Official Journal of the European Communities . .35 6.3.65 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 533/65 REGULATION No 19/65/EEC OF THE COUNCIL of 2 March 1965 on application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices : THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY, " Having regard to the Treaty establishing the Euro- pean Economic Community, and in particular Article 87 thereof; Having regard to the proposal from the Commission; Having regard to the Opinion of the European Par- liament?; Having regard to the Opinion of the Economic and Social Committee?; Whereas Article 85 (1) of the Treaty may in accord- ance with Article 85 (3) be declared inapplicable to certain categories of agreements, decisions and con- certed practices which fulfil the conditions contained in Article 85 (3); Whereas the provisions for implementation of Article 85 (3) must be adopted by way of regulation pur- suant to Article 87; Whereas in view of the large number of notifications submitted in pursuance of Regulation No 173 it is desirable that in order to facilitate the task of the Commission it should be enabled to declare by way of regulation that the provisions of Article 85 (1) do not apply to certain categories of agreements and concerted practices; Whereas it should be laid down under what con- ditions the Commission, in close and constant liaison 1 0J No 81, 27.5.1964, p. 1275/64. 2 O] No 197, 30.11.1964, p. 3320/64. 3 O] No 13, 21.2.1962, p. 204/62 (Regulation No 17 as amended by Regulation No 59 — O] No 58, 10.7.1962, p. 1655/62 — and Regulation No 118/63/EEC — O] No 162, 7.11.1963, p. 2696/63. with the competent authorities of the Member States, may exercise such powers after sufficient experience has been gained in the light of individual decisions and it becomes possible to define categories of agree- ments and concerted practices in respect of which the conditions of Article 85 (3) may be considered as being fulfilled; Whereas the Commission has indicated by the action it has taken, in particular by Regulation No 153, that there can be no easing of the procedures pre- scribed by Regulation No 17 'in respect of certain types of agreements and concerted practices that are particularly liable to distort competition in the com- mon market; Whereas under Article 6 of Regulation No 17 the Commission may provide that a decision taken pur- suant to Article 85 (3) of the Treaty shall apply with retroactive effect; whereas it is gesirable that the Commission be also empowered to adopt, by regu- lation, provisions to the like effect; Whereas under Article 7 of Regulation No 17 agree- ments, decisions and concerted practices may, by de- cision of the Commission, be exempted from prohib- ition in particular if they are modified in such manner that they statisfy the requirements of Article 85 (3); whereas it is desirable that the Commission be en- abled to grant like exemption by regulation to such agreements and concerted practices if they are modi- fied in such manner as to fall within a category de- fined in an exempting regulation; Whereas, since there can be no exemption if the con- ditions set out in Article 85 (3) are not satisfied, the Commission must have power to lay down by de- cision the conditions that must be satisfied by an agreement or concerted practice which owing to special circumstances has certain effects incompatible with Article 85 (3); 4 O] No 139, 24.12.1962, p. 2918/62.