No L 15/16 Official Journal of the European Communities 18. 1. 85 COMMISSION REGULATION (EEC) No 123/85 of 12 December 1984 on the application of Article 85 (3) of the Treaty to certain categories of motor vehicle distribution and servicing 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, Having published a draft of this Regulation (?), Having consulted the Advisory Committee on Restric- tive Practices and Dominant Positions, Whereas : (1) Under Article 1 (1) (a) of Regulation No 19/65/EEC the Commission is empowered to declare by means of a Regulation that Article 85 (3) of the Treaty applies to certain categories of agreements falling within Article 85 (1) to which only two undertakings are party and by which one party agrees with the other to supply only to that undertaking other certain goods for resale within a defined territory of the common market. In the light of experience since Commission Decision 75/73/EEC (%) and of the many motor vehicle distribution and servicing agreements which have been notified to the Commission pursuant to Articles 4 and § of Council Regulation No 17 (¥, as last amended by Regulation (EEC) No 2821/71 (%), a category of agreements can be defined as satisfying the conditions laid down in Regulation No 19/65/EEC. They are agreements, for a definite or an indefinite period, by which the supplying party entrusts to the reselling party the task of promoting the distribution and servicing of certain products of the motor vehicle industry in a defined area and by which the supplier () OJ No 36, 6. 3. 1965, p. 533/65. () OJ No C 165, 24. 6. 1983, p. 2. () OJ No L 29, 3. 2. 1975, p. 1. () OJ No 13, 21. 2. 1962, p. 204/62. () OJ L 285, 29. 12. 1971, p. 49. (2) ) undertakes to supply contract goods for resale only to the dealer, or only to a limited number of undertakings within the distribution network besides the dealer, within the contract territory. A list of definitions for the purpose of this Regulation is set out in Article 13. Notwithstanding that the obligations imposed by distribution and servicing agreements which are listed in Articles 1, 2 and 3 of this Regula- tion normally have as their object or effect the prevention, restriction or distortion of competi- tion within the common market and are normally apt to affect trade between Member States, the prohibition in Article 85 (1) of the Treaty may nevertheless be declared inapplic- able to these agreements by virtue of Article 85 (3), albeit only under certain restrictive condi- tions. The applicability of Article 85 (1) of the Treaty to distribution and servicing agreements in the motor vehicle industry stems in particular from the fact that restrictions on competition and the obligations connected with the distribution system listed in Articles 1 to 4 of this Regula- tion are regularly imposed in the same or similar form throughout the common market for the products supplied within the distribution system of a particular manufacturer. The motor vehicle manufacturers cover the whole common market or substantial parts of it by means of a cluster of agreements involving similar restric- tions on competition and affect in this way not only distribution and servicing within Member States but also trade between them. The exclusive and selective distribution clauses can be regarded as indispensable measures of rationalization in the motor vehicle industry because motor vehicles are consumer durables which at both regular and irregular intervals require expert maintenance and repair, not always in the same place. Motor vehicle manu- facturers cooperate with the selected dealers and repairers in order to provide specialized servicing for the product. On grounds of capacity and efficiency alone, such a form of