WRITTEN QUESTION E-0904/04 by Richard Corbett (PSE) to the Commission. Mercedes-Benz car warranties.
Date: 2004-03-24
Institutions: European Parliament, Provisional data
Subjects: consumer protection, distributive trades, motor car, motor vehicle industry, producer's liability, restriction on competition

C 88 E/242

Official Journal of the European Union

EN

8.4.2004

permits falls under the responsibility of national authorities, and does not need to be notified to the
Commission. In the absence of information indicating the contrary, the Commission does not see a reason
to assume that Portugal fails to apply relevant Community waste legislation.

(1) Commission Decision 97/138/EC of 3 February 1997 establishing the formats relating to the database system
pursuant to Parliament and Council Directive 94/62/EC on packaging and packaging waste, OJ L 52, 22.2.1997.
(2) Directive 94/62/EC of the Parliament and Council Directive of 20 December 1994 on packaging and packaging

waste, OJ L 365, 31.12.1994.

(3) Directive 2004/12/EC of the Parliament and of the Council of 11 February 2004, OJ L 47, 18.2.2004.

(2004/C 88 E/0244)

WRITTEN QUESTION P-0902/04

by Alexandros Alavanos (GUE/NGL) to the Commission

(19 March 2004)

Subject: Talks for a settlement in Cyprus

At its meeting of 23 February 2004, the Council ‘welcomed the preparedness of the European Commission
to fulfil its supportive role, acknowledged by successive European Councils, by providing the assistance
requested by the United Nations Secretary-General.’

In the light of the role which the UN Secretary-General has called upon the Commission to play, will the
Commission say whether it can confirm that the talks held to date have taken account of the need to
implement the ‘acquis communautaire’ throughout the island, and the need for an operational State
capable of meeting the requirements of participation in the European Union?

Answer given by Mr Verheugen on behalf of the Commission

(20 April 2004)

The Commission can confirm that the comprehensive settlement of the Cyprus problem put forward to
the Secretary General of
the ‘acquis’
throughout the island. One of the United Nations (UN) subcommittees is dealing exclusively with the
harmonisation of future federal and constituent state laws with Community legislation. The meetings of
this subcommittee are chaired by UN experts with EU background. These experts also take account of the
capability of the reunited Cyprus to fulfil its obligations under EU law and to fully participate in the EU.

the United Nations takes account of

the need to implement

(2004/C 88 E/0245)

WRITTEN QUESTION E-0904/04

by Richard Corbett (PSE) to the Commission

(24 March 2004)

Subject: Mercedes-Benz car warranties

Is the Commission aware that Mercedes-Benz offer a manufacturing warranty of three years to all cars
purchased in the United Kingdom, but only offer a two-year manufacturing warranty to cars purchased in
the rest of Continental Europe?

As this situation may be seen to discourage UK citizens from purchasing Mercedes-Benz cars in other EU
Member States, does the Commission view this as a barrier to free trade throughout the EU?

8.4.2004

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Official Journal of the European Union

C 88 E/243

Answer given by Mr Monti on behalf of the Commission

(22 April 2004)

In relation to the first question put by the Honourable Member, the Commission is aware that some
makes, including Mercedes, offer a three-year warranty in the United Kingdom and only two years in other
Member States.

The Commission considers that the duration of the Mercedes cars warranty depends entirely on the
European marketing policy of Daimler Chrysler. Provided this warranty fulfils the requirements of the
Commission Regulation (EC) No 1400/2002 (1) concerning the car sector (e.g., the possibility left to the
consumer to have his/her warranty honoured by any member of the car manufacturers’ repair network
within the European Union), the Commission does not view a longer duration as a restrictive competition
practice which would prevent free trade across Europe.

A longer warranty is indeed a good commercial incentive like commercial discounts can be, but it certainly
does not deprive the consumer of the ability to buy a car outside the United Kingdom if he/she thinks that
he/she can make a better deal when buying abroad.

(1) 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, OJ L 203, 1.8.2002.

(2004/C 88 E/0246)

WRITTEN QUESTION E-0905/04

by Richard Corbett (PSE) to the Commission

(24 March 2004)

Subject: Bicycle helmets

Is the Commission aware of the position of the European Cycling Federation opposing legislation that
makes the wearing of helmets compulsory for all cyclists? Particularly, is the Commission aware of the
studies they quote showing that the compulsory use of helmets does not decrease the accident rate
involving cyclists?

Is the Commission prepared to investigate the matter and, if appropriate, reconsider the need for such
legislation?

Answer given by Mrs de Palacio on behalf of the Commission

(30 April 2004)

The Commission is aware of the position of the European Cyclists’ Federation on the wearing of protective
helmets by cyclists, and of the studies referred to by the Honourable Member.

The Commission has not so far supported or opposed Community legislation on the wearing of helmets
by cyclists. In the third European road safety action programme (1), adopted in 2003, which provides the
reference framework for Commission initiatives up to 2010,
it announced that it intends to compile
figures on the use of helmets by cyclists in the EU and the effectiveness of cycle helmet use in reducing the
risks of head injury, in particular amongst 10-14 year olds, the high-risk group. The negative or positive
impact on bicycle use and the measures to be taken, where appropriate, at EU level, will also be studied.
As this study is not one of the priority actions, it will not start before 2005.

(1) Halving the number of road accident victims in the European Union by 2010: a shared responsibility (cid:1)

Communication from the Commission, COM(2003) 311 final.