EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations revoke the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001 (the “2001 Regulations”).
Articles 83 and 84 of the EC Treaty provide for the enforcement of Articles 81 and 82. The main enforcement provision is Council Regulation (EC) No 1/2003 of 16th December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ No L1, 4.1.2003, p 1) (the “2003 Regulation”) which is made under Article 83 of the Treaty. The 2003 Regulation did not, however, apply in certain cases; notably aviation to third countries, tramp shipping and cabotage. As a result, Article 84 of the Treaty required Member States to make domestic enforcement provisions for these areas and the 2001 Regulations constituted the domestic enforcement provisions for the United Kingdom.
Council Regulation (EC) No 411/2004 of 26th February 2004 (OJ No L68, 06.03.2004, p 1) extended the scope of the 2003 Regulation to include aviation to third countries with effect from 1st May 2004. Council Regulation (EC) No 1419/2006 of 25th September 2006 (OJ No L269, 28.9.2006, p 1) extended the scope of the 2003 Regulation to include cabotage and tramp shipping with effect from 18th October 2006. The domestic 2001 Regulations are, therefore, no longer required because the 2003 Regulation now applies to aviation to third countries, tramp shipping and cabotage.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.