The Gazette 1989

SEPTEMBER

1989

GAZETTE

block exemption to certain categories of specialisation agreement between a defined class of undertaking which provide reciprocal obligations either not to manufacture certain products or to manufacture certain products. The Regulation took effect on 1st March, 1985 and replaces Regulations 2779 / 72 and 3604 / 82. No restrictions on competition may be included other than an obligation not to conclude specialisation agreements with third parties in respect of similar products, to procure products exclusively from another party or to grant third parties the exclusive right to distribute the products subject to the special- isation agreement. Such agree- ments may impose an obligation to supply third parties with pro- ducts, maintain minimum stocks and provide customer and guarantee services. The parties must observe defined turnover figures and the products must not account for more than 20% of the market for such products in the Community.

The Regulation expires on 31 December, 1997. 4. Research and Development Agreements Regulation 418/85 applies a block exemption to certain categories of research and development agreements which promote technical and economic progress and increase the availability of technical know- ledge and avoid duplication of research and development work. The work must be carried out within a defined framework and all parties to the agreement must have access to it. Article 3 sets out detailed provisions as to the permitted duration of such agreements and Articles 4 and 5 set out permitted restrictions or competition and other obliga- tions be tween the parties themselves and third parties. The exemption does not apply where the parties are restricted in their freedom to carry out R + D independently or jointly with third parties in relation to unconnected fields of activity, are prohibited from challenging

petroleum-based motor vehicle fuels and other fuels for resale in the servicé station. The follow- ing obligations are permitted to purchase such fuels only from the supplier, not to use lubricants supplied by a third party if the supplier has made available or financed lubrication plant or equipment, to advertise and to permit the supplier to service equipment supplied or financed by it. The exemption is not available where the agree- ment restricts the purchase of items other than fuels or the reseller's freedom to obtain other goods or applies for a period of more than 10 years or the period of occupation where the station is let to the reseller by the supplier: The Commission has the right to withdraw the exemption if an agreement is found to have effects incompatible with Article 85(1) of the Treaty of Rome. The Regulation expires on 31 December 1997. 3. Specialisation Agraemants Regulation 417/85 applies a

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Year 2 — as the Irish Centre for European Law pursues another busy schedule of conferences, meetings and publications with the support of its 475 Corporate, Individual and Associate Members.

Is Your Firm:

• • • • •

ON TOP OF EUROPEAN LAW DEVELOPMENTS?

KEEPING IN TOUCH?

MEANING TOGET AROUND TO IT SOMETIME?

UNAFFECTED BY 1992?

BLISSFULLY UNAWARE? For details of conferences, publications and membership contact: NICHOLAS K. ROBINSON, Solicitor, Administrator, Irish Centre for European Law, Trinity College, Dublin 2. Tel: 772941

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