Last week the EC reinforced its view that market changes make an automotive sector-specific exemption unnecessary.

It argued that the Vertical Restraints Block Exemption Regulation, which presently covers distribution agreements outside the motor vehicle sector, would represent an equivalent, but more flexible regime, combined with the general competition rules of the Treaty of Rome. But the R2RC believes the independent aftermarket needs sector-specific legislation to stop carmakers bypassing it. “The proposed changes would make it harder to be certain about the law and make it much more difficult and expensive for the independent aftermarket to obtain redress. Its ability to compete - and to provide motorists with freedom of choice - will be severely reduced,” said Jim Mazza, R2RC chairman. The Commission has said the objectives of the Regulation can be met by using other existing or forthcoming legislation. But Mazza told Motor Trader that article 81 of the Treaty of Rome does not address industry specific issues such as access to technical information and training. Additionally, while Euro 5 does cover these areas, it only applies to new cars from 2009 onwards and not older models. “The main concern is access to technical information for repairs to the independent aftermarket,” said Mazza. “The proposals potentially give carmakers and franchised dealers the ability to restrict the information they make available. “There is potentially a huge information gap which will mean the independent aftermarket would be unable to work on a huge chunk of the vehicle car parc.” He said the process of seeking information and going through the legal process would take so long that the complainant would be out of business before any solution was reached. Meanwhile, Brian Spratt, the Automotive Distribution Federation chief executive, has urged garages, bodyshops, parts factors and component manufacturers to mobilise over the next few months so that EU decision makers would take their concerns on board when finalising the future of BER.