REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the operation of the system of access to vehicle repair and maintenance information established by Regulation (EC) No 715/2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information
Date: 2016-12-09
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: access to information, approval, commercial vehicle, general mechanical engineering, information system, maintenance, motor vehicle, motor vehicle pollution, pollution control measures, vehicle parts

EUROPEAN 
COMMISSION 

Brussels, 9.12.2016  
COM(2016) 782 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the operation of the system of access to vehicle repair and maintenance information 
established by Regulation (EC) No 715/2007 on type approval of motor vehicles with 
respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) 
and on access to vehicle repair and maintenance information 

EN 

   EN 

 
 
 
 
  
 
1. 

INTRODUCTION 

Under  Article  9  of  Regulation  (EC)  No 715/2007  (the  Euro  5-6  Regulation)1  on  access  to 
vehicle repair and maintenance information (hereafter ‘RMI’2): 

‘Not later than 2 July 2011, the Commission shall present to the European Parliament 
and to the Council a report on the operation of the system of access to vehicle repair 
and maintenance information, with particular consideration being given to the effect 
on  competition  and  the  operation  of  the  internal  market  and  the  environmental 
benefits. The report shall consider whether it would be appropriate to consolidate all 
provisions  governing  access  to  vehicle  repair  and  maintenance  information  within  a 
revised framework directive on type approval.’ 

In 2011 there were very few Euro 5/6 vehicles serviced in independent workshops (most were 
still  under  warranty).3  Furthermore,  neither  an  objective  assessment  of  the  operation  of  the 
system of access to vehicle RMI nor detailed technical data on it were available. This made 
necessary  a  comprehensive  review  of  the  operation  of  the  system  which  could  be  used  as  a 
basis for drafting this report. 

The  European  Commission  consequently  waited  until  the  first  quarter  of  2014  to  launch  a 
study  to  review  the  operation  of  the  system  of  access  to  vehicle  RMI  (hereafter  ‘the  RMI 
study’).  The  RMI  study  provides  a  comprehensive  and  detailed  analysis,  followed  by 
recommendations, covering six areas essential for understanding the operation of the system. 
The study was published in the EU Bookshop in November 2014.4 

The  research  methods  for  this  study  included  a  combination  of  desk  research,  database 
analysis  (covering  19  official  RMI  websites),  80  stakeholder  interviews  and  2 467  surveys. 
Field  research  was  also  conducted  through  visits  to  three  independent  operators5  (hereafter 
‘IOs’) in Germany, the UK and Poland. The groups of stakeholders consulted during the study 
included  vehicle  manufacturers  (hereafter  ‘original  equipment  manufacturers  —  OEMs’6); 

1  Regulation  (EC)  No 715/2007  of  the  European  Parliament  and  of  the  Council  of  20 June  2007  on  type 
approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 
and Euro 6) and on access to vehicle repair and maintenance information, OJ L 171, 29.6.2007, p. 1. 

2 

‘Vehicle  repair  and  maintenance  information’  means  all  information  required  for  diagnosis,  servicing, 
inspection,  periodic  monitoring,  repair,  re-programming  or  re-initialising  of  the  vehicle  and  which  the 
manufacturers provide for their authorised dealers and repairers, including all subsequent amendments and 
supplements  to  such  information.  This  information  includes  all  information  required  for  fitting  parts  or 
equipment on vehicles. 

3  Regulation (EC) No 715/2007 became applicable in September 2009. The new Euro 5 vehicles placed on the 
market after that date have a warranty period of at least 2 years and it took another 4 years before they were 
old enough to be taken to IOs for service or repair. In 2011, most Euro 5 vehicles were still under warranty 
and thus mainly serviced by authorised repairers. This situation has changed dramatically over the last few 
years as more Euro 5 vehicles have come out of warranty and/or have been sold to second users. 

4  RMI study. 

5 

Independent  operators  are  undertakings  other  than  authorised  dealers  and  repairers  which  are  directly  or 
indirectly  involved  in  the  repair  and  maintenance  of  motor  vehicles.  This  includes  in  particular  repairers; 
manufacturers or distributors of repair equipment, tools or spare parts; publishers of technical information; 
automobile clubs; roadside assistance operators; operators of inspection and testing services; and providers 
of training for installers, manufacturers and repairers of equipment for alternative fuel vehicles. 

6  Vehicle manufacturers are often referred to as original equipment manufacturers (OEMs). 

2 

 
 
                                                 
repairers;  tool  and  equipment  manufacturers;  parts  suppliers  and  parts  wholesalers;  data 
publishers; type approval authorities; remanufacturers and national authorities responsible for 
vehicle periodic technical inspections. 

The RMI study provides the Commission with the essential accurate and reliable data required 
to meet its reporting obligation. It was conducted in close cooperation with the Commission 
services and in accordance with the terms of reference of its call for tenders. Moreover, it was 
presented  to  stakeholders  and  Member  States  on  several  occasions  in  both  the  Technical 
Committee  —  Motor  Vehicles  and  the  Motor  Vehicle  Working  Group,  receiving  general 
support from the participants. 

The general purpose of the access to vehicle RMI legislation is to facilitate competition and 
the good functioning of the internal market. As the RMI study points out, once a vehicle has 
been purchased, competition on the markets for repair and maintenance services and for spare 
parts is less intense than on the market for new car sales. In other words, since spare parts and 
technical knowledge are  often specific to  a brand or model,  consumers  could be harmed by 
anti-competitive practices by the relevant manufacturer. In consequence, such practices may 
push  up  repair  costs.  Hence,  the  presence  of  IOs  broadens  consumer  choice  and  ensures 
competition for vehicle manufacturer networks in the aftermarket sector. 

Greater  competition  between  vehicle  manufacturer  networks  and  IOs  is  expected  to  lower 
costs  to  consumers  for  repair  and  maintenance.  These  costs  are  thought  to  represent  a 
significant share of total consumer expenditure on motor vehicles. They may have an impact 
on  public  health  and  safety  if  they  deter  consumers  from  undertaking  regular  maintenance 
work. Vehicles that are not properly maintained are likely to have higher emissions and could 
negatively impact both road safety and the environment. 

To compete in the vehicle repair market, IOs must be able to access vehicle RMI. Access to 
vehicle RMI is required to carry out a very broad range of operations related to maintaining a 
car throughout its lifetime, including diagnosis of malfunctions, repair services and spare part 
identification. 

To this end, OEMs are required under EU legislation to ensure that IOs have easy, restriction-
free and standardised access to vehicle RMI. 

This  report  examines  the  level  of  compliance  by  OEMs  with  their  obligations  on  access  to 
vehicle  RMI.  It  also  examines  whether  the  system  of  access  to  RMI  put  in  place  by  the 
Regulation  is  achieving  its  original  objectives  in  terms  of  effects  on  competition  and  the 
internal market, as well as environmental benefits. 

Based on these findings, the report also outlines possible areas for change and improvement in 
the EU legislation for light passenger and commercial vehicles on RMI (hereafter, ‘the RMI 
Regulations’7). 

Article  9  of  the  Euro  5-6  Regulation  requires  consideration  to  be  given  to  whether  to 
consolidate  all  provisions  governing  access  to  vehicle  repair  and  maintenance  information 
within  a  revised  framework  directive  on  type  approval.  This  consolidation  has  been 
accomplished  by  means  of  the  Commission’s  proposal  for  a  Regulation  of  the  European 

7  Regulation  (EC)  No 715/2007  and  Commission  Regulation  (EC)  No 692/2008  of  18 July  2008 
implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council 
on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles 
(Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, OJ L 199, 28.7.2008, p. 1. 

3 

 
 
                                                 
Parliament and of the Council on the approval and market surveillance of motor vehicles and 
their trailers.8 

2.  COMPLIANCE OF OEMS WITH THEIR OBLIGATIONS UNDER THE RMI REGULATIONS 

The RMI study has assessed the implementation of, and levels of compliance with, Article 6 
of the Euro 5-6 Regulation and Article 13 of Commission Regulation (EC) No 692/2008 for 
major OEMs across Europe. 

The  assessment  of  compliance  focuses  primarily  on  the  functioning  of  the  system  via  RMI 
websites which provide access to the vehicle information required by independent repairers. 

The  RMI  study  considers  that,  in  general,  levels  of  compliance  with  the  RMI  Regulations 
have improved over the past few years. OEMs have put considerable effort into ensuring that 
their systems provide the required information in compliance with the RMI Regulations. 

Most of the issues related to access to RMI  via OEMs’ websites will be resolved to a great 
extent by the introduction of the CEN/ISO standards which provide a standardised format for 
RMI delivered via OEM’s websites.9 The exceptions are access to information on bulk data 
on  parts,  as  identified  by  the  vehicle  identification  number  (VIN),  and  remote  diagnostic 
support. 

On access to security-related RMI,10 although the RMI study considers there may be a need 
for further clarification and guidance, the introduction of the SERMI (SEcurity related Repair 
and Maintenance Information) scheme11 should improve the situation. 

On  compliance  by  small  manufacturers  with  the  obligations  in  Article  6  of  the  Euro  5-6 
Regulation,  the  RMI  study  points  out  that  there  appears  to  be  general  support  among  type-
approval  authorities  (TAAs)  for  giving  formal consideration  to  small  volume  manufacturers 
and  multi-stage  manufacturers  within  the  RMI  Regulations.  This  could  take  the  form  of  a 
derogation or other acceptable methods of providing access to vehicle RMI. 

Despite the progress achieved, there remain difficulties which hinder the overall functioning 
of the system of access to vehicle RMI. 

8 

9 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  the  approval  and  market 
surveillance  of  motor  vehicles  and  their  trailers,  and  of  systems,  components  and  separate  technical  units 
intended for such vehicles of 27.1.2016, COM(2016) 31 final, 2016/0014 (COD), which is currently being 
examined by the European Parliament and by the Council. 

Parts 1  to 4 of  ISO 18541 on  Road  vehicles  --  Standardised  access  to automotive  repair  and  maintenance 
information  (RMI)  --  Part  1:  General  information  and  use  case  definition  (18/09/2014);  Part  2:  Technical 
requirements  (18/09/2014);  Part  3:  Functional  user  interface  requirements  (18/09/2014);  and  Part  4: 
Conformance test (01/11/2015). 

10  The  SERMI  scheme  defines  security-related  RMI  as  the  information,  software,  functions  and  services 
required to repair and maintain the features included in a vehicle by the manufacturer to prevent the vehicle 
from being stolen or driven away and to enable the vehicle to be tracked and recovered. 

11  The  SERMI  scheme,  provided  for  in  Article  13(9)  of  Regulation  (EC)  No 692/2008,  aims  to  create  a 
European-wide process for accreditation, approval and authorisation to access security-related RMI, which 
should streamline the current patchwork of OEM systems. 

4 

 
 
                                                 
The  key  issues  involve  challenges  for  repairers  when  accessing  RMI  directly  from  OEM 
websites.  The  wide  variation  in  user  interfaces  and  software  incompatibilities  cause  great 
inconvenience to users, particularly occasional users or repairers that service many different 
brands. 

Other  controversial  issues  stem  from  different  interpretations  by  stakeholders  of  certain 
aspects which have not been sufficiently detailed in the legislation. Examples are terms such 
as  ‘a  standardised  format’,  ‘readily  accessible’,  ‘in  a  prompt  manner’  and  ‘unequivocal 
vehicle identification’, as well as detailed requirements on the provision of training materials 
and on the relevant on-board diagnostics (OBD)/vehicle RMI information. TAAs have called 
for additional guidance on these to help them verify whether compliance has been achieved. 
Therefore, the RMI study concludes that the level of detail provided by the RMI Regulations 
for such aspects should be increased (see Section 2 of the RMI study). 

3.  ASSESSMENT  OF  THE  EFFECTS  ON  COMPETITION  AND  ON  THE  INTERNAL  MARKET  OF 

THE SYSTEM OF ACCESS TO RMI 

The  aim  of  the  provisions  in  the  RMI  Regulations  is  to  create  and  protect  fair  market 
conditions  for  all  kinds  of  services  linked  to  the  repair  and  maintenance  of  motor  vehicles. 
This  is  not  limited  to  their  immediate  repair  but  includes  a  wide  range  of  repair  and 
maintenance-related services which go beyond the repair itself (i.e. tool manufacturing, data 
publishing  and  parts  sales  and  distribution).  Competition  for  all  such  services,  often 
performed by independent small and medium-sized enterprises (SMEs), is highly relevant for 
consumers. 

The key factors determining consumer choice and benefits, as the RMI study points out, are 
the costs of repair and maintenance services, the availability and choice of local repairers, and 
the freedom to choose parts and part quality. 

Overall,  these  factors  have  been  improved  as  RMI  Regulations  have  allowed  for  more 
effective competition in the automotive aftermarket. This in turn has led to lower consumer 
costs  for  repair  and  maintenance  and  has  protected  consumer  choice,  allowing  an  owner  to 
take their vehicle to whichever outlet they choose. 

However, issues have been identified which need to be addressed in order to give all players 
equal access to technical information. 

In  general,  consumers  appear  to  have  benefited  from  market  competition  through  lower 
spending on repair and maintenance, while vehicle technology has improved at the same time, 
as highlighted in the RMI study. 

This  section  will  summarise  the  impacts  on  competition  and  on  the  internal  market  for 
repairers, parts distributors and wholesalers, manufacturers of diagnostic and repair tools and 
publishers of technical information. 

3.1.  Repairers 

Most  repairers  are  SMEs  and  the  investment  in  tools  and  training  required  for  repairing 
increasingly  complex  modern  vehicles  is  substantial  (given  rapidly  growing  product  variety 
and  consumer  vehicle  customisation).  It  is  thus  not  economically  viable  for  them  and  too 
complex  (each  OEM  has  its  specific  website  and  IT  system)  to  purchase  vehicle  RMI 
separately  from  each  individual  OEM.  Independent  repairers  therefore  rely  on  access  to 

5 

 
 
vehicle  RMI  mainly  through  other  third-party  providers  (under  the  broader  definition  of 
‘independent operators’), including: 

•  spare parts information via multi-brand catalogues provided by parts wholesalers and 

distributors; 

•  multi-brand diagnostic tools provided by manufacturers of diagnostic and repair tools; 

•  multi-brand repair and maintenance information provided by publishers of technical 

information; and 

• 

third-party training providers. 

All of these actors are the main source of technical information for independent repairers, but 
they  also  provide  services  to  authorised  repairers  because  they  are  increasingly  becoming 
multi-brand. 

SMEs repairers tend to struggle with the costs of the technical information, tools and training 
required  to  service  modern  vehicles  and  with  aggressive  promotional  pricing  strategies  for 
standardised  products.  The  traditional  standalone  repairers  are  expected  to  be  significantly 
affected  and  this  is  reflected  in  the  increasing  number  of  independent  garages  joining 
franchise networks. One of the principal reasons for joining such networks is to obtain access 
to  technical  information  from  vehicle  manufacturers,  as  well  as  access  to  training  and 
marketing. 

3.2.  Parts distributors and wholesalers 

The major issue of concern to parts distributors and wholesalers is access to unequivocal parts 
identification  information.  This  is  a  complex  topic  which  has  been  the  subject  of  litigation 
since 2009 both at national level (through complaints to vehicle companies and TAAs, as well 
as  litigation  before  national  courts)  and  at  EU  level  (through  informal  contacts  with  the 
European  Commission).12  Notwithstanding  the  issues  related  to  how  the  RMI  Regulations 
should  be  interpreted,  parts  wholesalers  report  that  the  lack  of  unequivocal  access  to  parts 
information typically leads to two or three parts being identified as relevant. Where repairers 
are unable to identify a single part, they usually order multiple parts and return those that are 
not needed. 

This leads to increases in overall costs (estimated at 10-15 %) due to additional expenditures 
on  logistics  and  administration,  which  may  ultimately  lead  to  higher  parts  prices  for 
consumers.  Furthermore,  as  vehicle  complexity  increases,  this  issue  is  expected  to  become 
more prevalent. 

The  majority  of  parts  wholesalers  and  distributors  rely  on  data/information  from  other 
independent providers rather than accessing data directly from OEMs. This is due to delays in 
their availability, the price of the information, difficulties in identifying the right contacts and 
the very long timescale involved in reaching agreements. 

12  For details, including complaints before TAAs and litigation, see sections 4.3.2, 4.3.3 and 4.3.4 of the RMI 

study, pages 67 to 69. 

6 

 
 
                                                 
3.3.  Manufacturers of diagnostic and repair tools 

Even  though  they  are  aware  of  their  rights  under  the  RMI  Regulations,  tool  manufacturers 
continue to prefer reverse engineering over directly accessing the technical information they 
require from OEMs. This is despite the drawbacks of reverse engineering — namely, that it 
entails  considerable  time,  effort  and  cost  and  does  not  produce  complete  information.  The 
reasons mentioned by manufacturers for using reverse engineering rather than direct access to 
OEM technical information are mainly: 

• 

the price of access to information; 

•  contractual clauses; 

• 

the format of the information provided; 

•  delays and long timescales. 

This  is  also  likely  to  affect  the  competitiveness  of  the  other  independent  repairers,  because 
multi-brand tool manufacturers are unable to place their products on the market at the same 
time as the OEM-branded tools. 

3.4. Publishers of technical information 

Data  publishers  (also  known  as  independent  republishers)  provide  multi-brand  technical 
information  to  a  range  of  aftermarket  operators.  Their  clients  include  both  independent  and 
authorised  workshops,  parts  suppliers  and  wholesalers.  Independent  republishers  allow  the 
aftermarket  operators  to  circumvent  the  problem  of  dealing  with  different  data  structures 
between OEM websites and obtain the information at a lower price. 

Direct access to OEM data is the only way that data republishers can obtain all of the relevant 
information they need. 

The main challenges that publishers of technical information face are the following: 

• 

the price of access to information; 

•  obtaining republishing licences from OEMs; 

•  contractual clauses imposed by OEMs including restrictions unviable for republishers; 

• 

the format of the information provided to facilitate electronic processing (e.g. the 
format of the data, the visibility of updates and the completeness of information, 
which influence the speed and the costs of data processing). 

Any  problems  related  to  the  transfer  of  information  from  OEMs  to  republishers  in  the  first 
stage  (e.g.  delays  in  obtaining  contracts,  incompleteness/inaccuracy  of  the  data  etc.)  tend  to 
spread through to the end users. 

4.  ENVIRONMENTAL BENEFITS OF THE SYSTEM OF ACCESS TO RMI 

As a starting point, the RMI study identified three potential mechanisms through which access 
to RMI could have a positive impact on the environment: 

7 

 
 
•  avoiding excess emissions from malfunctioning or incorrectly maintained equipment; 

•  allowing  repair  and  maintenance  work  on  vehicles  to  be  carried  out  closer  to  the 

vehicle’s usual location; 

• 

reducing  lifecycle  emissions  due  to  remanufacturing  or  refurbishing  of  parts  and 
components. 

Access to RMI may indeed in some cases be useful to identify certain malfunctions resulting 
in  additional  vehicle  emissions.  This  is  especially  the  case  for  malfunction  codes  that  are 
specific  to  each  OEM.  If  IOs  have  access  to  these  codes,  repairs  may  be  performed  more 
quickly and therefore at lower cost. 

However,  the  RMI  study  underlines  that  the  actual  effects  of  access  to  RMI  on  overall 
emissions are limited as almost all malfunctions related to emission control are signalled by 
the OBD system. 

Furthermore, the study concludes that improvements in environmental quality are difficult to 
quantify due to a paucity of independent data, and the real-world impact will not be evident 
for several years. 

5. 

POSSIBLE AREAS FOR CHANGE AND IMPROVEMENT OF THE RMI REGULATIONS 

In  accordance  with  the  analysis  set  out  in  the  previous  sections,  and  on  the  basis  of  the 
relevant  recommendations  of  the  RMI  study,  several  essential  elements  of  the  RMI 
Regulations could be improved. Even after the introduction of the CEN/ISO standards, there 
appears to be a need to address shortcomings, in particular as regards the following issues. 

5.1.  Review  of  the  reference  to  the  principle  of  ‘unrestricted  and  standardised 
access in a non-discriminatory manner’ in the obligation for manufacturers to 
provide access to vehicle RMI 

Under  Article  6(1)  of  the  Euro  5-6  Regulation,  access  to  vehicle  RMI  is  to  be  provided  by 
manufacturers  to  IOs  ‘through  websites  using  a  standardised  format  in  a  readily  accessible 
and  prompt  manner,  and  in  a  manner  that  is  non-discriminatory  compared  to  the  provision 
given or access granted to authorised dealers and repairers’. This principle of providing access 
to vehicle RMI information ‘on a non-discriminatory basis’ also appears in paragraphs (5) and 
(6) of the same Article. 

The experience acquired through implementation of the RMI Regulations has shown that the 
information needed by IOs is not always of the same nature as that of the authorised dealers. 
Indeed,  certain  IOs  require  information  of  a  different  nature  or  format  compared  to  the 
authorised  dealers,  in  order  to  provide  to  consumers  the  different  services  they  need. 
Therefore, the revision of this principle could be considered, in order to fine tune it or to find 
a more appropriate  benchmark  for the compliance with  manufacturers’ obligations provided 
for in Article 6 of the Euro 5-6 Regulation. 

5.2.  Clarification of which information may be considered to be security-related as 

opposed to safety-related 

Although there is a legitimate need to restrict access to security-related information, without a 
common understanding of the content and boundaries of this notion discrepancies are likely to 
continue. 

8 

 
 
As  explained  in  Section  2,  the  introduction  of  the  SERMI  scheme  should  improve  the 
situation  as  regards  procedures  and  administrative  arrangements.  Nevertheless,  further 
technical discussions between the Commission and the stakeholders involved are necessary to 
draw  up  a  roadmap  for  implementing  the  SERMI  scheme  and  incorporating  it  in  the  RMI 
Regulations. This would involve making the necessary legislative amendments. 

5.3.  Improving the procedure for filing complaints with the TAAs 

Standardising  administrative  provisions  for  complaints  filed  by  IOs  with  the  TAAs  for 
breaches  by  OEMs  of  their  obligations  to  provide  access  to  vehicle  RMI  would  help  to 
address issues that are occasional or not systematic in nature. It should also clarify how TAAs 
should deal with complaints filed in several Member States. 

If necessary, after consultation of TAAs and stakeholders, simple procedural guidance could 
be issued. 

5.4.  Access  to  information  on  data  on  vehicle  parts,  as  identified  by  the  VIN,  and 

through a common structured process 

The  Commission  acknowledges  that  this  is  a  highly  controversial  issue.  As  Section  3.2 
explains, it is currently under litigation due to divergent interpretations, by OEMs and IOs, of 
the requirements set out in subgraphs 2, 3 and 4 of point 2.1. of Annex XIV to Commission 
Regulation (EC) No 692/2008. 

Access  to  information  on  data  on  vehicle  parts,  as  identified  by  the  VIN,  is  considered 
essential  by  IOs  for  their  current  business  model.  It  should  help  them  manage  logistics  and 
inventories and ensure that the right parts are available, delivered on time and with minimal 
returns. In this respect, the main challenge for IOs currently is the need for manual scanning 
of data. 

The  new  set  of  ISO  18541  standards  on  access  to  RMI,  referred  to  in  Section  2,  does  not 
cover  a  common  structured  process  for  exchanging  data  on  vehicle  parts  which  can  be 
replaced  by  spare  parts,  as  identified  by  the  VIN.  A  future  common  structured  process  for 
exchanging  this  data  could  therefore  be  included  in  the  RMI  Regulations  when  they  are 
revised in the future. 

This  common  structured  process  should  reflect  the  interests  and  needs  of  vehicle 
manufacturers and IOs alike, and should also investigate solutions such as open data formats. 
These requirements need not be as detailed as the current CEN/ISO standards (based on use 
cases) for access to vehicle RMI websites. 

5.5.  Introduction  of  derogations  or  alternative  means  of  providing  RMI  for  very 

small volume, niche and special-purpose vehicles 

According to the RMI study, small volume and niche vehicle manufacturers tend to have the 
lowest number of IOs using their websites. For this reason and because of their very low share 
of the automotive market, some of these manufacturers consider the current RMI Regulations 
to  be  disproportionate  to  the  size  of  their  operations.  Furthermore,  implementing  the  new 
CEN/ISO standards on access to vehicle RMI or other processes, such as the SERMI scheme, 
will also require additional investment. 

There  are  no  derogations  from  manufacturers’  obligations  in  Article  6  of  the  Euro  5-6 
Regulation  for  small  volume  or  niche  vehicle  manufacturers.  This  has  been  emphasised  by 

9 

 
 
TAAs  as  a  cause  for  concern.  Derogations  for  such  manufacturers  could  be  considered  in 
future  amendments  to  the  RMI  Regulations  in  alignment  with  the  provisions  on  access  to 
vehicle RMI for other categories of vehicles, such as agricultural and forestry vehicles or two-
or three-wheel vehicles and quadricycles. 

5.6.  Adaptation to technical progress 

In examining the effects on competition of the system of access to vehicle RMI, Section 5.5. 
of the RMI study briefly explores emerging issues, the most relevant of which is telematics. 

The  RMI  study  concludes  that,  in  general,  the  scope  of  vehicle  RMI  is  likely  to  include  at 
least some information transferred wirelessly. But the precise definitions and means for data 
exchange will need to be further clarified and included in the RMI Regulations to ensure fair 
access to information. 

The  increasing  connectivity  of  vehicles  is  currently  changing  the  automotive  industry 
landscape. The data that were previously accessed via a physical connection in the vehicle are 
now increasingly accessible remotely. This will open up the possibility of providing access to 
real-time information, allowing for remote diagnosis support and prognosis, as well as many 
other services (e.g. usage based insurance, assistance services, location-based services, smart 
charging of electric vehicles, car sharing, traffic management, etc.). 

In  addition,  vehicles  will  be  capable  of  connecting  with  the  infrastructure  and  with  other 
vehicles  to  allow  cooperative  and  highly  automated  driving.  This  will  also  increase  their 
technical  complexity  and  will  require  a  harmonised  approach,  which  should  be  reflected  in 
specifications  and  standards  as  envisaged  in  Articles  6  and  8  of  Directive  2010/40/EU  (the 
ITS Directive).13 

These emerging challenges have raised concerns over the potential exclusion of IOs from this 
new business model, and/or the monitoring of their activities by OEMs which are competing 
with  them.  The  role  of  European  legislation  will  be  crucial  to  ensure  that,  as  a  matter  of 
principle,  certain  essential  conditions  are  met,  in  particular  those  identified  by  the  C-ITS 
Platform:14 

•  prior consent of the data subject (driver/owner of the vehicle); 

• 

fair and undistorted competition; 

•  data privacy and data protection; 

• 

tamper-proof access and liability; 

•  data economy. 

13  Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for 
the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other 
modes of transport, OJ L 207, 6.8.2010, p. 1. 

14  See  Chapter  8  of  the  Report  of  the  C-ITS  platform  on  access  to  in-vehicle  data  and  resources: 

http://ec.europa.eu/transport/themes/its/doc/c-its-platform-final-report-january-2016.pdf. 

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These  conditions  should  be  met  while  taking  into  account  OEMs’  need  to  protect  their 
potential  intellectual  property.  This  is  a  primary  concern  for  OEMs,  as  their  proprietary 
information is falls outside the scope of access to vehicle RMI legislation.  
The  recent  adoption  of  the  eCall  type-approval  Regulation15  has  refocused  attention  on  the 
need  to  put  in  place  the  conditions  for  open  and  undistorted  competition  in  the  use  of  in-
vehicle data. In Article 12 of the Regulation the European Parliament and the Council have 
asked the Commission to assess the need of requirements for an interoperable, standardised, 
secure and open-access platform. 

Three technical solutions for accessing the vehicle data have been identified by the C-ITS 
Platform. They will be assessed in the study on access to in-vehicle data and resources 
awarded by the Commission to TRL (Transport Research Laboratory) which is to be finalised 
in the second quarter of 2017. The three solutions are: 

•  an on-board application platform; 

•  an in-vehicle interface; 

•  a data server platform. 

The  technical  and  legal  conclusions  of  the  study  on  access  to  in-vehicle  data  and  resources 
will provide the basis for adapting the RMI Regulations applying to telematics, among other 
things. 

6.  OTHER SUBJECTS OUTSIDE THE SCOPE OF TYPE-APPROVAL LEGISLATION 

The RMI study makes a series of recommendations for improving the operation of the system 
of access to RMI.  The  Commission  considers that these recommendations do not fall under 
the scope of the RMI Regulations. They are related to contractual clauses or guidelines which 
do not fall under the scope of type-approval legislation and are subject to commercial law and 
the agreements reached between the parties, namely: 

• 

the setting of fee levels; 

•  guidelines for contracting between OEMs and specialist intermediaries; 

•  guidance  on  practical  and  mutually  acceptable  contract  negotiation  practices, 

including: 

o  examination of cancellation and territorial clauses; 

o  appropriate fees that can be charged; 

o  appropriate metrics on which to base fees; 

•  best practice for timescales required to negotiate contracts and reach agreements; 

•  contractual clauses to ensure adequate protection and use of data. 

15  Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-
approval  requirements  for  the  deployment  of  the  eCall  in-vehicle  system  based  on  the  112  service  and 
amending Directive 2007/46/EC, OJ L 123, 19.5.2015, p. 77. 

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7.  CONCLUSIONS 

To be competitive and provide adequate service to customers, independent repairers need to 
be  able  to  access  the  technical  information  necessary  to  repair  vehicles.  This  information  is 
increasingly important due to the greater complexity of vehicles, the growing number of parts 
and greater use of on-board electronics. 

The implementation of the RMI Regulations has contributed to the overall improvements in 
access to RMI in recent years. However, certain obstacles persist, depending on the OEM and 
specific  type  of  information  required.  This  weakens  competition  between  authorised  and 
independent repairers and creates an uneven playing field. 

On  the  basis  of  the  changes  and  improvements  suggested  in  Section  5  of  this  report,  and 
subject  to  the  results  of  the  Better  Regulation  procedure,  the  Commission  will  consider  the 
steps needed to improve the operation of the system of access to vehicle RMI. 

In addition, the Commission encourages both OEMs and IOs to continue their discussions in 
order  to  reach  agreement  on  the  subjects  identified  in  the  RMI  study  which  fall  outside  the 
scope of type-approval legislation, as referred to in Section 6 of this report. 

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