Directiva sobre diseño industrial
Como prescriben los artículos 14 y 18 de la actual directiva sobre diseño industrial,
a) Se introduce una clausula de congelación o liberalización de la legislación de cada Estado miembro ("freeze plus") en lo que respecta a los diseños sobre componentes utilizados para la reparación de un producto complejo a los efectos de restituir su apariencia inicial.
b) La Comisión presentará un análisis de las consecuencias de lo dispuesto en la presente Directiva para los fabricantes de productos complejos y componentes y propondrá las modificaciones de la presente Directiva que sean necesarias.
Pues bien, esta propuesta ya ha sido publicada. En esencia, propone la completa liberalización de este mercado.
Las decisiones de la UE nos parecen lejanas, pero ésta afecta, entre otros, a los mercados de componentes de automoción (10000 M€). Un completo estudio de la comisión acaba de ser publicado valorando este impacto.
The main types of parts concerned are replacement body panels, auto glazing and lighting units. These may be supplied by vehicle manufacturers (VMs), original equipment suppliers (OES) and independent suppliers (IS).
Independent suppliers find it difficult to enter this market. The defining characteristic of all products in this market is their “must-match” design, which means that replacing parts must be identical to the originals. Given the precision engineering of modern cars the tolerance for error is often very small. The inferior fit of non-original body panels might be the reason why OES parts continue to hold considerable market share even in countries where liberalisation of design protection regulations makes competition possible. Where product characteristics, manufacturers’ sophistication and the pattern of supply have made the fit issue less of a problem (e.g. glazing, lighting), the IS market share appears to be much larger.
Within the automotive market the following sub-sectors will be most-affected by the proposal:
• Production of body panels was traditionally a core activity of vehicle manufacturers. Metal body panels are still mostly produced by the vehicle manufacturers themselves. This position is eroding, with greater outsourcing of panel production, but all evidence suggests that the vehicle manufacturers retain a strong hold on the aftermarket. Plastic body panels such as bumpers are often provided by specialist companies on the basis of industrial contracts based on exclusivity, including on spare parts. The total turnover of the independent body panel producers inside the EU can be estimated at 375 M€ (5% of the total market in body panels of € 7.5 billion in the EU-15).
• In the auto glazing market, glass producers estimate the average windscreen replacement rate at 5%, giving an annual market of around 10 million screens replaced each year. The aftermarket for glazing products in EU-15 is estimated at €1 billion. There is de facto liberalisation in the auto glazing sector as vehicle manufacturers buy in parts from producers. The patterns of parts supply and fitting are very different from both body panels and lighting. The European auto glazing market is dominated by three manufacturers: Pilkington, Saint Gobain and Glaverbel. Each of these has a substantial global presence in addition to a major share of the EU market. It is estimated that between them they have a 75% share of the EU aftermarket.
• As concerns lighting, the integral lighting aftermarket is estimated as being worth €1.22 billion per annum. Figures suggest around half are OES parts. The bulk of European lighting unit production in Europe is today accounted for by a few firms: Valeo, Hella and Automotive Lighting. Historically these firms have also supplied the same lights to the aftermarket with very little competition from outside the EU. The machine mould used for OE production of a lighting unit would be used to make lights that would be sold into the aftermarket through independent distribution channels, without the vehicle manufacturers’ logo.
Finally, it is useful to note that, given the type of market, the bulk (80% by some estimates) of spare parts repairs are “crash parts” fitted in jobs paid for by insurers. Fitters are reimbursed for the work that they undertake on the basis of an agreed schedule of rates for replacement parts and a standard labour cost.
For those jobs, the insurer’s power to specify what kind of part is used to replace the damaged article (i.e. OE or IS) and the price it is willing to pay for the replacement give it significant market power.
a) Se introduce una clausula de congelación o liberalización de la legislación de cada Estado miembro ("freeze plus") en lo que respecta a los diseños sobre componentes utilizados para la reparación de un producto complejo a los efectos de restituir su apariencia inicial.
b) La Comisión presentará un análisis de las consecuencias de lo dispuesto en la presente Directiva para los fabricantes de productos complejos y componentes y propondrá las modificaciones de la presente Directiva que sean necesarias.
Pues bien, esta propuesta ya ha sido publicada. En esencia, propone la completa liberalización de este mercado.
Las decisiones de la UE nos parecen lejanas, pero ésta afecta, entre otros, a los mercados de componentes de automoción (10000 M€). Un completo estudio de la comisión acaba de ser publicado valorando este impacto.
The main types of parts concerned are replacement body panels, auto glazing and lighting units. These may be supplied by vehicle manufacturers (VMs), original equipment suppliers (OES) and independent suppliers (IS).
Independent suppliers find it difficult to enter this market. The defining characteristic of all products in this market is their “must-match” design, which means that replacing parts must be identical to the originals. Given the precision engineering of modern cars the tolerance for error is often very small. The inferior fit of non-original body panels might be the reason why OES parts continue to hold considerable market share even in countries where liberalisation of design protection regulations makes competition possible. Where product characteristics, manufacturers’ sophistication and the pattern of supply have made the fit issue less of a problem (e.g. glazing, lighting), the IS market share appears to be much larger.
Within the automotive market the following sub-sectors will be most-affected by the proposal:
• Production of body panels was traditionally a core activity of vehicle manufacturers. Metal body panels are still mostly produced by the vehicle manufacturers themselves. This position is eroding, with greater outsourcing of panel production, but all evidence suggests that the vehicle manufacturers retain a strong hold on the aftermarket. Plastic body panels such as bumpers are often provided by specialist companies on the basis of industrial contracts based on exclusivity, including on spare parts. The total turnover of the independent body panel producers inside the EU can be estimated at 375 M€ (5% of the total market in body panels of € 7.5 billion in the EU-15).
• In the auto glazing market, glass producers estimate the average windscreen replacement rate at 5%, giving an annual market of around 10 million screens replaced each year. The aftermarket for glazing products in EU-15 is estimated at €1 billion. There is de facto liberalisation in the auto glazing sector as vehicle manufacturers buy in parts from producers. The patterns of parts supply and fitting are very different from both body panels and lighting. The European auto glazing market is dominated by three manufacturers: Pilkington, Saint Gobain and Glaverbel. Each of these has a substantial global presence in addition to a major share of the EU market. It is estimated that between them they have a 75% share of the EU aftermarket.
• As concerns lighting, the integral lighting aftermarket is estimated as being worth €1.22 billion per annum. Figures suggest around half are OES parts. The bulk of European lighting unit production in Europe is today accounted for by a few firms: Valeo, Hella and Automotive Lighting. Historically these firms have also supplied the same lights to the aftermarket with very little competition from outside the EU. The machine mould used for OE production of a lighting unit would be used to make lights that would be sold into the aftermarket through independent distribution channels, without the vehicle manufacturers’ logo.
Finally, it is useful to note that, given the type of market, the bulk (80% by some estimates) of spare parts repairs are “crash parts” fitted in jobs paid for by insurers. Fitters are reimbursed for the work that they undertake on the basis of an agreed schedule of rates for replacement parts and a standard labour cost.
For those jobs, the insurer’s power to specify what kind of part is used to replace the damaged article (i.e. OE or IS) and the price it is willing to pay for the replacement give it significant market power.
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