2. If a State desiring to introduce or amend its own provisions does not comply with  the recommendation addressed to it by the Commission, other Member States shall  not be required, in pursuance of Article 101, to amend their own provisions in order  to eliminate such distortion. If the Member State which has ignored the  recommendation of the Commission causes distortion detrimental only to itself, the  provisions of Article 101 shall not apply.

<49>