2.

The text of point 5 shall be replaced by the following: ‘396 R 0240: Commission Regulation (EC) No 240/96 of 31 January 1996 on the application of Article 85 (3) of the Treaty to certain categories of technology transfer agreements (OJ No L 31, 9. 2. 1996, p. 2). The provisions of the Regulation shall, for the purposes of the Agreement, be read with the following adaptations: (a) in Article 1 (4) the term “Member States” shall read “EC Member States or EFTA States”; (b) in Article 4 (1), the phrase “on condition that the agreements in question are notified to the Commission in accordance with the provisions of Articles 1, 2 and 3 of Regulation (EC) No 3385/94 and that the Commission does not oppose such exemption within a period of four months” shall read “on condition that agreements in question are notified to the EC Commission or the EFTA Surveillance Authority in accordance with Articles 1, 2 and 3 of Regulation (EC) No 3385/94, and the corresponding provisions envisaged in Protocol 21 to the EEA Agreement and Chapter III of Protocol 4 to the Agreement on the Establishment of a Surveillance Authority and a Court of Justice, and that the competent suveillance authority does not oppose such exemption within a period of four months.”; (c) in Article 4 (3), the phrase “in accordance with Article 4 of Regulation (EC) No 3385/94” shall read “in accordance with Article 4 of Regulation (EC) No 3385/94, and the corresponding provisions envisaged in Protocol 21 to the EEA Agreement and Chapter III of Protocol 4 to the Agreement on the Establishment of a Surveillance Authority and a Court of Justice.”; (d) in Article 4 (5), the second sentence shall be replaced by the following: “It shall oppose exemption if it receives a request to do so from a State falling within its competence within two months of the transmission to the States of the notification referred to in paragraph 1 or of the communication referred to in paragraph 4.”; (e) in Article 4 (6) the second sentence shall be replaced by the following: “However, where the opposition was raised at the request of a State falling within its competence and this request is maintained, it may be withdrawn only after consultation of its Advisory Committee on Restrictive Practices and Dominant Position.”; (f) the following shall be added at the end of Article 4 (9): “or the corresponding provisions in Protocol 21 to the EEA Agreement and Chapter II of Protocol 4 to the Agreement on the Establishment of a Surveillance Authority and a Court of Justice.”; (g) in Article 7, introductory paragraph, the phrase “pursuant to Article 7 of Regulation No 19/65/EEC” shall read “either on its own initiative or at the request of the other surveillance authority or a State falling within its competence or of natural or legal persons claiming a legitimate interest”; (h) the following paragraph shall be added at the end of Article 7: “The competent authority may in such cases issue a decision in accordance with Articles 6 and 8 of Regulation (EEC) No 17/62, or the corresponding provisions in Protocol 21 to the EEA Agreement and Chapter II of Protocol 4 to the Agreement on the Establishment of a Surveillance Authority and a Court of Justice, without any prior notification being required”; (i) in Article 10 (13), the term “Member States” shall read “EC Member State or EFTA State.”’