COMPANY BELONGING TO A PARTY ' S GROUP IS , FOR THESE PURPOSES , A COMPANY IN WHICH SUCH PARTY OR ANY OTHER COMPANY IN EITHER THE DE LAVAL TURBINE INCORPORATED GROUP OR THE VERENIGDE MACHINEFABRIEKEN NV GROUP , DIRECTLY OR INDIRECTLY , CONTROLS AT LEAST HALF THE VOTING RIGHTS , OR HAS THE RIGHT TO APPOINT HALF THE MEMBERS OF THE BOARD OF DIRECTORS OR IN ANY OTHER WAY IS ABLE TO CONTROL THE AFFAIRS OF SUCH COMPANY .
FOR THE REASONS STATED ABOVE , THEREFORE , OBLIGATIONS MUST BE IMPOSED TO ENSURE THAT THE PARTIES INFORM THE COMMISSION WITHOUT DELAY OF SUCH RELATIONSHIPS OR NEW ACTIVITIES .
THE OPPORTUNITIES FOR THE PARTIES TO COMPETE ON THE DISSOLUTION OF THE JOINT VENTURE MUST NOT BE PREJUDICED BY ANY AGREEMENT OR PRACTICE ENTERED INTO OR OPERATED BY THE PARTIES IN ORDER TO RETAIN OR EMPLOY THOSE EMPLOYEES OF THE DISSOLVED SUBSIDIARY WHO ARE REQUIRED BY EITHER PARTY IN ORDER TO CONTINUE IN BUSINESS . IF THEY DO TERMINATE THE JOINT VENTURE THE PARTIES MUST BE REQUIRED TO INFORM THE COMMISSION OF ANY AGREEMENTS OR PRACTICES IN THAT CONNECTION SO THAT THE COMMISSION CAN ENSURE THAT COMPETITION IS NOT THEREBY RESTRICTED .
17 . UNDER ARTICLE 8 ( 1 ) OF REGULATION NO 17 , A COMMISSION DECISION GRANTING EXEMPTION UNDER ARTICLE 85 ( 3 ) OF THE TREATY MUST BE ISSUED FOR A SPECIFIED PERIOD .
THE JOINT VENTURE IN QUESTION , TO WHICH THE PARTIES ARE EXTENSIVELY COMMITTED , HAS TO BE GIVEN THE OPPORTUNITY TO DEVELOP PROPERLY IF IT IS TO OFFER WORTHWHILE BENEFITS . A PERIOD OF NINE YEARS WOULD THEREFORE NOT SEEM EXCESSIVE . THE DATE AT WHICH THE THIRD STAGE OF THE AGREEMENT IS DUE TO END , 1 SEPTEMBER 1986 , WOULD ACCORDINGLY SEEM TO BE AN APPROPRIATE LIMIT FOR THE EXEMPTION ,
HAS ADOPTED THIS DECISION :
ARTICLE 1
IT IS HEREBY DECLARED , PURSUANT TO ARTICLE 85 ( 3 ) OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND SUBJECT TO THE CONDITIONS SET OUT BELOW , THAT THE PROVISIONS OF ARTICLE 85 ( 1 ) ARE , AND SHALL BE , UNTIL 1 SEPTEMBER 1986 , INAPPLICABLE TO THE BASIC AGREEMENT AND FOUR IMPLEMENTING AGREEMENTS MADE ON 1 SEPTEMBER 1971 BY DE LAVAL TURBINE INTERNATIONAL INCORPORATED AND STORK ROTERENDE WERKTUIGEN BV , FORMERLY KNOWN AS STORK POMPEN NV , OF THE ONE PART , AND KONINKLIJE MACHINEFABRIEK STORK BV , ON THE OTHER PART , FOR THE FORMATION OF THE JOINT VENTURE DE LAVAL-STORK VOF .
1 . IF FOR ANY REASON THE JOINT VENTURE CANNOT MEET AN ORDER FROM A CUSTOMER , THE EXCLUSIVE NATURE OF THE PATENTS AND KNOW-HOW LICENCES GRANTED TO IT BY THE PARENT COMPANIES SHALL NOT PREVENT SUCH COMPANIES FROM DEALING DIRECTLY WITH SUCH CUSTOMER OR FROM GRANTING NON-EXCLUSIVE LICENCES TO THIRD PARTIES TO DEAL WITH THAT CUSTOMER .
2 . THE LICENCES TO BE GRANTED UNDER CLAUSE 8 ( 4 ) OF THE BASIC