ANNEXSupplementary provisions
Undertaking 1. In respect of bleached sulphate wood pulp transactions the subject of the proceedings the firms listed in Annex A undertake in good faith: (a) that they will quote, sell and invoice at least 50 % of the total volume of the bleached sulphate wood pulp which they produce and sell to customers located in the European Economic Community in the currency of the buyer, such sales to be effected throughout the year and in at least half of the Member States or in at least two-thirds of the Member States in which they sell such pulp, whichever is less; (b) - for the Swedish enterprises, that they will quote, sell and invoice the remaining volume of the bleached sulphate wood pulp which they produce and sell to customers located in the EEC either in Swedish kronor or in any EEC currency, - for the Finnish enterprises, that they will quote, sell and invoice the remaining volume of the bleached sulphate wood pulp which they produce and sell to customers located in the EEC in any currency other than US dollars or Swedish kronor, - for the US enterprises, that they will quote, sell and invoice the remaining volume of the bleached sulphate wood pulp which they produce and sell to customers located in the EEC either in US dollars or in the currency of the buyer, - for the Canadian enterprises, that they will quote, sell and invoice the remaining volume of the bleached sulphate wood pulp which they produce and sell to customers located in the EEC either in US dollars, in Canadian dollars or in the currency of the buyer; (c) that they will not generally quote prices to the public or to customers on a quarterly or other regular predetermined basis but that they will otherwise quote prices which are to remain effective until further notice; (d) that they will not impose export or resale bans on buyers of bleached sulphate wood pulp in contravention of Article 85 (1) of the EEC Treaty; (e) that the Swedish and the Finnish enterprises will not exchange information on prices or other confidential information related to the sales of bleached sulphate wood pulp and will not concert on these prices within the framework of Fides in contravention of Article 85 (1) of the EEC Treaty and that they will endeavour to ensure that provisions to similar effect will be incorporated in the rules of Fides; (f) that those enterprises which are members of KEA will give and comply with the undertaking set forth in the letter sent on their behalf to the Commission on 20 July 1984; (g) that they will not disclose information as to bleached sulphate wood pulp prices in contravention of the provisions of the supplementary undertaking attached hereto; (h) that they will keep all documents referring to the sale of bleached sulphate wood pulp produced by them to customers located in the EEC during the minimum period of validity of the undertaking specified in paragraph 2 for a period of not less than two complete calendar years and will make such documents available to the Commission to enable it to supervise the observance of the terms of this undertaking. 2. This undertaking will come into force for all sales and price announcements made after 31 March 1985. In relation to currencies it will remain in force with respect to each of the firms listed in Annex A until one year after notice by any such firm to the Commission of such firm's intent not to comply any longer with the terms of this undertaking, such notice not to be given before 1 April 1989. 3. In relation to currencies any firm will be entitled to suspend the undertaking (without thereby withdrawing from the undertaking) to the extent that and for so long as the observance of the undertaking would place such firm at a competitive disadvantage and such firm would, during such suspension, be entitled to quote, sell and invoice in currencies not permitted by the settlement. Any such suspension shall become effective upon the Commission's agreeing thereto or three months after written notice thereof shall have been given to the Commission unless the Commission notifies the firm concerned within such period that it does not accept that the competitive disadvantage exists. Any such suspension shall be for a period of three months (or such shorter period as the Commission may stipulate) unless the Commission shall agree to an extension or renewal thereof. Undertaking for eschewing publicity for pulp prices An undertaking shall not disclose its present or proposed EEC pulp prices to, or discuss them with, any person or entity who is not: (a) an agent or other person or entity within the undertaking's sales and distribution system; (b) an actual or potential customer; (c) a final institution with a legitimate interest in the undertaking's prices; (d) an entity which supplies materials to the undertaking under an arrangement which requires the entity to obtain information as to the undertaking's pulp prices; (e) an accountant or other consultant who performs services for the undertaking and has a legitimate interest in the undertaking's prices ; or (f) another person or entity which has a legitimate interest in the undertaking's prices and as to which such a disclosure or discussion does not have anti-competitive effects within the EEC. The foregoing is without prejudice: 1. to an undertaking's right to answer inquiries from the press or financial or securities analysts about economic conditions and general price levels in the pulp and paper industries (without disclosing the prices charged to named EEC customers); 2. to such an undertaking's right to conduct discussions of pricing or market conditions either internally or with an affiliated entity in which it holds on ownership interest of 50 % or more, or which is owned 50 % or more by a common parent; 3. to such an undertaking's compliance with applicable laws and regulations and generally accepted accounting principles. ANNEX A The following addressees of the Decision have given the undertaking: - British Columbia Forest Products Ltd, - Canfor Corporation, - MacMillan Bloedel Ltd, - Weldwood of Canada Ltd, - Westar Timber Ltd, - Chesapeake Corporation, - Crown Zellerbach Corporation, - Federal Paper Board Company Incorporated, - Georgia-Pacific Corporation, - ITT Rayonier Incorporated, - The Mead Corporation, - Scott Paper Company, - Weyerhaeuser Company, - Pulp, Paper and Paperboard Export Association of the United States (KEA), - A. Ahlström Oy, - Enso-Gutzeit Oy, - Joutseno-Pulp Oy, - Kaukas AB Oy, - Kemi Oy, - Metsä-Botnia AB Oy, - Metsaliiton Teollisuus Oy, - Oulu Oy, - Wilh. Schauman AB Oy, - Sunila Oy, - Veitsiluoto Oy, - Finncell, - Billerud AB, - Iggesunds Bruk AB, - Kopparfors AB, - Korsnäs-Marma AB, - MoDoCell AB, - Norrlands Skogsägares Cellulosa AB, - Stora Kopparbergs Bergslags AB, - Svenska Cellulosa AB (SCA), - Södra Skogsägarna AB, - Uddeholms AB, - Svenska Cellulosa - Och Papperbruks Föreningen.