The UK and EU might have only just finalised their respective block exemption regulations in the last 18 months, but in the EU at least the consultation on the renewal of the regulations due in 2028 has begun.

The phrase Motor Vehicle Block Exemption Regulations (MVBER) might not set the pulses racing, but it is a piece of mission critical legislation as far as Europe’s aftermarket is concerned.

In a nutshell, MVBER is there to ensure fair and open competition for independent operators by ensuring that vehicle manufacturers do not restrict access to spare parts, data or information needed to repair, service or maintain vehicles.

The ever-changing complexity of our increasingly connected, technologically sophisticated cars is the reason why the regulations need reviewing on a more regular basis. This consultation has only come around so quickly as this was a key ask ahead of the review of the previous MVBER, which had stood unchanged for 10 years.

During that time, as vehicles changed dramatically, new technologies emerged that fell outside the scope of MVBER. This allowed OEMs to create mini monopolies over those parts or bits of data, tightening access to their branded franchised dealerships.

Making the renewal of MVBER more regular was an attempt to mitigate against this risk. And so, it has come to pass as the independent aftermarket continues to face new barriers to its right to repair and connect to vehicles even over the last two years.

In essence, every time an independent workshop or bodyshop cannot repair or replace something without first having to request or pay for something from an OEM – or worse can’t do something at all because the OEM wont’ give them access or sell them a part - then either an MVBER has been breached, or we’ve found another example of something it needs to be extended to cover.

But MVBER is just one piece of the puzzle alongside Type Approval, which defines what constitutes a legitimate vehicle, its system or component.  Both pieces of legislation need to move in harmony but often exist in silos that OEMs can exploit.

Take a recent ECJ case that pitted Fiat against Carglass and ATU about right of access to onboard diagnostic ports (OBDs).

Fiat mandated that technicians needed to pre-register and have an internet connection, but neither is present in type approval. Carglass and ATU sued and the ECJ ruled in their favour.

But Fiat and other OEMs have fought back by pointing out to the European Commission, that the same Type Approval regulations say that a secure gateway is needed to meet cybersecurity standards. 

MVBER is competition law and then refers to Type Approval, stating that the Commission will take it into account when assessing cases of information being withheld. What MVBER provides are the principles to ensure that security does not mean access is blocked de facto. And we also have the SERMI authentication scheme to accredit technicians on security-related data access.

With the elections now done and dusted, we’ll be petitioning the in-coming Commission this summer on Type Approval updates and contributing to the MVBER consultation. But as ever, we need your help.

The last time the EU and the UK reviewed the regulations we were able to engage and inform decision makers in Brussels and London with compelling data and examples from our customers about the barriers they face in trying to do their jobs.

It paid off with both new sets of regulations being significant upgrades on their previous incarnations.

We’re encouraged by the EU embarking on a new consultation so soon and hope that regulators in the UK are paying attention.

On paper, the odds are stacked against the aftermarket. How does a small business face up to the might of a global OEM and its powerful lobbying machine? Well, by working together through us and our partners at FIGIEFA, ADPA and CECRA.

Please get in touch with your stories so that we can champion the aftermarket once more and help protect your rights.