CELEX: 51986PC0675
Language: en
Date: 1986-11-21
Title: AMENDED PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE CONTROL OF CONCENTRATIONS

17.12.86                                Official Journal of the European Communities                              No C 324/5
                      Amended proposal for a Council Regulation on the control of concentrations (')
                                                      COM(86) 675 final
              (Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of
                                             the EEC Treaty on 2 December 1986)
                                                        (86/C 324/05)
             The proposal submitted to the Council on 20 July 1973, as amended on 12 February 1982 and
              23 February 1984, is hereby amended as follows:
                     ORIGINAL PROPOSAL                                                    NEW PROPOSAL
                         Article 19                                                          Article 19
    Liaison with the authorities of the Member States                   Liaison with the authorities of the Member States
1.    The Commission shall forthwith transmit to the               1 to 4: Unchanged
competent authorities of the Member States a copy of
the notifications together with the most important
documents lodged with the Commission pursuant to this
Regulation.
2.    The Commission shall carry out the procedure set             5.    Consultation shall take place at a meeting convened
out in this Regulation in close and constant cooperation           at the invitation of the Commission. A summary of the
with the competent authorities of the Member States;               facts, together with the most important documents and a
such authorities shall have the right to express their views       preliminary draft of the decision to be taken, shall be
upon that procedure, and in particular to request the              sent with the invitation. When seeking the opinion of the
Commission to commence proceedings under Article 6.                Advisory Committee, the Commission may set a time
                                                                   limit within which such opinion shall be given.
3.    The Advisory Committee on Restrictive Practices
and Monopolies shall be consulted prior to the taking of
any decision under Articles 3, 13 and 14.
4.    The Advisory Committee shall consist of officials
having responsibility for restrictive practices and
monopolies. Each Member State shall appoint an official
to represent it; he may be replaced by another official
where he is unable to act.
5.    Consultation shall take place, at a meeting
convened at the invitation of the Commission, not earlier
than 14 days following dispatch of the invitation. A
summary of the facts, together with the most important
documents and a preliminary draft of the decision to be
taken, shall be sent with the invitation.
6.    The Committee may deliver an opinion even if                 6.    The Advisory Committee shall not vote on         the
certain members are absent and unrepresented. The                  outcome of its deliberations. However, any of           its
outcome of the consultation shall be annexed to the draft          members may ask for his opinion to be recorded in      the
decision. The minutes shall not be published.                      minutes, which shall be annexed to the draft decision  but
                                                                   shall not be published.
0) OJ No C 92, 31. 10. 1973, p. 1.
 ---pagebreak---  No C 324/6                  -             Official Journal of the European Communities                               17.12.86
                       ORIGINAL PROPOSAL                                                     NEW PROPOSAL
 7.    If a majority of the members of the Advisory                   7 and 8: Deleted.
 Committee opposes the draft Decision under Article 3
 (1), the Commission shall not adopt a decision until a
period of 20 days has elapsed from the date on which
the Advisory Committee was consulted.
 8.    If, within the period laid down in the preceding
paragraph, a Member State raises in the Council an
objective which in its opinion should be considered as
having priority, within the meaning of Article 1 (3), the
Council shall meet within 30 days of the date of the
request made by the Member State concerned. In that
case the Commission shall take no decision until after
the Council meeting, and shall take account of the policy
guidelines which emerged in the course of the Council's
deliberations.
               Amended proposal for a Council Regulation laying down detailed rules for the application of
                                    Articles 85 and 86 of the Treaty to maritime transport (')
                                                         COM(86) 676 final
               (Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of
                                               the EEC Treaty on 2 December 1986)
                                                           (86/C 324/06)
              The proposal submitted to the Council on 16 October 1981 is hereby amended as follows:
                      ORIGINAL PROPOSAL                                                     NEW PROPOSAL
                           Article 14                                                         Article 14
     Liaison with the authorities of the Member States                    Liaison with the authorities of the Member States
1.    The Commission shall carry out the procedures                   1 to 4: Unchanged
provided for in this Regulation in close and constant
liaison with the competent authorities of the Member
States; these authorities shall have the right to express
their views on such procedures.
2.    The Commission shall immediately forward to the
competent authorities of the Member States copies of the
complaints and applications, and of the most important
documents sent to it or which it sends out in the course
of such procedures.
3.     The Advisory Committee on Restrictive Practices
and Monopolies in the Transport Industry established
shall be consulted prior to the taking of any decision
following upon a procedure under Article 9 or of any
decision under the second subparagraph of Article 11
(3), or under the second subparagraph of paragraph 4 of
the same Article. The Advisory Committee shall also be
consulted prior to adoption of the implementing
provisions provided for in Article 27.
O OJ No C 282, 5. 11. 1981, p. 4.