WRITTEN QUESTION P-2758/03 by Werner Langen (PPE-DE) to the Commission. Entry into force of the motor vehicle block exemption regulation.
Date: 2003-09-10
Institutions: European Parliament, Provisional data
Subjects: application of EU law, competition law, exclusive distribution agreement, general mechanical engineering, motor vehicle industry

13.3.2004

EN

Official Journal of the European Union

C 65 E/209

Discussions are currently being held between the Commission and the Member States to determine what
the appropriate and most extensive permissible use of PNR data in the fight against terrorism might be.
The Commission has always insisted on respect for the principle of reciprocity in its discussions with the
US authorities.

(2004/C 65 E/226)

WRITTEN QUESTION P-2758/03

by Werner Langen (PPE-DE) to the Commission

(10 September 2003)

Subject: Entry into force of the motor vehicle block exemption regulation

The deadline for the changeover to the new motor vehicle block exemption regulation expires on
1 October 2003. Some vehicle manufacturers have terminated all dealer agreements and intend to
conclude new contracts with their distributors. According to current information, the overwhelming
majority of agreements have been drafted in such a way as to be diametrically opposed to the block
exemption regulation. The objective was to liberalise the motor vehicle trade in order ‘to strengthen the
position of dealers and repair shops and allow them to develop their business to the benefit of customers’
(Commission press release of 25 July 2003 (cid:1) IP/03/1117). Statements issued by many dealer associations,
however, show the opposite to be the case. Excessive regulations, standards and specifications are being
used in an attempt to restrict competition and make a nonsense of liberalisation.

The Commission:

1.

Is it aware of the contents of the draft agreements of certain vehicle manufacturers and what is its
view of developments in the dealer distribution systems in relation to the deadline of 1 October 2003?

2. What options does it have to counter distorted developments which are contrary to the objectives of

the new block exemption regulation?

3. What measures will it take if it comes to the conclusion that the position of dealers and repair shops

is not strengthened and business is not developed to the benefit of customers?

4. What further steps will it take in regard to implementing and monitoring the measures implemented
to achieve the objectives of the motor vehicle block exemption regulation? Is it also considering, if
necessary, revoking the regulation and completely deregulating the distribution systems?

Answer given by Mr Monti on behalf of the Commission

(14 October 2003)

1.
The Commission has examined copies of certain contracts supplied to it by interested third parties.
The Commission has found problems with some of these, and has intervened to bring them into line with
the new rules.

2.
The Commission has been concerned to ensure that the transition from the old framework under
Commission Regulation (EC) No 1475/95 of 28 June 1995 on the application of Article 85 (3) of the
Treaty to certain categories of motor vehicle distribution and servicing agreements (1), to the new regime
under Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of
the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector (2), takes
place as smoothly as possible. The Commission issued an explanatory brochure in last September 2002 to
help interested parties to understand their obligations under the new rules. Moreover, the Commission has
been on hand to give advice to dealers, repairers, and manufacturers concerning the new Regulation, and
where appropriate has intervened to ensure that agreements are brought into line with the competition
rules.

C 65 E/210

Official Journal of the European Union

EN

13.3.2004

At this stage it is far too early to come to any general conclusions as to whether the Regulation has
3.
strengthened the position of dealers and repairers. The Regulation represents a major change, and the
sector will clearly need time to adapt business practices to the freedoms offered by the new rules.

The Commission will continue to use its investigative powers and its regular contacts with operators
4.
in the sector to monitor the situation pursuant to Article 11 of the Regulation after the transition period
has expired on 1 October 2003. If and when abuses or practices that are out of line with the new rules are
brought to its attention, the Commission will take appropriate action, where necessary in association with
the parties concerned.

The Commission would like to take this opportunity to underline that it has no plans to revoke Regulation
(EC) No 1400/2002, or indeed to disapply it, or withdraw the benefit of the exemption. The conditions for
such withdrawal or disapplication are set out
the Regulation, and in the
Commission’s view these are not met.

in Articles 6 and 7 of

The Commission would moreover draw the Honourable Member’s attention to the fact that if Regulation
(EC) No 1400/2002 were revoked,
the general block exemption for vertical restraints, Commission
Regulation (EC) No 2790/1999 of 22 December 1999 on the application of Article 81(3) of the Treaty to
categories of vertical agreements and concerted practices (3), would automatically apply to motor vehicle
distribution and repair. From a dealer or repairer’s point of view, that regulation contains fewer safeguards
than Regulation (EC) No 1400/2002. In particular, it does not provide for minimum notice provisions for
terminating dealer agreements, does not allow those dealers who so wish to sub-contract after-sales
provision, would allow manufacturers to effectively prevent dealers from selling brands from competing
suppliers, and does not provide for independent repairers to have access to the technical information they
need to effectively and safely repair today’s vehicles.

In the event that neither Regulation (EC) No 1400/2002 nor Regulation (EC) No 2790/1999 were to apply
to the motor vehicle sector, dealers, manufacturers and repairers would have far less legal certainty as
regards the compatibility of their agreements with the competition rules. The Commission therefore
believes that a block exemption represents the best option for this sector, and understands that this view is
shared by the majority of those concerned.

(1) OJ L 145, 29.6.1995.
(2) OJ L 203, 1.8.2002.
(3) OJ L 336, 29.12.1999.

(2004/C 65 E/227)

WRITTEN QUESTION E-2761/03

by Erik Meijer (GUE/NGL) to the Commission

(16 September 2003)

Subject: Large increase in the transport of unsorted industrial waste from the Netherlands to Germany in

order to cut costs of separation and processing

Is the Commission aware that, in the recent past, the Netherlands was leading the way with regard to

1.
the separation and recycling of industrial waste, thanks to purpose-built installations?

Is the Commission aware that increasing quantities of unsorted industrial waste are being sent by
2.
road from the Netherlands to the neighbouring state of North Rhine-Westphalia,
the quantity
concerned is likely to be 3,8 million tons in 2003 and that these consignments are causing a good deal of
noise and odour nuisance in Germany?

that

3.
Can the Commission confirm the reports on the current affairs TV programme Nova (shown on
Nederland 3 on 14 August and 3 September 2003) to the effect that this approach has been adopted
because dumping the waste in Germany is far cheaper than processing it in the Netherlands, the difference
in cost ranging from EUR 1 400 to 3 200 per consignment?