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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EEC) No 2821/71 of the Council of 20 December 1971 on application of Article 85(3) of the Treaty to categories of agreements, decisions and concerted practicesnote,Having published a draft of this Regulationnote,After consulting the Advisory Committee on Restrictive Practices and Monopolies,Whereas:
(1)Regulation (EEC) No 2821/71 empowers the Commission to declare, by regulation and in accordance with Article 101(3) of the Treaty, that Article 101(1) of the Treaty shall not apply to certain categories of specialisation agreements.
(2)Commission Regulation (EU) No 1218/2010note defines categories of specialisation agreements that the Commission regards as normally satisfying the conditions laid down in Article 101(3) of the Treaty. That Regulation expires on 31 December 2022.
(3)On 5 September 2019, the Commission launched an evaluation of Regulation (EU) No 1218/2010. The evidence gathered in the evaluation suggests that Regulation (EU) No 1218/2010 has been a useful instrument and its rules remain relevant for stakeholders. Based on the results of the evaluation, on 7 June 2021 the Commission launched an impact assessment of policy options for the adoption of a new block exemption regulation for specialisation agreements.
(4)To allow the Commission adequate time to complete the process for the adoption of a new block exemption regulation for specialisation agreements and pursuant to the Commission’s power under Article 2(1) of Regulation (EEC) No 2821/71, the period of application of Regulation (EU) No 1218/2010 should be extended by six months.
(5)Regulation (EU) No 1218/2010 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1#
In Article 7 of Regulation (EU) No 1218/2010, the second paragraph is replaced by the following:‘It shall expire on 30 June 2023.’
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