Case details

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Sector enquiries, recommendations, and opinions
Case reference
EPR/2003/3
Title
Recommendation addressed to the Government on restrictions to competition in the marketing of luminous devices for taxis arising from legislation on metrological control
Sector
  • Transport & Infrastructure
Activity (NACE)
  • G47 - Retail trade, except of motor vehicles and motorcycles
Case origin
Ex-officio
Competition impact assessment?
Yes
Cooperation with sector regulators
Status
Closed
Summary of the case

The AdC issued a Recommendation addressed to the Government considering that it should be ensured that homologation of complementary devices to measuring instruments do not constitute technical / regulatory barriers to the commercialization of such devices by independent operators.
In the case of taxis, the legislation in force makes the sale of such devices subject to a request for further approval of the taximeter, which may only be made by the manufacturer or importer. Since the approval is granted on a case-by-case basis for the brand specified by the applicant, this creates a restriction on market access for luminous devices, restricting competition and clearly disproportionate in relation to the technical objectives pursued by the legislation.
Accordingly, additional approvals of taximeters resulting from the installation of luminous devices should be granted for all brands of certified devices, allowing for the commercialization of all models available in the market, leaving the choice to the vehicle owner.

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