52004XX0224(02)

Final report of the Hearing Officer in case COMP/38.170 - Reims II

(pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21))

(2004/C 48/04)

(Text with EEA relevance)

On 18 June 2001 seventeen Public Postal Operators ("PPOs") re-notified to the Commission an amended version of the Reims II Agreement. The re-notification included a request for a renewal of the exemption, granted by the Commission by Decision of 15 September 1999 until 31 December 2001.

On 11 July 2001 the Commission published a summary of the agreement, inviting comments from interested parties. Thereafter the Commission launched an investigation of the amended agreement. Meetings were held with the majority of the parties concerned at both bilateral and multilateral level, as well as with a number of interested third parties. Following discussions with the Commission services the parties further modified the Agreement on 24 January 2003 in order to meet the competition concerns identified by the Commission's inquiry.

On 23 April 2003 the Commission published a notice pursuant to Article 19(3) of Regulation 17/62 setting out the main elements of the agreement and indicating that the Commission proposed to take a positive view subject to certain requirements relating to third party access to Reims II terminal dues. These requirements had been discussed with the parties. Third parties were invited by the Commission to provide their comments.

Comments were received from a number of third parties. These comments were transmitted to the parties. Following assessment by the Commission services, a further requirement was added in order to enable an exemption to be made available. This was discussed with the parties concerned. The parties were also informed that these requirements would be included as a condition for granting the exemption.

The draft decision grants an exemption pursuant to Article 81(3) of the EC Treaty subject to compliance with conditions. The duration of the exemption has been clearly specified.

The rights to be heard in the present case have been respected.

Done at Brussels, 30 September 2003.

Karen Williams