, OR MORE THAN 95 % , OF ESTIMATED SUPPLIES CALCULATED IN ADVANCE BY SABA , ON CONDITION THAT THE SUPPLY CONTACT BASED ON SUCH ESTIMATES IS EXECUTED .
42 ARTICLE 85 ( 3 ) RENDERS EXEMPTION FROM THE PROHIBITION PURSUANT TO ARTICLE 85 ( 1 ) SUBJECT TO THE FOLLOWING CONDITIONS : ( I ) THE AGREEMENT MUST CONTRIBUTE TO IMPROVING THE PRODUCTION OR DISTRIBUTION OF GOODS OR TO PROMOTING TECHNICAL OR ECONOMIC PROGRESS , ( II ) IT MUST ALLOW CONSUMERS A FAIR SHARE OF THE RESULTING BENEFIT , ( III ) IT MUST NOT IMPOSE RESTRICTIONS WHICH ARE NOT INDISPENSABLE TO THE ATTAINMENT OF THESE OBJECTIVES AND ( IV ) IT MUST NOT AFFORD THE UNDERTAKINGS CONCERNED THE POSSIBILITY OF ELIMINATING COMPETITION IN RESPECT OF A SUBSTANTIAL PART OF THE PRODUCTS IN QUESTION .
43 WITH REGARD TO THE FIRST CONDITION SET OUT ABOVE , THE CONCLUSION OF SUPPLY CONTRACTS FOR SIX MONTHS TAKING ACCOUNT OF THE PROBABLE GROWTH OF THE MARKET SHOULD MAKE IT POSSIBLE TO ENSURE BOTH A CERTAIN STABILITY IN THE SUPPLY OF THE RELEVANT PRODUCTS , WHICH SHOULD ALLOW THE REQUIREMENTS OF PERSONS OBTAINING SUPPLIES FROM THE WHOLESALER TO BE MORE FULLY SATISFIED , AND , SINCE SUCH SUPPLY CONTRACTS ARE OF RELATIVELY SHORT DURATION , A CERTAIN FLEXIBILITY , ENABLING PRODUCTION TO BE ADAPTED TO THE CHANGING REQUIREMENTS OF THE MARKET .
THUS A MORE REGULAR DISTRIBUTION IS ENSURED , TO THE BENEFIT BOTH OF THE PRODUCER , WHO TAKES HIS SHARE OF THE PLANNED EXPANSION OF THE MARKET IN THE RELEVANT PRODUCT , OF THE WHOLESALER , WHOSE SUPPLIES ARE SECURED , AND , FINALLY , OF THE UNDERTAKINGS WHICH OBTAIN SUPPLIES FROM THE WHOLESALER , IN THAT THE VARIETY OF AVAILABLE PRODUCTS IS INCREASED .
ANOTHER IMPROVEMENT IN DISTRIBUTION IS PROVIDED UNDER THE CLAUSE IN THE COOPERATION AGREEMENT OBLIGING SABA TO COMPENSATE WHOLESALERS FOR SERVICE PERFORMED UNDER GUARANTEE AND TO SUPPLY SPARE PARTS NECESSARY FOR REPAIRS UNDER GUARANTEE .
FURTHERMORE , THE ESTABLISHMENT OF SUPPLY FORECASTS FOR A REASONABLE PERIOD CONSTITUTES A STABILIZING FACTOR WITH REGARD TO THE PROVISION OF EMPLOYMENT WHICH , SINCE IT IMPROVES THE GENERAL CONDITIONS OF PRODUCTION , ESPECIALLY WHEN MARKET CONDITIONS ARE UNFAVOURABLE , COMES WITHIN THE FRAMEWORK OF THE OBJECTIVES TO WHICH REFERENCE MAY BE HAD PURSUANT TO ARTICLE 85 ( 3 ).
44 SECONDLY , IT MUST BE CONSIDERED WHETHER THE RESTRICTIONS IMPOSED ON WHOLESALERS UNDER THE COOPERATION AGREEMENT ARE INDISPENSABLE TO THE ATTAINMENT OF THE OBJECTIVES IN VIEW .
45 IF THERE WERE NO UNDERTAKINGS COVERING A PERIOD OF A GIVEN DURATION THE RELATIONSHIP BETWEEN THE PRODUCER AND APPOINTED WHOLESALERS COULD ONLY TAKE THE FORM OF OCCASIONAL CONTACT WHICH WOULD NOT MAKE IT POSSIBLE TO ACHIEVE THE STABILITY NECESSARY TO ENABLE SPECIALIST WHOLESALERS AND PRODUCERS TO UNDERTAKE THE OTHER OBLIGATIONS WHICH GUARANTEE IMPROVED SUPPLIES .
IN CONSIDERING THAT THE COOPERATION AGREEMENT , BY RESTRICTING THE PERIOD COVERED BY THE SUPPLY CONTRACT TO SIX MONTHS , REMAINED WITHIN THE LIMITS OF WHAT IS