Pre-existing research and development agreements
3.—(1) Sub-paragraph (2) applies if—
(a)a research and development agreement is entered into before exit day, and
(b)in relation to the agreement, the 7 year period specified in Article 4(1) of the EU R&D block exemption regulation begins before exit day.
(2) On and after exit day, Article 4(1) of the retained R&D block exemption regulation has effect in relation to the agreement without the modification made by paragraph 7(4) of Schedule 3 to these Regulations.
(3) Sub-paragraph (4) applies if—
(a)a research and development agreement is entered into before exit day, and
(b)immediately before exit day, the agreement contains an obligation described in Article 6(b) of the EU R&D block exemption regulation.
(4) On and after exit day, Article 6(b) of the retained R&D block exemption regulation has effect in relation to the agreement without the modification made by paragraph 7(6)(b) of Schedule 3 to these Regulations.
(5) In this paragraph—
“research and development agreement” has the same meaning as in the EU R&D block exemption regulation;
“the R&D block exemption regulation” means Commission Regulation (EU) 1217/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements;
“the EU R&D block exemption regulation” means the R&D block exemption regulation as it has effect as part of EU law immediately before exit day;
“the retained R&D block exemption regulation” means the R&D block exemption regulation as it has effect as part of domestic law on and after exit day.