SCHEDULE 3Amendment of retained direct EU legislation

PART 2Amendment of retained EU Regulations

Commission Regulation (EU) 330/2010

5.—(1) Commission Regulation (EU) 330/2010 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 is amended as follows.

(2) In Article 1(1)—

(a)after point (a), insert—

(aa)“the Chapter 1 prohibition” means the prohibition imposed by section 2(1) of the Competition Act 1998;;

(b)in point (b), for “Article 101(1) of the Treaty” substitute “the Chapter 1 prohibition”;

(c)after point (c), insert—

(ca)“retained block exemption regulation” has the meaning given in section 10(10) of the Competition Act 1998;

(cb)“block exemption order” has the meaning given in section 6 of the Competition Act 1998;;

(d)in point (h), for “Article 101(1) of the Treaty” substitute “the Chapter 1 prohibition”.

(3) In Article 2—

(a)in paragraph 1, for the first subparagraph substitute—

Subject to the provisions of this Regulation, vertical agreements are exempt from the Chapter 1 prohibition.;

(b)in paragraph 2—

(i)for “EUR 50 million” substitute “£44 million”;

(ii)for “Article 101 of the Treaty” substitute “the Chapter 1 prohibition”;

(c)in paragraph 5, for the words from “block exemption regulation” to the end substitute “retained block exemption regulation or of any block exemption order, unless otherwise provided for in such a regulation or order”.

(4) Omit Articles 6 and 9.

(5) In the words after Article 10, omit the words from “This Regulation shall be binding” to “Member States.”.