Source: EURLEX
Language: en
Format: md

# No C 185 / 12 EN Official Journal of the European Communities 18 . 6 . 97

53 . As regards any inland elements of the Arrangements

which may fall within the scope of Regulation

( EEC ) No 1017 / 68, the Parties submit that the
number of carrier haulage movements carried out by
them between Member States represents an
significant proportion of the total volume of goods
moving between Member States and conclude that
the Arrangements do not make it possible for the
Parties to eliminate competition in respect of a
substantial part of any such transport market .

Regulation ( EEC ) No 1017 / 68, the Commission
invites interested parties to send their comments
within 30 days from the date of publication of this
notice, quoting reference IV / 36.282 to :

European Commission,
Directorate-General for Competition,
Services,
Transport & Transport Infrastructure,
Rue de la Loi / Wetstraat 200,
B-1049 Brussels,
Fax : ( 32 2 ) 296 98 12 ;

VII . NOTICE
X.400 : G = David ; S=Wood ; 0 = DG4 ; P = CEC ;
A=RTT ; C=BE

54 . This notice is issued pursuant to the procedure Internet : david.wood@dg4.cec.be
established by Article 12 of Regulation ( EEC ) No or
4056 / 86 and Article 12 of Regulation ( EEC ) No X.400 : G = Eric ; S=VAN

1017 / 68 . In accordance with Article 12 ( 2 ) of Regu ­
lation ( EEC ) No 4056 / 86 and Article 12 ( 2 ) of

X.400 : G = Eric ; S=VAN GINDERACHTER,
0 = DG4 ; P = CEC ; A = RTT ; C = BE
Internet : eric.vanginderachter @ dg4 . cec.be

## Notice pursuant to Article 19 ( 3 ) of Council Regulation No 17 concerning case No IV / 35.742

— F / 2 — Eucar

( 97 / C 185 / 05 )

( Text with EEA relevance )

I. Notification will be a forum for the initiation, discussion and
approval of joint research projects . By this cooperation
the parties intend to improve the competitiveness of the

On 2 October 1995 the Commission received, pursuant European automotive industry and to enhance environ ­
to Articles 2 and 4 of Council Regulation No 1 7 ('), a mental sustainability .

On 2 October 1995 the Commission received, pursuant
to Articles 2 and 4 of Council Regulation No 1 7 ('), a
formal notification of the agreement ' Eucar — European
Council for Automotive Research and Development '
between several groups of automobile manufacturers in
the European Union .

Since 1 January 1995 the members of the Eucar
association represent the following groups : Opel, BMW
( including Rover ), Mercedes, Fiat, Ford, Peugeot
( including Citroen ), Porsche, Renault, VW and Volvo .

Eucar will have a number of bodies to monitor the devel ­
opment of the projects and to discuss new fields of
activity .

III . The market

The results of the research will affect four product
categories : passenger cars, light trucks, heavy trucks and
II . The purpose of the agreement buses .

On 27 May 1994 the abovementioned European car
manufacturers agreed on the establishment of Eucar to
extend the formerly existing and notified Joint Research
Committee Agreement . The purpose of Eucar is to
strengthen the parties ' research efforts with regard to
economic, technological and environmental challenges . It

However, research under the Eucar Agreement is of a
general nature, in particular basic research, so the results
obtained will not be directly applied for commercial use
on specific vehicles .

For the present case, which relates to R&D projects, the
o OJ No 13, 21 . 2 . 1962, p . 204 / 62 . parties have considered as the geographic market the

18 . 6 . 97 1 EN | Official Journal of the European Communities No C 185 / 13

overall European market . The precise definition of the
relevant geographic market can be left open for the
evaluation of the present case .

In the four product categories the parties have important
market positions .

IV . The agreements

The parties intend to enter into new cooperative
activities and to streamline existing cooperative projects .
Therefore Eucar shall promote and carry out projects
relating to the automotive sector and in particular in
research, standardization, advanced engineering and
development of basic products, processes and systems .

The parties to the Eucar Agreement shall strive to take
decisions by consensus . If this is not possible the
favourable vote of three quarters of the parties is
required . The admission of new parties to Eucar requires
the consent of all parties .

Participants of projects have to reside in more than one
European country . An outline of any new project shall
be proposed to all the other parties . Participation in a
project can be opened to suppliers and research insti ­
tutions . The participants have to give unanimous consent
for any decision concerning a project .

Before the start of a given project all relevant
information and intellectual property rights owned by
the participants ( called background ) shall be
communicated free of charge to the other participants
involved in the project . In respect of the commercial util ­
ization of the results of such projects the use of back ­
ground intellectual property rights by other participants
is provided for on reasonable terms .

The information and intellectual property rights resulting
from the research and development activities ( called
foreground ) shall be available free of charge to all
participants for commercial utilization of the project 's
results .

Any participant being a member of a group whose
controlling interests are located outside the European
Economic Area shall be bound not to utilize through any
affiliate located outside the EEA any results from
projects for a period of two years from completion of
the said project unless there is unanimous consent from
all participants .

possible after a notice period of 90 days . The participants
shall share equally all expenses of the project .

If through one participant a project is accepted as a
research contract with the European Union and is
assisted by EU funding all the participants shall be bound
by the same obligations towards the European Union .

The Eucar Agreement is for an initial term of five years

and thereafter from year to year unless terminated by 12
months ' notice .

The Agreement sets up several institutions, functioning
under a general secretary . The most important are :

— the Council : which defines the strategic plans and

priorities for R&D programmes and monitors the
overall status of projects ; it consists of two represen ­
tatives for each of the parties,

— the Coordination Committee : which prepares the

groundwork for cooperative projects in R&D,
identifies matters of importance for the Council and
monitors projects .

At the request of the Commission 's services the members
of Eucar have confirmed that they would provide the
Commission, on a regular basis, with a list of projects
engaged in pursuant to the Agreement . If in a specific
case the individual agreement between partners in a
research project would lead to a joint exploitation of the
results of the research including appreciable restrictions
of competition, such an agreement would be notified
under the existing Community rules ( 1 ).

V. The Commission's intentions

In this case the Commission intends to take a favourable
position . Before doing so, the Commission invites
interested third parties to send their observations within
one month from the date of publication of this notice to
the following address, quoting the reference IV / 35.742
— F / 2 — Eucar :

European Commission
Directorate-General for Competition,
Directorate F : Capital and consumer goods industries
Rue de la Loi / Wetstraat 200,
B-1049 Brussels .

Inventions made by the participants during the course of
the project are protected ; withdrawal from a project is 0 ) OJ No L 377, 31 . 12 . 1994, p . 28 .