WRITTEN QUESTION No. 1957/97 by Peter SKINNER to the Commission. Availability of right-hand drive vehicles
Date: 1997-05-28
Institutions: European Parliament, SKINNER
Subjects: after-sales service, competition, consumer protection, distributive trades, exclusive distribution agreement, motor car, single market

C 21/126

EN

Official Journal of the European Communities

22. 1. 98

The  Commission  is  currently  considering  the  most  appropriate  initiative  in  the  light  of  International  Labour
Organisation (ILO) Convention No 177 and the accompanying Recommendation.

(1)  Social Europe 4/96, p. 42.

(98/C 21/241)

WRITTEN QUESTION P-1957/97

by Peter Skinner (PSE) to the Commission

(28 May 1997)

Subject: Availability of right-hand drive vehicles

Given  that  open  market  conditions  should  prevail  in  the  EU  with  regard  to  competition  amongst  car
manufacturing companies, and that this competition should lead to greater availability and fewer restrictions on
the purchaser, will the Commission comment on the unnecessary restrictions imposed on people who wish to
directly purchase right-hand drive vehicles on the continent?

What action is the Commission taking to ensure that right-hand drive vehicles are as readily available for car
manufacturers on  the continent  as are left-hand drive  vehicles,  without  the  restriction  of  dealership  purchase
only?

Answer given by Mr Van Miert on behalf of the Commission

(17 June 1997)

The Commission fully agrees with the Honourable Member that open market conditions should lead to more
competition and, in fact, make it easier for consumers to buy their right-hand-drive (RHD) vehicles wherever
they find it most advantageous in the Community.

Indeed, the Commission in its Regulation (1) for motor vehicle distribution reinforces this freedom. A dealer
within the single market may not reject a consumer’s offer to buy, or ask for a higher price simply because the
consumer is a resident of another Member State. However, since it is normally in a dealer’s interest to maximise
sales,  the  consumer(cid:146)s  right  is  not  accompanied  by  an  obligation  imposed  on  dealers  to  sell.  The  Regulation
establishes the following rights for a consumer resident in one Member State who wants to buy a motor vehicle,
including RHD cars, in another Member State:

› 

› 

› 

the consumer can be requested to complete only the same documentation, and in the usual manner, as is
normally and lawfully required of a consumer resident in the Member State where the vehicle is bought.
Usually such documentation relates to the name and address of the consumer;

the producer and all dealers should honour the guarantee and provide free servicing, vehicle recall work, and
repair and maintenance services necessary for the safe and reliable functioning of the vehicle, irrespective of
where and from whom in the single market the vehicle was purchased;

the  manufacturer,  the  supplier  or  another  undertaking  within  the  network  which  directly  or  indirectly
restricts the freedom of final consumers, authorized intermediaries or authorized dealers to obtain a new
motor vehicle from whichever authorized dealer they choose within the single market automatically loses
the  benefit  of  the  exemption  and  as  a  consequence  this  manufacturer’s  whole  distribution  network  is
automatically void pursuant to Article 85(2) of the EC Treaty.

Apart from this general approach aiming at opening the car sales markets e.g. for customers who want to buy a
RHD car outside their place of residence, the Commission has adopted two decisions condemning obstacles to
the purchase of new RHD cars (2) outside the United Kingdom.  In addition, the Honourable Member is invited to
refer to the Commission’s earlier answers to written questions on this subject (3).

(1)  Commission Regulation (EC) No 1475/95, OJ L 145 of 28.6.1995, p. 25 on the application of Article 85(3) of the Treaty to certain categories
of motor vehicle distribution and servicing agreements which replaced the former Commission Regulation (EEC) for this area No 123/85 of
12.12.1984, OJ L 15 of 18.1.1985, p. 16.

(2)  Commission decision of 25.9.1986, OJ L 295 of 18.10.1986, p. 19; Commission decision of 2.7.1984, OJ L 207 of 2.8.1987, p. 11.
(3)  Written  Question  No  2874/91  by  Mr  Thomas  Megahy,  OJ  C  162  of  29.6.1992,  p.  33;  Written  Question  No  1829/82  by  Sir  James

Scott-Hopkins, OJ C 111 of 25.4.1983, p. 11, with further reference to previous answers of the Commission.