TO ENSURE THAT ALL CAPACITY SET DOWN FOR SCRAPPING IS ACTUALLY SCRAPPED .
( 47 ) FINALLY , THE RESTRICTIONS ON THE SCALE OF THE PARTIES' PRODUCTION FACILITIES ARE ALSO INDISPENSABLE FOR THE ATTAINMENT OF THE OBJECTIVES IN VIEW .
( 48 ) ( D ) FOR ARTICLE 85 ( 3 ) TO BE APPLICABLE , THE AGREEMENT MUST FURTHER NOT AFFORD THE UNDERTAKINGS THE POSSIBILITY OF ELIMINATING COMPETITION FOR A SUBSTANTIAL PART OF THE PRODUCTS IN QUESTION .
( 49 ) IN DETERMINING WHETHER THIS CONDITION IS MET , ACCOUNT MUST BE TAKEN OF THE FEATURES OF THE MARKET , THE DURATION OF THE AGREEMENT AND THE PROVISIONS CONTAINED IN IT .
( 50 ) THE SIGNATORIES ARE NOT THE ONLY SUPPLIERS OF THE PRODUCTS COVERED BY THE AGREEMENT ON THE COMMUNITY MARKET . A NUMBER OF OTHER PRODUCERS , INCLUDING SUBSIDIARIES OF NORTH AMERICAN COMPANIES AND AMERICAN PRODUCERS IMPORTING DIRECT FROM THE UNITED STATES , ALSO OPERATE ON THE MARKET AND ARE IN STRONG COMPETITION WITH THE SIGNATORIES .
( 51 ) THE PRODUCTS COVERED BY THE AGREEMENT ARE IN COMPETITION WITH NATURAL FIBRES ( COTTON AND WOOL ) AND CELLULOSICS . ALTHOUGH NORMALLY USED TOGETHER , THESE FIBRES ARE ALL TO SOME EXTENT INTERCHANGEABLE AND THEREFORE COMPETING MATERIALS , THE DEGREE OF COMPETITION BETWEEN THEM DEPENDING ON THEIR RELATIVE PRICES .
( 52 ) THE LIMITED DURATION OF THE AGREEMENT , WHICH IS DUE TO EXPIRE ON 31 DECEMBER 1985 , OBLIGES THE SIGNATORIES TO TAKE ACCOUNT IN THE DISPOSITIONS THEY MAKE WHILE IT IS IN FORCE OF THE IMMINENT DISAPPEARANCE OF THE RESTRICTIONS AT THE SCHEDULED DATE . MOREOVER , THERE IS NO PROVISION IN THE AGREEMENT FOR ANY COORDINATION OF THE SIGNATORIES' COMMERCIAL BEHAVIOUR , AND THE COORDINATED CAPACITY REDUCTIONS INVOLVE BUT ONE ELEMENT OF THE UNDERTAKINGS' COMPETITIVE STRATEGIES .
C . ARTICLES 6 AND 8 OF REGULATION NO 17
( 53 ) THE PARTIES SIGNED THE AGREEMENT ON 21 OCTOBER 1982 AND NOTIFIED IT ON 10 NOVEMBER 1982 . UNDER ARTICLE 6 OF REGULATION NO 17 , THE DECISION APPLYING ARTICLE 85 ( 3 ) OF THE TREATY CAN THEREFORE TAKE EFFECT ON 10 NOVEMBER 1982 .
( 54 ) AS THE AGREEMENT EXPIRES ON 31 DECEMBER 1985 , IT IS APPROPRIATE TO DETERMINE THAT DATE AS THE DATE UNTIL WHICH THE DECISION SHALL REMAIN IN EFFECT , IN ACCORDANCE WITH ARTICLE 8 ( 1 ) OF REGULATION NO 17 .
( 55 ) THE AGREEMENT MUST NOT BE ALLOWED TO PROVIDE AN OPPORTUNITY FOR EXCHANGING INFORMATION WHICH COULD GIVE RISE TO CONCERTED PRACTICES INCOMPATIBLE WITH ARTICLE 85 . THEREFORE , IT IS NECESSARY TO REQUIRE THE SIGNATORIES TO REFRAIN FROM COMMUNICATING DETAILS OF THEIR INDIVIDUAL OUTPUT AND DELIVERIES OF SYNTHETIC FIBRES TO ONE ANOTHER EITHER DIRECTLY OR THROUGH THE TRUSTEE BODY OR A THIRD PARTY ,
HAS ADOPTED THIS DECISION :
ARTICLE 1
PURSUANT TO ARTICLE 85 ( 3 ) OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , THE PROVISIONS OF ARTICLE