FOR THE IMPORT OF FERROUS SCRAP OR OTHER STEELMAKING RAW MATERIAL ,
( II ) BY ENTERING INTO CONTRACTS FOR SHIP-BREAKING AND THE DISPOSAL OF SCRAP MATERIAL THEREBY PRODUCED " ;
WHEREAS IN ORDER TO DETERMINE THE NEED FOR THE EMPLOYMENT OF SSL , THE PARTIES ARE TO REGULARLY EXCHANGE INFORMATION ON THE PRICES PAID FOR FERROUS SCRAP ACCORDING TO GRADE AND QUALITY , AND ARE ALSO TO EXCHANGE SIMILAR INFORMATION ON SUCH OTHER STEELMAKING RAW MATERIALS AS MAY BE AGREED BY THEM FROM TIME TO TIME ;
WHEREAS SSL MAY ALSO BE EMPLOYED BY THE PARTIES TO FURTHER THEIR STUDIES OF THE DIRECT REDUCTION OF IRON ORE FOR USE AS A STEELMAKING RAW MATERIAL AND TO MAKE ARRANGEMENTS FOR THE SUPPLY OF SUCH MATERIAL ;
4 . WHEREAS EACH PARTY TO THE PROPOSED AGREEMENT SHALL HAVE THE POWER TO APPOINT A REPRESENTATIVE TO THE MANAGEMENT COMMITTEE OF SSL WHICH IS TO HAVE THE POWER TO DIRECT SSL TO TAKE ACTION UNDER THE AGREEMENT ;
5 . WHEREAS THE PROPOSED AGREEMENT IS TO REMAIN IN EXISTENCE FOR A PERIOD OF THREE YEARS FROM THE DATE OF AUTHORIZATION BY THE COMMISSION , AND SHALL CONTINUE THEREAFTER AS MAY BE AGREED SUBJECT TO THE RIGHT OF ANY PARTY TO GIVE SIX MONTHS' NOTICE OF WITHDRAWAL AT ANY TIME ;
6 . WHEREAS THIS AGREEMENT CONCERNS UNDERTAKINGS ENGAGED IN PRODUCTION OR DISTRIBUTION IN THE STEEL INDUSTRY , AS DEFINED IN ARTICLE 80 AND WITHIN THE AREA LAID DOWN THEREBY ;
WHEREAS THIS AGREEMENT RESCTRICTS NORMAL COMPETITION WITHIN THE COMMON MARKET IN THAT THE PARTIES UNDERTAKE TO ALLOCATE PRODUCTS AND SOURCES OF SUPPLY BY THE USE OF SSL AND THE COMMON CONSULTATION PROCEDURE IT PROVIDES ;
WHEREAS THIS AGREEMENT IS THEREFORE PROHIBITED BY ARTICLE 65 ( 1 ) ;
7 . WHEREAS IN ACCORDANCE WITH ARTICLE 65 ( 2 ) AUTHORIZATION MAY BE GIVEN TO SPECIALIZATION AGREEMENTS OR JOINT BUYING OR JOINT SELLING AGREEMENTS OR TO AGREEMENTS WHICH ARE STRICTLY ANALOGOUS IN NATURE AND EFFECT TO THESE IF THE COMMISSION FINDS THAT SUCH AGREEMENTS FULFIL THE REQUIREMENTS LAID DOWN IN THE SAID ARTICLE 65 ( 2 ) ;
WHEREAS THE PROPOSED AGREEMENT IS TO BE CONSIDERED AS STRICTLY ANALOGOUS IN NATURE AND EFFECT TO A JOINT BUYING AGREEMENT ;
8 . WHEREAS THE PROPOSED AGREEMENT CAN BE AUTHORIZED UNDER THE PROVISIONS OF ARTICLE 65 ( 2 ) IN SO FAR AS IT MAKES A SUBSTANTIAL IMPROVEMENT IN PRODUCTION OR DISTRIBUTION AND IS ESSENTIAL TO ACHIEVE THESE RESULTS WITHOUT BEING OF A MORE RESTRICTIVE NATURE THAN IS NECESSARY FOR THE ACHIEVEMENT OF THIS PURPOSE ; FURTHERMORE , THE AGREEMENT MUST NOT BE LIABLE TO GIVE THE UNDERTAKINGS CONCERNED THE POWER TO DETERMINE THE PRICES OR TO CONTROL OR RESTRICT THE PRODUCTION OR MARKETING OF A SUBSTANTIAL PART OF THE PRODUCTS IN QUESTION WITHIN THE COMMON MARKET , OR TO SHIELD THEM AGAINST EFFECTIVE COMPETITION FROM OTHER UNDERTAKINGS WITHIN THE COMMON MARKET ;
9 . WHEREAS THE PARTIES ARE SMALL AND MEDIUMSIZED UNDERTAKINGS WHO UTILIZE OPEN