EUR-Charts

The text in the box entitled “Block exemption regulations (BERs)” must read:

Block exemption regulations (BERs)

• Vertical restraints: Regulation 330/2010/EU, with Commission Guidelines on Vertical Restraints (2010); see Chart C18;

• Specialisation agreements: Regulation 1218/2010/EU, with Commission Guidelines on horizontal co-operation agreements (2011); see Chart C19;

• Research and development: Regulation 1217/2010/EU, with Commission Guidelines on horizontal co-operation agreements (2011); see Chart C20;

• Technology transfer: Regulation 316/2014/EU, with Commission Guidelines on technology transfer agreements (2014); see Chart C21;

• Motor vehicle distribution: Regulation 461/2010/EU, with Commission Guidelines on Vertical Restraints (2010) and Supplementary Guidelines on motor vehicles (2010);

• Insurance: Regulation 267/2010/EU, with a Commission Communication on the insurance sector (2010);

• Liner shipping: Regulation 906/2009/EC.

 

Note:
The exemptions for consultations on air passenger tariffs and slot allocation were phased out by Regulation 1459/2006.

The very last box (at the bottom) must read:

Notes:
• There is also a block exemption in the field of state aid; see Chart C52.
• Undertakings with a special position under national law may be able to rely on Art. 106(2) TFEU; see Chart C45.

The box in the 3rd row, entitled “Terms of the Regulation, Arts. 2-8” must read:

Terms of the Regulation, Arts. 2-8

In principle, all arrangements that do not constitute hardcore restrictions or excluded restrictions are allowed, if the _ market shares of both the supplier and _ the buyer in their respective relevant markets are ≤30% (in the case of a subsequent rise, the exemption continues to apply for a limited period of time).

To the following types of agreements further conditions apply, Art. 2(2)-(4):
• Agreements between an association and its members, or an association and its suppliers;
• Non-reciprocal agreements between competing undertakings;
• Agreements relating to the assignment to, or the use by, the buyer of intellectual property rights provided that those provisions do not constitute the primary object of such agreements and are directly related to the use, sale or resale of the contract goods or services (primary object: see Chart C21).

The box in the 1st row must read:

Block exemption: categories of technology transfer agreements, Regulation 316/2014/EU

The box in the 2nd row, entitled “Technology transfer agreement”, Art. 1(1)(b)”, must read:

“Technology transfer agreement”, Art. 1(1)(c)

• A technology rights licensing agreement entered into between two undertakings;
• An assignment of technology rights between two undertakings;
as further defined in Art. 1(1)(c).

 

The box in the 3rd row, entitled “Terms of the Regulation, Arts. 3-5 and 8” must read:

Terms of the Regulation, Arts. 3-5 and 8

In principle, all arrangements that do not contain hardcore restrictions or excluded restrictions are allowed, if:
• Where the parties are (potential) competitors, the combined market share of the parties is ≤20% on the relevant technology and product market;
• Where the parties are not competitors, the individual market share of each of the parties is ≤30% on the relevant technology and product markets.
In the case of a subsequent rise, the exemption continues to apply for a limited period of time.

For the definition of the technology market, see the Commission Guidelines on technology transfer agreements (2014).

The box in the 4th row, on the left hand side, entitled “Allowed restrictions” must read:

Allowed restrictions

E.g.:
•   Where the parties are competing undertakings:

–  Obligation on the licensor and/or the licensee not to produce with the licensed technology rights within the exclusive territory and/or not to sell actively and/or passively into the exclusive territory or to the exclusive customer group reserved for the other party, Art. 4(1)(c)(i);
–  Obligation on the licensor to produce the contract products only for its own use provided that the licensee is not restricted in selling the contract products actively and passively as spare parts for its own products, Art. 4(1)(c)(iii);
_

•   Where the parties are not competing undertakings: obligation not to passively sell the products into an exclusive territory or to a customer group reserved for the other party or to the exclusive customer group reserved for the licensee, Art. 4(2)(b)(i).