1962R0017 — EN — 01.01.1995 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATION No 17
First Regulation implementing Articles 85 and 86 of the Treaty
(OJ P 13, 21.2.1962, p. 204)
Amended by:
Official Journal
No page date
►M1Regulation No 59 of the Council amending certain provisions of No 17 P58 1655 10.7.1962
►M2Regulation No 118/63/EEC of the Council of 5 November 1963 P162 2696 7.11.1963
►M3Regulation (EEC) No 2822/71 of the Council of 20 December 1971 L285 49 29.12.1971
Amended by:
►A1ActofAccessionofDenmark,IrelandandtheUnitedKingdomofGreat
Britain and Northern Ireland L73 14 27.3.1972
►A2Act of Accession of Greece L291 17 19.11.1979
►A3Act of Accession of Spain and Portugal L302 23 15.11.1985
►A4Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L1 1 1.1.1995
NB: ThisconsolidatedversioncontainsreferencestotheEuropeanunitofaccountand/ortheecu,whichfrom1January1999
shouldbeunderstoodasreferencestotheeuro—CouncilRegulation(EEC)No3308/80(OJL345,20.12.1980,p.1)andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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REGULATION No 17
First Regulation implementing Articles 85 and 86 of the Treaty
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 87 thereof;
Having regard to the proposal from the Commission;Having regard to the Opinion of the Economic and Social Committee;Having regard to the Opinion of the European Parliament;Whereas,inordertoestablishasystemensuringthatcompetitionshall
not be distorted in the common market, it is necessary to provide forbalanced application of Articles 85 and 86 in a uniform manner in theMember States;
Whereas in establishing the rules for applying Article 85 (3) account
must be taken of the need to ensure effective supervision and tosimplify administration to the greatest possible extent;
Whereasitisaccordinglynecessarytomakeitobligatory,asageneral
principle, for undertakings which seek application of Article 85 (3) tonotify to the Commission their agreements, decisions and concertedpractices;
Whereas, on the one hand, such agreements, decisions and concerted
practicesareprobablyverynumerousandcannotthereforeallbeexam-inedatthesametimeand,ontheotherhand,someofthemhavespecialfeatures which may make them less prejudicial to the development ofthe common market;
Whereas there is consequently a need to make more flexible arrange-
ments for the time being in respect of certain categories of agreement,decision and concerted practice without prejudging their validity underArticle 85;
Whereasitmaybeintheinterestofundertakingstoknowwhetherany
agreements,decisionsorpracticestowhichtheyareparty,orproposetobecome party, may lead to action on the part of the Commissionpursuant to Article 85 (1) or Article 86;
Whereas,inordertosecureuniformapplicationofArticles85and86in
thecommonmarket,rulesmustbemadeunderwhichtheCommission,actingincloseandconstantliaisonwiththecompetentauthoritiesoftheMember States, may take the requisite measures for applying thoseArticles;
WhereasforthispurposetheCommissionmusthavetheco-operationof
the competent authorities of the Member States and be empowered,throughout the common market, to require such information to besuppliedandtoundertakesuchinvestigationsasarenecessarytobringto light any agreement, decision or concerted practice prohibited byArticle85(1)oranyabuseofadominantpositionprohibitedbyArticle86:
Whereas,inordertocarryoutitsdutyofensuringthattheprovisionsof
theTreatyareapplied,theCommissionmustbeempoweredtoaddressto undertakings or associations of undertakings recommendations anddecisionsforthepurposeofbringingtoanendinfringementsofArticles85 and 86;
Whereas compliance with Articles 85 and 86 and the fulfilment of
obligations imposed on undertakings and associations of undertakingsunder this Regulation must be enforceable by means of fines andperiodic penalty payments;
Whereasundertakingsconcernedmustbeaccordedtherighttobeheard
by the Commission, third parties whose interests may be affected by adecision must be given the opportunity of submitting their comments
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beforehand, and it must be ensured that wide publicity is given todecisions taken;
Whereas all decisions taken by the Commission under this Regulation
are subject to review by the Court of Justice under the conditionsspecifiedintheTreaty;whereasitismoreoverdesirabletoconferuponthe Court of Justice, pursuant to Article 172, unlimited jurisdiction inrespect of decisions under which the Commission imposes fines orperiodic penalty payments;
Whereas this Regulation may enter into force without prejudice to any
other provisions that may hereafter be adopted pursuant to Article 87;
HAS ADOPTED THIS REGULATION:
Article 1
Basic provision
Without prejudice to Articles 6, 7 and 23 of this Regulation, agree-ments,decisionsandconcertedpracticesofthekinddescribedinArticle85(1)oftheTreatyandtheabuseofadominantpositioninthemarket,within the meaning of Article 86 of the Treaty, shall be prohibited, noprior decision to that effect being required.
Article 2
Negative clearance
Upon application by the undertakings or associations of undertakings
concerned,theCommissionmaycertifythat,onthebasisofthefactsinitspossession,therearenogroundsunderArticle85(1)orArticle86oftheTreatyforactiononitspartinrespectofanagreement,decisionorpractice.
Article 3
Termination of infringements
1. Where the Commission, upon application or upon its own initia-
tive, finds that there is infringement of Article 85 or Article 86 of theTreaty, it may by decision require the undertakings or associations ofundertakings concerned to bring such infringement to an end.
2. Those entitled to make application are:
(a) Member States;
(b) natural or legal persons who claim a legitimate interest.
3. Without prejudice to the other provisions of this Regulation, the
Commission may, before taking a decision under paragraph 1, addressto the undertakings or associations of undertakings concerned recom-mendations for termination of the infringement.
Article 4
Notification of new agreements, decisions and practices
1. Agreements, decisions and concerted practices of the kind
describedinArticle85(1)oftheTreatywhichcomeintoexistenceafterthe entry into force of this Regulation and in respect of which theparties seek application of Article 85 (3) must be notified to theCommission. Until they have been notified, no decision in applicationof Article 85 (3) may be taken.
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2. Paragraph 1 shall not apply to agreements, decisions andconcerted practices where:
(1) the only parties thereto are undertakings from one Member State
and the agreements, decisions or practices do not relate either toimports or to exports between Member States;
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(2) not more than two undertakings are party thereto, and the agree-
ments only:
(a) restrictthefreedomofonepartytothecontractindetermining
the prices or conditions of business upon which the goodswhichhehasobtainedfromtheotherpartytothecontractmaybe resold; or
(b) imposerestrictionsontheexerciseoftherightsoftheassignee
or user of industrial property rights — in particular patents,utility models, designs or trade marks — or of the personentitledunderacontracttotheassignment,orgrant,oftherightto use a method of manufacture or knowledge relating to theuse and to the application of industrial processes;
(3) they have as their sole object:
(a) the development or uniform application of standards or types;
or
(b) joint research and development;
(c) specialisation in the manufacture of products, including agree-
ments necessary for achieving this:
— where the products which are the subject of specialisation
do not, in a substantial part of the common market, repre-sent more than 15% of the volume of business done inidentical products or those considered by consumers to besimilar by reason of their characteristics, price and use,
and
— where the total annual turnover of the participating under-
takings does not exceed 200 million unit of account.
These agreements, decisions and practices may be notified to the
Commission.
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Article 5
Notification of existing agreements, decisions and practices
1. Agreements, decisions and concerted practices of the kind
described in Article 85 (1) of the Treaty which are in existence at thedate of entry into force of this Regulation and in respect of which theparties seek application of Article 85 (3) shall be notified to theCommission ►
M1before 1 November 1962. ◄►M1However,
notwithstanding the foregoing provisions, any agreements, decisionsand concerted practices to which not more than two undertakings areparty shall be notified before 1 February 1963. ◄
2. Paragraph1shallnotapplytoagreements,decisionsorconcerted
practices falling within Article 4 (2); these may be notified to theCommission.
Article 6
Decisions pursuant to Article 85 (3)
1. WhenevertheCommissiontakesadecisionpursuanttoArticle85
(3) of the Treaty, it shall specify therein the date from which thedecisionshalltakeeffect.Suchadateshallnotbeearlierthanthedateof notification.
2. Thesecondsentenceofparagraph1shallnotapplytoagreements,
decisionsorconcertedpracticesfallingwithinArticle4(2)andArticle5(2),nortothosefallingwithinArticle5(1)whichhavebeennotifiedwithin the time limit specified in Article 5 (1).
Article 7
Special provisions for existing agreements, decisions and practices
1. Whereagreements,decisionsandconcertedpracticesinexistence
at the date of entry into force of this Regulation and notified►
M1withinthetimelimitsspecifiedinArticle5(1) ◄donotsatisfy
therequirementsofArticle85(3)oftheTreatyandtheundertakingsor
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associations of undertakings concerned cease to give effect to them ormodify them in such a manner that they no longer fall within theprohibition contained in Article 85 (1) or that they satisfy the require-mentsofArticle85(3),theprohibitioncontainedinArticle85(1)shallapply only for a period fixed by the Commission. A decision by theCommission pursuant to the foregoing sentence shall not apply asagainst undertakings and associations of undertakings which did notexpressly consent to the notification.
2. Paragraph 1 shall apply to agreements, decisions and concerted
practices falling within Article 4 (2) which are in existence at the dateofentryintoforceofthisRegulationiftheyarenotified ►
M2before1
January 1967. ◄
Article 8
Duration and revocation of decisions under Article 85 (3)
1. A decision in application of Article 85 (3) of the Treaty shall be
issued for a specified period and conditions and obligations may beattached thereto.
2. A decision may on application be renewed if the requirements of
Article 85 (3) of the Treaty continue to be satisfied.
3. The Commission may revoke or amend its decision or prohibit
specified acts by the parties:
(a) wheretherehasbeenachangeinanyofthefactswhichwerebasic
to the making of the decision;
(b) wherethepartiescommitabreachofanyobligationattachedtothe
decision;
(c) wherethedecisionisbasedonincorrectinformationorwasinduced
by deceit;
(d) where the parties abuse the exemption from the provisions of
Article 85 (1) of the Treaty granted to them by the decision.
Incasestowhichsubparagraphs(b),(c)or(d)apply,thedecisionmay
be revoked with retroactive effect.
Article 9
Powers
1. Subject to review of its decision by the Court of Justice, the
CommissionshallhavesolepowertodeclareArticle85(1)inapplicablepursuant to Article 85 (3) of the Treaty.
2. The Commission shall have power to apply Article 85 (1) and
Article 86 of the Treaty; this power may be exercised notwithstandingthatthetimelimitsspecifiedinArticle5(1)andinArticle7(2)relatingto notification have not expired.
3. AslongastheCommissionhasnotinitiatedanyprocedureunder
Articles 2, 3 or 6, the authorities of the Member States shall remaincompetent to apply Article 85 (1) and Article 86 in accordance withArticle 88 of the Treaty; they shall remain competent in this respectnotwithstanding that the time limits specified in Article 5 (1) and inArticle 7 (2) relating to notification have not expired.
Article 10
Liaison with the authorities of the Member States
1. TheCommissionshallforthwithtransmittothecompetentauthori-
ties of the Member States a copy of the applications and notificationstogether with copies of the most important documents lodged with theCommission for the purpose of establishing the existence of infringe-ments of Articles 85 or 86 of the Treaty or of obtaining negativeclearance or a decision in application of Article 85 (3).
2. TheCommissionshallcarryouttheproceduresetoutinparagraph
1 in close and constant liaison with the competent authorities of the
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Member States; such authorities shall have the right to express their
views upon that procedure.
3. An Advisory Committee on Restrictive Practices and Monopolies
shallbeconsultedpriortothetakingofanydecisionfollowinguponaprocedure under paragraph 1, and of any decision concerning therenewal,amendmentorrevocationofadecisionpursuanttoArticle85(3) of the Treaty.
4. The Advisory Committee shall be composed of officials
competent in the matter of restrictive practices and monopolies. EachMemberStateshallappointanofficialtorepresentitwho,ifpreventedfrom attending, may be replaced by another official.
5. The consultation shall take place at a joint meeting convened by
theCommission;suchameetingshallbeheldnotearlierthanfourteendays after dispatch of the notice convening it. The notice shall, inrespectofeachcasetobeexamined,beaccompaniedbyasummaryofthe case together with an indication of the most important documents,and a preliminary draft decision.
6. TheAdvisoryCommitteemaydeliveranopinionnotwithstanding
thatsomeofitsmembersortheiralternatesarenotpresent.Areportofthe outcome of the consultative proceedings shall be annexed to thedraft decision. It shall not be made public.
Article 11
Requests for information
1. In carrying out the duties assigned to it by Article 89 and by
provisionsadoptedunderArticle87oftheTreaty,theCommissionmayobtain all necessary information from the Governments and competentauthorities of the Member States and from undertakings and associa-tions of undertakings.
2. When sending a request for information to an undertaking or
association of undertakings, the Commission shall at the same timeforwardacopyoftherequesttothecompetentauthorityoftheMemberState in whose territory the seat of the undertaking or association ofundertakings is situated.
3. In its request the Commission shall state the legal basis and the
purposeoftherequestandalsothepenaltiesprovidedforinArticle15(1) (b) for supplying incorrect information.
4. Theownersoftheundertakingsortheirrepresentativesand,inthe
caseoflegalpersons,companiesorfirms,orofassociationshavingnolegalpersonality,thepersonsauthorisedtorepresentthembylaworbytheir constitution shall supply the information requested.
5. Where an undertaking or association of undertakings does not
supply the information requested within the time limit fixed by theCommission,orsuppliesincompleteinformation,theCommissionshallby decision require the information to be supplied. The decision shallspecify what information is required, fix an appropriate time limitwithinwhichitistobesuppliedandindicatethepenaltiesprovidedforin Article 15 (1) (b) and Article 16 (1) (c) and the right to have thedecision reviewed by the Court of Justice.
6. The Commission shall at the same time forward a copy of its
decision to the competent authority of the Member State in whoseterritory the seat of the undertaking or association of undertakings issituated.
Article 12
Inquiry into sectors of the economy
1. If in any sector of the economy the trend of trade between
Member States, price movements, inflexibility of prices or othercircumstances suggest that in the economic sector concernedcompetition is being restricted or distorted within the common market,the Commission may decide to conduct a general inquiry into that
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economic sector and in the course thereof may request undertakings inthe sector concerned to supply the information necessary for givingeffect to the principles formulated in Articles 85 and 86 of the Treatyand for carrying out the duties entrusted to the Commission.
2. The Commission may in particular request every undertaking or
association of undertakings in the economic sector concerned tocommunicate to it all agreements, decisions and concerted practiceswhich are exempt from notification by virtue of Article 4 (2) andArticle 5 (2).
3. When making inquiries pursuant to paragraph 2, the Commission
shall also request undertakings or groups of undertakings whose sizesuggests that they occupy a dominant position within the commonmarket or a substantial part thereof to supply to the Commission suchparticularsofthestructureoftheundertakingsandoftheirbehaviourasarerequisitetoanappraisaloftheirpositioninthelightofArticle86ofthe Treaty.
4. Article 10 (3) to (6) and Articles 11, 13 and 14 shall apply
correspondingly.
Article 13
Investigations by the authorities of the Member States
1. AttherequestoftheCommission,thecompetentauthoritiesofthe
Member States shall undertake the investigations which the Commis-sion considers to be necessary under Article 14 (1), or which it hasordered by decision pursuant to Article 14 (3). The officials of thecompetent authorities of the Member States responsible for conductingthese investigations shall exercise their powers upon production of anauthorisation in writing issued by the competent authority of theMember State in whose territory the investigation is to be made. Suchauthorisationshallspecifythesubjectmatterandpurposeoftheinvest-igation.
2. IfsorequestedbytheCommissionorbythecompetentauthority
oftheMemberStateinwhoseterritorytheinvestigationistobemade,theofficialsoftheCommissionmayassisttheofficialsofsuchauthori-ties in carrying out their duties.
Article 14
Investigating powers of the Commission
1. In carrying out the duties assigned to it by Article 89 and by
provisionsadoptedunderArticle87oftheTreaty,theCommissionmayundertake all necessary investigations into undertakings and associa-tions of undertakings. To this end the officials authorised by theCommission are empowered:
(a) to examine the books and other business records;
(b) to take copies of or extracts from the books and business records;
(c) to ask for oral explanations on the spot;
(d) toenteranypremises;landandmeansoftransportofundertakings.
2. The officials of the Commission authorised for the purpose of
these investigations shall exercise their powers upon production of anauthorisationinwritingspecifyingthesubjectmatterandpurposeoftheinvestigationandthepenaltiesprovidedforinArticle15(1)(c)incaseswhere production of the required books or other business records isincomplete.Ingoodtimebeforetheinvestigation,theCommissionshallinformthecompetentauthorityoftheMemberStateinwhoseterritorythe same is to be made of the investigation and of the identity of theauthorised officials.
3. Undertakings and associations of undertakings shall submit to
investigations ordered by decision of the Commission. The decisionshallspecifythesubjectmatterandpurposeoftheinvestigation,appointthedateonwhichitistobeginandindicatethepenaltiesprovidedfor
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in Article 15 (1) (c) and Article 16 (1) (d) and the right to have thedecision reviewed by the Court of Justice.
4. The Commission shall take decisions referred to in paragraph 3
after consultation with the competent authority of the Member State inwhose territory the investigation is to be made.
5. OfficialsofthecompetentauthorityoftheMemberStateinwhose
territory the investigation is to be made may, at the request of suchauthority or of the Commission, assist the officials of the Commissionin carrying out their duties.
6. Where an undertaking opposes an investigation ordered pursuant
to this Article, the Member State concerned shall afford the necessaryassistancetotheofficialsauthorisedbytheCommissiontoenablethemtomaketheirinvestigation.MemberStatesshall,afterconsultationwiththe Commission, take the necessary measures to this end before 1October 1962.
Article 15
Fines
1. The Commission may by decision impose on undertakings or
associations of undertakings fines of 100 to 5000 units of accountwhere, intentionally or negligently:
(a) they supply incorrect or misleading information in an application
pursuanttoArticle2orinanotificationpursuanttoArticles4or5;or
(b) they supply incorrect information in response to a request made
pursuant to Article 11 (3) or (5) or to Article 12, or do not supplyinformation within the time limit fixed by a decision taken underArticle 11 (5); or
(c) theyproducetherequiredbooksorotherbusinessrecordsinincom-
pleteformduringinvestigationsunderArticle13or14,orrefusetosubmit to an investigation ordered by decision issued in imple-mentation of Article 14 (3).
2. The Commission may by decision impose on undertakings or
associationsofundertakingsfinesof1000to1000000unitsofaccount,orasuminexcessthereofbutnotexceeding10%oftheturnoverintheprecedingbusinessyearofeachoftheundertakingsparticipatingintheinfringement where, either intentionally or negligently:
(a) they infringe Article 85 (1) or Article 86 of the Treaty; or
(b) theycommitabreachofanyobligationimposedpursuanttoArticle
8 (1).
Infixingtheamountofthefine,regardshallbehadbothtothegravity
and to the duration of the infringement.
3. Article 10 (3) to (6) shall apply.4. Decisions taken pursuant to paragraphs 1 and 2 shall not be of a
criminal law nature.
5. Thefinesprovidedforinparagraph2(a)shallnotbeimposedin
respect of acts taking place:
(a) after notification to the Commission and before its decision in
applicationofArticle85(3)oftheTreaty,providedtheyfallwithinthe limits of the activity described in the notification;
(b) before notification and in the course of agreements, decisions or
concerted practices in existence at the date of entry into force ofthis Regulation, provided that notification was effected within thetime limits specified in Article 5 (1) and Article 7 (2).
6. Paragraph 5 shall not have effect where the Commission has
informedtheundertakingsconcernedthatafterpreliminaryexaminationit is of opinion that Article 85 (1) of the Treaty applies and thatapplication of Article 85 (3) is not justified.
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Article 16
Periodic penalty payments
1. The Commission may by decision impose on undertakings or
associations of undertakings periodic penalty payments of 50 to 1000units of account per day, calculated from the date appointed by thedecision, in order to compel them:
(a) toputanendtoaninfringementofArticle85or86oftheTreaty,
in accordance with a decision taken pursuant to Article 3 of thisRegulation;
(b) to refrain from any act prohibited under Article 8 (3);
(c) to supply complete and correct information which it has requested
by decision taken pursuant to Article 11 (5);
(d) tosubmittoaninvestigationwhichithasorderedbydecisiontaken
pursuant to Article 14 (3).
2. Wheretheundertakingsorassociationsofundertakingshavesatis-
fied the obligation which it was the purpose of the periodic penaltypayment to enforce, the Commission may fix the total amount of theperiodicpenaltypaymentatalowerfigurethanthatwhichwouldariseunder the original decision.
3. Article 10 (3) to (6) shall apply.
Article 17
Review by the Court of Justice
The Court of Justice shall have unlimited jurisdiction within the
meaning of Article 172 of the Treaty to review decisions whereby theCommission has fixed a fine or periodic penalty payment; it maycancel,reduceorincreasethefineorperiodicpenaltypaymentimposed.
Article 18
Unit of account
ForthepurposesofapplyingArticles15to17theunitofaccountshall
bethatadoptedindrawingupthebudgetoftheCommunityinaccord-ance with Articles 207 and 209 of the Treaty.
Article 19
Hearing of the parties and of third persons
1. BeforetakingdecisionsasprovidedforinArticles2,3,6,7,8,15
and 16, the Commission shall give the undertakings or associations ofundertakingsconcernedtheopportunityofbeingheardonthematterstowhich the Commission has taken objection.
2. If the Commission or the competent authorities of the Member
States consider it necessary, they may also hear other natural or legalpersons. Applications to be heard on the part of such persons shall,where they show a sufficient interest, be granted.
3. Where the Commission intends to give negative clearance
pursuanttoArticle2ortakeadecisioninapplicationofArticle85(3)oftheTreaty,itshallpublishasummaryoftherelevantapplicationornotification and invite all interested third parties to submit their obser-vations within a time limit which it shall fix being not less than onemonth.Publicationshallhaveregardtothelegitimateinterestofunder-takings in the protection of their business secrets.
Article 20
Professional secrecy
1. Information acquired as a result of the application of Articles 11,
12,13and14shallbeusedonlyforthepurposeoftherelevantrequestor investigation.
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2. Without prejudice to the provisions of Articles 19 and 21, the
Commission and the competent authorities of the Member States, theirofficials and other servants shall not disclose information acquired bythem as a result of the application of this Regulation and of the kindcovered by the obligation of professional secrecy.
3. Theprovisionsofparagraphs1and2shallnotpreventpublication
of general information or surveys which do not contain informationrelating to particular undertakings or associations of undertakings.
Article 21
Publication of decisions
1. The Commission shall publish the decisions which it takes
pursuant to Articles 2, 3, 6, 7 and 8.
2. The publication shall state the names of the parties and the main
contentofthedecision;itshallhaveregardtothelegitimateinterestofundertakings in the protection of their business secrets.
Article 22
Special provisions
1. TheCommissionshallsubmittotheCouncilproposalsformaking
certaincategoriesofagreement,decisionandconcertedpracticefallingwithin Article 4 (2) or Article 5 (2) compulsorily notifiable underArticle 4 or 5.
2. Within one year from the date of entry into force of this Regula-
tion, the Council shall examine, on a proposal from the Commission,what special provisions might be made for exempting from the provi-sions of this Regulation agreements, decisions and concerted practicesfalling within Article 4 (2) or Article 5 (2).
Article 23
Transitional provisions applicable to decisions of authorities of the Member
States
1. Agreements, decisions and concerted practices of the kind
describedinArticle85(1)oftheTreatytowhich,beforetheentryintoforceofthisRegulation,thecompetentauthorityofaMemberStatehasdeclared Article 85 (1) to be inapplicable pursuant to Article 85 (3)shall not be subject to compulsory notification under Article 5. Thedecision of the competent authority of the Member State shall bedeemedtobeadecisionwithinthemeaningofArticle6;itshallceasetobevaliduponexpirationoftheperiodfixedbysuchauthoritybutinany event not more than three years after the entry into force of thisRegulation. Article 8 (3) shall apply.
2. Applications for renewal of decisions of the kind described in
paragraph 1 shall be decided upon by the Commission in accordancewith Article 8 (2).
Article 24
Implementing provisions
The Commission shall have power to adopt implementing provisions
concerning the form, content and other details of applications pursuanttoArticles2and3andofnotificationspursuanttoArticles4and5,andconcerning hearings pursuant to Article 19 (1) and (2).
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Article 25
1. Asregardsagreements,decisionsandconcertedpracticestowhich
Article 85 of the Treaty applies by virtue of accession, the date ofaccession shall be substituted for the date of entry into force of thisRegulationineveryplacewherereferenceismadeinthisRegulationtothis latter date.
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2. Agreements,decisionsandconcertedpracticesexistingatthedateof accession to which Article 85 of the Treaty applies by virtue ofaccessionshallbenotifiedpursuanttoArticle5(1)orArticle7(1)and(2) within six months from the date of accession.
3. Fines under Article 15 (2) (a) shall not be imposed in respect of
any act prior to notification of the agreements, decisions and practicesto which paragraph 2 applies and which have been notified within theperiod therein specified.
4. NewMemberStatesshalltakethemeasuresreferredtoinArticle
14(6)withinsixmonthsfromthedateofaccessionafterconsultingtheCommission.
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5. Theprovisionsofparagraphs1to4abovestillapplyinthesamewayinthecaseoftheaccessionoftheHellenicRepublic,theKingdomof Spain and of the Portuguese Republic.
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6. Theprovisionsofparagraphs1to4stillapplyinthesamewayinthe case of the accession of Austria, Finland and Sweden. However,they do not apply to agreements, decisions and concerted practiseswhichatthedateofaccessionalreadyfallunderArticle53oftheEEAAgreement.
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ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.