Considering in particular that promoting low rolling resistance tyres in the replacement market (75% of the tyre market) may be an effective way to contribute to the CO2 reduction target set in the Community strategy to reduce CO2 emissions from passenger cars and light duty vehicles, and having regard to the Commission's impact assessment launched to assess policy options on how to promote market transformation towards low rolling resistance tyres, in particular through the introduction of tyre energy labelling, this Regulation should be in line with the Commission's legislative proposal on energy labelling of tyres, a proposal which sh ...[+++]ould however be carefully balanced against safety considerations and other parameters such as noise and durability and which should also take into account the regulatory package on Advanced Safety Features and Tyres.

What is being proposed here and what is on the table is essentially what the Commission has put forward, namely liberalisation of the market in spare parts, albeit with a five-year transitional period for Member States in which spare parts are covered by design protection.

So the design protection which is conferred for the new part on the primary market can also be applied to the spare part on the secondary market (aftermarket).

2. Exemption shall apply to specific spare parts, components or accessories specifically for the articles in question and to the tools to be used for the maintenance, checking, calibration and repair of the said articles, provided that such spare parts, components, accessories or tools are imported at the same time as the said articles or, if imported subsequently, that they can be identified as being intended for articles previously exempt on admission or which would be eligible to be so exempt at the time when such entry is requested for the specific spare parts, components or accessories and tools in question.

It is necessary to specify the cases in which the market for a make's spare parts constitutes a distinct market (as defined in the Hugin ruling) and Article 82 should consequently apply and those in which the market for the original equipment should be deemed the relevant market.

Referring to markets for spare parts, paragraph 84 states that the relevant market for the purposes of the BE is the market for the original equipment, 'without prejudice to Article 82'.