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

Article 9 of Regulation (EC) No 715/2007 (the Euro 5/6 Regulation) on access to vehicle repair and maintenance information ('RMI') requires the Commission to 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 should 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). 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. The RMI study, published in November 2014, provides a comprehensive and detailed analysis, followed by recommendations, covering six areas essential for understanding the operation of the system.

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 independent operators (IOs) broadens consumer choice and ensures competition for vehicle manufacturer networks in the aftermarket sector.

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, original equipment manufacturers (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.

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

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