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Brussels, 28 May 2008: Future of the BER 1400/2002: who will be in the driver’s seat after 2010?
Download the Press release (pdf)
AIRC, CECRA, EGEA, FIA and FIGIEFA maintain that the Motor Vehicle Block Exemption Regulation (BER) EC N° 1400/2002 has so far ensured a level playing field for all operators in the automotive sector and has guaranteed freedom of choice for consumers. It would be detrimental for all aftermarket operators and consumers alike to remove rules which provide legal certainty and which have recently established a frame for effective competition in the automotive sector.
The Members of the R2RC Alliance are of the opinion that if the automotive sector had to rely on many scattered legal instruments, as suggested by the European Commission, this would create a legal patchwork. Such a legal patchwork would however not represent a satisfactory framework for competition in the markets for vehicles, spare parts, tools, servicing and repair. Therefore AIRC, CECRA, EGEA, FIA and FIGIEFA call upon EU decision-makers to renew the Motor Vehicle Block Exemption Regulation or to re-affirm its principles into a new sector-specific legislation in 2010.
Without successor legislation, competition in the automotive sector would fall behind.
Access to repair information, tools and spare parts:
Independent and authorised repairers, roadside assistance-breakdown service providers, tools and equipment producers and independent parts distributors need free and fair access to repair information. ”Moreover, tools producers need specific system data required for the manufacturing of multi-brand diagnostic tools and test equipment”, states EGEA President Klaus Burger.
Without a Block Exemption Regulation, only the general competition rules of Article 81 and Art. 82 of the EC Treaty would apply. “But arguing a case in the absence of a Regulation with clearly defined hard-core restrictions is a very costly exercise requiring economic evaluations and legal opinions from which small and medium-sized enterprises are likely to shy away. This is clearly SME-unfriendly”, says AIRC Secretary General a.i. Hilde van der Stichele. And the new Euro 5/6 Regulation (EC) N° 715/2007, which enters into force in September 2009, covers access to repair information only for newly type-approved vehicles. It can not fill the gap for the existing vehicle park.
“For the supply and distribution of spare parts, independent wholesalers rely on the availability of a wide range of automotive components to be able to respond to clients’ demands. Any future regulatory framework needs to ensure the unrestricted supply and availability of such parts from those who actually make them - in more than 80% of all cases specialised parts producers.
Without equivalent safeguards and robust rules like those enshrined in the BER, vehicle manufacturers could become the only source of supply for an increasing number of parts”, concludes FIGIEFA Secretary General Sylvia Gotzen. “For enhancing competition on all levels of the chain of distribution, merely applying the rules currently embodied in the Vertical Restraints Regulation (EC) N° 2790/1999 to the automotive sector would be no equivalent alternative.”
Brussels, 28 November 2007: EP's Industry Committee asks Commission to consider independent aftermarket in its current and future Automotive Policy
The European Parliament's Industry Committee (ITRE) has adopted a Parliamentary Motion on 'CARS 21' in which the European Commission is called upon to ensure effective competition in the automotive aftermarket. The Committee particularly emphasised the need to include consumer choice and free access of independent market operators to technical information, training, replacement parts, multi-brand diagnostic tools and test equipment into the guidelines for the Commission's future automotive policy.
The rapporteur, Jorgo Chatzimarkakis (ALDE/Germany) and Britta Thomsen (PSE/Denmark), who had tabled the aftermarket clauses, call for the 'open reparability' of vehicles to become a horizontal principle to be considered in all current and forthcoming legislative initiatives. This is particularly important with regard to the promotion of new vehicle information and communication technologies in the EU.
EGEA President Klaus Burger welcomes this clear signal of the Industry Committee. "The European Parliament has - finally - corrected the unbalanced approach of the CARS 21 Group, which mainly looked at how to increase car makers' competitiveness. CARS 21 failed to consider the needs of the entire motor vehicle sector. The competitiveness and the future of the automotive industry can not be considered in terms of the production of new vehicles alone, since they need maintenance, servicing and repair from the first day of their lives.
Today's vote is the recognition of the vital role that the independent aftermarket plays in providing affordable mobility and in promoting consumer choice for the EU's 260 million motorist consumers in the aftermarket care of their vehicles. It is an acknowledgement of the contribution that 665.000 companies and 3,5 million people employed in component production, distribution and servicing of vehicles make to maintain safe and clean vehicles on Europe's roads and to safeguard a sound SME landscape in Europe", he says.
Paris, 16th October 2007
Paris, 16.10.2007. Automotive aftermarket and motorist representatives have launched
today the Right to Repair Campaign at Equip’Auto to safeguard consumer choice and
effective competition in the market for vehicle replacement parts, tools and equipment,
servicing and repair.
"Vehicles are more and more becoming "computers on wheels", stated Campaign
spokesperson Sylvia Gotzen. "While technological innovations provide better emissions
control as well as more safety and comfort, they have made it increasingly challenging to
service or repair a vehicle. Fair and full access for independent market operators to
technical information, multi-brand diagnostic tools as well as test equipment, replacement
parts and training is therefore more than ever crucial to be able to provide European
motorists with the quality service and parts they deserve in the aftermarket care of their
vehicles", she explained.
This is a very real challenge, as the Motor Vehicle Block Exemption Regulation (EC) N°
1400/2002, which protects competition and consumer choice in the parts and repair
sector, will expire in 2010 and its renewal is uncertain. "Unless we act now, the future of
the independent automotive aftermarket and the freedom of consumers to choose is in
jeopardy", emphasised both FIGIEFA Board Member Michel Vilatte and Bert Mons,
Secretary General of EGEA.
In response, aftermarket and motorists representatives have come together to defend not
only their very ‘right to repair’, but also consumers’ right to have their vehicles serviced
and repaired at a workshop of their choice. "European motorists should be able to
choose what is done to their car and who executes the work on what is, after all, their
property", underlined Caroline Ofoegbu, Deputy Director at the FIA.
The Campaign aims at enhancing the visibility of the independent, multi-brand
automotive aftermarket of which too many local and European policymakers have very
limited knowledge. It aims at raising awareness on the contribution that this vitally
important sector with its 3.5 million people and its 665.000 businesses make to the EU’s
economy and society.
"SMEs form the backbone of Europe’s independent multi-brand repair market. They
provide repair services at close proximity of consumers, help to keep jobs and skills local
and provide employment not only in major cities but also in rural communities", said
Jacopo Moccia, General Director of CECRA. "There is a need for a fair and competitive
regulatory environment that gives freedom of choice to consumers and that enables
these aftermarket SMEs to stay in business", concluded Jan Koolen, Secretary General
of AIRC.
The Right to Repair Campaign urges vehicle manufacturers to fully comply with the provisions of the Motor Vehicle Block Exemption Regulation [BER] (EC) N° 1400/2002, particularly in the light of the recent Commitments by Toyota, Fiat, DaimlerChrysler and Opel on non-discriminatory access to technical information for independent operators, which were declared binding by the European Commission in September 2007.
The Right to Repair Campaign calls for vehicle manufacturers to make available the
information needed by manufacturers of diagnostic tools, in order to enhance competition
in the market for generic tools and equipment.
In particular, the Right to Repair Campaign calls for the renewal - and improvement - of
the Motor Vehicle Block Exemption Regulation in order to ensure fair and effective
competition in the automotive aftermarket beyond 2010. Not renewing the Regulation
could easily result in a legal gap for the vehicle park not covered by the new ‘Euro 5’
Regulation (EC) N° 715/2007. Naturally, a number of improvements in a new BER, such
as including specific provisions - based on the current Explanatory Brochure - on
consumers’ warranty rights, would be sought.
Download the files (PDF)
- Press Release
- Q&A
- Leaflet
Brussels, 21th August 2006: During the summer the European Garage Equipment Association renewed its website and gave it an even more European touch by choosing the extension .eu. You can find the website under www.egea-association.eu.
"The renewal of our website is only one part of a larger image campaign EGEA has dedicated itself to", states Klaus Burger, EGEA President. "We all know that websites are by far the most efficient and effective communication tool for both members and third parties. I see www.egea-association.eu as EGEA's business card. Through the website journalists, authorities and other concerned parties will find out more about EGEA and its members. Moreover by visiting the website members will learn about the association's latest activities. It goes without saying that the pages will be regularly updated and more modules will be added over the next few months (members' area, news letters etc.)", concludes Klaus Burger.
The European Garage Equipment Association is the European umbrella organisation for the Garage Equipment Supply industry. It represents 11 National trade associations representing ca. 700 companies, employing more than 40,000 people, covering all products and services within the garage equipment supply chain. EGEA's headquarters are in Brussels, Belgium.
EGEA is dedicated to initiating activities, which stimulate the successful business growth and development of its members. EGEA is recognised as the natural discussion partner on all issues regarding the garage equipment supply industry. As such, EGEA represents a unified position on behalf of its members on legislative, technical and economic matters, which can influence the future of the automotive industry in general, and its garage equipment supply chain in particular.
EGEA facilitates constructive dialogue concerning garage equipment industry issues with all relevant parties including the European Commission, the European Parliament, the European Council, the United Nations, and fellow associations in the relevant automotive markets.
Brussels, 21th August 2006: The Economic and Social Council of the United Nations, at its Substantive Session, decided to grant Roster Consultative Status to the European Garage Equipment Association.
It was with great pleasure that EGEA's President, Klaus Burger, announced today that the Economic and Social Council of the United Nations, at its latest Substantive Session, decided to grant Roster Consultative Status to the European Garage Equipment Association.
"EGEA has committed itself to provide more influence, better information and stronger support to the Garage Equipment Industry and this achievement is another step on the way to an even more professional and dedicated association", stated Klaus Burger.
"Though this status only gives the EGEA the right to attend the UN meetings, it is a major opportunity to have our members' interests voiced indirectly", Burger adds.
The European Garage Equipment Association is the European umbrella organisation for the Garage Equipment Supply industry. It represents 11 National trade associations representing ca. 700 companies, employing more than 40,000 people, covering all products and services within the garage equipment supply chain. EGEA's headquarters are in Brussels, Belgium.
EGEA is dedicated to initiating activities, which stimulate the successful business growth and development of its members. EGEA is recognised as the natural discussion partner on all issues regarding the garage equipment supply industry. As such, EGEA represents a unified position on behalf of its members on legislative, technical and economic matters, which can influence the future of the automotive industry in general, and its garage equipment supply chain in particular.
EGEA facilitates constructive dialogue concerning garage equipment industry issues with all relevant parties including the European Commission, the European Parliament, the European Council, the United Nations, and fellow associations in the relevant automotive markets.
Brussels, 26th June 2006: The European Garage Equipment Association welcomes the positive votes of the Transport and Industry Committees, which support comprehensive provisions granting access to technical information required for the servicing and repair of vehicles.
"This demonstrates the critical role the European Parliament is playing in designing a robust Regulation that protects the environment, upholds competition in the automotive aftermarket, and gives 250 million motorists affordable choices in the repair and maintenance of their vehicles, thus allowing them to meet their environmental obligations", stated Klaus Burger, President of EGEA.
The reports were adopted without any changes to Chapter III on access to repair information, thereby giving a strong signal in favour of competitive aftermarket care of vehicles. Specifically, EGEA considers the votes as important steps in improving the competitiveness of the many SMEs that form the backbone of the EU's thriving automotive aftermarket industry.
"Growing complexity in all component and vehicle systems, together with the pervasion of interactive electronics, necessitate the availability of technical information for multibrand market operators. This is crucial when performing competent repair and ensuring the safety and environmental compliance of vehicles throughout their entire life-cycle", added Mr Burger.
EGEA calls upon the Environment and the Internal Market Committees to take account of this strong signal of the two opinion-giving Committees when continuing their deliberating on the Commission's Euro 5 proposal in the coming weeks.
Brussels, 26th June 2006: At its General Assembly in Brussels, the European Garage Equipment Association elected a new Board of Directors for the next two years. Klaus Burger (MAHA Maschinenbau Haldenwang GmbH & Co AG) was elected President.
"My goal in the next two years will be to monitor with EGEA even more closely the different on going legislative proposals, e.g. EURO 5 and to safeguard our members' rights regarding access to technical information. EGEA is to provide more influence, better information and stronger support to the Garage Equipment Industry", stated Klaus Burger.
Klaus Burger is 45, married and father of 3 children. He has been active as a mechanical engineer in the garage equipment area for almost 17 years. For 3 years he was Product manager at Hofmann for brake testers, dynamometers and wheel alignment. Since 14 years Klaus Burger is active at MAHA where he started as Sales Manager Export for East Europe, the Middle East and Asia Pacific. He was Sales Director Export at MAHA for 3 years. Currently Klaus Burger is Sales Director for the MAHA Group and since 1 year and Managing Director of the AutomoTec Service Company of the MAHA Group.
On top of that Klaus Burger was recently elected President of the German Garage Equipment Association, ASA. For years Klaus Burger is active in several working groups at CITA, ASA and EGEA level.
Klaus Burger will be managing a five-headed board comprising:
The European Garage Equipment Association is the European umbrella organisation for the Garage Equipment Supply industry. It represents 11 National trade associations representing ca. 700 companies, employing more than 40,000 people, covering all products and services within the garage equipment supply chain. EGEA's headquarters are in Brussels, Belgium.
EGEA is dedicated to initiating activities, which stimulate the successful business growth and development of its members. EGEA is recognised as the natural discussion partner on all issues regarding the garage equipment supply industry. As such, EGEA represents a unified position on behalf of its members on legislative, technical and economic matters, which can influence the future of the automotive industry in general, and its garage equipment supply chain in particular.
EGEA facilitates constructive dialogue concerning garage equipment industry issues with all relevant parties including the European Commission, the European Parliament, the European Council, the United Nations, and fellow associations in the relevant automotive markets.