Activites

• 2014/05/21 Proposal withdrawn by Commission
  • DG {'url': 'http://ec.europa.eu/dgs/internal_market/', 'title': 'Internal Market and Services'}, BARNIER Michel
• 2007/12/12 Results of vote in Parliament
  • Results of vote in Parliament
  • T6-0609/2007 summary

    The European Parliament adopted a legislative resolution based on the report drafted by Klaus-Heiner LEHNE (EPP-ED, DE), and made some amendments, in the first reading of the co-decision procedure, to the proposal for a directive amending Directive 98/71/EC on the legal protection of designs.  It should be recalled that the proposed directive relates to design protection of spare parts intended to restore the appearance of complex products. It seeks to achieve the complete liberalisation of the secondary market in spare parts. The main amendments are as follows: transition period: Member States under whose existing legislation protection as a design exists for a design which constitutes a component part of a complex product used within the meaning of Article 12(1) of Directive 98/71/EC for the purpose of the repair of that complex product so as to restore its original appearance, may retain that design protection for five years after the entry into force of the Directive. This measure stems from an agreement reached between the political groups to facilitate the transition to a new system;consumer information: consumers must be duly informed about the origin of the product used for the repair by the use of a marking, such as a trade mark or a trade name, or in another appropriate form so that they can make an informed choice between competing products offered for use in effecting the repair. Moreover, Article 14(1) of Directive 98/71/EC shall not apply where the primary purpose of putting the component part on the market is other than the repair of the complex product.Article 14(1) shall apply only in respect of visible component parts in the after market once the complex product is marketed in the primary market by the holder of the design right therein or with his consent.Parliament also introduced a new recital stating that Directive 2007/46/EC establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, includes provisions for the testing of spare parts manufactured by independent producers to ensure that they meet safety and environmental criteria and the new procedures which it prescribes will provide enhanced consumer safeguards in a fully deregulated market.

• 2007/12/11 Debate in Parliament
  • Debate in Parliament
• #2832
• 2007/11/22 Council Meeting
  • 2832
• 2007/11/22 Committee report tabled for plenary, 1st reading/single reading
  • A6-0453/2007
• 2007/11/20 Vote in committee, 1st reading/single reading
• 2005/05/12 Referral to associated committees announced in Parliament
• 2004/12/14 Committee referral announced in Parliament, 1st reading/single reading
• 2004/09/14 Legislative proposal published
  • COM(2004)0582 summary

    PURPOSE : amending EU Directive on the legal protection of designs in order to create an internal market for spare parts.PROPOSED ACT : Directive of the European Parliament and of the Council.CONTENT : the European Commission is presenting this proposal in a bid to harmonise and complete the internal market for spare parts by adopting the liberalisation route for opening up the market. At the same time it seeks to retain an element of incentive to invest in design since the proposed amendment will not affect design protection for new parts incorporated at the manufacturing stage of a complex product.Currently, the internal market offers consumers a single market for new cars but no single market for their spare parts. For example, automotive spare parts cannot be freely produced and traded within the Community. This is to the detriment of the consumer and those SMEs seeking a foothold in the spare parts market. Studies indicate that in countries relying on design protection for spare parts, prices are between 6.4% and 10.3% higher. In addition, under the current situation, whereby a mixed protection regime is in place, trade distortions are created.When EU Directive 98/71/EC on the legal protection of design was adopted there was no agreement on how to liberalise the after market for spare parts. As a result, article 14 of the Directive stipulated that Member States shall maintain their existing laws and may change those provisions only in a way that liberalises the spare parts market. It is this article, which the current proposal is seeking to amend. The amendment introduces provisions for the full liberalisation of the market for spare parts. The repairs clause does not limit the right of design holders but it does prevent the existence of monopolies on the spare parts market. The design right on the appearance of a primary product will not be extended to the product in the secondary market. In addition, paragraph 2 of the amended Article provides for Member States to ensure that consumers are duly informed as to the origin of spare parts allowing them to make an informed choice between competing parts.The European Commission suggests that the proposal, if adopted, will be beneficial to consumers, it will help create of climate of competitiveness amongst the business sector – particularly independent spare parts producers, it will help employment and it will help promote health and safety issues relating to spare parts.

  • DG {'url': 'http://ec.europa.eu/dgs/internal_market/', 'title': 'Internal Market and Services'}, BARNIER Michel

Documents

• Legislative proposal published: COM(2004)0582
• Debate in Council: 2832
• Committee report tabled for plenary, 1st reading/single reading: A6-0453/2007
• Debate in Parliament: Debate in Parliament
• Results of vote in Parliament: Results of vote in Parliament
• Decision by Parliament, 1st reading/single reading: T6-0609/2007

History

(these mark the time of scraping, not the official date of the change)