WITHIN WHICH THEY MAY , IN ACCORDANCE WITH ARTICLE 4 OF REGULATION NO 19/65/EEC , MODIFY THEIR AGREEMENTS AND PRACTICES SO AS TO SATISFY THE CONDITIONS LAID DOWN IN THIS REGULATION , WITHOUT IS BEING POSSIBLE , UNDER ARTICLE 4 ( 3 ) OF REGULATION NO 19/65/EEC , TO REPLY THEREON IN ACTIONS WHICH ARE PENDING AT THE TIME OF ENTRY INTO FORCE OF THIS REGULATION , OR AS GROUNDS FOR CLAIMS FOR DAMAGES AGAINST THIRD PARTIES ;
WHEREAS AGREEMENTS AND CONCERTED PRACTICES WHICH SATISFY THE CONDITIONS SET OUT IN THIS REGULATION NEED NO LONGER BE NOTIFIED ; WHEREAS ARTICLE 4 ( 2 ) ( A ) OF REGULATION NO 27 ( 3 ) , AS AMENDED BY REGULATION NO 153 ( 4 ) , CAN BE REPEALED , SINCE AGREEMENTS WHICH IT WAS POSSIBLE TO NOTIFY ON FORM B 1 WOULD NORMALLY COME WITHIN THE SCOPE OF THE EXEMPTION ;
WHEREAS AGREEMENTS NOTIFIED ON FORM B 1 AND NOT AMENDED SO AS TO SATISFY THE CONDITIONS OF THIS REGULATION SHOULD BE MADE SUBJECT TO THE NORMAL NOTIFICATION PROCEDURE , IN ORDER THAT THEY MAY BE EXAMINED INDIVIDUALLY ;
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . PURSUANT TO ARTICLE 85 ( 3 ) OF THE TREATY AND SUBJECT TO THE PROVISIONS OF THIS REGULATION IT IS HEREBY DECLARED THAT UNTIL 31 DECEMBER 1972 ARTICLE 85 ( 1 ) OF THE TREATY SHALL NOT APPLY TO AGREEMENTS TO WHICH ONLY TWO UNDERTAKINGS ARE PARTY AND WHEREBY :
( A ) ONE PARTY AGREES WITH THE OTHER TO SUPPLY ONLY TO THAT OTHER CERTAIN GOODS FOR RESALE WITHIN A DEFINED AREA OF THE COMMON MARKET ; OR
( B ) ONE PARTY AGREES WITH THE OTHER TO PURCHASE ONLY FROM THAT OTHER CERTAIN GOODS FOR RESALE ; OR
( C ) THE TWO UNDERTAKINGS HAVE ENTERED INTO OBLIGATIONS , AS IN ( A ) AND ( B ) ABOVE , WITH EACH OTHER IN RESPECT OF EXCLUSIVE SUPPLY AND PURCHASE FOR RESALE .
2 . PARAGRAPH 1 SHALL NOT APPLY TO AGREEMENTS TO WHICH UNDERTAKINGS FROM ONE MEMBER STATE ONLY ARE PARTY AND WHICH CONCERN THE RESALE OF GOODS WITHIN THAT MEMBER STATE .
ARTICLE 2
1 . APART FROM AN OBLIGATION FALLING WITHIN ARTICLE 1 , NO RESTRICTION ON COMPETITION SHALL BE IMPOSED ON THE EXCLUSIVE DEALER OTHER THAN :
( A ) THE OBLIGATION NOT TO MANUFACTURE OR DISTRIBUTE , DURING THE DURATION OF THE CONTRACT OR UNTIL ONE YEAR AFTER ITS EXPIRATION , GOODS WHICH COMPETE WITH THE GOODS TO WHICH THE CONTRACT RELATES ;
( B ) THE OBLIGATION TO REFRAIN , OUTSIDE THE TERRITORY COVERED BY THE CONTRACT , FROM SEEKING CUSTOMERS FOR THE GOODS TO WHICH THE CONTRACT RELATES , FROM ESTABLISHING ANY BRANCH , OR FROM MAINTAINING ANY DISTRIBUTION DEPOT .
2 . ARTICLE 1 ( 1 ) SHALL APPLY NOTWITHSTANDING THAT THE EXCLUSIVE DEALER UNDERTAKES ALL OR ANY OF THE FOLLOWING OBLIGATIONS :
( A ) TO PURCHASE COMPLETE RANGES OF GOODS