Regulation 19 Exemptions under Article 85(3)
Where —
the report of the MMC on a reference under regulation 4 includes the conclusions specified in regulation 10(3); and
it appears to the Secretary of State that the United Kingdom is under a duty under Article 88 to rule on the question whether or not the agreement concerned is prohibited by Article 85;
the Secretary of State may, if it appears to him that the conditions for application of Article 85(3) are met in respect of the agreement, declare the provisions of Article 85(1) inapplicable to the agreement.
Before deciding whether to make such a declaration the Secretary of State shall have regard to the recommendations of the MMC and to their opinion as to whether the conditions for application of Article 85(3) are met.
The Secretary of State shall publish any declaration under paragraph (1) in such manner as appears to him to be appropriate.