Debate: Dieselgate: suspected widespread use of defeat devices in cars to reduce effectiveness of pollution control systems
Date: WEDNESDAY, 19 APRIL 2023
Speaker: Nicolas Schmit
Language: EN

Since then, thanks also to the Parliament’s efforts, the Commission – within the limits of our enforcement powers at the time – and Member States have taken several measures to sanction these practices and to prevent such a scandal from happening again. First, in 2016, the Commission launched six infringement procedures against Member States who initially failed to report the necessary legislation or to impose sanctions on manufacturers who had vehicle types approved that did not comply with the legal requirements foreseen. In the meantime, these procedures were closed as the relevant Member States changed their legislation or impose the required penalties on the manufacturers. As of today, one case launched in 2017 against Italy is not yet closed. The evaluation of the latest changes in the Italian law are ongoing. Second, the Commission rapidly recognised the need to improve the market surveillance regulatory framework. As such, we complemented checks of vehicles on the market by national authorities with the European oversight of type—approval and market surveillance activities through checks to be carried out by the Commission. Third, we also changed the way how we react if it turns out that rules have been broken. This includes the possibility for the Commission to initiate EU—wide recalls and impose fines of up to EUR 30 000 per non-compliant car. These rules, however, only apply to new cars put on the market since September 2020. And fourth, we have fundamentally changed the way we handle vehicle—emission type—approval. That implies new and improved mandatory emission tests in the laboratory and in real driving situations. Since these changes, vehicles are significantly cleaner than their predecessors. Real driving emission testing has led to a considerable drop in the real amount of NOx emissions, well below the legal limit. This is good for air quality, notably in urban areas with heavy traffic and above all, consumers are better informed of the real environmental performance of the vehicles they purchase. And finally, we also want to ensure that future generations of vehicles are developed according to the best environmental standards. This is why the Commission adopted in November 2022 a proposal for Euro 7, which sets new standards for air pollutant emissions from light and heavy duty vehicles, including from electric vehicles, which is currently under discussion by the European Parliament and the Council. On 22 March, the NGO ICCT – the International Council on Clean Transportation – published a study on the emission behaviour of Euro 5 and Euro 6 vehicles. The study shows the results of emissions tests conducted by Member States covering the period from 2016 to 2020 in the framework of national post—Dieselgate investigations to reassess the excess NOx emissions from European diesel cars. This study is complemented by tests performed by independent third parties and by an analysis of ICCT’s own database of roadside measurements that collects a snapshot of the emissions of vehicles as they pass by. The findings highlighted by the ICCT study are not new and are pointing to a legacy problem. Most of the worst results covered in the study relate to vehicles that were type—approved and therefore put on the market before the introduction of the real driving emission test. As such, this study is a reminder of Member States’ responsibility to take corrective action urgently, since for the fleet predating 1 September 2020, the responsibility to take action lies with the Member States who have the legal possibility and responsibility to act. In this context, let me remind you that since 2015, the Commission services have organised multiple discussions with Member States’ authorities on the issue of prohibited defeat devices, reminding them of the obligation to investigate potential cases of non-compliance and to take all appropriate corrective measures. We have repeatedly called on Member States to carry out investigations into the possible presence of defeat devices in vehicles on their territories and to ensure that EU pollutant emission standards were scrupulously respected. The Commission also requested Member States to identify the authors of the manipulations and apply national penalty procedures to sanction possible breaches of EU pollutant emissions rules. So far, Member States have reported on the ongoing review process on the issue of type approvals, and this has not yet led to withdrawals or sanctions. And to finish, most recently, the Commission updated on 24 February 2023 its guidance on the identified action of the presence of defeat devices, which helps Member States to test vehicles for the identification of illegal defeat devices. The guidance helps interpreting the Commission’s long—standing position confirmed by the decisions of the Court of Justice on illegal defeat devices that vehicles need to comply with the emission requirements in normal use, and that exceptions to this rule, including thermal windows, must be interpreted narrowly.