Article 13 Transitional provision
An agreement which—
immediately before 1st May 2026, was exempt from the Chapter I prohibition by virtue of the assimilated TTBER, and
on 1st May 2026, would not otherwise be an agreement to which the block exemption applies,
is to be treated as a technology transfer agreement which satisfies the conditions referred to in article 4(a) (block exemption subject to conditions and obligation) until the end of 30th April 2027.
Such an agreement is to be known as a “pre-existing technology transfer agreement”.
Notwithstanding paragraph (1), the block exemption does not apply in respect of any obligation in a pre-existing technology transfer agreement which was an obligation falling within article 5 (excluded restrictions) of the assimilated TTBER immediately before 1st May 2026.
Articles 10 to 12 apply to a pre-existing technology transfer agreement as they apply to a technology transfer agreement.
In this article, the “assimilated TTBER” means Commission Regulation (EU) No 316/2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreementsf1.
Annotations
Footnotes
- f1
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EUR 2014/316, as amended by S.I. 2019/93 and S.I. 2022/1271.