FROM THE PROVISIONS OF ARTICLE 85 ( 3 ); HOWEVER , UNDER THE TERMS OF SUBPARAGRAPH ( 2 ) ( 1 ) OF THE SAME ARTICLE , THIS NOTIFICATION IS NOT NECESSARY AS REGARDS AGREEMENTS WHERE THE ONLY PARTIES THERETO ARE UNDERTAKINGS FROM ONE MEMBER STATE AND THESE AGREEMENTS DO NOT RELATE EITHER TO IMPORTS OR TO EXPORTS BETWEEN MEMBER STATES .
6 THIS SECOND CONDITION MUST BE INTERPRETED WITH REFERENCE TO THE STRUCTURE OF ARTICLE 4 AND ITS AIM OF SIMPLIFYING ADMINISTRATIVE PROCEDURE , WHICH IT PURSUES BY NOT REQUIRING UNDERTAKINGS TO NOTIFY AGREEMENTS WHICH , WHILST THEY MAY BE COVERED BY ARTICLE 85 ( 1 ), APPEAR IN GENERAL , BY REASON OF THEIR PECULIAR CHARACTERISTICS , TO BE LESS HARMFUL FROM THE POINT OF VIEW OF THE OBJECTIVES OF THIS PROVISION AND WHICH ARE THEREFORE VERY LIKELY TO BE ENTITLED TO THE BENEFIT OF ARTICLE 85 ( 3 ).
7 IN THE MAJORITY OF CASES , AGREEMENTS BETWEEN TWO UNDERTAKINGS FROM ONE MEMBER STATE WILL BE SO ENTITLED IF THEY GRANT EXCLUSIVE SALES CONCESSIONS IN RELATION TO THE MARKETING OF GOODS , WHERE THE MARKETING ENVISAGED BY THE AGREEMENT TAKES PLACE SOLELY WITHIN THE TERRITORY OF THE MEMBER STATE TO WHOSE LAW THE UNDERTAKINGS ARE SUBJECT , EVEN IF THE GOODS IN QUESTION HAVE AT A FORMER STAGE BEEN IMPORTED FROM ANOTHER MEMBER STATE .
8 THEREFORE , THE FACT THAT THE PRODUCTS INVOLVED IN SUCH AGREEMENTS HAVE PREVIOUSLY BEEN IMPORTED FROM ANOTHER MEMBER STATE DOES NOT BY ITSELF MEAN THAT THESE AGREEMENTS MUST BE REGARDED AS RELATING TO IMPORTS WITHIN THE MEANING OF ARTICLE 4 ( 2 ) OF REGULATION NO 17 .
9 IN ORDER THAT AN ADEQUATE REPLY MAY BE GIVEN TO THE NATIONAL COURT IT IS NECESSARY TO DETERMINE WHO IS RESPONSIBLE FOR ESTABLISHING WHETHER OR NOT THE AGREEMENTS THUS EXEMPT FROM NOTIFICATION ARE COVERED BY THE PROVISIONS OF ARTICLE 85 ( 1 ) AND , IF SO , WHETHER THEY BENEFIT FROM THE EXEMPTION CONTAINED IN ARTICLE 85 ( 3 ).
10 IT IS FOR THE NATIONAL COURTS BEFORE WHICH AN ACTION RELATING TO THE VALIDITY OF SUCH AGREEMENTS IS BROUGHT TO ASSESS , SUBJECT TO THE POSSIBLE APPLICATION OF ARTICLE 177 , WHETHER SUCH AGREEMENTS MAY SIGNIFICANTLY AFFECT TRADE BETWEEN MEMBER STATES .
11 ASSUMING THIS TO BE THE CASE , THESE COURTS HAVE ALSO JURISDICTION TO FIND THAT IN SPITE OF THE ABSENCE OF NOTIFICATION CONTRACTS OF THE TYPE REFERRED TO BY THE QUESTION BENEFIT FROM THE EXEMPTION RELATING TO CATEGORIES OF AGREEMENTS PROVIDED FOR IN REGULATION NO 67/67 OF THE COMMISSION IN PURSUANCE OF ARTICLE 85 ( 3 ).
12 IN FACT , UNDER ARTICLE 1 ( 1 ) OF THAT REGULATION AND SUBJECT TO THE TERMS OF ARTICLE 3 THEREOF , AGREEMENTS TO WHICH ONLY TWO UNDERTAKINGS FROM DIFFERENT MEMBER STATES ARE PARTY AND WHEREBY :
' ( A ) ONE PARTY AGREES WITH THE OTHER TO SUPPLY ONLY TO THAT OTHER CERTAIN GOODS FOR RESALE WITHIN A