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

Avis juridique important

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# 11994NN01/03/A

**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 - A. ENABLING REGULATIONS **

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Official Journal C 241 , 29/08/1994 P. 0056 *

III. COMPETITION

A. ENABLING REGULATIONS

1. 365 R 0019: Council Regulation No 19/65/EEC of 2 March 1965 on the application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices (OJ No 36, 6.3.1965, p. 533/65), 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 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).

In Article 4:

- the following subparagraph is added to paragraph 1:

'The provisions of the preceding subparagraphs shall apply in the same way in the case of the accession of Austria, Finland, Norway and Sweden.`

- paragraph 2 is supplemented by the following subparagraph:

'Paragraph 1 shall not apply to agreements and concerted practices to which Article 85 (1) of the Treaty applies by virtue of the accession of Austria, Finland, Norway and Sweden and which must be notified within six months of accession, in accordance with Articles 5 and 25 of Regulation No 17, unless they have been so notified within that period. The present paragraph shall not apply to agreements and concerted practices which at the date of accession already fall under Article 53 (1) of the EEA Agreement.`

2. 371 R 2821: Council Regulation (EEC) No 2821/71 of 20 December 1971 on the application of Article 85 (3) of the Treaty to certain categories of agreements, decisions and concerted practices (OJ No L 285, 29.12.1971, p. 46), as amended by:

- 372 R 2743: Council Regulation (EEC) No 2743/72 of 19 December 1972 (OJ No L 291, 28.12.1972, p. 144),

- 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).

In Article 4:

- paragraph 1 is supplemented by the following subparagraph:

'The provisions of the preceding subparagraphs shall apply in the same way in the case of the accession of Austria, Finland, Norway and Sweden.`

- paragraph 2 is supplemented by the following subparagraph:

'Paragraph 1 shall not apply to agreements and concerted practices to which Article 85 (1) of the Treaty applies by virtue of the accession of Austria, Finland, Norway and Sweden and which must be notified within six months of accession, in accordance with Articles 5 and 25 of Regulation No 17, unless they have been so notified within that period. The present paragraph shall not apply to agreements and concerted practices which at the date of accession already fall under Article 53 (1) of the EEA Agreement.`

3. 387 R 3976: Council Regulation (EEC) No 3976/87 of 14 December 1987 on the application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector (OJ No 374, 31.12.1987, p. 9), as amended by:

- 390 R 2344: Council Regulation (EEC) No 2344/90 of 24 July 1990 (OJ No L 217, 11.8.1990, p. 15),

- 392 R 2411: Council Regulation (EEC) No 2411/92 of 23 July 1992 (OJ No L 240, 24.8.1992, p. 19).

The following Article is inserted:

'Article 4a

A Regulation pursuant to Article 2 may stipulate that the prohibition contained in Article 85 (1) of the Treaty shall not apply, for such period as fixed by that Regulation, to agreements, decisions and concerted practices already in existence at the date of accession to which Article 85 (1) applies by virtue of the accession of Austria, Finland, Norway and Sweden and which do not satisfy the conditions of Article 85 (3). 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. 392 R 0479: Council Regulation (EEC) No 479/92 of 25 February 1992 on the application of Article 85 (3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner companies (consortia) (OJ No L 55, 29.2.1992, p. 3).

The following Article is inserted:

'Article 3a

A Regulation pursuant to Article 1 may stipulate that the prohibition contained in Article 85 (1) of the Treaty shall not apply, for such period as fixed by that Regulation, to agreements, decisions and concerted practices already in existence at the date of accession to which Article 85 (1) applies by virtue of the accession of Austria, Finland, Norway and Sweden and which do not satisfy the conditions of Article 85 (3). 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.`.