The EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996

General provisions about exemptions

20.—(1) This regulation applies to any declaration made by the Secretary of State —

(a) under regulation 4(3);

(b) under regulation 14(2);

(c) under regulation 19(1);

and to any renewal of such a declaration under paragraph (3) below.

(2) A declaration to which this regulation applies —

(a) shall have effect from such date as may be stated in the declaration being a date not earlier than the date on which the agreement or these Regulations came into force whichever is the later, and

(b) shall have effect for the period stipulated in the declaration.

(3) The Secretary of State may renew a declaration to which this regulation applies for a further period if it appears to him that the conditions for application of Article 85(3) continue to be met in respect of the agreement at the expiry of the original declaration.

(4) A declaration to which this regulation applies may be made unconditionally or subject to such conditions as the Secretary of State thinks fit.

(5) It shall be the duty of the Director to keep under review the operation of any agreement in respect of which the Secretary of State has made a declaration to which this regulation applies and to advise the Secretary of State if at any time, he considers that the conditions for the application of Article 85(3) cease to be satisfied in respect of the agreement.

(6) If it appears to the Secretary of State in respect of a declaration to which this regulation applies: —

(a) that there has been a material change of circumstances since the declaration was made; or

(b) that any information given in respect of the agreement concerned to the Director, to the MMC or to the Secretary of State is or was in any material respect false or misleading; or

(c) that any person who gave an undertaking under regulation 14 or 22 to the Secretary of State as a result of which the Secretary of State was able to make the declaration has not complied with it;

the Secretary of State may revoke or vary the declaration as he thinks fit.

(7) Before deciding whether to renew, revoke or vary a declaration to which this regulation applies, the Secretary of State may refer the matter to the MMC for investigation and report.

(8) On a reference under paragraph (7) above, the MMC shall investigate and report on the question whether in their opinion the conditions for application of Article 85(3) are met in respect of the agreement which is the subject of the reference.

(9) The MMC shall, as part of their investigations on a reference under paragraph (7) above, consider what action (if any) should be taken in respect of their conclusions by the Secretary of State or any Minister or public authority and may, if they think fit, include in their report recommendations as to such action.