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.