PART 2U.K.Amendment of retained EU Regulations
Council Regulation (EC) 169/2009U.K.
3.—(1) Council Regulation (EC) No 169/2009 applying rules of competition to transport by rail, road and inland waterway is amended as follows.
(2) In Article 2—
(a)in paragraph 1, for “in Article 81(1) of the Treaty” substitute “ imposed by section 2(1) of the Competition Act 1998 ”;
(b)omit paragraph 2.
(3) In Article 3—
(a)in paragraph 1, for the words from “Article 81(1)” to “that Article” substitute “ section 2(1) of the Competition Act 1998 are exempt from the prohibition imposed by that provision ”;
(b)omit paragraph 2.
(4) Omit Article 5(2).
(5) In the words after Article 5, omit the words from “This Regulation shall be binding” to “Member States.”.
Commencement Information
I1Sch. 3 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Commission Regulation (EC) 906/2009U.K.
4.—(1) Commission Regulation (EC) 906/2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia) is amended as follows.
(2) In Article 1, for “Community ports” substitute “ ports in the United Kingdom ”.
(3) In Article 2, after paragraph 3 insert—
“3A. “the Chapter 1 prohibition” means the prohibition imposed by section 2(1) of the Competition Act 1998;”.
(4) In Article 3, for the words before paragraph 1 substitute—
“Subject to the provisions of this Regulation, the following activities of a consortium are exempt from the Chapter 1 prohibition:”.
(5) In the words after Article 7, omit the words from “This Regulation shall be binding” to “Member States.”.
Commencement Information
I2Sch. 3 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Commission Regulation (EU) 330/2010U.K.
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commission Regulation (EU) 461/2010U.K.
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commission Regulation (EU) 1217/2010U.K.
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commission Regulation (EU) 1218/2010U.K.
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commission Regulation (EU) 316/2014U.K.
9.—(1) Commission Regulation (EU) 316/2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements is amended as follows.
(2) In Article 1(1), after point (c), insert—
“(ca)“the Chapter 1 prohibition” means the prohibition imposed by section 2(1) of the Competition Act 1998;”.
(3) In Article 2—
(a)for paragraph 1 substitute—
“Subject to the provisions of this Regulation, technology transfer agreements are exempt from the Chapter 1 prohibition.”;
(b)in paragraph 2, for “Article 101(1) of the Treaty” substitute “ the Chapter 1 prohibition ”.
(4) In Article 5(1), in point (b), for “which the other party holds in the Union” substitute “ held by the other party which have effect in the United Kingdom ”.
(5) Omit Articles 6, 7 and 10.
(6) In the words after Article 11, omit the words from “This Regulation shall be binding” to “Member States.”.
Commencement Information
I3Sch. 3 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Effect of certain revocationsU.K.
10.—(1) The revocation of the provisions of Commission Regulations listed in sub-paragraph (2) is not to be read as—
(a)preventing the Secretary of State from exercising the power under section 10A(1) of the Competition Act 1998 M1 to disapply those Regulations as described in those provisions, or
(b)limiting that power in any other way.
(2) Those provisions are—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)Article 7 of Commission Regulation (EU) 316/2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements.
(3) The revocation of Article 6 of Commission Regulation (EU) 316/2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements is not to be read as—
(a)preventing the Competition and Markets Authority from exercising its power under section 10(5) of the Competition Act 1998 to impose conditions or obligations subject to which an exemption is to have effect or to cancel the exemption for an agreement in the circumstances described in that Article, or
(b)limiting that power in any other way.
Textual Amendments
F2Sch. 3 para. 10(2)(a)(b) revoked (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Revocation and Sunset Disapplication) Regulations 2023 (S.I. 2023/1143), reg. 2(3), Sch. 2 Pt. 1
Commencement Information
I4Sch. 3 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Marginal Citations
M11998 c. 41; section 10A is inserted into the Competition Act 1998 by regulation 4 of these Regulations.