31972R2591

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( 1 ) OJ N 13 , 21 . 2 . 1962 , P . 204/62 .

( 2 ) OJ N 36 , 6 . 3 . 1965 , P . 533/65 .

( 3 ) OJ N 57 , 25 . 3 . 1967 , P . 849/67 .

REGULATION ( EEC ) N 2591/72 OF THE COMMISSION

OF 8 DECEMBER 1972

AMENDING REGULATION N 67/67/EEC OF 22 MARCH 1967 CONCERNING APPLICATION OF ARTICLE 85 ( 3 ) OF THE TREATY TO CERTAIN CATEGORIES OF CONCERTED PRACTICES

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 87 AND 155 THEREOF ;

HAVING REGARD TO ARTICLE 24 OF REGULATION N 17 ( 1 ) OF 6 FEBRUARY 1962 ;

HAVING REGARD TO REGULATION N 19/65/EEC ( 2 ) OF 2 MARCH 1965 ON THE APPLICATION OF ARTICLE 85 ( 3 ) OF THE TREATY TO CERTAIN CATEGORIES OF AGREEMENTS AND CONCERTED PRACTICES ;

HAVING REGARD TO THE OPINIONS DELIVERED BY THE ADVISORY COMMITTEE ON RESTRICTIVE PRACTICES AND MONOPOLIES IN ACCORDANCE WITH ARTICLE 6 OF REGULATION N 19/65/EEC ;

WHEREAS UNDER REGULATION N 19/65/EEC THE COMMISSION HAS POWER TO APPLY ARTICLE 85 ( 3 ) OF THE TREATY BY REGULATION TO CERTAIN CATEGORIES OF BILATERAL EXCLUSIVE DEALING AGREEMENTS AND CONCERTED PRACTICES COMING WITHIN ARTICLES 85 ( 1 ) ;

WHEREAS COMMISSION REGULATION N 67/67/EEC ( 3 ) ON THE APPLICATION OF ARTICLE 85 ( 3 ) OF THE TREATY TO CERTAIN CATEGORIES OF EXCLUSIVE DEALING AGREEMENTS IS VALID ONLY UNTIL 31 DECEMBER 1972 ;

WHEREAS THE EXPERIENCE GAINED IN CONNECTION WITH REGULATION N 67/67/EEC SHOWS THAT THE RULE UNDER THIS REGULATION WHEREBY ARTICLE 85 ( 1 ) OF THE TREATY IS DECLARED INAPPLICABLE TO CERTAIN CATEGORIES OF EXCLUSIVE DEALING AGREEMENTS , SUBJECTS TO THE PROVISIONS OF THAT REGULATION , HAS PROVED ITS VALUE .

WHEREAS IT IS THEREFORE EXPEDIENT TO EXTEND THE VALIDITY OF REGULATION N 67/67/EEC ; WHEREAS IT APPEARS DESIRABLE , FOR THE SAKE OF CERTAINTY IN THE LAW , TO EXTEND THE PERIOD OF VALIDITY OF THE REGULATION FOR TEN YEARS AND SO ENABLE UNDERTAKINGS TO PLAN FOR A LONG PERIOD AHEAD ;

WHEREAS SUCH EXTENSION ALSO APPEARS UNOBJECTIONABLE SINCE UNDER ARTICLE 7 OF REGULATION N 19/65/EEC IN CONJUNCTION WITH ARTICLE 6 OF REGULATION N 67/67/EEC THE COMMISSION MAY AT ANY TIME INTERVENE IF IT FINDS THAT THE AGREEMENTS FALLING WITHIN THE REGULATION HAVE EFFECTS THAT ARE INCOMPATIBLE WITH THE CONDITIONS CONTAINED IN ARTICLE 85 ( 3 ) OF THE TREATY ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

IN ARTICLE 1 ( 1 ) OF REGULATION N 67/67/EEC THE DATE " 31 DECEMBER 1982 " SHALL BE SUBSTITUTED FOR THE DATE " 31 DECEMBER 1972 " .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 8 DECEMBER 1972 .

FOR THE COMMISSION

THE PRESIDENT

S . L . MANSHOLT