The European Commission says it sees no need for free choice of motorcycle workshops, following questions by Danish Member of the European Parliament Pernille Weiss.

When you buy a new car, there is no need to have it maintained at the dealer where you bought it or another official dealer of the brand of the manufacturer to maintain your warranty. This is ensured by EU-legislation, the Motor Vehicle Block Exemption Regulation (EU/461/2010) plus a set of Supplementary Guidelines.

It is different when you buy a motorcycle because motorcycles are not within the scope of the Motor Vehicle Block Exemption Regulation. Danish Member of the European Parliament Pernille Weiss (PPE) thinks this is a strange situation and asked the European Commission on the 5th of May why this distinction is made. Ms Weiss states: “This is also a problem with regard to the EU principle of competition and the concept of monopoly: generally speaking, there are not many authorised motorcycle dealers, meaning that a few motorcycle dealers hold a proven monopoly in a large geographical area.” The Commission’s answer came five weeks later. In short: the European Commission was not aware that anyone had problem with leaving out motorcycles and deemed it not necessary to include them. FEMA thinks that this is a strange way of thinking.

‘It is a good thing that there are still members of the European Parliament, like Ms Weiss, who listen to and care for motorcyclists.’

What matters here is the principle of free choice for the consumer of the workshop where he or she has a motorcycle maintained. The European Commission always says that this issue and free competition are important principles. In fact, this was the reason that the Motor Vehicle Block Exemption Regulation was drafted in the first place.

It looks to us that the Commission does not want to admit that motorcycles are just forgotten and are not important enough to change the regulation. Ms Weiss’s question and the answer from the Commission just point out one again that motorcycles are not in the focus of the Commission, to put it mildly, just as – for example – we have already seen with motorcycle trailers when they were left out of the Type-approval regulations 2018/858 (vehicles and their trailers) and 2013/168 (two- or three-wheel vehicles). It is a good thing that there are still members of the European Parliament, like Ms Weiss, who listen to and care for motorcyclists.

The full questions by Ms Weiss and the answer from the European Commission are below:

Question to the Commission
By Pernille Weiss (PPE)
Submitted: 5.5.2023

Subject: Inclusion of two-wheeled motorcycles under warranty servicing In 2010, the Commission adopted Regulation (EU) No 461/20101, which regulates access for independent operators (e.g. workshops) to service motor vehicles under warranty without the vehicles losing said warranty. Article 1(g) of this Regulation states that ‘“motor vehicle” means a self-propelled vehicle intended for use on public roads and having three or more road wheels’. The definition therefore excludes two-wheeled motorcycles.

As a result, non-authorised workshops are not allowed to service two-wheeled motorcycles under warranty. Consumers must therefore drive hundreds of kilometres to visit authorised motorcycle dealers. This is also a problem with regard to the EU principle of competition and the concept of monopoly: generally speaking, there are not many authorised motorcycle dealers, meaning that a few motorcycle dealers hold a proven monopoly in a large geographical area.

In the light of this:

1. What measures is the Commission taking to safeguard the principle of free competition and prevent a few authorised motorcycle dealers from holding a monopoly?
2. Is the Commission considering revisiting the definition of ‘motor vehicle’ and extending access to servicing under warranty to include two-wheeled motor vehicles?
3. Do Member States have the authority to implement this legislation in such a way that it also applies to two-wheeled motorcycles?

Answer given by Executive Vice-President Vestager
on behalf of the European Commission
(15.6.2023)

The motor vehicle sector is the only one for which the Commission has in place a sector-specific regime on distribution and repair agreements. This regime currently consists of Regulation (EU) 461/20101 and a set of Supplementary Guidelines (SGL)2. Sector-specific treatment is considered justified because issues persist that could be harmful to consumers, in particular, as regards aftermarkets for cars, trucks, light commercial vehicles and buses. These issues include the misuse of warranties, which is dealt with in paragraph 69 of the SGL. For the purposes of this regime, ‘motor vehicle’ means a self-propelled vehicle intended for use on public roads and having three or more road wheels. Agreements for the distribution and repair of all other vehicles, including motorcycles, are covered by the Commission’s general regime for vertical restraints, consisting of Regulation (EU) 2022/7203 and the Guidelines on Vertical Restraints. When reviewing the sector-specific regime prior to the adoption of the amending instruments in April 2023, the Commission received no concrete evidence of issues in the motorcycle sector such as would justify bringing such vehicles within the sector-specific regime. Should the National Competition Authority of a Member State be seized of a complaint relating to the misuse of warranties in respect of motorcycles, nothing would prevent it from referring to paragraph 69 of the SGL by analogy.

Written by Dolf Willigers

Top photograph courtesy of teammoto.com.au

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