Annexes to COM(2016)782 - Operation of the system of access to vehicle repair and maintenance information for light passenger and commercial vehicles - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2016)782 - Operation of the system of access to vehicle repair and maintenance information for light passenger and commercial vehicles. |
|---|---|
| document | COM(2016)782  |
| date | December 9, 2016 |
3.3.Manufacturers of diagnostic and repair tools
Even though they are aware of their rights under the RMI Regulations, tool manufacturers continue to prefer reverse engineering over directly accessing the technical information they require from OEMs. This is despite the drawbacks of reverse engineering — namely, that it entails considerable time, effort and cost and does not produce complete information. The reasons mentioned by manufacturers for using reverse engineering rather than direct access to OEM technical information are mainly:
• the price of access to information;
• contractual clauses;
• the format of the information provided;
• delays and long timescales.
This is also likely to affect the competitiveness of the other independent repairers, because multi-brand tool manufacturers are unable to place their products on the market at the same time as the OEM-branded tools.
3.4.Publishers of technical information
Data publishers (also known as independent republishers) provide multi-brand technical information to a range of aftermarket operators. Their clients include both independent and authorised workshops, parts suppliers and wholesalers. Independent republishers allow the aftermarket operators to circumvent the problem of dealing with different data structures between OEM websites and obtain the information at a lower price.
Direct access to OEM data is the only way that data republishers can obtain all of the relevant information they need.
The main challenges that publishers of technical information face are the following:
• the price of access to information;
• obtaining republishing licences from OEMs;
• contractual clauses imposed by OEMs including restrictions unviable for republishers;
• the format of the information provided to facilitate electronic processing (e.g. the format of the data, the visibility of updates and the completeness of information, which influence the speed and the costs of data processing).
Any problems related to the transfer of information from OEMs to republishers in the first stage (e.g. delays in obtaining contracts, incompleteness/inaccuracy of the data etc.) tend to spread through to the end users.
4. Environmental benefits of the system of access to RMI
As a starting point, the RMI study identified three potential mechanisms through which access to RMI could have a positive impact on the environment:
• avoiding excess emissions from malfunctioning or incorrectly maintained equipment;
• allowing repair and maintenance work on vehicles to be carried out closer to the vehicle’s usual location;
• reducing lifecycle emissions due to remanufacturing or refurbishing of parts and components.
Access to RMI may indeed in some cases be useful to identify certain malfunctions resulting in additional vehicle emissions. This is especially the case for malfunction codes that are specific to each OEM. If IOs have access to these codes, repairs may be performed more quickly and therefore at lower cost.
However, the RMI study underlines that the actual effects of access to RMI on overall emissions are limited as almost all malfunctions related to emission control are signalled by the OBD system.
Furthermore, the study concludes that improvements in environmental quality are difficult to quantify due to a paucity of independent data, and the real-world impact will not be evident for several years.
5. possible areas for change and improvement of the RMI Regulations
In accordance with the analysis set out in the previous sections, and on the basis of the relevant recommendations of the RMI study, several essential elements of the RMI Regulations could be improved. Even after the introduction of the CEN/ISO standards, there appears to be a need to address shortcomings, in particular as regards the following issues.
5.1.Review of the reference to the principle of ‘unrestricted and standardised access in a non-discriminatory manner’ in the obligation for manufacturers to provide access to vehicle RMI
Under Article 6(1) of the Euro 5-6 Regulation, access to vehicle RMI is to be provided by manufacturers to IOs ‘through websites using a standardised format in a readily accessible and prompt manner, and in a manner that is non-discriminatory compared to the provision given or access granted to authorised dealers and repairers’. This principle of providing access to vehicle RMI information ‘on a non-discriminatory basis’ also appears in paragraphs (5) and (6) of the same Article.
The experience acquired through implementation of the RMI Regulations has shown that the information needed by IOs is not always of the same nature as that of the authorised dealers. Indeed, certain IOs require information of a different nature or format compared to the authorised dealers, in order to provide to consumers the different services they need. Therefore, the revision of this principle could be considered, in order to fine tune it or to find a more appropriate benchmark for the compliance with manufacturers’ obligations provided for in Article 6 of the Euro 5-6 Regulation.
5.2.Clarification of which information may be considered to be security-related as opposed to safety-related
Although there is a legitimate need to restrict access to security-related information, without a common understanding of the content and boundaries of this notion discrepancies are likely to continue.
As explained in Section 2, the introduction of the SERMI scheme should improve the situation as regards procedures and administrative arrangements. Nevertheless, further technical discussions between the Commission and the stakeholders involved are necessary to draw up a roadmap for implementing the SERMI scheme and incorporating it in the RMI Regulations. This would involve making the necessary legislative amendments.
5.3.Improving the procedure for filing complaints with the TAAs
Standardising administrative provisions for complaints filed by IOs with the TAAs for breaches by OEMs of their obligations to provide access to vehicle RMI would help to address issues that are occasional or not systematic in nature. It should also clarify how TAAs should deal with complaints filed in several Member States.
If necessary, after consultation of TAAs and stakeholders, simple procedural guidance could be issued.
5.4.Access to information on data on vehicle parts, as identified by the VIN, and through a common structured process
The Commission acknowledges that this is a highly controversial issue. As Section 3.2 explains, it is currently under litigation due to divergent interpretations, by OEMs and IOs, of the requirements set out in subgraphs 2, 3 and 4 of point 2.1. of Annex XIV to Commission Regulation (EC) No 692/2008.
Access to information on data on vehicle parts, as identified by the VIN, is considered essential by IOs for their current business model. It should help them manage logistics and inventories and ensure that the right parts are available, delivered on time and with minimal returns. In this respect, the main challenge for IOs currently is the need for manual scanning of data.
The new set of ISO 18541 standards on access to RMI, referred to in Section 2, does not cover a common structured process for exchanging data on vehicle parts which can be replaced by spare parts, as identified by the VIN. A future common structured process for exchanging this data could therefore be included in the RMI Regulations when they are revised in the future.
This common structured process should reflect the interests and needs of vehicle manufacturers and IOs alike, and should also investigate solutions such as open data formats. These requirements need not be as detailed as the current CEN/ISO standards (based on use cases) for access to vehicle RMI websites.
5.5.Introduction of derogations or alternative means of providing RMI for very small volume, niche and special-purpose vehicles
According to the RMI study, small volume and niche vehicle manufacturers tend to have the lowest number of IOs using their websites. For this reason and because of their very low share of the automotive market, some of these manufacturers consider the current RMI Regulations to be disproportionate to the size of their operations. Furthermore, implementing the new CEN/ISO standards on access to vehicle RMI or other processes, such as the SERMI scheme, will also require additional investment.
There are no derogations from manufacturers’ obligations in Article 6 of the Euro 56 Regulation for small volume or niche vehicle manufacturers. This has been emphasised by TAAs as a cause for concern. Derogations for such manufacturers could be considered in future amendments to the RMI Regulations in alignment with the provisions on access to vehicle RMI for other categories of vehicles, such as agricultural and forestry vehicles or two-or three-wheel vehicles and quadricycles.
5.6.Adaptation to technical progress
In examining the effects on competition of the system of access to vehicle RMI, Section 5.5. of the RMI study briefly explores emerging issues, the most relevant of which is telematics.
The RMI study concludes that, in general, the scope of vehicle RMI is likely to include at least some information transferred wirelessly. But the precise definitions and means for data exchange will need to be further clarified and included in the RMI Regulations to ensure fair access to information.
The increasing connectivity of vehicles is currently changing the automotive industry landscape. The data that were previously accessed via a physical connection in the vehicle are now increasingly accessible remotely. This will open up the possibility of providing access to real-time information, allowing for remote diagnosis support and prognosis, as well as many other services (e.g. usage based insurance, assistance services, location-based services, smart charging of electric vehicles, car sharing, traffic management, etc.).
In addition, vehicles will be capable of connecting with the infrastructure and with other vehicles to allow cooperative and highly automated driving. This will also increase their technical complexity and will require a harmonised approach, which should be reflected in specifications and standards as envisaged in Articles 6 and 8 of Directive 2010/40/EU (the ITS Directive). 13
These emerging challenges have raised concerns over the potential exclusion of IOs from this new business model, and/or the monitoring of their activities by OEMs which are competing with them. The role of European legislation will be crucial to ensure that, as a matter of principle, certain essential conditions are met, in particular those identified by the C-ITS Platform: 14
• prior consent of the data subject (driver/owner of the vehicle);
• fair and undistorted competition;
• data privacy and data protection;
• tamper-proof access and liability;
• data economy.
These conditions should be met while taking into account OEMs’ need to protect their potential intellectual property. This is a primary concern for OEMs, as their proprietary information is falls outside the scope of access to vehicle RMI legislation.
The recent adoption of the eCall type-approval Regulation 15 has refocused attention on the need to put in place the conditions for open and undistorted competition in the use of in-vehicle data. In Article 12 of the Regulation the European Parliament and the Council have asked the Commission to assess the need of requirements for an interoperable, standardised, secure and open-access platform.
Three technical solutions for accessing the vehicle data have been identified by the C-ITS Platform. They will be assessed in the study on access to in-vehicle data and resources awarded by the Commission to TRL (Transport Research Laboratory) which is to be finalised in the second quarter of 2017. The three solutions are:
• an on-board application platform;
• an in-vehicle interface;
• a data server platform.
The technical and legal conclusions of the study on access to in-vehicle data and resources will provide the basis for adapting the RMI Regulations applying to telematics, among other things.
6. Other subjects outside the scope of type-approval legislation
The RMI study makes a series of recommendations for improving the operation of the system of access to RMI. The Commission considers that these recommendations do not fall under the scope of the RMI Regulations. They are related to contractual clauses or guidelines which do not fall under the scope of type-approval legislation and are subject to commercial law and the agreements reached between the parties, namely:
• the setting of fee levels;
• guidelines for contracting between OEMs and specialist intermediaries;
• guidance on practical and mutually acceptable contract negotiation practices, including:
oexamination of cancellation and territorial clauses;
oappropriate fees that can be charged;
oappropriate metrics on which to base fees;
• best practice for timescales required to negotiate contracts and reach agreements;
• contractual clauses to ensure adequate protection and use of data.
7. Conclusions
To be competitive and provide adequate service to customers, independent repairers need to be able to access the technical information necessary to repair vehicles. This information is increasingly important due to the greater complexity of vehicles, the growing number of parts and greater use of on-board electronics.
The implementation of the RMI Regulations has contributed to the overall improvements in access to RMI in recent years. However, certain obstacles persist, depending on the OEM and specific type of information required. This weakens competition between authorised and independent repairers and creates an uneven playing field.
On the basis of the changes and improvements suggested in Section 5 of this report, and subject to the results of the Better Regulation procedure, the Commission will consider the steps needed to improve the operation of the system of access to vehicle RMI.
In addition, the Commission encourages both OEMs and IOs to continue their discussions in order to reach agreement on the subjects identified in the RMI study which fall outside the scope of type-approval legislation, as referred to in Section 6 of this report.
(1) Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, OJ L 171, 29.6.2007, p. 1.
(2) ‘Vehicle repair and maintenance information’ means all information required for diagnosis, servicing, inspection, periodic monitoring, repair, re-programming or re-initialising of the vehicle and which the manufacturers provide for their authorised dealers and repairers, including all subsequent amendments and supplements to such information. This information includes all information required for fitting parts or equipment on vehicles.
(3) Regulation (EC) No 715/2007 became applicable in September 2009. The new Euro 5 vehicles placed on the market after that date have a warranty period of at least 2 years and it took another 4 years before they were old enough to be taken to IOs for service or repair. In 2011, most Euro 5 vehicles were still under warranty and thus mainly serviced by authorised repairers. This situation has changed dramatically over the last few years as more Euro 5 vehicles have come out of warranty and/or have been sold to second users.
(4) RMI study .
(5) Independent operators are undertakings other than authorised dealers and repairers which are directly or indirectly involved in the repair and maintenance of motor vehicles. This includes in particular repairers; manufacturers or distributors of repair equipment, tools or spare parts; publishers of technical information; automobile clubs; roadside assistance operators; operators of inspection and testing services; and providers of training for installers, manufacturers and repairers of equipment for alternative fuel vehicles.
(6) Vehicle manufacturers are often referred to as original equipment manufacturers (OEMs).
(7) Regulation (EC) No 715/2007 and Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, OJ L 199, 28.7.2008, p. 1.
(8) Proposal for a Regulation of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles of 27.1.2016, COM(2016) 31 final, 2016/0014 (COD), which is currently being examined by the European Parliament and by the Council.
(9) Parts 1 to 4 of ISO 18541 on Road vehicles -- Standardised access to automotive repair and maintenance information (RMI) -- Part 1: General information and use case definition (18/09/2014); Part 2: Technical requirements (18/09/2014); Part 3: Functional user interface requirements (18/09/2014); and Part 4: Conformance test (01/11/2015).
(10) The SERMI scheme defines security-related RMI as the information, software, functions and services required to repair and maintain the features included in a vehicle by the manufacturer to prevent the vehicle from being stolen or driven away and to enable the vehicle to be tracked and recovered.
(11) The SERMI scheme, provided for in Article 13(9) of Regulation (EC) No 692/2008, aims to create a European-wide process for accreditation, approval and authorisation to access security-related RMI, which should streamline the current patchwork of OEM systems.
(12) For details, including complaints before TAAs and litigation, see sections 4.3.2, 4.3.3 and 4.3.4 of the RMI study, pages 67 to 69.
(13) Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport, OJ L 207, 6.8.2010, p. 1.
(14) See Chapter 8 of the Report of the C-ITS platform on access to in-vehicle data and resources: http://ec.europa.eu/transport/themes/its/doc/c-its-platform-final-report-january-2016.pdf.
(15) Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC, OJ L 123, 19.5.2015, p. 77.