11957E102

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ARTICLE 102

1 . WHERE THERE IS REASON TO FEAR THAT THE ADOPTION OR AMENDMENT OF A PROVISION LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION MAY CAUSE DISTORTION WITHIN THE MEANING OF ARTICLE 101 , A MEMBER STATE DESIRING TO PROCEED THEREWITH SHALL CONSULT THE COMMISSION . AFTER CONSULTING THE MEMBER STATES , THE COMMISSION SHALL RECOMMEND TO THE STATES CONCERNED SUCH MEASURES AS MAY BE APPROPRIATE TO AVOID THE DISTORTION IN QUESTION .

2 . IF A STATE DESIRING TO INTRODUCE OR AMEND ITS OWN PROVISIONS DOES NOT COMPLY WITH THE RECOMMENDATION ADDRESSED TO IT BY THE COMMISSION , OTHER MEMBER STATES SHALL NOT BE REQUIRED , IN PURSUANCE OF ARTICLE 101 , TO AMEND THEIR OWN PROVISIONS IN ORDER TO ELIMINATE SUCH DISTORTION . IF THE MEMBER STATE WHICH HAS IGNORED THE RECOMMENDATION OF THE COMMISSION CAUSES DISTORTION DETRIMENTAL ONLY TO ITSELF , THE PROVISIONS OF ARTICLE 101 SHALL NOT APPLY .