WRITTEN QUESTION E-2214/01 by Brian Simpson (PSE) to the Commission. Car manufacturers withholding technical information from independent vehicle-repair specialists.
Date: 2001-07-24
Institutions: European Parliament, Provisional data
Subjects: dissemination of information, general mechanical engineering, motor vehicle industry, new technology, provision of services, restriction on competition, self-employed person

C 115 E/40

Official Journal of the European Communities

EN

16.5.2002

Nevertheless, the Commission would point out the dossiers pending before both the Luxembourg and
Belgian courts are being closely monitored by the European Anti-fraud Office (OLAF), which is in contact
with the national judicial bodies. Since the cases are still under examination, strict confidentiality is being
maintained.

When the appropriate time comes, OLAF will provide the Commission with the necessary material to join
a civil action. Meanwhile, the Commission does not wish to interfere with the independence of OLAF in
carrying our its operational tasks.

(2002/C 115 E/040)

WRITTEN QUESTION E-2214/01

by Brian Simpson (PSE) to the Commission

(24 July 2001)

Subject: Car manufacturers withholding technical information from independent vehicle-repair specialists

Is the Commission aware that major car manufacturers are withholding equipment and technical
information from independent vehicle-repair specialists in the UK so as to ensure that cars may be
repaired only by franchise garages?

Would the Commission investigate, as a matter of urgency, this practice, which appears to constitute a
restriction of trade and is forcing small, independent operators out of business?

Answer given by Mr Monti on behalf of the Commission

(10 October 2001)

The Honourable Member is referred to the Commission’s reply to a letter from the Honourable Member
dated 9 July 2001, which covered essentially the same subject matter as this present reply.

The Commission is well aware of the difficulties faced by independent garages that wish to repair modern
vehicles. Such vehicles increasingly contain complex electronic systems that can only be accessed using
brand- or model-specific technical information and diagnostic equipment.

As the Honourable Member may know, exclusive and selective car distribution networks presently fall
within the ambit of Block Exemption Regulation (EC) No 1475/95 (1). At the time that this Regulation was
adopted, cars were less technologically complex, and access to specialised diagnostic tools and information
was not such an important issue as it is today.

Article 6(1)(12) of Regulation (EC) No 1475/95 provides that car manufacturers must make accessible to
independent repairers the technical
information necessary for the repair and maintenance of motor
vehicles. Even where the information is covered by the manufacturer’s intellectual property rights or
constitutes identified, substantial and secret know-how, it may not be withheld in a discriminatory or
abusive manner.

The manufacturer may ask independent garages for a reasonable payment for the supply of technical
information. This fee may not, however, be discriminatory or set at a prohibitively high level.

Regulation (EC) No 1475/95 is of course not the only legislation that has a bearing on this issue. In certain
cases where the equipment concerned is for monitoring on-board systems intended to reduce pollution,
Directive 98/69/EC of the Parliament and of the Council of 13 October 1998 relating to measures to be
taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/
EEC (2) may also be relevant. This Directive provides that no later than three months after the manufacturer
has provided any authorised dealer or repair shop within the Community with repair information, the
manufacturer must make that
information (including all subsequent amendments and supplements)
available to all repair market operators for a reasonable non-discriminatory fee.

16.5.2002

EN

Official Journal of the European Communities

C 115 E/41

Regulation (EC) No 1475/95 expires in September 2002 and the Commission is currently in the process of
reviewing the operation of the competition rules in this area. As part of the review,
last year the
Commission carried out an evaluation of the way in which Block Exemption Regulation (EC) No 1475/95
has functioned since it was adopted in 1995.

In its report, which is available on the Internet (3), the Commission concluded that the Block Exemption
had not fulfilled certain of its aims,
inter alia as regards independent repairers’ access to technical
information.

The Commission is now carefully examining all relevant questions with a view to deciding on a framework
for post-2002 car distribution. Access to technical
is a
particularly important issue in this regard. In particular, it would seem that an inability to get access to
such equipment may effectively exclude independent repairers from an increasing segment of the repair
market, to the detriment of competition. There are, however, other interests that must be taken into
account, including those of the car manufacturers and the manufacturers of the diagnostic equipment
concerned.

information and to diagnostic equipment

The Commission has recently commissioned the independent consultants Arthur Andersen to carry out a
study to measure the impact of possible legislative scenarios on all parties concerned, and they have been
specifically asked to look at the question of access to diagnostic equipment and technical information.

The Honourable Member may be assured that the Commission will consider all relevant factors before
deciding how to deal with this issue in the context of the post-2002 regime for car distribution.

(1) Commission Regulation (EC) No 1475/95 of 28 June 1995 on the application of Article 85(3) of the EC Treaty to

certain categories of motor vehicle distribution and servicing agreements, OJ L 145, 29.6.1995.

(2) OJ L 350, 28.12.1998.
(3) At http://europa.eu.int/comm/competition/car_sector/distribution/eval_reg_1475_95/report/.

(2002/C 115 E/041)

WRITTEN QUESTION E-2224/01

by W.G. van Velzen (PPE-DE) to the Commission

(24 July 2001)

Subject: Netherlands state aid for the American computer firm SCI System

The Commission is currently investigating the Netherlands state aid to the American computer firm SCI
System. According to reports in the Dutch newspaper Financiële Dagblad of 9 July 2001, the Netherlands
Government provided the Commission with incorrect and incomplete information.

Is the Commission aware of this article in the Financiële Dagblad, and can the Commission confirm
to the Commission on SCI System the item relating to
in the Netherlands state aid report

1.
that
NLG 800 000 for security services to be paid by the province of Friesland was missing?

If this item is missing, what steps will the Commission take to check the veracity of the report in the

2.
Dutch newspaper?

If

the Netherlands Government has provided the Commission with incorrect and incomplete
3.
information regarding state aid to the American computer firm SCI System, what effect will this have on
its relations with the Commission and what steps might the Commission take?

Answer given by Mr Monti on behalf of the Commission

(8 October 2001)

The Commission is aware of the newspaper article that is referred to.

The case to which the questions refer has been the subject of an investigation by the Commission. The
Commission initiated the procedure of Article 88(2) by its decision of 6 February 1999 (1). It took a final
decision on 13 February 2001 (2).