# EUR-Lex - 11994NN01/03/B - EN

Avis juridique important

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# 11994NN01/03/B

**ACT concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded, ANNEX I - List referred to in Article 29 of the Act of Accession - III. COMPETITION - B. PROCEDURAL REGULATIONS **

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Official Journal C 241 , 29/08/1994 P. 0057 *

B. PROCEDURAL REGULATIONS

1. 362 R 0017: First Council Regulation No 17 of 6 February 1962 implementing Articles 85 and 86 of the Treaty (OJ No 13, 21.2.1962, p. 204/62), as amended by:

- 362 R 0059: Council Regulation No 59 of 3 July 1962 (OJ No 58, 10.7.1962, p. 1655/62),

- 363 R 0118: Council Regulation No 118/63/EEC of 5 November 1963 (OJ No 162, 7.11.1963, p. 2696/63),

- 371 R 2822: Council Regulation (EEC) No 2822/71 of 20 December 1971 (OJ No 285, 29.12.1971, p. 49),

- 172 B: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Kingdom of Denmark, Ireland and the United Kingdom (OJ No L 73, 27.3.1972, p. 14),

- 179 H: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Hellenic Republic (OJ No L 291, 19.11.1979, p. 17),

- 185 I: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 23).

The following paragraph is added to Article 25:

'6. The provisions of paragraphs 1 to 4 still apply in the same way in the case of the accession of Austria, Finland, Norway and Sweden. However, they do not apply to agreements, decisions and concerted practices which at the date of accession already fall under Article 53 of the EEA Agreement.`

2. 368 R 1017: Council Regulation (EEC) No 1017/68 of 19 July 1968 applying rules of competition to transport by rail, road and inland waterway (OJ No L 175, 23.7.1968, p. 1), as amended by:

- 172 B: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Kingdom of Denmark, Ireland and the United Kingdom (OJ No L 73, 27.3.1972, p. 14),

- 179 H: Act concerning the conditions of accession and the adjustments to the Treaties - Accession of the Hellenic Republic (OJ No L 292, 19.11.1979, p. 17).

In Article 30:

- paragraph 3 is supplemented by the following subparagraph:

'The prohibition in Article 85 (1) of the Treaty shall not apply to agreements, decisions and concerted practices which were in existence at the date of accession of Austria, Finland, Norway and Sweden and which, by reason of that accession, fall within the scope of Article 85 (1) if, within six months from the date of accession, they are so amended that they comply with the conditions laid down in Articles 4 and 5 of this Regulation. This subparagraph does not apply to agreements, decisions and concerted practices which at the date of accession already fall under Article 53 (1) of the EEA Agreement.`.

3. 386 R 4056: 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 maritime transport (OJ No L 378, 31.12.1986, p. 4).

The following Article is inserted:

'Article 26a

The prohibition in Article 85 (1) of the Treaty shall not apply to agreements, decisions and concerted practices which were in existence at the date of accession of Austria, Finland, Norway and Sweden and which, by reason of that accession, fall within the scope of Article 85 (1) if, within six months from the date of accession, they are so amended that they comply with the conditions laid down in Articles 3 to 6 of this Regulation. However, this Article shall not apply to agreements, decisions and concerted practices which at the date of accession already fall under Article 53 (1) of the EEA Agreement.`.

4. 389 R 4064: Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (OJ No L 395, 30.12.1989, p. 1), as corrected by OJ No L 257, 21.9.1990, p. 13.

The following paragraph is added to Article 25:

'3. As regards concentrations to which this Regulation applies by virtue of accession, the date of accession shall be substituted for the date of entry into force of this Regulation. The provision of paragraph 2, second alternative, applies in the same way to proceedings initiated by a competition authority of the new Member States or by the EFTA Surveillance Authority.`