Communication — Notification of titles of qualifications in specialised medicine (Text with EEA relevance)
Date: 2002-03-16
Institutions: European Commission
Subjects: Italy, Sweden, equivalence of diplomas, nuclear medicine, surgeon

C 67/26

EN

Official Journal of the European Communities

16.3.2002

9. As regards in-store inter-brand competition (multi-branding), the application of Regulation (EC) No 2790/99 to the
car sector would amount to a step backwards as compared to Regulation (EC) No 1475/95, since a non-compete
obligation, i.e. the obligation not to sell more than 20 % of vehicles from another manufacturer, is permissible for a
period of 5 years, after which it has to be renegotiated. If the dealer uses premises which are owned or leased by the
manufacturer, the non-compete obligation is not limited in time. Under Regulation (EC) No 1475/95, full multi-
branding is permissible on condition that it is carried out through separate legal entities, management and sales
premises.

10. Regulation (EC) No 2790/99 does not contain the so called (cid:145)availability clause(cid:146), which allows dealers to order a car
for sale to a foreign consumer who wishes to buy a car abroad which has identical specifications to the same model
sold in their own country (e.g. as many British consumers do when they order a right-hand-drive car in mainland
Europe). This clause is however an important element for achieving the single market objective for motor vehicle
distribution.

11. Moreover, the rules provided for by Regulation (EC) No 2790/99 in order to protect competition in the after-market
do not seem appropriate. It is noteworthy that while 40 % of the total cost of ownership of a passenger car is
attributable to the purchase, 40 % relates to after-sales servicing carried out through official repairers and inde-
pendent repairers (the rest being finance and insurance costs). Both activities are therefore equally relevant for
consumers. Currently, the problem of access to technical information and of the possible anti-competitive effects of
the exercise of IPR rights appears to be more serious in this sector, especially in view of the technical complexity
and the high degree of diversity of the electronic systems built into motor vehicles. Regulation (EC) No 2790/99
also fails to ensure that spare part suppliers can sell their spare parts to dealers; this would allow dealers to offer
consumers a choice between different spare parts.

12. In these circumstances, based on the approach explained in the Commission’s guidelines on vertical restraints (1),
stricter rules have to be put in place. The draft BER incorporates most of the contents of Regulation (EC) No
2790/99 while providing for such stricter rules.

(1) See, for example, points 73 and 81 of Commission notice (cid:145)Guidelines on vertical restraints(cid:146).

Communication (cid:151) Notification of titles of qualifications in specialised medicine

(2002/C 67/03)

(Text with EEA relevance)

Council Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their
formal qualifications as amended recently by Directive
diplomas, certificates and other evidence of
2001/19/EC and particularly Article 42(a) thereof foresees that Member States shall notify the Commission
the laws, regulations or administrative provisions they adopt as regards the award of diplomas,
of
formal qualifications in the field covered by this Directive. The
certificates and other evidence of
the European Communities,
Commission shall publish an appropriate notice in the Official
listing the names adopted by the Member States for the training qualifications concerned and, where
applicable, for the corresponding professional title.

Journal of

Italy has notified the designation of thoracic surgery to be amended for that Member State in the list of
specialist medicine peculiar to two more Member States.

Sweden has notified the designation of nuclear medicine to be amended for that Member State in the list of
specialist medicine peculiar to two or more Member States.

Annex C of Directive 93/16/EEC as amended by Directive 2001/19/EC is hereby amended as follows:

(a) under thoracic surgery, the entry for Italy should read:

(cid:145)Chirurgia toracica; Cardiochirurgia(cid:146);

(b) under nuclear medicine, the entry for Sweden should read:

(cid:145)Nukle(cid:228)rmedicin(cid:146).