No L 291/46 Official Journal of the European Communities 15. 10. 86 COMMISSION DECISION . of 30 September 1986 relating to a proceeding under Article 85 of the EEC Treaty (IV/28.959 — VIFKA) (Only the Dutch text is authentic) (86/499/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, - Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (), as last amended by the Act of Accession of Spain and Portugal, and in particular Articles 2, 4, 6 and 8 thereof, Having regard to the application for negative clearance submitted on 30 October 1974 by the Vereniging van importeurs en fabrikanten van kantoormachines (VIFKA — Association of Office Equipment Importers and Manu- facturers), The Hague (The Netherlands), of the Associa- tion’s rules and standard form agreement with non-mem- bers on participation in office equipment exhibitions in the Netherlands, Having regard to the application submitted on 21 February 1978 by the Vereniging van importeurs en fabrikanten van kantoormachines for exemption of its rules and standard form agreement with non-members on participation in office equipment exhibitions - under Article 85 (3) of the EEC Treaty, Having published a summary of the VIFKA rules and agreement (), pursuant to Article 19 (3) of Regulation No 17, : After consultation with the Advisory Committee on Restrictive Practices and Monopolies, Whereas : I. FACTS (1)  The Vereniging van importeurs en fabrikanten van kantoormachines (Association of Office Equip- ment Importers and Manufacturers) — hereinafter referred to as ‘VIFKA’ — is an association under Netherlands law, which was founded in 1950 and has over 200 members. The board of VIFKA can admit as members of the association any person or corporate body that has been carrying on business in the Netherlands for at least two years and that, () OJ No 13, 21. 2. 1962, p. 204/62. () O] No C 146, 13. 6. 1986, p. 9. () during this time, has been exclusively or predomi- nantly : (a) manufacturing office equipment, or (b) importing and/or dealing in, repairing and maintaining office equipment as the exclusive distributor in the Netherlands for one or more domestic or foreign manufacturers. Firms that have not yet been in the trade for two years can be admitted as extraordinary members. About 80 % of VIFKA’s members are importers and about 20 % manufacturers. More than half of all Netherlands importers and manufacturers of office equipment, including some with consid- erable market shares, are members. The articles of associations of VIFKA state that the purpose of the association is to promote the economic and social interests of its members in the broadest sense, as they relate to import of, and dealing in, new office equipment and systems, the repair and maintenance of such equipment, and the supply of spare parts and accessories. The defence of the interests of the members in the broadest sense is also stated to be one of the associ- ation’s objects. Among other activities, VIFKA organizes office equipment exhibitions in the Netherlands, of which the ‘Efficiencybeurs) held every even year in Amsterdam, is the most important. In December 1973, VIFKA adopted two sets of rules, the ‘Exhibi- tion Rules’ and the ‘Disciplinary and Appeal Rules’, governing members’ participation in the ‘Efficien- cybeurs’ as well as a standard agreement with non- members wishing to participate. VIFKA initially applied to the Commission for negative clearance of the rules and agreement. Subsequently it notified the rules and agreement for the purpose of obtaining an exemption under Article 85 (3) of the EEC Treaty. At the Commission’s request, VIFKA amended its exhibition rules, its disciplinary and appeal rules, and its standard form agreement with non-mem- bers to remove as far as possible their most restric- tive elements. The changes were approved by the general meeting and the new text of the exhibition rules was finally adopted by the general meeting on 8 January 1986 and subsequently renotified to the Commission.