Article 12 Transitional provision

(1)

An agreement which—

(a)

immediately before 1st June 2023, was exempt from the Chapter 1 prohibition by virtue of the retained MVBER, and

(b)

on 1st June 2023, would not otherwise be an agreement to which the block exemption applies,

is to be treated as an MVA agreement which satisfies the conditions referred to in article 4(1)(a) and (b) (block exemption subject to conditions and obligation) until the end of 31st May 2024.

(2)

Such an agreement is to be known as a “pre-existing MVA agreement”.

(3)

Notwithstanding paragraph (1), the block exemption does not apply in respect of any obligation in a pre-existing MVA agreement which was an excluded restriction within the meaning of article 10(2) of the VABEO immediately before 1st June 2023.

(4)

Articles 9 to 11 apply to a pre-existing MVA agreement as they apply to an MVA agreement.

(5)

In this article, “the retained MVBER” means Commission Regulation (EU) No 461/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices in the motor vehicle sector^f1.

Annotations

Footnotes

f1: EUR 2010/461, as amended by S.I. 2019/93 and 2022/1271.