SCHEDULE 4Saving and transitional provision
PART 2Exemptions from the Chapter 1 prohibition
Pre-existing research and development agreements
3.
(1)
Sub-paragraph (2) applies if—
(a)
a research and development agreement is entered into before exit day, and
(b)
in relation to the agreement, the 7 year period specified in Article 4(1) of the EU R&D block exemption regulation begins before exit day.
(2)
On and after exit day, Article 4(1) of the retained R&D block exemption regulation has effect in relation to the agreement without the modification made by paragraph 7(4) of Schedule 3 to these Regulations.
(3)
Sub-paragraph (4) applies if—
(a)
a research and development agreement is entered into before exit day, and
(b)
immediately before exit day, the agreement contains an obligation described in Article 6(b) of the EU R&D block exemption regulation.
(4)
On and after exit day, Article 6(b) of the retained R&D block exemption regulation has effect in relation to the agreement without the modification made by paragraph 7(6)(b) of Schedule 3 to these Regulations.
(5)
In this paragraph—
“research and development agreement” has the same meaning as in the EU R&D block exemption regulation;
“the R&D block exemption regulation” means Commission Regulation (EU) 1217/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements;
“the EU R&D block exemption regulation” means the R&D block exemption regulation as it has effect as part of EU law immediately before exit day;
“the retained R&D block exemption regulation” means the R&D block exemption regulation as it has effect as part of domestic law on and after exit day.