Commission Regulation (EC) No 906/2009Show full title

CHAPTER II U.K. EXEMPTIONS

Article 3 U.K. Exempted agreements

[F1 Subject to the provisions of this Regulation, the following activities of a consortium are exempt from the Chapter 1 prohibition:]

1.

the joint operation of liner shipping services including any of the following activities:

(a)

the coordination and/or joint fixing of sailing timetables and the determination of ports of call;

(b)

the exchange, sale or cross-chartering of space or slots on vessels;

(c)

the pooling of vessels and/or port installations;

(d)

the use of one or more joint operations offices;

(e)

the provision of containers, chassis and other equipment and/or the rental, leasing or purchase contracts for such equipment;

2.

capacity adjustments in response to fluctuations in supply and demand;

3.

the joint operation or use of port terminals and related services (such as lighterage or stevedoring services);

4.

any other activity ancillary to those referred to in points 1, 2 and 3 which is necessary for their implementation, such as:

(a)

the use of a computerised data exchange system;

(b)

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;

(c)

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

F1 Words 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)

Article 4 U.K. Hardcore restrictions

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:

1.

the fixing of prices when selling liner shipping services to third parties;

2.

the limitation of capacity or sales except for the capacity adjustments referred to in Article 3(2);

3.

the allocation of markets or customers.