Source: EURLEX
Language: en
Format: md

1985R0418 — EN — 01.12.1997 — 002.001 — 1

**This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents**

**►B** **COMMISSION REGULATION (EEC) No 418/85**

**of 19 December 1984**

**on the application of Article 85 (3) of the Treaty to categories of research and development**
**agreements**

(OJ L 53, 22.2.1985, p. 5)

Amended by:

Official Journal

No page date

**►M1** Commission Regulation (EEC) No 151/93 of 23 December 1992 L 21 8 29.1.1993

**►M2** Commission Regulation (EC) No 2236/97 of 10 November 1997 L 306 12 11.11.1997

Amended by:

**►A1** Act of Accession of Spain and Portugal L 302 23 15.11.1985

**►A2** Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994

(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995

**▼B**

1985R0418 — EN — 01.12.1997 — 002.001 — 2

**COMMISSION REGULATION (EEC) No 418/85**

**of 19 December 1984**

**on the application of Article 85 (3) of the Treaty to categories of**
**research and development agreements**

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic
Community,

Having regard to Council Regulation (EEC) No 2821/71 of 20
December 1971 on the application of Article 85 (3) of the Treaty to
categories of agreements, decisions and concerted practices ( [1] ), as last
amended by the Act of Accession of Greece, and in particular Article 1
thereof,

Having published a draft of this Regulation ( [2] ),

Having consulted the Advisory Committee on Restrictive Practices and
Dominant Positions,

Whereas:

(1) Regulation (EEC) No 2821/71 empowers the Commission to
apply Article 85 (3) of the Treaty by Regulation to certain
categories of agreements, decisions and concerted practices
falling within the scope of Article 85 (1) which have as their
object the research and development of products or processes up
to the stage of industrial application, and exploitation of the
results, including provisions regarding industrial property rights
and confidential technical knowledge.

(2) As stated in the Commission’s 1968 notice concerning agreements, decisions and concerted practices in the field of cooperation between enterprises ( [3] ), agreements on the joint execution of
research work or the joint development of the results of the
research, up to but not including the stage of industrial application, generally do not fall within the scope of Article 85 (1) of the
Treaty. In certain circumstances, however, such as where the
parties agree not to carry out other research and development in
the same field, thereby forgoing the opportunity of gaining
competitive advantages over the other parties, such agreements
may fall within Article 85 (1) and should therefore not be
excluded from this Regulation.

(3) Agreements providing for both joint research and development
and joint exploitation of the results may fall within Article 85 (1)
because the parties jointly determine how the products developed
are manufactured or the processes developed are applied or how
related intellectual property rights or know-how are exploited.

(4) Cooperation in research and development and in the exploitation
of the results generally promotes technical and economic
progress by increasing the dissemination of technical knowledge
between the parties and avoiding duplication of research and
development work, by stimulating new advances through the
exchange of complementary technical knowledge, and by rationalizing the manufacture of the products or application of the
processes arising out of the research and development. These
aims can be achieved only where the research and development
programme and its objectives are clearly defined and each of the
parties is given the opportunity of exploiting any of the results of
the programme that interest it; where universities or research
institutes participate and are not interested in the industrial

( [1] ) OJ No L 285, 29. 12. 1971, p. 46.
( [2] ) OJ No C 16, 21. 1. 1984, p. 3.
( [3] ) OJ No C 75, 29. 7. 1968, p. 3, corrected by OJ No C 84, 28. 8. 1968, p.
14.

1985R0418 — EN — 01.12.1997 — 002.001 — 3

**▼B**
exploitation of the results, however, it may be agreed that they
may use the said results solely for the purpose of further research.

(5) Consumers can generally be expected to benefit from the
increased volume and effectiveness of research and development
through the introduction of new or improved products or services
or the reduction of prices brought about by new or improved

processes.

(6) This Regulation must specify the restrictions of competition
which may be included in the exempted agreements. The purpose
of the permitted restrictions is to concentrate the research activities of the parties in order to improve their chances of success,
and to facilitate the introduction of new products and services
onto the market. These restrictions are generally necessary to
secure the desired benefits for the parties and consumers.

(7) The joint exploitation of results can be considered as the natural
consequence of joint research and development. It can take
different forms ranging from manufacture to the exploitation of
intellectual property rights or know-how that substantially contributes to technical or economic progress. In order to attain the
benefits and objectives described above and to justify the restrictions of competition which are exempted, the joint exploitation
must relate to products or processes for which the use of the
results of the research and development is decisive. Joint exploitation is not therefore justified where it relates to improvements
which were not made within the framework of a joint research
and development programme but under an agreement having
some other principal objective, such as the licensing of intellectual property rights, joint manufacture or specialization, and
merely containing ancillary provisions on joint research and
development.

(8) The exemption granted under the Regulation must be limited to
agreements which do not afford the undertakings the possibility
of eliminating competition in respect of a substantial part of the
products in question. In order to guarantee that several independent poles of research can exist in the common market in any
economic sector, it is necessary to exclude from the block
exemption agreements between competitors whose combined
share of the market for products capable of being improved or
replaced by the results of the research and development exceeds a
certain level at the time the agreement is entered into.

(9) In order to guarantee the maintenance of effective competition
during joint exploitation of the results, it is necessary to provide
that the block exemption will cease to apply if the parties’
combined shares of the market for the products arising out of the
joint research and development become too great. However, it
should be provided that the exemption will continue to apply,
irrespective of the parties’ market shares, for a certain period
after the commencement of joint exploitation, so as to await
stabilization of their market shares, particularly after the introduction of an entirely new product, and to guarantee a minimum
period of return on the generally substantial investments
involved.

(10) Agreements between undertakings which do not fulfil the market
share conditions laid down in the Regulation may, in appropriate
cases, be granted an exemption by individual decision, which will
in particular take account of world competition and the particular
circumstances prevailing in the manufacture of high technology
products.

(11) It is desirable to list in the Regulation a number of obligations
that are commonly found in research and development agreements but that are normally not restrictive of competition and to
provide that, in the event that, because of the particular economic
or legal circumstances, they should fall within Article 85 (1),
they also would be covered by the exemption. This list is not
exhaustive.

**▼B**

1985R0418 — EN — 01.12.1997 — 002.001 — 4

(12) The Regulation must specify what provisions may not be
included in agreements if these are to benefit from the block
exemption by virtue of the fact that such provisions are restrictions falling within Article 85 (1) for which there can be no
general presumption that they will lead to the positive effects
required by Article 85 (3).

(13) Agreements which are not automatically covered by the exemption because they include provisions that are not expressly
exempted by the Regulation and are not expressly excluded from
exemption are none the less capable of benefiting from the
general presumption of compatibility with Article 85 (3) on
which the block exemption is based. It will be possible for the
Commission rapidly to establish whether this is the case for a
particular agreement. Such an agreement should therefore be
deemed to be covered by the exemption provided for in this
Regulation where it is notified to the Commission and the
Commission does not oppose the application of the exemption
within a specified period of time.

(14) Agreements covered by this Regulation may also take advantage
of provisions contained in other block exemption Regulations of
the Commission, and in particular Regulation (EEC) No 417/
85 ( [1] ) on specialization agreements, Regulation (EEC) No 1983/
83 ( [2] ) on exclusive distribution agreements, Regulation (EEC) No
1984/83 ( [3] ), on exclusive purchasing agreements and Regulation
(EEC) No 2349/84 ( [4] ) on patent licensing agreements, if they
fulfil the conditions set out in these Regulations. The provisions
of the aforementioned Regulations are, however, not applicable
in so far as this Regulation contains specific rules.

(15) If individual agreements exempted by this Regulation nevertheless have effects which are incompatible with Article 85 (3), the
Commission may withdraw the benefit of the block exemption.

(16) The Regulation should apply with retroactive effect to agreements in existence when the Regulation comes into force where
such agreements already fulfil its conditions or are modified to
do so. The benefit of these provisions may not be claimed in
actions pending at the date of entry into force of this Regulation,
nor may it be relied on as grounds for claims for damages against
third parties.

(17) Since research and development cooperation agreements are
often of a long-term nature, especially where the cooperation
extends to the exploitation of the results, it is appropriate to fix
the period of validity of the Regulation at 13 years. If the
circumstances on the basis of which the Regulation was adopted
should change significantly within this period, the Commission
will make the necessary amendments.

(18) Agreements which are automatically exempted pursuant to this
Regulation need not be notified. Undertakings may nevertheless
in a particular case request a decision pursuant to Council Regulation No 17 ( [5] ), as last amended by the Act of Accession of
Greece,

HAS ADOPTED THIS REGULATION:

_Article 1_

1. Pursuant to Article 85 (3) of the Treaty and subject to the provisions of this Regulation, it is hereby declared that Article 85 (1) of the

( [1] ) OJ No L 53, 22. 2. 1985, p. 1.
( [2] ) OJ No L 173, 30. 6. 1983, p. 1.
( [3] ) OJ No L 173, 30. 6. 1983, p. 5.
( [4] ) OJ No L 219, 16. 8. 1984, p. 15.
( [5] ) OJ No 13, 21. 2. 1962, p. 204/62.

1985R0418 — EN — 01.12.1997 — 002.001 — 5

**▼B**
Treaty shall not apply to agreements entered into between undertakings
for the purpose of:

(a) joint research and development of products or processes and joint
exploitation of the results of that research and development;

(b) joint exploitation of the results of research and development of
products or processes jointly carried out pursuant to a prior agreement between the same undertakings; or

(c) joint research and development of products or processes excluding
joint exploitation of the results, in so far as such agreements fall
within the scope of Article 85 (1).

2. For the purposes of this Regulation:

(a) _research and development of products or processes_ means the
acquisition of technical knowledge and the carrying out of theoretical analysis, systematic study or experimentation, including experimental production, technical testing of products or processes, the
establishment of the necessary facilities and the obtaining of intellectual property rights for the results;

(b) _contract processes_ means processes arising out of the research and
development;

(c) _contract products_ means products or services arising out of the
research and development or manufactured or provided applying the
contract processes;

(d) _exploitation of the results_ means the manufacture of the contract
products or the application of the contract processes or the assignment or licensing of intellectual property rights or the communication of know-how required for such manufacture or application;

(e) _technical knowledge_ means technical knowledge which is either
protected by an intellectual property right or is secret (know-how).

3. Research and development of the exploitation of the results are
carried out _jointly_ where:

(a) the work involved is:

— carried out by a joint team, organization or undertaking,

— jointly entrusted to a third party, or

— allocated between the parties by way of specialization in
research, development or production;

(b) the parties collaborate in any way in the assignment or the licensing
of intellectual property rights or the communication of know-how,
within the meaning of paragraph 2 (d), to third parties.

_Article 2_

The exemption provided for in Article 1 shall apply on condition that:

(a) the joint research and development work is carried out within the
framework of a programme defining the objectives of the work and
the field in which it is to be carried out;

(b) all the parties have access to the results of the work;

(c) where the agreement provides only for joint research and development, each party is free to exploit the results of the joint research
and development and any pre-existing technical knowledge necessary therefore independently;

(d) the joint exploitation relates only to results which are protected by
intellectual property rights or constitute know-how which substantially contributes to technical or economic progress and that the
results are decisive for the manufacture of the contract products or
the application of the contract processes;

**▼M1**

**▼B**

1985R0418 — EN — 01.12.1997 — 002.001 — 6

(f) undertakings charged with manufacture by way of specialization in
production are required to fulfil orders for supplies from all the
parties.

_Article 3_

1. Where the parties are not competing manufacturers of products
capable of being improved or replaced by the contract products, the
exemption provided for in Article 1 shall apply for the duration of the
research and development programme and, where the results are jointly
exploited, for five years from the time the contract products are first put
on the market within the common market.

2. Where two or more of the parties are competing manufacturers
within the meaning of paragraph 1, the exemption provided for in
Article 1 shall apply for the period specified in paragraph 1 only if, at
the time the agreement is entered into, the parties’ combined production
of the products capable of being improved or replaced by the contract
products does not exceed 20 % of the market for such products in the
common market or a substantial part thereof.

3. After the end of the period referred to in paragraph 1, the exemption provided for in Article 1 shall continue to apply as long as the
production of the contract products together with the parties’ combined
production of other products which are considered by users to be
equivalent in view of their characteristics, price and intended use does
not exceed 20 % of the total market for such products in the common
market or a substantial part thereof. Where contract products are
components used by the parties of the manufacture of other products,
reference shall be made to the markets for such of those latter products
for which the components represent a significant part.

**▼M1**
3a. Where one of the parties, a joint undertaking, a third undertaking
or more than one joint undertaking or third undertaking are entrusted
with the distribution of the products which are the subject of the
agreement under Article 4 (1) (fa), (fb) or (fc), the exemption provided
for in Article 1 shall apply only if the parties production of the products
referred to in paragraphs 2 and 3 does not exceed 10 % of the market
for all such products in the common market or a substantial part thereof.

4. The exemption provided for in Article 1 shall continue to apply
where the market shares referred to in paragraphs 3 and 4 are exceeded
during any period of two consecutive financial years by not more than
one-tenth.

5. Where the limits laid down in paragraph 5 are also exceeded, the
exemption provided for in Article 1 shall continue to apply for a period
of six months following the end of the financial year during which they
were exceeded.

**▼B**

_Article 4_

1. The exemption provided for in Article 1 shall also apply to the
following restrictions of competition imposed on the parties:

(a) an obligation not to carry out independently research and development in the field to which the programme relates or in a closely
connected field during the execution of the programme;

(b) an obligation not to enter into agreements with third parties on
research and development in the field to which the programme
relates or in a closely connected field during the execution of the

programme;

1985R0418 — EN — 01.12.1997 — 002.001 — 7

**▼B**
(c) an obligation to procure the contract products exclusively from
parties, joint organizations or undertakings or third parties, jointly
charged with their manufacture;

(d) an obligation not to manufacture the contract products or apply the
contract processes in territories reserved for other parties;

(e) an obligation to restrict the manufacture of the contract products or
application of the contract processes to one or more technical fields
of application, except where two or more of the parties are competitors within the meaning of Article 3 at the time the agreement is
entered into;

(f) an obligation not to pursue, for a period of five years from the time
the contract products are first put on the market within the
common market, an active policy of putting the products on the
market in territories reserved for other parties, and in particular not
to engage in advertising specifically aimed at such territories or to
establish any branch or maintain any distribution depot there for
the distribution of the products, provided that users and intermediaries can obtain the contract products from other suppliers and the
parties do not render it difficult for intermediaries and users to thus
obtain the products;

**▼M1**

(fa) an obligation to grant one of the parties the exclusive right to
distribute the contract products, provided that that party does not
distribute products manufactured by a third producer which
compete with the contract products;

(fb) an obligation to grant the exclusive right to distribute the contract
products to a joint undertaking or a third undertaking, provided that
the joint undertaking or third undertaking does not manufacture or
distribute products which compete with the contract products;

(fc) an obligation to grant the exclusive right to distribute the contract
products in the whole or a defined area of the common market to
joint undertakings or third undertakings which do not manufacture
or distribute products which compete with the contract products,
provided that users and intermediaries are also able to obtain the
contract products from other suppliers and neither the parties nor
the joint undertakings or third undertakings entrusted with the
exclusive distribution of the contract products render it difficult for
users and intermediaries to thus obtain the contract products;

**▼B**

(g) an obligation on the parties to communicate to each other any
experience they may gain in exploiting the results and to grant
each other non-exclusive licences for inventions relating to
improvements or new applications.

2. The exemption provided for in Article 1 shall also apply where in
a particular agreement the parties undertake obligations of the types
referred to in paragraph 1 but with a more limited scope than is
permitted by that paragraph.

_Article 5_

1. Article 1 shall apply notwithstanding that any of the following
obligations, in particular, are imposed on the parties during the currency
of the agreement:

(a) an obligation to communicate patented or non-patented technical
knowledge necessary for the carrying out of the research and development programme for the exploitation of its results;

(b) an obligation not to use any know-how received from another party
for purposes other than carrying out the research and development
programme and the exploitation of its results;

(c) an obligation to obtain and maintain in force intellectual property
rights for the contract products or processes;

(d) an obligation to preserve the confidentiality of any know-how
received or jointly developed under the research and development

1985R0418 — EN — 01.12.1997 — 002.001 — 8

**▼B**
programme; this obligation may be imposed even after the expiry of
the agreement;

(e) an obligation:

(i) to inform other parties of infringements of their intellectual
property rights,
(ii) to take legal action against infringers, and
(iii) to assist in any such legal action or share with the other parties
in the cost thereof;

(f) an obligation to pay royalties or render services to other parties to
compensate for unequal contributions to the joint research and
development or unequal exploitation of its results;

(g) an obligation to share royalties received from third parties with
other parties;

(h) an obligation to supply other parties with minimum quantities of
contract products and to observe minimum standards of quality.

2. In the event that, because of particular circumstances, the obligations referred to in paragraph 1 fall within the scope of Article 85 (1),
they also shall be covered by the exemption. The exemption provided
for in this paragraph shall also apply where in a particular agreement
the parties undertake obligations of the types referred to in paragraph 1
but with a more limited scope than is permitted by that paragraph.

_Article 6_

The exemption provided for in Article 1 shall not apply where the
parties, by agreement, decision or concerted practice:

(a) are restricted in their freedom to carry out research and development independently or in cooperation with third parties in a field
unconnected with that to which the programme relates or, after its
completion, in the field to which the programme relates or in a
connected field;

(b) are prohibited after completion of the research and development
programme from challenging the validity of intellectual property
rights which the parties hold in the common market and which are
relevant to the programme or, after the expiry of the agreement,
from challenging the validity of intellectual property rights which
the parties hold in the common market and which protect the results
of the research and development;

(c) are restricted as to the quantity of the contract products they may
manufacture or sell or as to the number of operations employing the
contract process they may carry out;

(d) are restricted in their determination of prices, components of prices
or discounts when selling the contract products to third parties;

(e) are restricted as to the customers they may serve, without prejudice
to Article 4 (1) (e);

(f) are prohibited from putting the contract products on the market or
pursuing an active sales policy for them in territories within the
common market that are reserved for other parties after the end of
the period referred to in Article 4 (1) (f);

**▼M1**

(g) are required not to grant licences to third parties to manufacture the
contract products or to apply the contract processes even though the
exploitation by the parties themselves of the results of the joint
research and development is not provided for or does not take
place;

**▼B**

(h) are required:

— to refuse without any objectively justified reason to meet
demand from users or dealers established in their respective
territories who would market the contract products in other
territories within the common market, or

**▼B**

1985R0418 — EN — 01.12.1997 — 002.001 — 9

— to make it difficult for users or dealers to obtain the contract
products from other dealers within the common market, and in
particular to exercise intellectual property rights or take measures so as to prevent users or dealers from obtaining, or from
putting on the market within the common market, products
which have been lawfully put on the market within the common
market by another party or with its consent.

_Article 7_

1. The exemption provided for in this Regulation shall also apply to
agreements of the kinds described in Article 1 which fulfil the conditions laid down in Articles 2 and 3 and which contain obligations
restrictive of competition which are not covered by Articles 4 and 5 and
do not fall within the scope of Article 6, on condition that the agreements in question are notified to the Commission in accordance with the
provisions of Commission Regulation No 27 ( [1] ), and that the Commission does not oppose such exemption within a period of six months.

2. The period of six months shall run from the date on which the
notification is received by the Commission. Where, however, the notification is made by registered post, the period shall run from the date
shown on the postmark of the place of posting.

3. Paragraph 1 shall apply only if:

(a) express reference is made to this Article in the notification or in a
communication accompanying it, and

(b) the information furnished with the notification is complete and in
accordance with the facts.

4. The benefit of paragraph 1 may be claimed for agreements notified before the entry into force of this Regulation by submitting a
communication to the Commission referring expressly to this Article
and to the notification. Paragraphs 2 and 3 (b) shall apply _mutatis_
_mutandis_ .

5. The Commission may oppose the exemption. It shall oppose
exemption if it receives a request to do so from a Member State within
three months of the forwarding to the Member State of the notification
referred to in paragraph 1 or of the communication referred to in
paragraph 4. This request must be justified on the basis of considerations relating to the competition rules of the Treaty.

6. The Commission may withdraw the opposition to the exemption at
any time. However, where the opposition was raised at the request of a
Member State and this request is maintained, it may be withdrawn only
after consultation of the Advisory Committee on Restrictive Practices
and Dominant Positions.

7. If the opposition is withdrawn because the undertakings concerned
have shown that the conditions of Article 85 (3) are fulfilled, the
exemption shall apply from the date of notification.

8. If the opposition is withdrawn because the undertakings concerned
have amended the agreement so that the conditions of Article 85 (3) are
fulfilled, the exemption shall apply from the date on which the amendments take effect.

9. If the Commission opposes exemption and the opposition is not
withdrawn, the effects of the notification shall be governed by the
provisions of Regulation No 17.

_Article 8_

1. Information acquired pursuant to Article 7 shall be used only for
the purposes of this Regulation.

( [1] ) OJ No 35, 10. 5. 1962, p. 1118/62.

1985R0418 — EN — 01.12.1997 — 002.001 — 10

**▼B**
2. The Commission and the authorities of the Member States, their
officials and other servants shall not disclose information acquired by
them pursuant to this Regulation of a kind that is covered by the
obligation of professional secrecy.

3. Paragraphs 1 and 2 shall not prevent publication of general information or surveys which do not contain information relating to particular undertakings or associations of undertakings.

_Article 9_

1. The provisions of this Regulation shall also apply to rights and
obligations which the parties create for undertakings connected with
them. The market shares held and the actions and measures taken by
connected undertakings shall be treated as those of the parties themselves.

2. Connected undertakings for the purposes of this Regulation are:

(a) undertakings in which a party to the agreement, directly or indirectly:

— owns more than half the capital or business assets,
— has the power to exercise more than half the voting rights,
— has the power to appoint more than half the members of the
supervisory board, board of directors or bodies legally representing the undertakings, or
— has the right to manage the affairs;

(b) undertakings which directly have in or over a party to the agreement the rights or powers listed in (a);

(c) undertakings in or over which an undertaking referred to in (b)
directly or indirectly has the rights or powers listed in (a).

3. Undertakings in which the parties to the agreement or undertakings connected with them jointly have, directly or indirectly, the rights
or powers set out in paragraph 2 (a) shall be considered to be connected
with each of the parties to the agreement.

_Article 10_

The Commission may withdraw the benefit of this Regulation, pursuant
to Article 7 of Regulation (EEC) No 2821/71, where it finds in a
particular case that an agreement exempted by this Regulation nevertheless has certain effects which are incompatible with the conditions laid
down in Article 85 (3) of the Treaty, and in particular where:

(a) the existence of the agreement substantially restricts the scope for
third parties to carry out research and development in the relevant
field because of the limited research capacity available elsewhere;

(b) because of the particular structure of supply, the existence of the
agreement substantially restricts the access of third parties to the
market for the contract products;

(c) without any objectively valid reason, the parties do not exploit the
results of the joint research and development;

(d) the contract products are not subject in the whole or a substantial
part of the common market to effective competition from identical
products or products considered by users as equivalent in view of
their characteristics, price and intended use.

_Article 11_

1. In the case of agreements notified to the Commission before 1
March 1985, the exemption provided for in Article 1 shall have retroactive effect from the time at which the conditions for application of this
Regulation were fulfilled or, where the agreement does not fall within
Article 4 (2) (3) (b) of Regulation No 17, not earlier than the date of
notification.

2. In the case of agreements existing on 13 March 1962 and notified
to the Commission before 1 February 1963, the exemption shall have

1985R0418 — EN — 01.12.1997 — 002.001 — 11

**▼B**
retroactive effect from the time at which the conditions for application
of this Regulation were fulfilled.

3. Where agreements which were in existence on 13 March 1962 and
which were notified to the Commission before 1 February 1963, or
which are covered by Article 4 (2) (3) (b) of Regulation No 17 and
were notified to the Commission before 1 January 1967, are amended
before 1 September 1985 so as to fulfil the conditions for application of
this Regulation, such amendment being communicated to the Commission before 1 October 1985, the prohibition laid down in Article 85 (1)
of the Treaty shall not apply in respect of the period prior to the
amendment. The communication of amendments shall take effect from
the date of their receipt by the Commission. Where the communication
is sent by registered post, it shall take effect from the date shown on the
postmark of the place of posting.

4. In the case of agreements to which Article 85 of the Treaty applies
as a result of the accession of the United Kingdom, Ireland and
Denmark, paragraphs 1 to 3 shall apply except that the relevant dates
shall be 1 January 1973 instead of 13 March 1962 and 1 July 1973
instead of 1 February 1963 and 1 January 1967.

5. In the case of agreements to which Article 85 of the Treaty applies
as a result of the accession of Greece, paragraphs 1 to 3 shall apply
except that the relevant dates shall be 1 January 1981 instead of 13
March 1962 and 1 July 1981 instead of 1 February 1963 and 1 January
1967.

**▼A1**
6. As regards agreements to which Article 83 of the Treaty applies as
a result of the accession of the Kingdom of Spain and of the Portuguese
Republic, paragraphs 1 to 3 shall apply except that the relevant dates
should be 1 January 1986 instead of 13 March 1962 and 1 July 1986
instead of 1 February 1963, 1 January 1967, 1 March 1985 and 1
Sebtember 1985. The amendment made to the agreements in accordance
with the provisions of paragraph 3 need not be notified to the Commission.

**▼A2**
7. As regards agreements to which Article 85 of the Treaty applies as
a result of the accession of Austria, Finland and Sweden, paragraphs 1
to 3 shall apply _mutadis mutandis_ on the understanding that the relevant
dates shall be the date of accession instead of 13 March 1962 and six
months after the date of accession instead of 1 February 1963, 1 January
1967, 1 March 1985 and 1 September 1985. The amendment made to
these agreements in accordance with the provisions of paragraph 3 need
not be notified to the Commission. However, this paragraph shall not
apply to agreements which at the date of accession already fall under
Article 53 (1) of the EEA Agreement.

**▼B**

_Article 12_

This Regulation shall apply _mutatis mutandis_ to decisions of associations of undertakings.

_Article 13_

This Regulation shall enter into force on 1 March 1985.

It shall apply until **►M2** 31 December 2000 **◄** .

This Regulation shall be binding in its entirety and directly applicable in
all Member States.