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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EEC) No 418/85
of 19 December 1984
on the application of Article 85 (3) of the Treaty to categories of research and development
agreements
(OJ L 53, 22.2.1985, p. 5)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 151/93 of 23 December 1992 L 21 8 29.1.1993
Amended by:
►A1Act of Accession of Spain and Portugal L 302 23 15.11.1985
►A2Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
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COMMISSION REGULATION (EEC) No 418/85
of 19 December 1984
on the application of Article 85 (3) of the Treaty to categories of
research and development agreements
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
Having regard to Council Regulation (EEC) No 2821/71 of 20
December 1971 on the application of Article 85 (3) of the Treaty tocategories of agreements, decisions and concerted practices(
1), as last
amended by the Act of Accession of Greece, and in particular Article 1thereof,
Havingpublished a draft of this Reg ulation(
2),
Havingconsulted the Advisory Committee on Restrictive Practices and
Dominant Positions,
Whereas:
(1)Regulation (EEC) No 2821/71 empowers the Commission to
apply Article 85 (3) of the Treaty by Regulation to certaincategories of agreements, decisions and concerted practicesfallingwithin the scope of Article 85 (1) which have as theirobject the research and development of products or processes upto the stage of industrial application, and exploitation of theresults, includingprovisions reg ardingindustrial property rig htsand confidential technical knowledge.
(2)As stated in the Commission’s 1968 notice concerningag ree-ments, decisions and concerted practices in the field of coopera-tion between enterprises(
3), agreements on the joint execution of
research work or the joint development of the results of theresearch, up to but not includingthe stag e of industrial applica-tion, generally do not fall within the scope of Article 85 (1) of theTreaty. In certain circumstances, however, such as where theparties agree not to carry out other research and development inthe same field, thereby forgoing the opportunity of gainingcompetitive advantages over the other parties, such agreementsmay fall within Article 85 (1) and should therefore not beexcluded from this Regulation.
(3)Agreements providing for both joint research and developmentand joint exploitation of the results may fall within Article 85 (1)because the parties jointly determine how the products developedare manufactured or the processes developed are applied or howrelated intellectual property rights or know-how are exploited.
(4)Cooperation in research and development and in the exploitationof the results generally promotes technical and economicprogress by increasing the dissemination of technical knowledgebetween the parties and avoidingduplication of research anddevelopment work, by stimulatingnew advances throug h theexchange of complementary technical knowledge, and by ration-alizingthe manufacture of the products or application of theprocesses arisingout of the research and development. Theseaims can be achieved only where the research and developmentprogramme and its objectives are clearly defined and each of theparties is given the opportunity of exploiting any of the results ofthe programme that interest it; where universities or researchinstitutes participate and are not interested in the industrial
(1) OJ No L 285, 29. 12. 1971, p. 46.
(2) OJ No C 16, 21. 1. 1984, p. 3.
(3) OJ No C 75, 29. 7. 1968, p. 3, corrected by OJ No C 84, 28. 8. 1968, p.
14.
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exploitation of the results, however, it may be agreed that they
may use the said results solely for the purpose of further research.
(5)Consumers can generally be expected to benefit from theincreased volume and effectiveness of research and developmentthrough the introduction of new or improved products or servicesor the reduction of prices brought about by new or improvedprocesses.
(6)This Regulation must specify the restrictions of competitionwhich may be included in the exempted agreements. The purposeof the permitted restrictions is to concentrate the research activi-ties of the parties in order to improve their chances of success,and to facilitate the introduction of new products and servicesonto the market. These restrictions are generally necessary tosecure the desired benefits for the parties and consumers.
(7)The joint exploitation of results can be considered as the naturalconsequence of joint research and development. It can takedifferent forms ranging from manufacture to the exploitation ofintellectual property rights or know-how that substantially contri-butes to technical or economic progress. In order to attain thebenefits and objectives described above and to justify the restric-tions of competition which are exempted, the joint exploitationmust relate to products or processes for which the use of theresults of the research and development is decisive. Joint exploi-tation is not therefore justified where it relates to improvementswhich were not made within the framework of a joint researchand development programme but under an agreement havingsome other principal objective, such as the licensingof intellec-tual property rights, joint manufacture or specialization, andmerely containingancillary provisions on joint research anddevelopment.
(8)The exemption granted under the Regulation must be limited toagreements which do not afford the undertakings the possibilityof eliminatingcompetition in respect of a substantial part of theproducts in question. In order to guarantee that several indepen-dent poles of research can exist in the common market in anyeconomic sector, it is necessary to exclude from the blockexemption agreements between competitors whose combinedshare of the market for products capable of beingimproved orreplaced by the results of the research and development exceeds acertain level at the time the agreement is entered into.
(9)In order to guarantee the maintenance of effective competitionduringjoint exploitation of the results, it is necessary to providethat the block exemption will cease to apply if the parties’combined shares of the market for the products arisingout of thejoint research and development become too great. However, itshould be provided that the exemption will continue to apply,irrespective of the parties’ market shares, for a certain periodafter the commencement of joint exploitation, so as to awaitstabilization of their market shares, particularly after the introduc-tion of an entirely new product, and to guarantee a minimumperiod of return on the generally substantial investmentsinvolved.
(10)Agreements between undertakings which do not fulfil the marketshare conditions laid down in the Regulation may, in appropriatecases, be granted an exemption by individual decision, which willin particular take account of world competition and the particularcircumstances prevailing in the manufacture of high technologyproducts.
(11)It is desirable to list in the Regulation a number of obligationsthat are commonly found in research and development agree-ments but that are normally not restrictive of competition and toprovide that, in the event that, because of the particular economicor legal circumstances, they should fall within Article 85 (1),they also would be covered by the exemption. This list is notexhaustive.
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(12)The Regulation must specify what provisions may not be
included in agreements if these are to benefit from the blockexemption by virtue of the fact that such provisions are restric-tions fallingwithin Article 85 (1) for which there can be nogeneral presumption that they will lead to the positive effectsrequired by Article 85 (3).
(13)Agreements which are not automatically covered by the exemp-tion because they include provisions that are not expresslyexempted by the Regulation and are not expressly excluded fromexemption are none the less capable of benefitingfrom thegeneral presumption of compatibility with Article 85 (3) onwhich the block exemption is based. It will be possible for theCommission rapidly to establish whether this is the case for aparticular agreement. Such an agreement should therefore bedeemed to be covered by the exemption provided for in thisRegulation where it is notified to the Commission and theCommission does not oppose the application of the exemptionwithin a specified period of time.
(14)Agreements covered by this Regulation may also take advantageof provisions contained in other block exemption Regulations ofthe Commission, and in particular Regulation (EEC) No 417/85 (
1) on specialization agreements, Regulation (EEC) No 1983/
83 (2) on exclusive distribution agreements, Regulation (EEC) No
1984/83 (3), on exclusive purchasing agreements and Regulation
(EEC) No 2349/84 (4) on patent licensingag reements, if they
fulfil the conditions set out in these Regulations. The provisionsof the aforementioned Regulations are, however, not applicablein so far as this Regulation contains specific rules.
(15)If individual agreements exempted by this Regulation neverthe-less have effects which are incompatible with Article 85 (3), theCommission may withdraw the benefit of the block exemption.
(16)The Regulation should apply with retroactive effect to agree-ments in existence when the Regulation comes into force wheresuch agreements already fulfil its conditions or are modified todo so. The benefit of these provisions may not be claimed inactions pendingat the date of entry into force of this Reg ulation,nor may it be relied on as grounds for claims for damages againstthird parties.
(17)Since research and development cooperation agreements areoften of a long-term nature, especially where the cooperationextends to the exploitation of the results, it is appropriate to fixthe period of validity of the Regulation at 13 years. If thecircumstances on the basis of which the Regulation was adoptedshould change significantly within this period, the Commissionwill make the necessary amendments.
(18)Agreements which are automatically exempted pursuant to thisRegulation need not be notified. Undertakings may neverthelessin a particular case request a decision pursuant to Council Regu-lation No 17 (
5), as last amended by the Act of Accession of
Greece,
HAS ADOPTED THIS REGULATION:
Article 1
1. Pursuant to Article 85 (3) of the Treaty and subject to the provi-
sions of this Regulation, it is hereby declared that Article 85 (1) of the
(1) OJ No L 53, 22. 2. 1985, p. 1.
(2) OJ No L 173, 30. 6. 1983, p. 1.
(3) OJ No L 173, 30. 6. 1983, p. 5.
(4) OJ No L 219, 16. 8. 1984, p. 15.
(5) OJ No 13, 21. 2. 1962, p. 204/62.
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Treaty shall not apply to agreements entered into between undertakings
for the purpose of:
(a) joint research and development of products or processes and joint
exploitation of the results of that research and development;
(b) joint exploitation of the results of research and development of
products or processes jointly carried out pursuant to a prior agree-ment between the same undertakings; or
(c) joint research and development of products or processes excluding
joint exploitation of the results, in so far as such agreements fallwithin the scope of Article 85 (1).
2. For the purposes of this Regulation:
(a)research and development of products or processes means the
acquisition of technical knowledge and the carrying out of theoret-ical analysis, systematic study or experimentation, includingexperi-mental production, technical testingof products or processes, theestablishment of the necessary facilities and the obtainingof intel-lectual property rights for the results;
(b)contract processes means processes arisingout of the research and
development;
(c)contract products means products or services arisingout of the
research and development or manufactured or provided applyingthecontract processes;
(d)exploitation of the results means the manufacture of the contract
products or the application of the contract processes or the assign-ment or licensingof intellectual property rig hts or the communi-cation of know-how required for such manufacture or application;
(e)technical knowledge means technical knowledge which is either
protected by an intellectual property right or is secret (know-how).
3. Research and development of the exploitation of the results are
carried out jointlywhere:
(a) the work involved is:
— carried out by a joint team, organization or undertaking,— jointly entrusted to a third party, or— allocated between the parties by way of specialization in
research, development or production;
(b) the parties collaborate in any way in the assignment or the licensing
of intellectual property rights or the communication of know-how,within the meaningof parag raph 2 (d), to third parties.
Article 2
The exemption provided for in Article 1 shall apply on condition that:
(a) the joint research and development work is carried out within the
framework of a programme defining the objectives of the work andthe field in which it is to be carried out;
(b) all the parties have access to the results of the work;
(c) where the agreement provides only for joint research and develop-
ment, each party is free to exploit the results of the joint researchand development and any pre-existingtechnical knowledg e neces-sary therefore independently;
(d) the joint exploitation relates only to results which are protected by
intellectual property rights or constitute know-how which substan-tially contributes to technical or economic progress and that theresults are decisive for the manufacture of the contract products orthe application of the contract processes;
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(f) undertakings charged with manufacture by way of specialization in
production are required to fulfil orders for supplies from all theparties.
Article 3
1. Where the parties are not competingmanufacturers of products
capable of beingimproved or replaced by the contract products, theexemption provided for in Article 1 shall apply for the duration of theresearch and development programme and, where the results are jointlyexploited, for five years from the time the contract products are first puton the market within the common market.
2. Where two or more of the parties are competingmanufacturers
within the meaningof parag raph 1, the exemption provided for inArticle 1 shall apply for the period specified in paragraph 1 only if, atthe time the agreement is entered into, the parties’ combined productionof the products capable of beingimproved or replaced by the contractproducts does not exceed 20 % of the market for such products in thecommon market or a substantial part thereof.
3. After the end of the period referred to in paragraph 1, the exemp-
tion provided for in Article 1 shall continue to apply as longas theproduction of the contract products together with the parties’ combinedproduction of other products which are considered by users to beequivalent in view of their characteristics, price and intended use doesnot exceed 20 % of the total market for such products in the commonmarket or a substantial part thereof. Where contract products arecomponents used by the parties of the manufacture of other products,reference shall be made to the markets for such of those latter productsfor which the components represent a significant part.
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3a. Where one of the parties, a joint undertaking, a third undertakingor more than one joint undertakingor third undertakingare entrustedwith the distribution of the products which are the subject of theagreement under Article 4 (1) (fa), (fb) or (fc), the exemption providedfor in Article 1 shall apply only if the parties production of the productsreferred to in paragraphs 2 and 3 does not exceed 10 % of the marketfor all such products in the common market or a substantial part thereof.
4. The exemption provided for in Article 1 shall continue to apply
where the market shares referred to in paragraphs 3 and 4 are exceededduringany period of two consecutive financial years by not more thanone-tenth.
5. Where the limits laid down in paragraph 5 are also exceeded, the
exemption provided for in Article 1 shall continue to apply for a periodof six months followingthe end of the financial year duringwhich theywere exceeded.
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Article 4
1. The exemption provided for in Article 1 shall also apply to the
followingrestrictions of competition imposed on the parties:
(a) an obligation not to carry out independently research and develop-
ment in the field to which the programme relates or in a closelyconnected field duringthe execution of the prog ramme;
(b) an obligation not to enter into agreements with third parties on
research and development in the field to which the programmerelates or in a closely connected field duringthe execution of theprogramme;
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(c) an obligation to procure the contract products exclusively from
parties, joint organizations or undertakings or third parties, jointlycharged with their manufacture;
(d) an obligation not to manufacture the contract products or apply the
contract processes in territories reserved for other parties;
(e) an obligation to restrict the manufacture of the contract products or
application of the contract processes to one or more technical fieldsof application, except where two or more of the parties are compet-itors within the meaningof Article 3 at the time the ag reement isentered into;
(f) an obligation not to pursue, for a period of five years from the time
the contract products are first put on the market within thecommon market, an active policy of puttingthe products on themarket in territories reserved for other parties, and in particular notto engage in advertising specifically aimed at such territories or toestablish any branch or maintain any distribution depot there forthe distribution of the products, provided that users and intermedia-ries can obtain the contract products from other suppliers and theparties do not render it difficult for intermediaries and users to thusobtain the products;
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(fa) an obligation to grant one of the parties the exclusive right to
distribute the contract products, provided that that party does notdistribute products manufactured by a third producer whichcompete with the contract products;
(fb) an obligation to grant the exclusive right to distribute the contract
products to a joint undertakingor a third undertaking , provided thatthe joint undertakingor third undertakingdoes not manufacture ordistribute products which compete with the contract products;
(fc) an obligation to grant the exclusive right to distribute the contract
products in the whole or a defined area of the common market tojoint undertakings or third undertakings which do not manufactureor distribute products which compete with the contract products,provided that users and intermediaries are also able to obtain thecontract products from other suppliers and neither the parties northe joint undertakings or third undertakings entrusted with theexclusive distribution of the contract products render it difficult forusers and intermediaries to thus obtain the contract products;
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(g) an obligation on the parties to communicate to each other any
experience they may gain in exploiting the results and to granteach other non-exclusive licences for inventions relatingtoimprovements or new applications.
2. The exemption provided for in Article 1 shall also apply where in
a particular agreement the parties undertake obligations of the typesreferred to in paragraph 1 but with a more limited scope than ispermitted by that paragraph.
Article 5
1. Article 1 shall apply notwithstandingthat any of the following
obligations, in particular, are imposed on the parties during the currencyof the agreement:
(a) an obligation to communicate patented or non-patented technical
knowledge necessary for the carrying out of the research and devel-opment programme for the exploitation of its results;
(b) an obligation not to use any know-how received from another party
for purposes other than carryingout the research and developmentprogramme and the exploitation of its results;
(c) an obligation to obtain and maintain in force intellectual property
rights for the contract products or processes;
(d) an obligation to preserve the confidentiality of any know-how
received or jointly developed under the research and development
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programme; this obligation may be imposed even after the expiry of
the agreement;
(e) an obligation:
(i) to inform other parties of infringements of their intellectual
property rights,
(ii) to take legal action against infringers, and
(iii) to assist in any such legal action or share with the other parties
in the cost thereof;
(f) an obligation to pay royalties or render services to other parties to
compensate for unequal contributions to the joint research anddevelopment or unequal exploitation of its results;
(g) an obligation to share royalties received from third parties with
other parties;
(h) an obligation to supply other parties with minimum quantities of
contract products and to observe minimum standards of quality.
2. In the event that, because of particular circumstances, the obliga-
tions referred to in paragraph 1 fall within the scope of Article 85 (1),they also shall be covered by the exemption. The exemption providedfor in this paragraph shall also apply where in a particular agreementthe parties undertake obligations of the types referred to in paragraph 1but with a more limited scope than is permitted by that paragraph.
Article 6
The exemption provided for in Article 1 shall not apply where the
parties, by agreement, decision or concerted practice:
(a) are restricted in their freedom to carry out research and develop-
ment independently or in cooperation with third parties in a fieldunconnected with that to which the programme relates or, after itscompletion, in the field to which the programme relates or in aconnected field;
(b) are prohibited after completion of the research and development
programme from challenging the validity of intellectual propertyrights which the parties hold in the common market and which arerelevant to the programme or, after the expiry of the agreement,from challenging the validity of intellectual property rights whichthe parties hold in the common market and which protect the resultsof the research and development;
(c) are restricted as to the quantity of the contract products they may
manufacture or sell or as to the number of operations employingthecontract process they may carry out;
(d) are restricted in their determination of prices, components of prices
or discounts when sellingthe contract products to third parties;
(e) are restricted as to the customers they may serve, without prejudice
to Article 4 (1) (e);
(f) are prohibited from puttingthe contract products on the market or
pursuingan active sales policy for them in territories within thecommon market that are reserved for other parties after the end ofthe period referred to in Article 4 (1) (f);
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(g) are required not to grant licences to third parties to manufacture the
contract products or to apply the contract processes even though theexploitation by the parties themselves of the results of the jointresearch and development is not provided for or does not takeplace;
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(h) are required:
— to refuse without any objectively justified reason to meet
demand from users or dealers established in their respectiveterritories who would market the contract products in otherterritories within the common market, or
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— to make it difficult for users or dealers to obtain the contract
products from other dealers within the common market, and inparticular to exercise intellectual property rights or take meas-ures so as to prevent users or dealers from obtaining, or fromputtingon the market within the common market, productswhich have been lawfully put on the market within the commonmarket by another party or with its consent.
Article 7
1. The exemption provided for in this Regulation shall also apply to
agreements of the kinds described in Article 1 which fulfil the condi-tions laid down in Articles 2 and 3 and which contain obligationsrestrictive of competition which are not covered by Articles 4 and 5 anddo not fall within the scope of Article 6, on condition that the agree-ments in question are notified to the Commission in accordance with theprovisions of Commission Regulation No 27 (
1), and that the Commis-
sion does not oppose such exemption within a period of six months.
2. The period of six months shall run from the date on which the
notification is received by the Commission. Where, however, the noti-fication is made by registered post, the period shall run from the dateshown on the postmark of the place of posting.
3. Paragraph 1 shall apply only if:
(a) express reference is made to this Article in the notification or in a
communication accompanyingit, and
(b) the information furnished with the notification is complete and in
accordance with the facts.
4. The benefit of paragraph 1 may be claimed for agreements noti-
fied before the entry into force of this Regulation by submitting acommunication to the Commission referringexpressly to this Articleand to the notification. Paragraphs 2 and 3 (b) shall apply mutatis
mutandis.
5. The Commission may oppose the exemption. It shall oppose
exemption if it receives a request to do so from a Member State withinthree months of the forwardingto the Member State of the notificationreferred to in paragraph 1 or of the communication referred to inparagraph 4. This request must be justified on the basis of considera-tions relatingto the competition rules of the Treaty.
6. The Commission may withdraw the opposition to the exemption at
any time. However, where the opposition was raised at the request of aMember State and this request is maintained, it may be withdrawn onlyafter consultation of the Advisory Committee on Restrictive Practicesand Dominant Positions.
7. If the opposition is withdrawn because the undertakings concerned
have shown that the conditions of Article 85 (3) are fulfilled, theexemption shall apply from the date of notification.
8. If the opposition is withdrawn because the undertakings concerned
have amended the agreement so that the conditions of Article 85 (3) arefulfilled, the exemption shall apply from the date on which the amend-ments take effect.
9. If the Commission opposes exemption and the opposition is not
withdrawn, the effects of the notification shall be governed by theprovisions of Regulation No 17.
Article 8
1. Information acquired pursuant to Article 7 shall be used only for
the purposes of this Regulation.
(1) OJ No 35, 10. 5. 1962, p. 1118/62.
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2. The Commission and the authorities of the Member States, theirofficials and other servants shall not disclose information acquired bythem pursuant to this Regulation of a kind that is covered by theobligation of professional secrecy.
3. Paragraphs 1 and 2 shall not prevent publication of general infor-
mation or surveys which do not contain information relatingto partic-ular undertakings or associations of undertakings.
Article 9
1. The provisions of this Regulation shall also apply to rights and
obligations which the parties create for undertakings connected withthem. The market shares held and the actions and measures taken byconnected undertakings shall be treated as those of the parties them-selves.
2. Connected undertakings for the purposes of this Regulation are:
(a) undertakings in which a party to the agreement, directly or indir-
ectly:
— owns more than half the capital or business assets,— has the power to exercise more than half the votingrig hts,— has the power to appoint more than half the members of the
supervisory board, board of directors or bodies legally repre-sentingthe undertaking s, or
— has the right to manage the affairs;
(b) undertakings which directly have in or over a party to the agree-
ment the rights or powers listed in (a);
(c) undertakings in or over which an undertaking referred to in (b)
directly or indirectly has the rights or powers listed in (a).
3. Undertakings in which the parties to the agreement or undertak-
ings connected with them jointly have, directly or indirectly, the rightsor powers set out in paragraph 2 (a) shall be considered to be connectedwith each of the parties to the agreement.
Article 10
The Commission may withdraw the benefit of this Regulation, pursuant
to Article 7 of Regulation (EEC) No 2821/71, where it finds in aparticular case that an agreement exempted by this Regulation neverthe-less has certain effects which are incompatible with the conditions laiddown in Article 85 (3) of the Treaty, and in particular where:
(a) the existence of the agreement substantially restricts the scope for
third parties to carry out research and development in the relevantfield because of the limited research capacity available elsewhere;
(b) because of the particular structure of supply, the existence of the
agreement substantially restricts the access of third parties to themarket for the contract products;
(c) without any objectively valid reason, the parties do not exploit the
results of the joint research and development;
(d) the contract products are not subject in the whole or a substantial
part of the common market to effective competition from identicalproducts or products considered by users as equivalent in view oftheir characteristics, price and intended use.
Article 11
1. In the case of agreements notified to the Commission before 1
March 1985, the exemption provided for in Article 1 shall have retroac-tive effect from the time at which the conditions for application of thisRegulation were fulfilled or, where the agreement does not fall withinArticle 4 (2) (3) (b) of Regulation No 17, not earlier than the date ofnotification.
2. In the case of agreements existing on 13 March 1962 and notified
to the Commission before 1 February 1963, the exemption shall have
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retroactive effect from the time at which the conditions for applicationof this Regulation were fulfilled.
3. Where agreements which were in existence on 13 March 1962 and
which were notified to the Commission before 1 February 1963, orwhich are covered by Article 4 (2) (3) (b) of Regulation No 17 andwere notified to the Commission before 1 January 1967, are amendedbefore 1 September 1985 so as to fulfil the conditions for application ofthis Regulation, such amendment being communicated to the Commis-sion before 1 October 1985, the prohibition laid down in Article 85 (1)of the Treaty shall not apply in respect of the period prior to theamendment. The communication of amendments shall take effect fromthe date of their receipt by the Commission. Where the communicationis sent by registered post, it shall take effect from the date shown on thepostmark of the place of posting.
4. In the case of agreements to which Article 85 of the Treaty applies
as a result of the accession of the United Kingdom, Ireland andDenmark, paragraphs 1 to 3 shall apply except that the relevant datesshall be 1 January 1973 instead of 13 March 1962 and 1 July 1973instead of 1 February 1963 and 1 January 1967.
5. In the case of agreements to which Article 85 of the Treaty applies
as a result of the accession of Greece, paragraphs 1 to 3 shall applyexcept that the relevant dates shall be 1 January 1981 instead of 13March 1962 and 1 July 1981 instead of 1 February 1963 and 1 January1967.
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6. As regards agreements to which Article 83 of the Treaty applies asa result of the accession of the Kingdom of Spain and of the PortugueseRepublic, paragraphs 1 to 3 shall apply except that the relevant datesshould be 1 January 1986 instead of 13 March 1962 and 1 July 1986instead of 1 February 1963, 1 January 1967, 1 March 1985 and 1Sebtember 1985. The amendment made to the agreements in accordancewith the provisions of paragraph 3 need not be notified to the Commis-sion.
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7. As regards agreements to which Article 85 of the Treaty applies asa result of the accession of Austria, Finland and Sweden, paragraphs 1to 3 shall apply mutadis mutandis on the understandingthat the relevant
dates shall be the date of accession instead of 13 March 1962 and sixmonths after the date of accession instead of 1 February 1963, 1 January1967, 1 March 1985 and 1 September 1985. The amendment made tothese agreements in accordance with the provisions of paragraph 3 neednot be notified to the Commission. However, this paragraph shall notapply to agreements which at the date of accession already fall underArticle 53 (1) of the EEA Agreement.
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Article 12
This Regulation shall apply mutatis mutandis to decisions of associa-
tions of undertakings.
Article 13
This Regulation shall enter into force on 1 March 1985.It shall apply until 31 December 1997.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.