In the vast majority of cases, combined transport services are sold to consignors by specialized opera- () OJ No L 175, 23. 7. 1968, p. 1. () OJ No C 195, 1. 8. 1992, p. 3. &) “) ) ©® ‘tors which may be subsidiaries of railway com- panies or independent companies. Operators purchase from the railway companies a rail haulage service which comprises the supply of a locomotive and access to infrastructures. Up to 31 December 1992 each national railway company held a complete legal monopoly to supply such services on the infrastructures it owns or which it was licensed to use exclusively by the national authorities. . Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways () was implemented on 1 January 1993. Article 10 (2) of the Directive states that ‘railway undertakings within the scope of Article 2 shall be granted access on equitable conditions to the infrastructure in the other Member States for the purpose of operating international combined transport goods services’. ‘ Pursuant to Articles 2 and 3 of Directive 91/440/EEC, ‘railway undertaking’ means any undertaking, established or to be established in a Member State, which has the means to provide rail haulage, the concept of haulage not necessarily implying ownership of the haulage equipment or the use of the undertaking’s own workforce. () OJ No L 237, 24. 8. 1991, p. 25.