WRITTEN QUESTION No. 1455/97 by Per STENMARCK to the Commission. Cars and free competition
Date: 1997-04-28
Institutions: European Parliament, STENMARCK
Subjects: European Commission, consumer protection, free competition, industrial property, motor car, proposal (EU), protectionism, right to justice, single market, spare part

C 45/36

EN

Official Journal of the European Communities

10. 2. 98

(98/C 45/43)

WRITTEN QUESTION E-1454/97

by Per Stenmarck (PPE) to the Commission

(28 April 1997)

Subject: Cars and new emission control technology

A  new  method  of  controlling  exhaust  emissions  from  new  cars  is  likely  to  be  introduced  with  effect  from
1 January 2000, based on a new technology known as on-board diagnostics (OBD).

OBD has already been introduced in the USA, where it is compulsory for new cars and where free access to data
and standardized connections has also been introduced.

The Commission(cid:146)s proposal for a directive on this subject does not contain any similar provisions concerning
free access to standardized equipment.

Will the Commission take steps to safeguard consumer choice in relation to maintenance and repairs?

Answer given by Mr Bangemann on behalf of the Commission

(12 June 1997)

The Commission fully recognises that access should be given to enable the qualified personnel of franchised
dealers,  non-franchised  garages  and  roadside  organisations  to  diagnose  faults  and  repair  vehicles  that  are
equipped  with  on-board  diagnostic  (OBD)  systems.  OBD  systems  can  thus  ensure  that  faulty  vehicles  are
repaired as effectively as possible and pollutant emissions are kept under control.

The Commission’s proposals for OBD therefore refer to international standard protocols for OBD systems, fault
codes,  the  scan  tools  used  to  interrogate  OBD  systems  and  the  tool-vehicle  connector  so  that  vehicles  are
equipped  with  OBD  systems  built  to  those  standards  enabling  anyone  with  the  standard  tool  to  access  OBD
systems for the purpose of fault diagnosis. Such standardisation will avoid restrictions on the vehicle owner(cid:146)s
freedom of choice of where to have his vehicle repaired.

While OBD will indicate that a component is faulty, a repairer will still need information (e.g. service manuals)
to  show  where  that  component  is  installed  on  the  vehicle  and  what  steps  to  take  to  repair  or  replace  it.  The
conditions  of  the  block  exemption  Regulation  (EC)  No  1475/95  on  selective  distribution (1)  require  vehicle
manufacturers  to  make  available  the  information  necessary  to  repair  vehicles  to  parties  outside  their  normal
distribution network.

While  the  block  exemption  is  due  to  end  in  2002,  the  Commission  is  actively  considering  the  need  for  any
additional  legislation  that  may  be  necessary  to  ensure  that  such  OBD  repair  information  is  commercially
available in the market place to the appropriate interested parties, thereby preserving the competitive nature of
the vehicle repair business in line with the internal market and safeguarding consumer choice for repair.

(1)  OJ L 145, 29.6.1995.

(98/C 45/44)

WRITTEN QUESTION E-1455/97

by Per Stenmarck (PPE) to the Commission

(28 April 1997)

Subject: Cars and free competition

Proposals for introducing 25-year design rights in respect of spare parts for cars are currently being discussed.
They could have serious consequences for competition and result in increased costs for individual car owners.
Findings of studies in this area show that, as has happened in other areas, an absence of competition will result
directly in increased prices.