Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-12-11-Speech-2-410"
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"en.20071211.42.2-410"2
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"Madam President, firstly I would like to warmly thank the Committee on Legal Affairs and the rapporteur, Mr Lehne, for the hard and excellent work he has carried out in the preparation of his report on the proposal to amend the Design Directive. I welcome the fact that this work has eventually allowed the committee to pave the way for liberalising the spare parts aftermarket in the whole Community.
Currently, there is a situation of different, opposed regimes of design protection, where 10 Member States have liberalised and 17 Member States extend design protection to spare parts. This situation is entirely unsatisfactory for the internal market. In the automotive sector, which is the sector most affected, there is a single market for cars but no single market for their spare parts. This leads to distortion of prices and obstacles to trade.
The proposed exclusion of design protection in the aftermarket for spare parts is the right and only effective way to achieve a single market in this area. The Commission’s Extended Impact Assessment analysing the options to solve the problem demonstrates this.
The Commission’s figures suggest that, currently, consumers are paying a 6% to 10% premium for these spare parts in Member States which provide for design protection. With the liberalisation, consumers will benefit directly from the increased competition and the completion of the internal market.
The independent distribution sector will be in a position to put a larger spectrum of parts on offer, including parts from original equipment suppliers, as well as the normally cheaper parts from independent producers. This will lead to more choice and lower prices for spare parts.
Liberalisation will also open business opportunities to independent spare parts producers, mostly SMEs, and create a European market of sufficient scale allowing new entrants to emerge. The essential purpose of design protection is to foster competition of forms through design innovation. This can, however, not apply to spare parts which have to be identical in design to the original parts if they are to serve a purpose. The consumer pays for the design when buying a new car or other product; he should not be forced to pay again each time he needs a spare part.
The proposed repairs clause strikes a fair and correct balance between protecting innovation where appropriate and maintaining free trade and competition where necessary.
European citizens and businesses today need a single market for spare parts which allows for more competition. With this directive we can provide the market with the right key to achieve this."@en1
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