Article 38 Amendment of Regulation (EEC) No 4056/86
Regulation (EEC) No 4056/86 is amended as follows:
1. Article 7 is amended as follows:
(a) Paragraph 1 is replaced by the following:
'1. Breach of an obligation
Where the persons concerned are in breach of an obligation which, pursuant to Article 5, attaches to the exemption provided for in Article 3, the Commission may, in order to put an end to such breach and under the conditions laid down in Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty [OJ L 1, 4.1.2003, p. 1.] adopt a decision that either prohibits themfromcarrying out or requires themto performcertain specific acts, or withdraws the benefit of the block exemption which they enjoyed.'
(b) Paragraph 2 is amended as follows:
(i) In point (a), the words 'under the conditions laid down in Section II' are replaced by the words 'under the conditions laid down in Regulation (EC) No 1/2003';
(ii) The second sentence of the second subparagraph of point (c)(i) is replaced by the following:
'At the same time it shall decide, in accordance with Article 9 of Regulation (EC) No 1/2003, whether to accept commitments offered by the undertakings concerned with a view, inter alia, to obtaining access to the market for non-conference lines.'
2. Article 8 is amended as follows:
(a) Paragraph 1 is deleted.