OpenLegislation

Article 3 Exempted agreements

United Kingdom

Original text. Later amendments are not shown.

1.

Pursuant to Article 81(3) of the Treaty and subject to the conditions and obligations laid down in this Regulation, it is hereby declared that Article 81(1) of the Treaty shall not apply to the activities listed in paragraph 2 of this Article when contained in consortium agreements as defined in Articles 1 and 2 of this Regulation.

2.

The declaration of non-applicability shall apply only to the following activities:

(a)

the joint operation of liner shipping transport services which comprise solely the following activities:

  1. (i)

    the coordination and/or joint fixing of sailing timetables and the determination of ports of call;

  2. (ii)

    the exchange, sale or cross-chartering of space or slots on vessels;

  3. (iii)

    the pooling of vessels and/or port installations;

  4. (iv)

    the use of one or more joint operations offices;

  5. (v)

    the provision of containers, chassis and other equipment and/or the rental, leasing or purchase contracts for such equipment;

  6. (vi)

    the use of a computerised data exchange system and/or joint documentation system;

(b)

temporary capacity adjustments;

(c)

the joint operation or use of port terminals and related services (such as lighterage or stevedoring serrices);

(d)

the participation in one or more of the following pools: cargo, revenue or net revenue;

(e)

the joint exercise of voting rights held by the consortium in the conference within which its members operate, in so far as the vote being jointly exercised concerns the consortium's activities as such;

(f)

a joint marketing structure and/or the issue of a joint bill of lading;

(g)

any other activity ancillary to those referred to above in points (a) to (f) which is necessary for their implementation.

3.

The following clauses shall in particular be considered ancillary activities within the meaning of paragraph 2(g):

(a)

an obligation on members of the consortium to use on the trade or trades in question vessels allocated to the consortium and to refrain from chartering space on vessels belonging to third parties;

(b)

an obligation on members of the consortium not to assign or charter space to other vessel-operating carriers on the trade or trades in question except with the prior consent of the other members of the consortium.