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Document 02010R0461-20230507

Consolidated text: Commission 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 (Text with EEA relevance)Text with EEA relevance

ELI: http://data.europa.eu/eli/reg/2010/461/2023-05-07

02010R0461 — EN — 07.05.2023 — 001.001


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COMMISSION 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

(Text with EEA relevance)

(OJ L 129 28.5.2010, p. 52)

Amended by:

 

 

Official Journal

  No

page

date

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COMMISSION REGULATION (EU) 2023/822 of 17 April 2023

  L 102I

1

17.4.2023




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COMMISSION 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

(Text with EEA relevance)



CHAPTER I

COMMON PROVISIONS

Article 1

Definitions

1.  

For the purposes of this Regulation, the following definitions shall apply:

(a) 

‘vertical agreement’ means an agreement or concerted practice entered into between two or more undertakings each of which operates, for the purposes of the agreement or the concerted practice, at a different level of the production or distribution chain, and relating to the conditions under which the parties may purchase, sell or resell certain goods or services;

(b) 

‘vertical restraint’ means a restriction of competition in a vertical agreement falling within the scope of Article 101(1) of the Treaty;

(c) 

‘authorised repairer’ means a provider of repair and maintenance services for motor vehicles operating within the distribution system set up by a supplier of motor vehicles;

(d) 

‘authorised distributor’ means a distributor of spare parts for motor vehicles operating within the distribution system set up by a supplier of motor vehicles;

(e) 

‘independent repairer’ means:

(i) 

a provider of repair and maintenance services for motor vehicles not operating within the distribution system set up by the supplier of the motor vehicles for which it provides repair or maintenance;

(ii) 

an authorised repairer within the distribution system of a given supplier, to the extent that it provides repair or maintenance services for motor vehicles in respect of which it is not a member of the respective supplier’s distribution system;

(f) 

‘independent distributor’ means:

(i) 

a distributor of spare parts for motor vehicles not operating within the distribution system set up by the supplier of the motor vehicles for which it distributes spare parts;

(ii) 

an authorised distributor within the distribution system of a given supplier, to the extent that it distributes spare parts for motor vehicles in respect of which it is not a member of the respective supplier’s distribution system;

(g) 

‘motor vehicle’ means a self-propelled vehicle intended for use on public roads and having three or more road wheels;

(h) 

‘spare parts’ means goods which are to be installed in or upon a motor vehicle so as to replace components of that vehicle, including goods such as lubricants which are necessary for the use of a motor vehicle, with the exception of fuel;

(i) 

‘selective distribution system’ means a distribution system where the supplier undertakes to sell the contract goods or services, either directly or indirectly, only to distributors selected on the basis of specified criteria and where these distributors undertake not to sell such goods or services to unauthorised distributors within the territory reserved by the supplier to operate that system.

2.  
For the purposes of this Regulation, the terms ‘undertaking’, ‘supplier’, ‘manufacturer’ and ‘buyer’ shall include their respective connected undertakings.

‘Connected undertakings’ means:

(a) 

undertakings in which a party to the agreement, directly or indirectly:

(i) 

has the power to exercise more than half the voting rights; or

(ii) 

has the power to appoint more than half the members of the supervisory board, board of management or bodies legally representing the undertaking; or

(iii) 

has the right to manage the undertaking’s affairs;

(b) 

undertakings which directly or indirectly have, over a party to the agreement, the rights or powers listed in point (a);

(c) 

undertakings in which an undertaking referred to in point (b) has, directly or indirectly, the rights or powers listed in point (a);

(d) 

undertakings in which a party to the agreement together with one or more of the undertakings referred to in points (a), (b) or (c), or in which two or more of the latter undertakings, jointly have the rights or powers listed in point (a);

(e) 

undertakings in which the rights or the powers listed in point (a) are jointly held by:

(i) 

parties to the agreement or their respective connected undertakings referred to in points (a) to (d); or

(ii) 

one or more of the parties to the agreement or one or more of their connected undertakings referred to in points (a) to (d) and one or more third parties.

CHAPTER II

VERTICAL AGREEMENTS RELATING TO THE PURCHASE, SALE OR RESALE OF NEW MOTOR VEHICLES

Article 2

Application of Regulation (EC) No 1400/2002

Pursuant to Article 101(3) of the Treaty, from 1 June 2010 until 31 May 2013, Article 101(1) of the Treaty shall not apply to vertical agreements relating to the conditions under which the parties may purchase, sell or resell new motor vehicles, which fulfil the requirements for an exemption under Regulation (EC) No 1400/2002 that relate specifically to vertical agreements for the purchase, sale or resale of new motor vehicles.

Article 3

Application of Regulation (EU) No 330/2010

With effect from 1 June 2013, Regulation (EU) No 330/2010 shall apply to vertical agreements relating to the purchase, sale or resale of new motor vehicles.

CHAPTER III

VERTICAL AGREEMENTS RELATING TO THE MOTOR VEHICLE AFTERMARKET

Article 4

Exemption

Pursuant to Article 101(3) of the Treaty and subject to the provisions of this Regulation Article 101(1) of the Treaty shall not apply to vertical agreements relating to the conditions under which the parties may purchase, sell or resell spare parts for motor vehicles or provide repair and maintenance services for motor vehicles, which fulfil the requirements for an exemption under Regulation (EU) No 330/2010 and do not contain any of the hardcore clauses listed in Article 5 of this Regulation.

This exemption shall apply to the extent that such agreements contain vertical restraints.

Article 5

Restrictions that remove the benefit of the block exemption — hardcore restrictions

The exemption provided for in Article 4 shall not apply to vertical agreements which, directly or indirectly, in isolation or in combination with other factors under the control of the parties, have as their object:

(a) 

the restriction of the sales of spare parts for motor vehicles by members of a selective distribution system to independent repairers which use those parts for the repair and maintenance of a motor vehicle;

(b) 

the restriction, agreed between a supplier of spare parts, repair tools or diagnostic or other equipment and a manufacturer of motor vehicles, of the supplier’s ability to sell those goods to authorised or independent distributors or to authorised or independent repairers or end users;

(c) 

the restriction, agreed between a manufacturer of motor vehicles which uses components for the initial assembly of motor vehicles and the supplier of such components, of the supplier’s ability to place its trade mark or logo effectively and in an easily visible manner on the components supplied or on spare parts.

CHAPTER IV

FINAL PROVISIONS

Article 6

Non-application of this Regulation

Pursuant to Article 1a of Regulation No 19/65/EEC, the Commission may by regulation declare that, where parallel networks of similar vertical restraints cover more than 50 % of a relevant market, this Regulation shall not apply to vertical agreements containing specific restraints relating to that market.

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Article 7

The Commission shall monitor the operation of this Regulation and carry out an evaluation thereof before 31 May 2028.

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Article 8

Period of validity

This Regulation shall enter into force on 1 June 2010.

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It shall expire on 31 May 2028.

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

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