EUR-Lex - 31967R0067 - EN

ARTICLE 1

1 . PURSUANT TO ARTICLE 85 ( 3 ) OF THE TREATY AND SUBJECT TO THE PROVISIONS OF THIS REGULATION IT IS HEREBY DECLARED THAT UNTIL 31 DECEMBER 1972 ARTICLE 85 ( 1 ) OF THE TREATY SHALL NOT APPLY TO AGREEMENTS TO WHICH ONLY TWO UNDERTAKINGS ARE PARTY AND WHEREBY :

( A ) ONE PARTY AGREES WITH THE OTHER TO SUPPLY ONLY TO THAT OTHER CERTAIN GOODS FOR RESALE WITHIN A DEFINED AREA OF THE COMMON MARKET ; OR

( B ) ONE PARTY AGREES WITH THE OTHER TO PURCHASE ONLY FROM THAT OTHER CERTAIN GOODS FOR RESALE ; OR

( C ) THE TWO UNDERTAKINGS HAVE ENTERED INTO OBLIGATIONS , AS IN ( A ) AND ( B ) ABOVE , WITH EACH OTHER IN RESPECT OF EXCLUSIVE SUPPLY AND PURCHASE FOR RESALE .

2 . PARAGRAPH 1 SHALL NOT APPLY TO AGREEMENTS TO WHICH UNDERTAKINGS FROM ONE MEMBER STATE ONLY ARE PARTY AND WHICH CONCERN THE RESALE OF GOODS WITHIN THAT MEMBER STATE .

ARTICLE 2

1 . APART FROM AN OBLIGATION FALLING WITHIN ARTICLE 1 , NO RESTRICTION ON COMPETITION SHALL BE IMPOSED ON THE EXCLUSIVE DEALER OTHER THAN :

( A ) THE OBLIGATION NOT TO MANUFACTURE OR DISTRIBUTE , DURING THE DURATION OF THE CONTRACT OR UNTIL ONE YEAR AFTER ITS EXPIRATION , GOODS WHICH COMPETE WITH THE GOODS TO WHICH THE CONTRACT RELATES ;

( B ) THE OBLIGATION TO REFRAIN , OUTSIDE THE TERRITORY COVERED BY THE CONTRACT , FROM SEEKING CUSTOMERS FOR THE GOODS TO WHICH THE CONTRACT RELATES , FROM ESTABLISHING ANY BRANCH , OR FROM MAINTAINING ANY DISTRIBUTION DEPOT .

2 . ARTICLE 1 ( 1 ) SHALL APPLY NOTWITHSTANDING THAT THE EXCLUSIVE DEALER UNDERTAKES ALL OR ANY OF THE FOLLOWING OBLIGATIONS :

( A ) TO PURCHASE COMPLETE RANGES OF GOODS OR MINIMUM QUANTITIES ;

( B ) TO SELL THE GOODS TO WHICH THE CONTRACT RELATES UNDER TRADE MARKS OR PACKED AND PRESENTED AS SPECIFIED BY THE MANUFACTURER ;

( C ) TO TAKE MEASURES FOR PROMOTION OF SALES , IN PARTICULAR :

• TO ADVERTISE ;

• TO MAINTAIN A SALES NETWORK OR STOCK OF GOODS ;

• TO PROVIDE AFTER-SALE AND GUARANTEE SERVICES ;

• TO EMPLOY STAFF HAVING SPECIALISED OR TECHNICAL TRAINING .

ARTICLE 3

ARTICLE 1 ( 1 ) OF THIS REGULATION SHALL NOT APPLY WHERE :

( A ) MANUFACTURERS OF COMPETING GOODS ENTRUST EACH OTHER WITH EXCLUSIVE DEALING IN THOSE GOODS ;

( 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 ) EXERCISE INDUSTRIAL PROPERTY RIGHTS TO PREVENT DEALERS OR CONSUMERS FROM OBTAINING FROM OTHER PARTS OF THE COMMON MARKET OR FROM SELLING IN THE TERRITORY COVERED BY THE CONTRACT GOODS TO WHICH THE CONTRACT RELATES WHICH ARE PROPERLY MARKED OR OTHERWISE PROPERLY PLACED ON THE MARKET ;

( 2 ) EXERCISE OTHER RIGHTS OR 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 .

ARTICLE 4

1 . AS REGARD AGREEMENTS WHICH WERE IN EXISTENCE ON 13 MARCH 1962 AND WERE NOTIFIED BEFORE 1 FEBRUARY 1963 , THE DECLARATION CONTAINED IN ARTICLE 1 ( 1 ) OF INAPPLICABILITY OF ARTICLE 85 ( 1 ) OF THE TREATY SHALL HAVE RETROACTIVE EFFECT FROM THE TIME WHEN THE CONDITIONS OF APPLICATION OF THIS REGULATION WERE FULFILLED .

2 . AS REGARDS ALL OTHER AGREEMENTS NOTIFIED BEFORE THE ENTRY INTO FORCE OF THIS REGULATION , THE DECLARATION CONTAINED IN ARTICLE 1 ( 1 ) OF INAPPLICABILITY OF ARTICLE 85 ( 1 ) OF THE TREATY SHALL HAVE RETROACTIVE EFFECT FROM THE TIME WHEN THE CONDITIONS OF APPLICATION OF THIS REGULATION WERE FULFILLED , BUT NOT EARLIER THAN THE DAY OF NOTIFICATION .

ARTICLE 5

AS REGARDS AGREEMENTS WHICH WERE IN EXISTENCE ON 13 MARCH 1962 , NOTIFIED BEFORE 1 FEBRUARY 1963 AND AMENDED BEFORE 2 AUGUST 1967 SO AS TO FULFIL THE CONDITIONS OF APPLICATION OF THIS REGULATION , THE PROHIBITION IN ARTICLE 85 ( 1 ) OF THE TREATY SHALL NOT APPLY IN RESPECT OF THE PERIOD PRIOR TO THE AMENDMENT , WHERE SUCH AMENDMENT IS NOTIFIED TO THE COMMISSION BEFORE 3 OCTOBER 1967 . THE NOTIFICATION SHALL TAKE EFFECT FROM THE TIME OF RECEIPT THEREOF BY THE COMMISSION . WHERE THE NOTIFICATION IS SENT BY REGISTERED POST , IT SHALL TAKE EFFECT FROM THE DATE ON THE POSTMARK OF THE PLACE OF DISPATCH .

ARTICLE 6

THE COMMISSION SHALL EXAMINE WHETHER ARTICLE 7 OF REGULATION NO 19/65/EEC APPLIES IN INDIVIDUAL CASES , IN PARTICULAR WHEN THERE ARE GROUNDS FOR BELIEVING THAT :

( A ) THE GOODS TO WHICH THE CONTRACT RELATES ARE NOT SUBJECT , IN THE TERRITORY COVERED BY THE CONTRACT , TO COMPETITION FROM GOODS CONSIDERED BY THE CONSUMER AS SIMILAR GOODS IN VIEW OF THEIR PROPERTIES , PRICE AND INTENDED USE ;

( B ) IT IS NOT POSSIBLE FOR OTHER MANUFACTURERS TO SELL , IN THE TERRITORY COVERED BY THE CONTRACT , SIMILAR GOODS AT THE SAME STAGE OF DISTRIBUTION AS THAT OF THE EXCLUSIVE DEALER ;

( C ) THE EXCLUSIVE DEALER HAS ABUSED THE EXEMPTION :

( 1 ) BY REFUSING , WITHOUT OBJECTIVELY VALID REASONS , TO SUPPLY IN THE TERRITORY COVERED BY THE CONTRACT CATEGORIES OF PURCHASERS WHO CANNOT OBTAIN SUPPLIES ELSEWHERE , ON SUITABLE TERMS , OF THE GOODS TO WHICH THE CONTRACT RELATES ;

( 2 ) BY SELLING THE GOODS TO WHICH THE CONTRACT RELATES AT EXCESSIVE PRICES .

ARTICLE 7

1 . ARTICLE 4 ( 2 ) ( A ) OF REGULATION NO 27 OF 3 MAY 1962 , AS AMENDED BY REGULATION NO 153 , IS HEREBY REPEALED .

2 . NOTIFICATION , ON FORM B 1 , ON AN EXCLUSIVE DEALING AGREEMENT WHICH DOES NOT FULFIL THE CONDITIONS CONTAINED IN ARTICLES 1 TO 3 OF THIS REGULATION SHALL , IF SUCH AGREEMENT IS NOT AMENDED SO AS TO SATISFY THOSE CONDITIONS , BE EFFECTED BEFORE 3 OCTOBER 1967 , BY SUBMISSION OF FORM B , WITH ANNEXES , IN ACCORDANCE WITH THE PROVISIONS OF REGULATION NO 27 .

ARTICLE 8

ARTICLES 1 TO 7 OF THIS REGULATION SHALL APPLY BY ANALOGY TO THE CATEGORY OF CONCERTED PRACTICES DEFINED IN ARTICLE 1 ( 1 ) .

ARTICLE 9

THIS REGULATION SHALL ENTER INTO FORCE ON 1 MAY 1967 .

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

DONE AT BRUSSELS , 16 JUNE 1967 .

FOR THE COMMISSION

THE PRESIDENT

WALTER HALLSTEIN