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)
Commission Regulation (EU) 2023/822of 17 April 2023on 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 practicesOJ 36, 6.3.1965, p. 533/65., 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 461/2010Commission 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). 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,HAS ADOPTED THIS REGULATION: