WRITTEN QUESTION No. 1455/97 by Per STENMARCK to the Commission. Cars and free competition
C 45/36 EN Official Journal of the European Communities 10. 2. 98 (98/C 45/43) WRITTEN QUESTION E-1454/97 by Per Stenmarck (PPE) to the Commission (28 April 1997) Subject: Cars and new emission control technology A new method of controlling exhaust emissions from new cars is likely to be introduced with effect from 1 January 2000, based on a new technology known as on-board diagnostics (OBD). OBD has already been introduced in the USA, where it is compulsory for new cars and where free access to data and standardized connections has also been introduced. The Commissionís proposal for a directive on this subject does not contain any similar provisions concerning free access to standardized equipment. Will the Commission take steps to safeguard consumer choice in relation to maintenance and repairs? Answer given by Mr Bangemann on behalf of the Commission (12 June 1997) The Commission fully recognises that access should be given to enable the qualified personnel of franchised dealers, non-franchised garages and roadside organisations to diagnose faults and repair vehicles that are equipped with on-board diagnostic (OBD) systems. OBD systems can thus ensure that faulty vehicles are repaired as effectively as possible and pollutant emissions are kept under control. The Commission’s proposals for OBD therefore refer to international standard protocols for OBD systems, fault codes, the scan tools used to interrogate OBD systems and the tool-vehicle connector so that vehicles are equipped with OBD systems built to those standards enabling anyone with the standard tool to access OBD systems for the purpose of fault diagnosis. Such standardisation will avoid restrictions on the vehicle ownerís freedom of choice of where to have his vehicle repaired. While OBD will indicate that a component is faulty, a repairer will still need information (e. g. service manuals) to show where that component is installed on the vehicle and what steps to take to repair or replace it. The conditions of the block exemption Regulation (EC) No 1475/95 on selective distribution (1) require vehicle manufacturers to make available the information necessary to repair vehicles to parties outside their normal distribution network. While the block exemption is due to end in 2002, the Commission is actively considering the need for any additional legislation that may be necessary to ensure that such OBD repair information is commercially available in the market place to the appropriate interested parties, thereby preserving the competitive nature of the vehicle repair business in line with the internal market and safeguarding consumer choice for repair. (1) OJ L 145, 29. 6. 1995. (98/C 45/44) WRITTEN QUESTION E-1455/97 by Per Stenmarck (PPE) to the Commission (28 April 1997) Subject: Cars and free competition Proposals for introducing 25-year design rights in respect of spare parts for cars are currently being discussed. They could have serious consequences for competition and result in increased costs for individual car owners. Findings of studies in this area show that, as has happened in other areas, an absence of competition will result directly in increased prices