30.6.83 Official Journal of the European Communities No L 173/1 I (Acts whose publication is obligatory) COMMISSION REGULATION (EEC) No 1983/83 of 22 June 1983 on the application of Article 85 (3) of the Treaty to categories of exclusive distribution agreements THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 87 thereof, 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 Regﬁlation @), 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 distribution agreements and analogous concerted practices falling within Article 85 (1); (2) Whereas experience to date makes it possible to define a category of agreements and concerted practices which can be regarded as normally satisfying the conditions laid down in Article 85 (3); (3) Whereas exclusive distribution agreements of the category defined in Article 1 of this Regulation may fall within the prohibition . contained in Article 85 (1) of the Treaty; whereas this will apply only in exceptional cases to exclusive agreements of this kind to which only under- takings from one Member State are party and which concern the resale of goods within that (*) OJ No 36, 6. 3. 1965, p. 533/65. (*) OJ No C 172, 10. 7. 1982, p. 3. Member State; whereas, however, to the extent that such agreements may affect trade between Member States and also satisfy all the requirements set out in this Regulation there is no reason to withhold from them the benefit of the exemption by category; | (4) Whereas it is not necessary expressly to exclude from the defined category those agreements which do not fulfil the conditions of Article 85 (1) of the Treaty; - (5) Whereas exclusive distribution agreements lead in general to an improvement in distribution because the undertaking is able to concentrate its sales activities, does not need to maintain numerous business relations with a larger number of dealers and is able, by dealing with only one dealer, to overcome more easily distri- bution difficulties in international trade resulting from linguistic, legal and other differences; (6) Whereas exclusive distribution agreements faci- litate the promotion of sales of a product and lead to intensive marketing and to continuity of supplies while at the same time rationalizing distribution; whereas they stimulate competition between the products of different manufac- turers; whereas the appointment of an exclusive distributor who will take over sales promotion, customer services and carrying of stocks is often the most effective way, and sometimes indeed the only way, for the manufacturer to enter a market and compete with other manufacturers already present; whereas this is particularly so in the case of small and medium-sized under- takings; whereas it must be left to the contracting parties to decide whether and to what extent they consider it desirable to - incorporate in the agreements terms providing for the promotion of sales; (7) Whereas, as a rule, such exclusive distribution agreements also allow consumers a fair share of