. FOR THE REASONS OUTLINED ABOVE IN THIS PARAGRAPH , THE PARTIES COULD NOT HAVE BEEN EXPECTED TO ESTABLISH THE JOINT VENTURE WITH LESS SEVERE RESTRICTIONS IN THIS RESPECT .
( F ) THE ORIGINALLY NOTIFIED TEXT OF THE AGREEMENT CONTAINED SOME RESTRICTIVE PROVISIONS WHICH WERE NOT INDISPENSABLE TO THE ATTAINMENT OF THE MENTIONED BENEFITS . THESE PROVISIONS ARE REFERRED TO IN 3 ( E ) ( VI ), ( VII ) AND ( IX ) OF I ABOVE . THEY RESULTED IN TOO RIGID AN APPORTIONMENT OF WORK BETWEEN THE PARTIES FOR THE DURATION OF THE AGREEMENT AND GAVE FAR-REACHING RIGHTS TO EACH PARTY TO PERFORM WORK WHICH THE OTHER WAS UNWILLING OR UNABLE TO UNDERTAKE . AT THE REQUEST OF THE COMMISSION , THE PARTIES HAVE AMENDED THESE PROVISIONS TO ALLOW FOR ALTERNATIVE ALLOCATIONS OF FUTURE WORK AND TO AFFORD GREATER POSSIBILITIES OF SUBCONTRACTING WORK ALSO TO QUALIFIED THIRD PARTIES .
4 . THE AGREEMENT DOES NOT AFFORD THE PARTIES THE POSSIBILITY OF ELIMINATING COMPETITION IN RESPECT OF A SUBSTANTIAL PART OF THE PRODUCTS IN QUESTION .
( A ) SODIUM CIRCULATOR SYSTEMS ARE CURRENTLY IN EARLY OR EXPERIMENTAL OPERATION OR UNDER DEVELOPMENT IN FRANCE , ITALY , THE NETHERLANDS , THE FEDERAL REPUBLIC OF GERMANY , THE UNITED STATES , JAPAN AND THE USSR . THERE HAS ALSO BEEN A PREVIOUS SEPARATE THIRD-PARTY DEVELOPMENT OF A SODIUM CIRCULATOR IN THE UNITED KINGDOM , FOR ASSESSMENT IN A HIGH-TEMPERATURE TEST LOOP OPERATED BY NPC . THE AVAILABILITY OF SODIUM PUMP TECHNOLOGY TO A REASONABLE NUMBER OF OTHER COMPANIES ( SEE 4 ( E ) OF I ABOVE ), WITHIN AND OUTSIDE THE COMMUNITY , ENSURES A POTENTIAL OF COMPETITION FROM THIRD PARTIES .
( B ) FOLLOWING EXPIRY OF THE AGREEMENT , BOTH PARTIES WILL BE COMPETITORS AT ARM ' S LENGTH WITH ENHANCED TECHNICAL VERSATILITY AND COMPETENCE .
5 . THE AGREEMENT , AS AMENDED , SATISFIES THE TESTS OF EXEMPTION OF ARTICLE 85 ( 3 ), SUBJECT AS HEREINAFTER APPEARS .
IV . APPLICABILITY OF ARTICLE 8 OF REGULATION NO 17
UNDER ARTICLE 8 ( 1 ) OF REGULATION NO 17 , A DECISION IN APPLICATION OF ARTICLE 85 ( 3 ) SHALL BE ISSUED FOR A SPECIFIED PERIOD AND CONDITIONS AND OBLIGATIONS MAY BE ATTACHED THERETO .
1 . THE AGREEMENT , AS AMENDED , AND THE JOINT VENTURE CAN BE AUTHORIZED UNDER ARTICLE 85 ( 3 ) FROM THE DATE OF NOTIFICATION , NAMELY 14 APRIL 1977 , AND UNTIL EXPIRY OF THE AGREEMENT , WHICH IS LIKELY TO OCCUR ABOUT MID-1989 ( SEE 3 ( E ) ( XI ) AND ( XII ) OF I ABOVE ). IF THE AGREEMENT SHOULD NOT THEN EXPIRE IN ACCORDANCE WITH ITS TERMS , THE EXEMPTION CAN CONTINUE FOR THE REMAINING LIFE OF THE AGREEMENT , BUT WILL CEASE TO HAVE EFFECT NOT LATER THAN 31 DECEMBER 1989 .
2 . THE CONDITIONS FOR EXEMPTION ARE FULFILLED FOR THE STATED PERIOD , SOLELY IN THE LIGHT