No C 329/20 Official Journal of the European Communities 18. 12.91 
Clarification of the activities 
(91/C 
This notice is to supplement the notice (x) published with 
Regulation (EEC) No 123/85 in order to clarify the 
scope of the activities of the intermediaries mentioned in 
that Regulation. The relationship between an inter­
mediary and the person for whom he or it is acting is 
primarily governed by their contract and by the national 
law applicable, and does not affect the rights and obli­
gations of third parties to the contract. This notice does 
not therefore summarize all the obligations of an inter­
mediary. 
1. Principles 
The following guidelines, which are in line with the 
balanced objectives pursued by Regulation (EEC) No 
123/85, are based on two principles. The first is that 
the intermediary referred to in the Regulation is a 
provider of services acting for the account of a 
purchaser and final user; he cannot assume risks 
normally associated with ownership, and is given 
prior written authority by an identified principal, 
whose name and address are given, to exercise such 
activity. The second is the principle of the trans­
parency of the authorization, and in particular the 
requirement that, under national law, the inter­
mediary pass on to the purchaser all the benefits 
obtained in the negotiations carried out on his behalf. 
In this context, three groups of criteria should be 
distinguished: 
(a) with regard to the validity of the authorization 
and to the provision of assistance; 
(b) with regard to the intermediary's scope for adver­
tising; 
(c) with regard to the intermediary's possibilities of 
supply. 
The Commission's experience suggests that the 
following guidelines and criteria appear appropriate 
for dealing with the practical requirements. Activities 
which do not conform to these guidelines and criteria 
will justify the presumption, in the absence of 
evidence to the contrary, that an intermediary is 
acting beyond the limits set by Article 3 (11) of Regu­
lation (EEC) No 123/85, or creating a confusion in 
the mind of the public on this point by giving the 
impression that he is a reseller. 
(') OJ No C 17, 18. 1. 1985. of motor vehicle intermediaries 
2. Practical criteria 
(a) The validity of the authorization and the service of 
assistance 
The intermediary is free to organize the structure 
of his activities. However, operations involving a 
network of independent undertakings using a 
common name or other common distinctive signs 
could create the misleading impression of an 
authorized distribution system. 
An intermediary may use an outlet in the same 
building as a supermarket if the outlet is outside 
the premises where the principal activities of the 
supermarket are carried on, provided that he 
complies with the principles set out in the present 
notice. 
Although he cannot assume the risks of 
ownership, the intermediary must be free to 
assume the transport and storage risks associated 
with the vehicle and the credit risks relating to the 
final purchaser for the financing of the purchase 
in a foreign country. The services must be 
provided in total transparency with regard to the 
various services offered and to payment, and this 
must be verifiable through the presentation of 
detailed and exhaustive accounts to the purchaser. 
The intermediary must list in detail to the client, 
in a document which may be separable from the 
written authorization, the various services offered 
to him and must give him the possibility to choose 
those which suit him. In this document, an inter­
mediary not supplying the full range of services 
associated with the putting into circulation of an 
imported vehicle should state which services he is 
not supplying. 
(b) Advertising by the intermediary 
The intermediary must be able to advertise, 
though without creating in potential purchasers' 
minds any confusion between himself and a 
reseller. Subject to this resriction, he should be 
able to: 
18. 12. 91 Official Journal of the European Communities No C 329/21 
— concentrate his activities, and thus his adver­
tising, on a given brand or on a particular 
model, provided that he expressly adds an 
appropriate disclaimer indicating that he is not 
a reseller, but acts as an intermediary offering 
his services, 
— provide full information on the price which he 
can obtain, making it clear that the price 
indicated is his best estimate, 
— display cars which have been bought by his 
clients using his services, or a particular type 
or model which he can obtain for them, 
provided that he expressly and visibly makes it 
clear that he is acting as an intermediary 
offering his services and not as a reseller, and 
that types or models which he displays are not 
for sale, 
— use all logos and brand names, in accordance 
with the applicable rules of law, but without 
creating any confusion in the mind of the 
public with regard to the fact that he is an 
intermediary and not part of the distribution 
network of the manufacturer or manufacturers 
concerned. 
Where a supermarket carries on a distinct activity 
as an intermediary, all necessary measures must 
be taken to avoid confusion in the minds of buyers (final users) with its principal commercial 
activities conducted under its usual or distinctive 
sign. 
(c) Supply of the intermediaries 
In general, the intermediary is free to organize his 
business relationship with the various dealers in 
the distribution networks of the different manu­
facturers; this should not lead the intermediary to 
establish with such dealers a relationship which is 
privileged and contrary to contractual obligations 
accepted in accordance with Regulation (EEC) 
No 123/85, especially Articles 3 (8) (a) and (b), 
(9) and (4) (1) (3). In particular the intermediary 
must obtain supplies on conditions which are 
normal in the market, and he must not: 
— make agreements by which he undertakes 
obligations to buy, 
— receive discounts different from those which 
are customary on the market of the country in 
which the car is purchased. 
In this context, sales of more than 10 % of his 
annual sales by any one authorized dealer 
through any one intermediary would create the 
presumption of a privileged relationship contrary 
to the Articles cited above.