Date: 2023-04-17Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Regulation (EU) 2023/822 of 17 April 2023 on amending Regulation (EU) No 461/2010 as regards its period of application (Text with EEA relevance)
Executive Summary:
Commission Regulation (EU) 2023/822 amends Regulation (EU) No 461/2010, which grants a block exemption to certain vertical agreements and concerted practices in the motor vehicle sector under Article 101(1) of the Treaty. The amendment extends the period of application of Regulation (EU) No 461/2010 to 31 May 2028. The Commission will evaluate the regulation's operation before 31 May 2028.
Key Points / Main Content:
Extension of Block Exemption:
* Regulation (EU) No 461/2010, providing a block exemption for vertical agreements and concerted practices in the motor vehicle sector, is extended.
Amendment to Regulation (EU) No 461/2010:
* Article 7 is replaced, requiring the Commission to monitor and evaluate the Regulation before 31 May 2028.
* Article 8 is amended to extend the expiration date of the Regulation to 31 May 2028.
Entry into Force:
* This Regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union.
Impact Analysis:
Motor Vehicle Sector Businesses:
Impact: Continued block exemption from Article 101(1) of the Treaty for certain vertical agreements and concerted practices, subject to conditions.
Action Required: Ensure continued compliance with the conditions of Regulation (EU) No 461/2010 to benefit from the block exemption until 31 May 2028.
European Commission:
Impact: Responsibility for monitoring and evaluating the operation of Regulation (EU) No 461/2010.
Action Required: Monitor the regulation's operation and conduct an evaluation before 31 May 2028.
EU Member States:
Impact: Direct applicability of the Regulation.
Action Required: No specific action is required; the regulation is binding in its entirety and directly applicable.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Commission Regulation (EU) 2023/822: A regulation of the European Commission amending Regulation (EU) No 461/2010 regarding its period of application.
Regulation (EU) No 461/2010: A Commission Regulation granting a block exemption from the prohibition contained in Article 101(1) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices in the motor vehicle sector.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, which defines the scope of the EU's powers.
Regulation No 19/65/EEC: Council Regulation on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices.
Article 101(1) of the Treaty: Article within the Treaty on the Functioning of the European Union that addresses agreements and concerted practices that may restrict competition.
Article 101(3) of the Treaty: Article within the Treaty on the Functioning of the European Union that provides exceptions to the prohibitions in Article 101(1) if certain conditions are met.
Brussels: The de facto capital city of the European Union, located in Belgium. It is the location where the regulation was adopted.
17.4.2023 EN Official Journal of the European Union L 102 I/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION REGULATION (EU) 2023/822
of 17 April 2023
on amending Regulation (EU) No 461/2010 as regards its period of application
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation No 19/65/EEC of the Council of 2 March 1965 on the application of Article 85(3) of the
Treaty to certain categories of agreements and concerted practices(1), and in particular Article 1 thereof,
After consulting the Advisory Committee on Restrictive Practices and Dominant Positions,
Whereas:
(1) Until 31 May 2023, Commission Regulation (EU) No 461/2010(2)grants, to categories of vertical agreements and
concerted practices in the motor vehicle sector, a block exemption from the prohibition contained in Article 101(1)
of the Treaty, subject to certain conditions.
(2) The operation of Regulation (EU) No 461/2010 was monitored and evaluated pursuant to Article 7 thereof. That
evaluation revealed that the application of Regulation (EU) No 461/2010 has, overall, been positively perceived.
(3) The benefit of the block exemption established by Regulation (EU) No 461/2010 is limited to vertical agreements
and concerted practices in the motor vehicle sector in respect of which conformity with the conditions set out in
Article 101(3) of the Treaty can be assumed with sufficient certainty. In that respect, there has been no significant
change in the market conditions underpinning Regulation (EU) No 461/2010, therefore it can still be assumed with
sufficient certainty that the vertical agreements and concerted practices in the motor vehicle sector to which that
Regulation applies continue to satisfy the conditions set out in Article 101(3) of the Treaty. The application of
Regulation (EU) No 461/2010 should therefore be extended.
(4) In order to allow the Commission to take into account possible changes in market conditions, the period of
application of Regulation (EU) No 461/2010 should be extended by five years.
(5) Regulation (EU) No 461/2010 should therefore be amended accordingly,
(1) OJ 36, 6.3.1965, p. 533/65.
(2) Commission Regulation (EU) No 461/2010 of 27 May 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 (OJ L 129, 28.5.2010,
p. 52).L 102 I/2 EN Official Journal of the European Union 17.4.2023
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 461/2010 is amended as follows:
(1) Article 7 is replaced by the following:
‘Article 7
The Commission shall monitor the operation of this Regulation and carry out an evaluation thereof before 31 May
2028.’;
(2) in Article 8, the second paragraph is replaced by the following:
‘It shall expire on 31 May 2028.’.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 April 2023.
For the Commission
The President
Ursula VON DER LEYEN