No L 190/22 Official Journal of ‘the European Communities 5.7.89 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 9 June 1989 relating to a proceeding under Article 85 of the EEC. Treaty (IV/27.958 — National Sulphuric Acid Association) (Only the English text is authentic) (89/408/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 Articles 6 and 8 thereof, Having " regard to the application submitted by the National Sulphuric Acid Association Ltd to the_ Commission pursuant to Article 8 (2) of Regulation No 17 requesting renewal of Commission Decision 80/917/EEC () for a period of 10 years, Having regard to the publication (}) pursuant-to-Article 19 (3) of Regulation No 17 of a summary of the rules of the joint buying Pool and relevant changes-which have - occurred since Decision 80/917/EEC, in which the Commission granted an exemption pursuant to Article 85 (3) to the rules of the joint buying Pool of the National Sulphuric Acid Association Ltd, London, for a period ending on 31 December 1988, was adopted, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions -pursuant to Article 10 (3) of Regulation No 17, () OJ No 13, 21. 2. 1962, p. 204/62. () OF No L 260, 3. 10. 1980, p. 24. () OF No C 164, 23. 6. 1988, p. 3. Whereas: I. THE FACTS (1) - The joint buying Pool (the Pool) of the National Sulphuric Acid Association Ltd, (the Association), is operated by a Management Committee which negotiates for and purchases  the quantities of imported sulphur requirements of the members-of the Association. Each member has to purchase from the pool at least 25 % of the total imported sulphur acquired by him in any calendar year; for.the remaining 75 % he is free to purchase from sources other than the Pool. There is no restriction at all on members to purchase sulphur from indigenous sources of supply. Should any member purchase less than 25 % of his annual requirements from the Pool, he shall be deemed to have withdrawn from the Pool from the end of that year. However, he may apply to rejoin the Pool commencing 1 July or 1 January on giving 12 months notice of his intention to do so. The imported sulphur (approximately 86 % in liquid form and 14 % in solid form) is resold by the Pool to the members.on a. no-profit no-loss basis. (2)  Since Decision 80/917/EEC (the Decision) the following changes have occurred: . (a) At present 12 companies .(compared to 19 in 1980) are- members of the Pool, representing together the total production of sulphuric acid in the United Kingdom, whereas in 1980 one