OF ARTICLE 3 OF REGULATION NO 67/67 AND ARE THEREFORE EXCLUDED FROM THE DECLARATION OF INAPPLICABILITY UNDER ARTICLE 85 ( 1 ) OF THE TREATY FROM WHICH CERTAIN CATEGORIES OF CONTRACT BENEFIT BY VIRTUE OF ARTICLE 1 OF REGULATION NO 67/67 .
4 THE SECOND QUESTION ASKS WHETHER THE REPLY TO THE FIRST QUESTION MAY DIFFER ACCORDING TO WHETHER THE INTERMEDIARIES AND CONSUMERS ESTABLISHED IN THE TERRITORY COVERED BY THE CONTRACT DO OR DO NOT HAVE A REAL POSSIBILITY OF ACQUIRING THE PRODUCTS IN QUESTION ELSEWHERE IN THE COMMON MARKET, OUTSIDE THE MEMBER STATE WHERE THE MANUFACTURER IS ESTABLISHED AND ACCORDING TO WHETHER THEY DO OR DO NOT MAKE USE OF SUCH A POSSIBILITY .
5 BY REASON OF THE CONNEXION BETWEEN THESE TWO QUESTIONS THEY OUGHT TO BE CONSIDERED TOGETHER .
6 ARTICLE 1 OF REGULATION NO 67/67 OF THE COMMISSION OF 22 MARCH 1967 ON THE APPLICATION OF ARTICLE 85 ( 3 ) OF THE TREATY TO CERTAIN CATEGORIES OF EXCLUSIVE DEALING AGREEMENTS, STIPULATES THE AGREEMENTS TO WHICH THE PROVISIONS OF ARTICLE 85 ( 1 ) OF THE TREATY APPLY .
7 AS IS SHOWN BY THE SIXTH AND SEVENTH RECITALS TO THE REGULATION, THE INAPPLICABILITY OF ARTICLE 85 ( 1 ) OF THE TREATY TO EXCLUSIVE DEALING AGREEMENTS FALLING WITHIN THE CATEGORY THUS LAID DOWN FINDS ITS JUSTIFICATION IN THE ADVANTAGES WHICH IN THE PRESENT STATE OF TRADE SUCH AGREEMENTS AFFORD FOR THE IMPROVEMENT AND THE CONTINUITY OF SUPPLIES AS WELL AS THE CONTINUANCE OF THE COMPETITION SYSTEM TO THE BENEFIT OF PARTICULAR SMALL AND MEDIUM-SIZE UNDERTAKINGS .
8 NEVERTHELESS THE NINTH AND TENTH RECITALS TO THAT REGULATION STATE THAT 'ANY EXEMPTION MUST BE SUBJECT TO CERTAIN CONDITIONS' WITH A VIEW TO ENSURING THAT CONSUMERS SHALL OBTAIN THE ADVANTAGES WHICH RESULT FROM EXCLUSIVE DEALING AND WITH A VIEW TO ENSURING COMPETITION AT THE DISTRIBUTION STAGE .
9 TO THIS END, ARTICLE 3 OF THE REGULATION PROVIDES THAT THE PROVISIONS OF ARTICLE 1 ( 1 ) SHALL NOT APPLY WHERE
'......
( B ) THE CONTRACTING PARTIES MAKE IT DIFFICULT FOR INTERMEDIARIES OR CONSUMERS TO OBTAIN THE GOODS TO WHICH THE CONTRACT RELATES FROM OTHER DEALERS WITHIN THE COMMON MARKET, IN PARTICULAR WHERE THE CONTRACTING PARTIES
1 . ......
2 . ... TAKE OTHER MEASURES TO PREVENT DEALERS OR CONSUMERS FROM OBTAINING FROM ELSEWHERE GOODS TO WHICH THE CONTRACT RELATES OR FROM SELLING THEM IN THE TERRITORY COVERED BY THE CONTRACT '.
10 IT FOLLOWS FROM THIS PROVISION THAT REGULATION NO 67/67, WHILST ADMITTING THAT ARTICLE 85 ( 1 ) OF THE TREATY DOES NOT APPLY TO CERTAIN CATEGORIES OF EXCLUSIVE DEALING AGREEMENTS RELATING TO TRADE BETWEEN MEMBER STATES, NEVERTHELESS REQUIRES THAT SUCH AGREEMENTS SHALL NOT HAVE THE EFFECT OF MAKING IT DIFFICULT TO OBTAIN SUPPLIES OF THE GOODS IN QUESTION WITHIN THE COMMUNITY AND SHALL NOT RESULT IN THE PARTITIONING OF MARKETS CONTRARY TO THE FUNDAMENTAL PRINCIPLES OF THE COMMON MARKET .
11 UNDER THE ABOVEMENTIONED PROVISION THE CONDITIONS WHICH JUSTIFY THE INAPPLICABILITY OF ARTICLE 85 (