[F1Subject to the provisions of this Regulation, the following activities of a consortium are exempt from the Chapter 1 prohibition:]
the joint operation of liner shipping services including any of the following activities:
the coordination and/or joint fixing of sailing timetables and the determination of ports of call;
the exchange, sale or cross-chartering of space or slots on vessels;
the pooling of vessels and/or port installations;
the use of one or more joint operations offices;
the provision of containers, chassis and other equipment and/or the rental, leasing or purchase contracts for such equipment;
capacity adjustments in response to fluctuations in supply and demand;
the joint operation or use of port terminals and related services (such as lighterage or stevedoring services);
any other activity ancillary to those referred to in points 1, 2 and 3 which is necessary for their implementation, such as:
the use of a computerised data exchange system;
an obligation on members of a consortium to use in the relevant market or markets vessels allocated to the consortium and to refrain from chartering space on vessels belonging to third parties;
an obligation on members of a consortium not to assign or charter space to other vessel-operating carriers in the relevant market or markets except with the prior consent of the other members of the consortium.
Textual Amendments
F1Words in Art. 3 substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 3 para. 4(4); 2020 c. 1, Sch. 5 para. 1(1)
The exemption provided for in Article 3 shall not apply to a consortium which, directly or indirectly, in isolation or in combination with other factors under the control of the parties, has as its object:
the fixing of prices when selling liner shipping services to third parties;
the limitation of capacity or sales except for the capacity adjustments referred to in Article 3(2);
the allocation of markets or customers.