, UNLESS THE SALE OF SUCH BEERS IN DRAUGHT FORM IS CUSTOMARY OR IS NECESSARY TO SATISFY A SUFFICIENT DEMAND FROM CONSUMERS ;
( C ) THE OBLIGATION TO ADVERTISE GOODS SUPPLIED BY OTHER UNDERTAKINGS WITHIN OR OUTSIDE THE PREMISES DESIGNATED IN THE AGREEMENT ONLY IN PROPORTION TO THE SHARE OF THESE GOODS IN THE TOTAL TURNOVER REALIZED IN THE PREMISES .
2 . BEERS OR OTHER DRINKS OF THE SAME TYPE ARE THOSE WHICH ARE NOT CLEARLY DISTINGUISHABLE IN VIEW OF THEIR COMPOSITION , APPEARANCE AND TASTE .
ARTICLE 8
1 . ARTICLE 6 SHALL NOT APPLY WHERE :
( A ) THE SUPPLIER OR A CONNECTED UNDERTAKING IMPOSES ON THE RESELLER EXCLUSIVE PURCHASING OBLIGATIONS FOR GOODS OTHER THAN DRINKS OR FOR SERVICES ;
( B ) THE SUPPLIER RESTRICTS THE FREEDOM OF THE RESELLER TO OBTAIN FROM AN UNDERTAKING OF HIS CHOICE EITHER SERVICES OR GOODS FOR WHICH NEITHER AN EXCLUSIVE PURCHASING OBLIGATION NOR A BAN ON DEALING IN COMPETING PRODUCTS MAY BE IMPOSED ;
( C ) THE AGREEMENT IS CONCLUDED FOR AN INDEFINITE DURATION OR FOR A PERIOD OF MORE THAN FIVE YEARS AND THE EXCLUSIVE PURCHASING OBLIGATION RELATES TO SPECIFIED BEERS AND OTHER DRINKS ;
( D ) THE AGREEMENT IS CONCLUDED FOR AN INDEFINITE DURATION OR FOR A PERIOD OF MORE THAN 10 YEARS AND THE EXCLUSIVE PURCHASING OBLIGATION RELATES ONLY TO SPECIFIED BEERS ;
( E ) THE SUPPLIER OBLIGES THE RESELLER TO IMPOSE THE EXCLUSIVE PURCHASING OBLIGATION ON HIS SUCCESSOR FOR A LONGER PERIOD THAN THE RESELLER WOULD HIMSELF REMAIN TIED TO THE SUPPLIER .
2 . WHERE THE AGREEMENT RELATES TO PREMISES WHICH THE SUPPLIER LETS TO THE RESELLER OR ALLOWS THE RESELLER TO OCCUPY ON SOME OTHER BASIS IN LAX OR IN FACT , THE FOLLOWING PROVISIONS SHALL ALSO APPLY :
( A ) NOTWITHSTANDING PARAGRAPHS ( 1 ) ( C ) AND ( D ) , THE EXCLUSIVE PURCHASING OBLIGATIONS AND BANS ON DEALING IN COMPETING PRODUCTS SPECIFIED IN THIS TITLE MAY BE IMPOSED ON THE RESELLER FOR THE WHOLE PERIOD FOR WHICH THE RESELLER IN FACT OPERATES THE PREMISES ;
( B ) THE AGREEMENT MUST PROVIDE FOR THE RESELLER TO HAVE THE RIGHT TO OBTAIN :
- DRINKS , EXCEPT BEER , SUPPLIED UNDER THE AGREEMENT FROM OTHER UNDERTAKINGS WHERE THESE UNDERTAKINGS OFFER THEM ON MORE FAVOURABLE CONDITIONS WHICH THE SUPPLIER DOES NOT MEET ,
- DRINKS , EXCEPT BEER , WHICH ARE OF THE SAME TYPE AS THOSE SUPPLIED UNDER THE AGREEMENT BUT WHICH BEAR DIFFERENT TRADE MARKS , FROM OTHER UNDERTAKINGS WHERE THE SUPPLIER DOES NOT OFFER THEM .
ARTICLE 9
ARTICLES 2 ( 1 ) AND ( 3 ) , 3 ( A ) AND ( B ) , 4 AND 5 SHALL APPLY MUTATIS MUTANDIS .
TITLE III
SPECIAL PROVISIONS FOR SERVICE-STATION AGREEMENTS
ARTICLE 10
PURSUANT TO ARTICLE 85 ( 3 ) OF THE TREATY AND SUBJECT TO ARTICLES 11 TO 13 OF THIS REGULATION , IT IS HEREBY DECLARED THAT ARTICLE 85