23. 1. 90 Official Journal of the European Communities No 'L 18/35 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 14 December 1989 relating to a-proceeding under Article 85 of the EEC Treaty (IV/32.202-APB) . (Only the French and Dutch texts are authentic) (90/33/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 Article 2 thereof, Having regard to the application for negative clearance submitted on 1 December 1986 by the Association Phar- maceutique Belge, Brussels, concerning a standard agree- ment of indefinite duration for the distribution to phar- macies of certain parapharmaceutical products, Having regard to the summary of the application for negative clearance published pursuant to Article 19 (3) of Regulation No 17 (3, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : I. THE FACTS (1)  The Association Pharmaceutique Belge (APB) noti- fied a standard agreement of indefinite duration on 1 December 1986 which it has concluded or plans to conclude with Belgian or foreign manufacturers - or the general representatives of foreign manufactu- rers in Belgium (hereinafter ‘the manufacturer(s)). () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No C 210, 16. 8. 1989, p. 6. @ (&) The agreement was amended during the procedure. The agreement concerns the distribution to phar- macies of parapharmaceutical products in Belgium. It grants the right to affix a stamp of quality on the packaging of parapharmaceutical products which the APB has tested for conformity. Belgian and foreign manufacturers undertake in exchange to supply stamped. products only to pharmacies in Belgium. A. The parties to the agreement 1. The APB The APB was set up to protect the interests of pharmacists’ trade associations and their members carrying out the activities of pharmacist, and to coordinate their activities. Article 5 (1) of the APB’s articles of association limits membership to such associations. 28 associations are members of -the APB. They represent 4 696 member-pharmacists out of a total of 5173 pharmacies in Belgium. The APB has a science laboratory-and a number of specialized services. Among the latter is the Control of Medicaments Service (Service ~ de Contrdle des Médicaments (SCM)), which is respon- sible for running the laboraty, The laboratory, which is officially recognized, chiefly analyses proprietary medicinal products. The analysis,. carried out on behalf of pharmacists in Belgium, offers a guarantee to the patient that -the product has been checked. This check is in addition to the statutory checks carried out at the manufacturing stage.