The European Commission has extended the duration of the Motor Vehicle Block Exemption Regulation (MVBER) for an additional five years, meaning it will remain in effect until 31 May 2028. Moreover, the Supplementary Guidelines for the automotive sector have been revised to assist companies in evaluating the compliance of their vertical agreements with the competition rules of the European Union. These updated guidelines also guarantee that aftermarket operators, such as garages, will retain the necessary access to vehicle-generated data for repair and maintenance purposes.
The Commission's decision to extend the regulation allows for timely responses to potential market changes resulting from vehicle digitalization, electrification, and new mobility patterns.
The revised Supplementary Guidelines include the following:
· Emphasize that data produced by vehicle sensors can be crucial for providing repair and maintenance services. In accordance with Article 101 of the Treaty on the Functioning of the European Union (TFEU), authorized and independent repairers should have equal access to this data. The existing principles for sharing technical information, tools, and training necessary for repair and maintenance services now explicitly cover vehicle-generated data.
· Specify that vehicle suppliers should apply the principle of proportionality when deciding whether to withhold inputs, including vehicle-generated data, due to potential cybersecurity concerns.
· Highlight that Article 102 TFEU may apply if a supplier unilaterally denies independent operators access to an essential input, such as vehicle-generated data.
(European Commission - 17.05.2023)
NAZALI TAX & LEGAL