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The EU and competition: the Ber extension...
Massimo Brunamonti
The Motor Vehicle Block Exemption Regulation 461/2010 will be extended for another five years, until May 2028
In the end, the European Commission made the wisest decision: the Motor Vehicle Block Exemption Regulation 461/2010 (known as MV-BER) will be extended for another five years, until May 2028. The reason is very specific: simply put, the evaluation carried out between 2018 and 2021 concluded that the rules are still current; only the additional guidelines will be updated in line with technological developments through consultation to be held in the second half of 2022 to come out with the new text in the second quarter of 2023.
In all fairness, the ongoing changes in the industry, especially related to electrification, makes it hard to predict today what the market of the future will look like. One example stands out: the soaring demand for electric cars is expected to cause many new manufacturers and models to enter the market with a consequent proliferation of services and parts. As a result, the protections provided today by the Ber in both sales and after-sales could prove to be crucial even in future scenarios; the additional five years will allow to take note of any new situations and make the necessary changes if needed. The aftermarket welcomed the news with general satisfaction: this way, motorists can continue going to their trusted workshops and continue to choose original or equivalent spare parts and equipment as well as independent or authorised services. But satisfaction here meets with the persistent observation that the MV-BER, along with other laws, lends itself to interpretations that too often make them ineffective.
This is the case, for example, with repair and maintenance data, which are often excessively expensive, as well as limitations on access to on-board vehicle data and the ODB port: according to Afcar, the Alliance for the Freedom of car repairs in Europe, both are violations of the law and require specific legislative actions. In the meantime, however, we welcome the good news of the extension of the MV-BER, in the hope that this proves the Commission's attention to the real problems of the sector.
In all fairness, the ongoing changes in the industry, especially related to electrification, makes it hard to predict today what the market of the future will look like. One example stands out: the soaring demand for electric cars is expected to cause many new manufacturers and models to enter the market with a consequent proliferation of services and parts. As a result, the protections provided today by the Ber in both sales and after-sales could prove to be crucial even in future scenarios; the additional five years will allow to take note of any new situations and make the necessary changes if needed. The aftermarket welcomed the news with general satisfaction: this way, motorists can continue going to their trusted workshops and continue to choose original or equivalent spare parts and equipment as well as independent or authorised services. But satisfaction here meets with the persistent observation that the MV-BER, along with other laws, lends itself to interpretations that too often make them ineffective.
This is the case, for example, with repair and maintenance data, which are often excessively expensive, as well as limitations on access to on-board vehicle data and the ODB port: according to Afcar, the Alliance for the Freedom of car repairs in Europe, both are violations of the law and require specific legislative actions. In the meantime, however, we welcome the good news of the extension of the MV-BER, in the hope that this proves the Commission's attention to the real problems of the sector.
