letter to francoise le bail (eu sme envoy) about american car imports into europe

8/14/2019 Letter to Francoise Le Bail (EU SME ENVOY) about American car imports into Europe

1/3

9th January 2010Mme Franoise Le BailSME Envoy and Deputy Director-GeneralEnterprise and Industry DGRue de la Loi 200B 1049 Brussels

Belgium FROM THE AMERICAN IMPORT AGENTS ASSOCIATION57-63 Coburg Road, Wood Green, London N22 6UB, United Kingdom

Re- Draft Proposal for Harmonised Individual Vehicle Approval

The Small Business Act for Europe is the commissions ambitious plan to address the needs of Europes small

and medium-sized businesses. It takes into account the diversity of Europes entrepreneurial spirit and includes

guidance on how to develop SME policy at EU and national level.

Franoise Le Bails comments before European SME Week in May 2009

Dear Mme. Le Bail,

On behalf of the American Import Agents Association (AIAA), whose member businesses areinvolved in the importation of new American vehicles into the UK, we are writing to ask for yoururgent support to prevent the adoption of a new draft Harmonised Individual Vehicle Approval(IVA) proposal that will undermine consumer choice and decimate a longstanding industry of

over 1000 micro-SMEs across the 27 Member States of Europe. These are typically familybusinesses employing 2-6 people.

More than 95% of these tiny independent businesses are generally unrepresented by any tradebody. As there has been no SME Consultation, and no Regulatory Impact Assessment, theCommission has ignored its legal obligations. These businesses are completely unaware thatthey may be destroyed by this discriminatory and protectionist legislation. To make matterseven worse, this is all happening at a time when Europe is in recession and unemployment isrising. How can you permit the Automotive Unit in the Commission to act in this way?

By failing to apply the principles of Better Regulation, the Automotive Unit has been unduly

influenced by the voice of big business, as illustrated here by a press release from the FIA andhas ignored many key legal obligations and policy guidelines outlined in the Small Business Actof Europe.

Aside from the procedural failings of the Automotive Unit, these regulations are completelyunnecessary and disproportionate for the technical approval of individual vehicles imported inlow volume by SMEs and private individuals. Indeed, the Automotive Unit has already stated inthe Minutes of the last TCMV meeting that the UK felt that on the grounds of subsidiarity thisproposal is not necessary and the problems which exist should be solved at the national level.

1
http://www.scribd.com/doc/24592411/Draft-Harmonised-Individual-Vehicle-Approvalhttp://www.fiabrussels.org/en/news/archive/sub-standard_cars_loophole_in_eu_legislation_still_wide_open.htmhttp://www.scribd.com/doc/24592411/Draft-Harmonised-Individual-Vehicle-Approvalhttp://www.fiabrussels.org/en/news/archive/sub-standard_cars_loophole_in_eu_legislation_still_wide_open.htm


2/3

Under Article 24 of the new Framework Directive 2007/46/EC that came into effect on April 29 th

2009, Member States are already obliged to provide administrative provisions and technicalrequirements which aim to ensure a level of road safety and environmental protection, which isequivalent to the greatest extent practicable to the level provided for by the provisions ofthe European Type Approval standards. For micro-businesses to function, and when there have

been no safety and environmental problems with American vehicles, compliance with atechnical benchmark of approval to the greatest extent practicable is by definition, the limitof reasonableness and proportionality. Just one technical standard that is either too expensiveor physically impossible to comply with, will ban a vehicle. Please be aware, these regulationsare only being applied to new vehicles that have been registered abroad for less than 6 months,illustrating the anti-competitive and discriminatory nature of this proposal. If the principle ofsubsidiarity applies to vehicles over 6 months old, why should it not apply to new vehicles?

As the new Framework Directive 2007/46/EC took nearly three years to become law, there wasextensive consultation with SMEs and Regulatory Impact Assessments were carried out.Attached is the UK Regulatory Impact Assessment. Indeed, the British Government

demonstrated how they had listened to the voice of micro-businesses by publicising thisachievement on page 36 of a document entitled Summary of Simplification Plans 2009,introduced by a statement from the Prime Minister. Why is the Automotive Unit ignoring this?

We understand and respect that the Motor Industry in Europe is driven by the largestbusinesses and organisations and that as a result, automotive standards for vehiclemanufacturers are regulated by the Commission. However, we are sure that under your workportfolio as the Envoy of SMEs, the Automotive Unit cannot be permitted to be unaccountableor exempt from ensuring that proportionate regulations, procedures and legal obligations areafforded to micro-businesses that are not manufacturers.

We have a meeting planned with the officials in the Automotive Unit on the 18 th January. Inorder to avoid the need to escalate this issue widely across the European media and elsewhere,please can your services treat this matter with the utmost priority? There is no safety orenvironmental issue with very low volumes of new American cars, imported into Europe forenthusiasts and built to the latest North American standards. There is no convincing reason whythe principle of subsidiarity should not apply as the Framework Directive 2007/46/EC alreadyensures that the approval of these vehicles is only obtained by demonstrating equivalence, tothe greatest extent practicable with the European Type Approval Directives. If theHarmonised IVA proposal is not withdrawn and our representations continue to go unheeded bythe Commission, what is the point of all these laws and policies that the Commissions websiteexplains so clearly?

Yours truly,

Anthony CohenChairman-American Import Agents AssociationTel: +44 20 [email protected]

2
http://www.scribd.com/doc/24567628/Impact-Assessmenthttp://www.berr.gov.uk/files/file54013.pdfmailto:[email protected]://www.scribd.com/doc/24567628/Impact-Assessmenthttp://www.berr.gov.uk/files/file54013.pdfmailto:[email protected]


3/3

Cc

-Jos Manuel Barroso President of the European Commission-Rt Hon Gordon Brown MP-Prime Minister-Ms. Neelie Kroes-Commissioner for Competition-Malcolm Harbour-MEP-Lord Peter Mandelson-First Secretary of State, Secretary of State for Business, Innovationand Skills and Lord President of the Council-Juergen R. Thumann-Co Chairman-Transatlantic Business Dialogue-Sylvia Mohr-Automotive Commercial Attach-US Mission to the European Union-Tina Sommer, President European Small Business Alliance-Mark Spelman-Chairman American Chamber of Commerce to the European Union-Ian Yarnold-Deputy Head of Vehicle Technology and Standards Dft UK

-Mike Lowe-Senior Policy Advisor, Transport Technology and Standards DfT-UK-Harry Sanne-President European Association of Independent Vehicle Traders-Denise Lagercrantz-Consultant to BIRF Swedish Association of Vehicle Importers-Brian Osler-President North American Automobile Trade Association

3

letter to francoise le bail (eu sme envoy) about american car imports into europe

Documents