Free competition for spare parts - Fair and reasonable prices for 250 million EU motorist consumers
The European Commission's proposal to amend 'Design' Directive 98/71/EC

The Commission submitted on 14th September 2004 a proposal which is to finally solve the "spare parts issue" under discussion in the Community now for more than 10 years. A crucial decision of high economic and social importance is at stake:
Should a few big car concerns be given a monopoly on a € 10bn spare parts market and be allowed to expel competitors from the market and to lastingly overcharge 250 million EU motorist consumers; or
Should the thousands of SME-companies engaged in the marketing of spare parts be able to continue with their business and consumers be able to have their vehicles repaired with competitively priced spare parts and at a repair shop of their choice.

The Commission - as did the European Parliament in 1998 - for good reasons chose the second option. The Repairs Clause proposed strikes a fair balance between design protection where appropriate and free competition and consumer protection where necessary. It gives vehicle manufacturers protection of their body and body parts designs and thus full support of their core business, the sale of new cars. The clause merely provides that design protection shall not extend to the corresponding spare parts where it would - contrary to protecting the design of new cars - result in a complete product, say: spare parts monopoly.
ECAR, whose members represent a huge cross-section of EU businesses (including more than 1 million employees) and the interests of EU motoring consumers fully supports the proposal of the Commission. It provides a solution that is legally compelling, economically sound, SME-, job- and consumer-friendly, good for EU employment and necessary for making Community lawmaking consistent and for completing the Internal Market.