Decision of the EEA Joint Committee

No 44/2000

of 19 May 2000

amending Protocol 21 to the EEA Agreement, on the implementation of competition rules applicable to undertakings

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as "the Agreement", and in particular Article 98 thereof,

Whereas:

(1) Protocol 21 to the Agreement was amended by Decision No 60/1999 of the EEA Joint Committee of 30 April 1999(1).

(2) Council Regulation (EC) No 1216/1999 of 10 June 1999 amending Regulation No 17, first Regulation implementing Articles 81 and 82 of the Treaty(2) is to be incorporated into the Agreement.

(3) The numbering and wording of Article 4(2) of Protocol 21 to the Agreement should be brought in line with Article 4(2) of Regulation No 17, first Regulation implementing Articles 81 and 82 of the Treaty,

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in point 3 (Council Regulation No 17/62) of Article 3(1) of Protocol 21 to the Agreement:

"- 399 R 1216: Council Regulation (EC) No 1216/1999 of 10 June 1999 (OJ L 148, 15.6.1999, p. 5)."

Article 2

The text of Article 4(2) of Protocol 21 to the Agreement shall be replaced by the following:

"2. Paragraph 1 shall not apply to agreements, decisions and concerted practices where:

1. the only parties thereto are undertakings from one EC Member State or from one EFTA State and the agreements, decisions or practices do not relate either to imports or to exports between Contracting Parties;

2. (a) the agreements or concerted practices are entered into by two or more undertakings, each operating, for the purposes of the agreement, at a different level of the production or distribution chain, and relate to the conditions under which the parties may purchase, sell or resell certain goods or services;

(b) not more than two undertakings are party thereto, and the agreements only impose restrictions on the exercise of the rights of the assignee or user of industrial property rights, in particular patents, utility models, designs or trade marks, or of the person entitled under a contract to the assignment, or grant, of the right to use a method of manufacture or knowledge relating to the use 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 agreements necessary for achieving this,

- where the products which are the subject of specialisation do not, in a substantial part of the territory covered by the Agreement, represent more than 15 % of the volume of business done in identical products or those considered by consumers to be similar by reason of their characteristics, price and use, and

- where the total annual turnover of the participating undertakings does not exceed 200 million EUR.

These agreements, decisions and practices may be notified to the competent surveillance authority pursuant to Article 56, Protocol 23 and the rules referred to in Articles 1 to 3 of this Protocol."

Article 3

The texts of Regulation (EC) No 1216/1999 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Communities, shall be authentic.

Article 4

This Decision shall enter into force on 20 May 2000, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee(3).

Article 5

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Communities.

Done at Brussels, 19 May 2000.

For the EEA Joint Committee

The President

F. Barbaso

(1) Not yet published in the Official Journal.

(2) OJ L 148, 15.6.1999, p. 5.

(3) No constitutional requirements indicated.