ETRA Welcomes & Regrets

ETRA the European Twowheel Retailers’ Association reports on the Internal Market and Consumer Protection (IMCO) Committee of the European Parliament vote on the  draft report on the review of the type-approval and market surveillance of two- and three wheelers and quadricycles on the 5th December.

ETRA welcomes the IMCO Report that has taken into account some of their concerns but regrets that some delicate issues remain open.

ETRA will continue working closely with the Council, the European Parliament and the Commission hoping that they will take its concerns into account.

Internal Market Committee of the European Parliament adopts Type Approval Legislation: first application postponed but stricter requirements

On the 5th December, the Internal Market and Consumer Protection (IMCO) Committee of the European Parliament voted on Mr. Van de Camp draft report on the review of the type-approval and market surveillance of two- and three wheelers and quadricycles.

ETRA welcomes the IMCO Report that has taken into account some of our concerns but regrets that some delicate issues remain open. ETRA hopes that both the European Parliament when voting the report in Plenary and the Council will make further improvements.

The report was adopted by an overwhelming majority of MEPs who voted more than 300 amendments some of which were compromise amendments presented by Mr. van de Camp and agreed with the other shadow rapporteurs.

The report postpones the application date of the Type Approval Regulation by one year, i.e. from January 2013 to January 2014. ETRA welcomes this amendment, being convinced that the sector, which has hardly come out of one of its most serious crisis ever witnessed, needs sufficient lead time to adapt to the new provisions.

However ETRA believes that the calendar of application of the different measures contained in the regulation as voted inthe IMCO Committee needs further rationalisation The report widens the scope of the regulation so as to include enduro and trial motorbikes as long as they are not intended exclusively for off-road use or competition along with All Terrain Vehicles which were also excluded in the initial Commission’s Proposal.

The IMCO Committee voted to delete one emission reduction step for all categories of vehicles except mopeds, however tightening the emission reduction process and making ABS mandatory on all motorcycles as from 2016. ETRA opposes such a measure which will add considerable costs to the production stage hence making light motorcycles and scooters of the 125cc class (L3-A1) more expensive for the consumers.

This measure will adversely impact sales of the category which represents the biggest share in motorcycle sales in the EU and provides urban mobility responding to citizens needs as recognised by the IMCO report itself.

With regard to anti-tampering measures, the Committee adopted a compromise which empowers the Commission to lay down in delegated acts all the measures for manufacturers which aim at preventing any modifications performed by the user or the garage that may have adverse effects on safety or the environment.

Additionally, the Committee added a new article 18a which provides that any substantial modification must be approved “by the competent authorities”. “A modification is deemed to be substantial when it renders the original type approval obsolete” or when it harms safety or the environment.

If the current text of article 18 is adopted by the European Parliament and the Council, all usual changes asked by motorcyclists to their garages for either riding comfort, fuel efficiency, or to suit their style and taste, will be illegal or will have to be checked and approved, thus making motorcycling more expensive and servicing more burdensome.

Furthermore the Committee has voted in favour of access to repair and maintenance information and we believe that the measure will ensure a level playing field in the service sector.

However ETRA has some concerns about the provision giving this unrestricted access also to private individuals. Nevertheless we will continue working to make sure that the access to all the information needed is granted including o the information related to safety and security issues, like anti-theft devices.

ETRA deeply regrets that the report has left unanswered some of our main concerns such as the provisions on End of Series and on Systems, components and separate technical units.

Once again ETRA wants to stress that, although the report increases the number of end of series allowed to 50 vehicles per Member States, we firmly believe that the limit should be raised to 100 as contained in Directive 2002/24/EC. The limit must take into account the economic reality and the needs of PTW distribution. For dealers, end of series provisions are of immediate importance as it allows them to sell out units still on their showroom floor, often purchased (early) in the previous year.

As regards article 52 on System components and separate technical units, the report has left the current text practically unchanged. Once again we want to express our concerns on the negative effects it can have on the sales and service sector, such as preventing the sale of all systems, components or separate technical units which have dual use, i.e. which are used for both sport activities (not taking place on public roads) and for road use.

We were reassured by the Commission that the text will be modified at Council level so as to allow sales of the above mentioned spare parts. ETRA will closely monitor the situation to make sure that this change will be introduced in the text.

It is also important to note that the IMCO Committee has just launched an impact assessment, which will focus on timelines, emission limits, ABS and anti-tampering measures whose outcome is expected to influence Parliament’s final vote.

ETRA plans to contribute and we are already in contact with the consultant in charge of carrying out the impact assessment.

The final vote of the European Parliament is expected to be held in March 2012.

ETRA will continue working closely with the Council, the European Parliament and the Commission hoping that they will take its concerns into account.

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