30. 6. 83 Official Journal of the European Communities No L 173/5 4 COMMISSION REGULATION (EEC) No 1984/83 of 22 June 1983 ‘ on the application of Article 85 (3) of the Treaty to categories of exclusive purchasing agreements | THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having - regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 19/65/EEC of 2 March 1965 on the application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices (*), as last amended by the Act of - Accession of Greece, and in particular Article 1 thereof, Having published a draft of this Regulation (%), ‘Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, (1) Whereas Regulation No 19/65/EEC empowers the Commission to apply Article 85 (3) of the Treaty by regulation to certain categories of bilateral  exclusive purchasing agreements entered into for the purpose of the resale of goods and corresponding concerted practices falling within Article 85 (*); (2) Whereas experience to date makes it possible to define three categories of agreements and concerted practices which can be regarded as normally satisfying the conditions laid down in Article 85 (3); whereas the first category comprises exclusive purchasing agreements of * short and medium duration in all sectors of the economy; whereas the other two categories comprise  long-term  exclusive purchasing agreements entered into for the resale of beer in premises used for the sale and consumption (beer supply agreements) and of petroleum products in filling stations (service-station agreements); (3) Whereas exclusive purchasing agreements of the categories defined in this Regulation may fall within the prohibition contained in Article 85 (1) of the Treaty; whereas this will often be the case (*) OJ No 36, 6. 3. 1965, p. 533/65. () O] No C 172, 10.7. 1982, p. 7 (4) (3) (6) ~ incorporate  In i ) with agreements concluded between under- takings from different Member States; whereas an exclusive purchasing agreement to which undertakings from only one Member State are party and which concerns the resale of goods within that Member State may also be caught by the prohibition; whereas this is in particular the case where it is one of a number of similar agreements which together may affect trade between Member States; Whereas it is not necessary expressly to exclude from the defined categories those agreements which do not fulfil the conditions of Article 85 (1) of the Treaty; Whereas the exclusive purchasing agreements defined in this Regulation lead in general to an improvement in distribution; whereas they enable the supplier to plan the sales of his goods with greater precision and for a longer period and ensure that the reseller’s requirements will be met on a regular basis for the duration of the agreement; whereas this allows the parties to limit the risk to them of variations in market conditions and to lower distribution costs; Whereas such agreements also facilitate the promotion of the sales of a product and lead to intensive marketing because the supplier, in consideration for the exclusive purchasing obligation, is as a rule under an obligation to contribute to the improvement of the structure of the distribution network, the quality of the promotional effort or the sales success; whereas, at the same time, they stimulate competition between the products of different manufac- turers; whereas the appointment of several resellers, who are bound to purchase exclusively from the manufacturer and who take over sales promotion, customer services and carrying of stock, is often the most effective way, and sometimes the only way, for the manufacturer to penetrate a market and compete with other manufacturers already present; whereas this is particularly so in the case of small and medium- sized undertakmgs, whereas it must be left to the contracting parties to decide whether and to what extent they consider it desirable to their  agreements terms concerning the promotion of sales;