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►B REGULATION No 19/65/EEC OF THE COUNCIL
of 2 March 1965
on application of Article 85 (3) of the Treaty to certain categories of agreements and concerted
practices
(OJ 36, 6.3.1965, p. 533)
Amended by:
Official Journal
No page date
►A1 Act of Accession of Denmark, Ireland and the United Kingdom of GreatBritain and Northern Ireland L 73 14 27.3.19721965R0019 — EN — 01.01.1973 — 001.001 — 1
1965R0019 — EN — 01.01.1973 — 001.001 — 2
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REGULATION No 19/65/EEC OF THE COUNCIL
of 2 March 1965
on application of Article 85 (3) of the Treaty to certain categories of
agreements and concerted practices
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic Com-munity, and in particular Article 87 thereof;
Having regard to the proposal from the Commission;Having regard to the Opinion of the European Parliament (
1);
Having regard to the Opinion of the Economic and Social Commit-
tee (2);
Whereas Article 85 (1) of the Treaty may in accordance with Article 85
(3) be declared inapplicable to certain categories of agreements, deci-sions and concerted practices which fulfil the conditions contained in
Article 85 (3);
Whereas the provisions for implementation of Article 85 (3) must be
adopted by way of regulation pursuant to Article 87;
Whereas in view of the large number of notifications submitted in
pursuance of Regulation No 17 (
3)it is desirable that in order to facilitate
the task of the Commission it should be enabled to declare by way of
regulation that the provisions of Article 85 (1) do not apply to certain
categories of agreements and concerted practices;
Whereas it should be laid down under what conditions the Commission,
in close and constant liaison with the competent authorities of the Mem-
ber States, may exercise such powers after sufficient experience has
been gained in the light of individual decisions and it becomes possibleto define categories of agreements and concerted practices in respect ofwhich the conditions of Article 85 (3) may be considered as being ful-filled;
Whereas the Commission has indicated by the action it has taken, in
particular by Regulation No 153, (
4) that there can be no easing of the
procedures prescribed by Regulation No 17 in respect of certain types
of agreements and concerted practices that are particularly liable to dis-
tort competition in the common market;
Whereas under Article 6 of Regulation No 17 the Commission may pro-
vide that a decision taken pursuant to Article 85 (3) of the Treaty shall
apply with retroactive effect; whereas it is desirable that the Commis-sion be also empowered to adopt, by regulation, provisions to the likeeffect;
Whereas under Article 7 of Regulation No 17 agreements, decisions
and concerted practices may, by decision of the Commission, beexempted from prohibition in particular if they are modified in suchmanner that they statisfy the requirements of Article 85 (3); whereas itis desirable that the Commission be enabled to grant like exemption by
regulation to such agreements and concerted practices if they are modi-
fied in such manner as to fall within a category defined in an exemptingregulation;
Whereas, since there can be no exemption if the conditions set out in
Article 85 (3) are not satisfied, the Commission must have power to laydown by decision the conditions that must be satisfied by an agreement
(1) OJ No 81, 27.5.1964, p. 1275/64.
(2) OJ No 197, 30.11.1964, p. 3320/64.
(3) OJ No 13, 21.2.1962, p. 204/62 (Regulation No 17 as amended by Regula-
tion No 59 - OJ No 58, 10.7.1962, p. 1655/62 - and Regulation No 118/63/
EEC - OJ No 162, 7.11.1963, p. 2696/63.
(4) OJ No 139, 24.12.1962, p. 2918/62.
1965R0019 — EN — 01.01.1973 — 001.001 — 3
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or concerted practice which owing to special circumstances has certain
effects incompatible with Article 85 (3);
HAS ADOPTED THIS REGULATION:
Article 1
1. Without prejudice to the application of Council Regulation No 17
and in accordance with Article 85 (3) of the Treaty the Commissionmay by regulation declare that Article 85 (1) shall not apply to cate-
gories of agreements to which only two undertakings are party and:
(a)— whereby one party agrees with the other to supply only to that
other certain goods for resale within a defined area of the com-mon market; or
— whereby one party agrees with the other to purchase only from
that other certain goods for resale; or
— whereby the two undertakings have entered into obligations, as
in the two preceding subparagraphs, with each other in respectof exclusive supply and purchase for resale;
(b) which include restrictions imposed in relation to the acquisition or
use of industrial property rights—in particular of patents, utilitymodels, designs or trade marks—or to the rights arising out of con-tracts for assignment of, or the right to use, a method of manufac-ture or knowledge relating to the use or to the application of indus-
trial processes.
2. The regulation shall define the categories of agreements to which
itapplies and shall specify in part icular:
(a) the restrictions or clauses which must not be contained in the agree-
ments;
(b) the clauses which must be contained in the agreements, or the other
conditions which must be satisfied.
3. Paragraphs 1 and 2 shall apply by analogy to categories of con-
certed practices to which only two undertakings are party.
Article 2
1. A regulation pursuant to Article 1 shall be made for a specified
period.
2. Itmay be repealed or amended where circumst ances have changed
with respect to any factor which was basic to its being made; in suchcase, a period shall be fixed for modification of the agreements and con-certed practices to which the earlier regulation applies.
Article 3
A regulation pursuant to Article 1 may stipulate that it shall apply with
retroactive effect to agreements and concerted practices to which, at the
date of entry into force of that regulation, a decision issued with retroac-
tive effect in pursuance of Article 6 of Regulation No 17 would haveapplied.
Article 4
1. A regulation pursuant to Article 1 may stipulate that the prohibi-
tion contained in Article 85 (1) of the Treaty shall not apply, for suchperiod as shall be fixed by that regulation, to agreements and concertedpractices already in existence on 13 March 1962 which do not satisfythe conditions of Article 85 (3), where:
— within three months from the entry into force of the Regulation,
they are so modified as to satisfy the said conditions in accordancewith the provisions of the regulation; and
— the modifications are brought to the notice of the Commission
within the time limit fixed by the regulation.
1965R0019 — EN — 01.01.1973 — 001.001 — 4
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A regulation pursuant to Article 1 may stipulate that the prohibition
contained in Article 85(1) of the Treaty shall not apply, for such periodas shall be fixed by that regulation, to agreements and concerted prac-
tices already in existence at the date of accession to which Article 85
applies by virtue of accession and which do not satisfy the conditions ofArticle 85(3), where:
2. Paragraph 1 shall apply to agreements and concerted practices
which had to be notified before 1 February 1963, in accordance with
Article 5 of Regulation No 17, only where they have been so notified
before that date.
Paragraph 1 shall not apply to agreements and concerted practices to
which Article 85(1) of the Treaty applies by virtue of accession andwhich must be notified before 1 July 1973, in accordance with Articles
5 and 25 of Regulation No 17, unless they have been so notified before
that date.
3. The benefit of the provisions laid down pursuant to paragraph 1
may not be claimed in actions pending at the date of entry into force ofa regulation adopted pursuant to Article 1; neither may it be relied on asgrounds for claims for damages against third parties.
Article 5
Before adopting a regulation, the Commission shall publish a draft
thereof and invite all persons concerned to submit their comments
within such time limit, being not less than one month, as the Commis-
sion shall fix.
Article 6
1. The Commission shall consult the Adivsory Committee on
Restrictive Practices and Monopolies:
(a) before publishing a draftregulat ion;
(b) before adopting a regulation.
2. Article 10 (5) and (6) of Regulation No 17, relating to consultation
with the Advisory Committee, shall apply by analogy, it being under-stood that joint meetings with the Commission shall take place not ear-lier than one month after dispatch of the notice convening them.
Article 7
Where the Commission, either on its own initiative or at the request of
a Member State or of natural or legal persons claiming a legitimateinterest, finds that in any particular case agreements or concerted prac-
tices to which a regulation adopted pursuant to Article 1 of this Regula-
tion applies have nevertheless certain effects which are incompatiblewith the conditions laid down in Article 85 (3) of the Treaty, it maywithdraw the benefit of application of that regulation and issue a deci-sion in accordance with Articles 6 and 8 of Regulation No 17, without
any notification under Article 4 (1) of Regulation No 17 being required.
Article 8
The Commission shall, before 1 January 1970, submit to the Council a
proposal for a Regulation for such amendment of this Regulation as
may prove necessary in the light of experience.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.▼
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