Sat Jun 28 19:01:09 1997
- Message No. 1110
From: katsanos@classic.diavlos.gr
Subject: [Fwd: LA0697:Design protection action]
Simon Milward wrote:
>
> ACTION
>
> 24 June 1997
>
> Mass lobby of Legal Affairs Committee Members needed
>
> Rider organisations the FIM, EMA and FEM are sending a joint letter to Members
> of the European Parliament's Legal Affairs Committee. All three organisations
> recognise the dangers that the provisions of the directive could present to
> motorcyclists as consumers and many small motorcycle parts businesses, if
> governments in the Council of Ministers get their way.
>
> Governments threw out Parliament's 'repair clause' when it established a
> Common Position, which Parliament will formerly receive on 25 June, in the
> Spring. Prices of pattern repair parts would rise and possibly result in
> their removal from shop shelves altogether, unless Parliaments' view is
> upheld. Consumer interests are hoping MEPs will re-insert the repairs clause
> whilst rider groups further want to broaden the scope of it to exempt
> motorcycle parts from reproduction fees to the same extent as for cars.
>
> Individual riders are being asked to write to their Member of the European
> Parliament on this issue.
>
> Find below the joint three-way letter along with a list of MEPs on the Legal
> Affairs Committee. MEP's fax numbers are available on FEM's home page.
>
> For further information please contact FEM.
>
> --------------------------
>
> EMA, PO Box 77, Fleet, Hampshire, GU13 8LY, UK
> FEM, Rue des Champs 62, 1040 Brussels, Belgium
> FIM, 142-144 av. de Tervuren, 1150 Bruxelles, Belgique
>
> title firstname surname
> Member of the European Parliament
> Rue Belliard 97-113
> 1049 Brussels 30 June 1997
>
> Dear title surname,
>
> Directive on legal protection of designs (MEDINA ORTEGA Report)
>
> The Common Position agreed by the Council of Ministers on this directive has
> now arrived back in Parliament and will soon be on the agenda of the Legal
> Affairs Committee. We, the undersigned, representing all motorcyclists and
> their organisations in Europe, ask you to consider our agreed joint position
> outlined below and support it at the Second Reading of the Directive.
>
> You will be aware that, at the First Reading of the Directive, Parliament
> struck a compromise between the conflicting interests of the original parts
> producers and the consumers by proposing fair and reasonable remuneration for
> use of designs. Subsequently, the Commission revised the Directive in the
> light of the opinion of Parliament and introduced a "repairs clause" (Article
> 14) which was intended to support consumer rights and avoid monopoly pricing.
>
> We have two major concerns. The first is that the Council of Ministers, under
> pressure from just a few Member States, approved the Directive without the
> repairs clause being included. The second is that the wording of the repairs
> clause itself does not cover the specific needs of motorcyclists.
>
> The decision of the Council of Ministers has no sound technical basis and is
> an affront to Parliamentary democracy. The effect on small businesses and
> consumers would be severe and unacceptable and the ideal of a Europe for the
> people would be sacrificed to protectionism and the interests of big business.
>
> Many parts of a motorcycle, including the engine/gearbox, frame, fuel-tank and
> suspension are externally visible, which is not usually the case with cars.
> The current repair clause does not make a clear differentiation between cars
> and motorcycles and does not specifically classify all motorcycle external
> parts as common repair parts and therefore does not give them exemption from
> the full 25 years design protection. If the wording of the repairs clause is
> not changed it will discriminate unfairly against one class of road user, the
> motorcyclist. Clarification of which externally visible motorcycle parts are
> common repair and integrally styled parts will be argued in Courts of Law in
> which the small producers of repair and replacement parts will be at an
> obvious disadvantage.
>
> We hope that Parliament will not accept the terms of the Common Position, and
> believe that Parliament would be fully justified in serving notice of
> intention to reject the Common Position. Failing that, we ask to support the
> motorcyclist amendments at the earliest opportunity.
>
> We are supporting the campaign by ECAR and BEUC and we are willing to explain
> our position, and its technical basis, in more detail if required.
>
> Yours sincerely
>
> Donald Lewis Simon Milward Neville Goss MBE
> Chairman EMA General Secretary, FEM President CIAP, FIM
>
> --------------------------
> MEPs on the Legal Affairs Committee
> Address: ... MEP, Rue Belliard 97-113, 1048 Brussels, Belgium
>
> Ms Maria Margarethe BERGER A
> Mr Karl HABSBURG-LOTHRINGEN A
>
> Mr Willy C.E.H. DE CLERCQ (Chairman) B
>
> Herr Siegbert ALBER De
> Frau Evelyne GEBHARDT De
> Herr Klaus-Heiner LEHNE De
> Herr Kurt MALANGRE De
> Frau Marlies MOSIEK-URBAHN De
> Herr Hartmut NASSAUER De
> Frau Claudia ROTH De
> Herr Willi ROTHLEY De
> Herr Wolfgang ULLMANN De
> Frau Barbara WEILER De
> Frau Wilmya ZIMMERMANN De
>
> Mr Ole KRARUP DK
>
> Mr Julio ANOVEROS TRIAS de BES ES
> Mr Manuel MEDINA ORTEGA (Rapporteur) ES
> Mr Fernando MORN LPEZ ES
> Mrs Ana PALACIO VALLELERSUNDI ES
> Mrs Francisca SAUQUILLO PEREZ DEL ARCO ES
> Mrs Angela del Carmen SIERRA GONZLEZ ES
> Mr Josep VERDE I ALDEA ES
>
> Mr Astrid THORS FIN
>
> Mr Jean-Pierre COT FR
> Mr Herve FABRE-AUBRESPY FR
> Mrs Nicole FONTAINE FR
> Mr Jean-Francois HORY FR
> Mr Jean-Marie LE PEN FR
> Mrs Anne-Marie SCHAFFNER FR
>
> Mr Georgios ANASTASSOPOULOS GR
> Mr Dimitris TSATSOS GR
>
> Mrs Nuala AHERN IRL
> Mr Patrick COX IRL
> Mr Brian CROWLEY IRL
>
> Mr Roberto BARZANTI IT
> Mr Carlo CASINI IT
> Mr Biagio DE GIOVANNI IT
> Mr Enrico FERRI IT
> Mr Luigi Andrea FLORIO IT
> Mr Gianfranco FINI IT
> Mr Andrea MANZELLA IT
>
> Mr James L. JANSSEN van RAAY NL
> Mr Florus A. WIJSENBEEK NL
>
> Mr Carlos CANDAL Pt
>
> MaLou LINDHOLM SWE
>
> Mr Bryan M.D. CASSIDY UK
> Mr Alexander C. FALCONER UK
> Mr David W. MARTIN UK
> Mrs Anne Caroline B. McINTOSH UK
> Mr Edward NEWMAN UK
> Ms Christine Margaret ODDY UK
> Mr David Edward THOMAS UK
>
> =====================================================================
> Federation of European Motorcyclists
> Rue des Champs 62, 1040 Brussels, Belgium
> Tel: + 32 2 736 9047 Fax: + 32 2 736 9401
> Email: SimonMilwardFEM@compuserve.com
> FEM Home Page http://dredd.meng.ucl.ac.uk/www/mag/fem.html
>
> For regular FEM news via listserver
> To subscribe, mail fem-info-request@meng.ucl.ac.uk with text: SUBSCRIBE
> To unsubscribe, mail fem-info-request@meng.ucl.ac.uk with text: SIGNOFF
>
> International Riders' Rights Directory:
> http://dredd.meng.ucl.ac.uk/www/mag/internet_contacts.html
>
> Email reference numbers/filing
> PR=Public Relations, Com=Committee, S=Safety, LA=Laws Action, LI=Laws Info.
> 497=April 1997, 1198=November 1998
> ======================================================================
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