Regulation (EEC) No 1630/69 of the Commission of 8 August 1969 on the hearings provided for in Article 26 (1) and (2) of Council Regulation (EEC) No 1017/68 of 19 July 1968

REGULATION (EEC) No 1630/69 OF THE COMMISSION  of 8 August 1969  on the hearings provided for in Article 26 (1) and (2) of Council Regulation (EEC) No 1017/68 of 19 July 1968
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 75, 87 and 155 thereof;
Having regard to Article 29 of Council Regulation (EEC) No 1017/68 (1) of 19 July 1968 applying rules of competition to transport by rail, road and inland waterways;
Having regard to the Opinion of the Advisory Committee on Restrictive Practices and Monopolies in the field of transport;
Whereas, pursuant to Article 29 of Regulation (EEC) No 1017/68, the Commission is empowered to adopt implementing provisions concerning the hearings provided for in Article 26 (1) and (2) of that Regulation;
Whereas in most cases the Commission will in the course of the procedure already be in close touch with the participating undertakings or associations of undertakings and they will accordingly have the opportunity of making known their views regarding the objections raised against them;
Whereas, however, in accordance with Article 26 (1) of Regulation No 1017/68 and with the rights of defence, the undertakings and associations of undertakings concerned must have the right on conclusion of the procedure to submit their comments on the whole of the objections raised against them which the Commission proposes to deal with in its decisions;
Whereas persons other than the undertakings or associations of undertakings which are involved in the procedure may have an interest in being heard ; whereas, by the second sentence of Article 26 (2) of Regulation No 1017/68, such persons must have the opportunity of being heard if they apply and show that they have a sufficient interest;
Whereas it is desirable to enable persons who pursuant to Article 10 (2) of Regulation No 1017/68 have lodged a complaint to submit their comments where the Commission considers that on the basis of the information in its possession there are insufficient grounds for action;
Whereas the various persons entitled to submit comments must do so in writing, both in their own interest and in the interests of good administration, without prejudice to oral procedure where appropriate to supplement the written procedure;
Whereas it is necessary to define the rights of persons who are to be heard, and in particular the conditions upon which they may be represented or assisted and the setting and calculation of time limits;
Whereas the Advisory Committee on Restrictive Practices and Monopolies delivers its Opinion on the basis of a preliminary draft decision ; whereas it must therefore be consulted concerning a case after the inquiry in respect thereof has been completed ; whereas such consultation does not prevent the Commission from re-opening an inquiry if need be;