1. BACKGROUND ON THE REPORT - European … - Annex...2016/07/27 · REPORT ON THE MEMBER STATES...
Transcript of 1. BACKGROUND ON THE REPORT - European … - Annex...2016/07/27 · REPORT ON THE MEMBER STATES...
REPORT ON THE MEMBER STATES INVESTIGATION FOLLOWING THE EMISSION
MANIPULATION CASE
1. BACKGROUND ON THE REPORT
The European Parliament, in its resolution of 27 October 2015 on emission
measurements in the automotive sector (2015/2865(RSP)1, stated that it:
"10. Welcomes the investigations being undertaken in several Member States and other
countries globally regarding vehicle emissions test results manipulation; supports the
Commission’s call to national surveillance authorities to proceed with extensive checks
on a wide variety of makes and models of vehicles; considers that any such
investigation should involve the Commission; insists that investigations be conducted in
a transparent and effective manner, with due consideration for the need for consumers
affected directly by any lack of conformity that is discovered to be kept well informed;
11. Demands that the Commission report back to Parliament on the results of these
investigations, in writing, by 31 March 2016;"
The Commission would, therefore, like to report on the current state of play of the
investigations by Member States and the Commission's support towards them.
While the Commission has taken other actions in relation to the emission
manipulation, this report focuses only on the MS investigations, as requested.
Since national investigations were still on-going and no results were available end
of March 2016, it was decided to delay the report in order to be able to include
information expected by end of May and to provide an as complete picture as
possible. The information contained in this document was therefore last updated
with answers provided by Member States on 31 May 20162.
2. THE VOLKSWAGEN CASE IN THE USA
Based on information received by an NGO3, that was conducting independent
measurements on diesel vehicles in the USA, EPA investigated in detail the real life
emissions of VW diesel vehicles. On 18 September and 2 November 2015, EPA
issued Notices of Violation of the Clean Air Act to Volkswagen Group4 alleging
that they developed and installed a software in certain diesel passenger cars for
model years 2009 through 2016 that increases emissions of nitrogen oxide. This
software is a “defeat device” as defined by the Clean Air Act in the USA.
1 The Commission's formal reply to that EP resolution was given in note SP(2016) 67, approved by the
Commission on 2 February 2016.
2 Blank spaces in the tables mean that the information has not been provided by Member States.
3 International Council on Clean Transportation (ICCT)
4 Volkswagen AG, Audi AG and Volkswagen Group of America, Inc., Porsche AG and Porsche Cars
North America.
2
On 19 November 2015, Volkswagen officials informed EPA that the defeat device
has existed in its U.S. diesel models since 2009.
On 4 January 2016, the Department of Justice filed a complaint on behalf of EPA
against the Volkswagen Group for alleged violations of the Clean Air Act. On June
28, 2016 Volkswagen entered into a multi-billion dollar settlement in the US to
partially resolve the issue5,
California has initiated its own investigation and is also working closely with EPA
on further testing of diesel engines.
3. COMMUNICATION WITH MEMBER STATES
The Commission took note of the emissions manipulation scandal in the USA and
started an intense communication with Member States in order to understand the
magnitude of the problem in Europe. During the Competitiveness Council of the 1st
October 2015, the Commission asked Member States to investigate whether VW
had also made use of defeat devices in Europe.
On the same date, the Commission services sent a note to the members of the
Technical Committee on Motor Vehicles (TCMV) requesting information on the
Volkswagen case, the measures taken and penalties set out by the MS to address this
case. The Commission also asked for information about the divergence between
current test cycle CO2 measurements and those being observed in real world driving
conditions, as well as on Member States' views on the improvement of the EU legal
framework. The questions and the replies are summarised in Appendix 1.
This note was followed by another note to the Type-Approval Authorities Expert
Group (TAAEG), sent on 8 October 2015, requesting information on the
enforcement of type-approval rules in the Member States. The questions and the
replies are summarised in Appendix 2.
In addition, a letter was sent on 22 October 2015 to TAAEG (Type Approval
Authorities Expert Group) and TCMV (Technical Committee on Motor Vehicles)
asking MS about measures planned for the VW case in accordance with Article
30(3) of Directive 2007/46. The questions and the replies are summarised in
Appendix 2.
On 5 November 2015, following the announcement by Volkswagen of possible
irregularities in the CO2 values, a joint letter from Commissioners Elżbieta
Bieńkowska and Miguel Arias Cañete was sent to the MS asking them if they had
received any information or evidence on possible irregularities related to the
certification of CO2 emissions values. The questions and the replies are summarised
in Appendix 1.
A request for an update of the information as regards the investigations into the
NOx emissions was sent to Member States on the 22 April 2016.
5 For more info see: https://www.epa.gov/enforcement/volkswagen-clean-air-act-partial-settlement
3
4. SUMMARY OF THE INVESTIGATIONS:
Based on the contributions received by the Member States to all of the above letters,
the following summary was established with regard to the investigations into the
existence of defeat devices for NOx emissions. The information is split between the
VW group vehicles and the rest.
Volkswagen Group Vehicles:
Recalls
Only some of Member States Type Approval Authorities (DE, UK, LU6, ES) issued
type-approvals for the Volkswagen Group. In general VW is proposing that the
vehicles will be fixed via software and hardware measures depending on the engine.
The MS type approval authorities who issued the original type approval will need to
approve the corrective actions proposed by the manufacturers and assess whether
they will ensure conformity with EU legislation. The recalls issued on these bases
by the various Member States Type Approval Authorities have an EU-wide effect
but it falls on each Member States to closely monitor the effectiveness of the recalls
in their territory.
DE: On 15 October 2015, the German Federal Motor Transport Authority
(Kraftfahrt Bundesamt - KBA) ordered a recall of Volkswagen vehicles. VW has
submitted to KBA corrective actions they will perform on the affected cars to bring
them into conformity with EU legislation. KBA is carrying out the necessary testing
through its technical services to verify whether the corrective intervention on the
recalled vehicles ensures that they comply with all exhaust emission requirements.
KBA has since issued clearance notes to the European Approval Authorities stating
that the corrective measures introduced for some vehicle types produce no changes
in the vehicle performances, pollutant emissions, CO2 emissions and noise level.
The vehicles cleared currently are the VW Amarok, Golf 2.0l TDI, 103 kW, Caddy
N1, 1.6l TDI, 55 kW and 75 kW, Audi A4, A5, A6, Q5, and SEAT Exeo.
UK: In the UK there are seven vehicle models with EA189 engines certified by the
UK type-approval authority, which VW has acknowledged as containing software
designed to optimise NOx emissions during the test. The UK plans remedial actions.
LU: Luxembourg has issued emission type-approvals for Audi AG Euro 5 and Euro
6 engines but has only forwarded the corresponding information to Germany, the
authority which granted the whole vehicle type approval6.
ES: Spain issued type-approvals for four SEAT models and planned remedial
actions. Some of the models manufactured by SEAT were propelled by the EA189
engine provided by VW. Therefore, the remedial actions will be in line with the
ones proposed for the whole VW Group. Spanish Authorities for instance have
considered the measures proposed through KBA for the SEAT Exeo as appropriate
and therefore they have been approved. This action will also be carried out on other
involved models manufactured by SEAT.
Other Measures for VW group vehicles:
6 LU provided only the emissions type approval for some vehicles and not the whole vehicle type approval.
4
Additionally, some Member States (DE, ES, FR, RO) and NO have suspended the
registration of the “end of series” Euro 5 VW group vehicles which were affected by
the scandal. In Ireland, Italy, Sweden and Austria VW has voluntarily stopped
putting end-of-series vehicles on the market. Various Member States (DE, ES, IE,
FR, LU, NL, SE) indicated their intention to check in-use compliance. As to the
conformity of production, MS (BE, DE, CZ, FR, IE, LU, NL, ES, SE) have
indicated that they will carry out audits. The UK and the Netherlands have noted
that the monitoring and enforcement of the conformity of production (COP) should
be improved. The Netherlands has furthermore delivered input to improve the COP
requirements. The input was taken on-board in the recently voted WLPT regulation.
SUB-GROUP ON MARKET SURVEILLANCE
In response to the requests made by the Member States during the joint meeting of
the TAAEG-TCMV on the 15th
October 20157, the Commission services created a
subgroup of the TAAEG (subgroup of the TAAEG on Automotive Market
Surveillance) which is a dedicated group focusing on the coordination of the
measurement programmes announced by Member States as a follow up of the VW
case. The group was created as a subgroup of the TAAEG, with the expectation that
it will continue its work in the future on this important issue. The group is co-led by
DG GROW and the JRC.
The group met 5 times up to now (5th
November 2015, 1st December 2015, 1
st
February 2016, 19th
April 2016 and 13th
June 2016), focusing on two major issues:
developing a common testing protocol for the identification of defeat devices and
coordinating national testing programmes.
The JRC has developed a testing protocol as well as an analysis tool for PEMS
(Portable Emission Measurement Systems) data within this group. Both are to be
found in the CIRCABC platform created specifically for sharing information
between MS.
Investigating the rest of the European diesel passenger car fleet:
The following MS have tested or are testing specifically for defeat devices:
Germany, France, UK, Italy, Spain, Finland and the Netherlands while Sweden has
indicated that they will extend their ongoing In-Use Compliance (IUC) programmes
for testing for defeat devices. Around 250 to 300 vehicles are expected to be tested
throughout. Until now only the UK (21st April 2016) and DE (22
nd April 2016) have
published the results of their investigation activities and France published
intermediary results (10th
May 2016). The Commission is currently reviewing these
reports. However as the Commission did not yet receive detailed data on the
7 In their replies to the letters of the Commission services, several MS (BE, CZ, DE, ES, FR, IRE, IT, NL,
RO, SE) were positive towards cooperation with the Commission's Joint Research Centre in the
investigations
5
national investigations, it is difficult to provide further assessment of the current
situation.
In Spain, the testing programme is still in progress and test results are being
scrutinized. Meetings with pertinent manufacturers are foreseen if it is considered
appropriate. Spain provided a partial report on the first results to the sub-group on
Market Surveillance before the meeting of 13th
June 2016.
With regard to CO2 irregularities, investigations are on-going but no conclusive
results have been provided yet.
5. CONCLUSION
Under the current legislative Framework, the Commission entirely relies on the
Member States to carry out the investigations. As a consequence, it is harder for the
Commission to ensure consistency between national approaches, have access to all
information and to influence their progress. The proposal for a revised Type
Approval Framework should remedy this in the future.
While some Member States have published final or intermediary reports
summarising the main results of their investigations, the Commission has not been
given full access to the methodology and data of any of these investigations so far;
the investigations of others Member States are still on-going. The information
received from Member States in response to the Commission's inquiries in many
cases also is incomplete. As a consequence, the Commission is not in a position to
provide the European Parliament with any substantial conclusions on the
investigations and remedial actions at this point in time.
In order to deliver this, the Commission needs full access to the details of the
investigations and to the data behind each clearance note issued confirming that the
changes presented by the manufacturer enable the affected vehicle in question to
comply with the legal requirements, or any other relevant voluntary recall.
The Commission will continue to closely monitoring the activities of Member States
in the context of their investigations as well as in terms of follow-up actions. An
update will be transmitted to the European Parliament in due time.
Appendix 1
Information on national investigations: VW defeat devices, general market surveillance activities and CO2 irregularities
Part 1: 8
Questions Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark
What measures have the
relevant authorities
taken to launch the
necessary investigations
at national level
regarding, among
others, type-approvals
that were granted to the
concerned vehicles as
identified by VW?
None since AT has
not granted any
Euro 5/6 type-
approvals
The TAA asked for
explanations on the
VW case at the
technical services
Questions to reps Questions to VW
importer; created a
commission
consisting of
different
stakeholders to
decide on how to
proceed
CY has not granted
any Euro 5/6 type-
approvals.
Inquiries were
made to VW
official rep.
Testing of SKODA
and VW vehicles
have been carried
out already (EURO
5 and 6)
None; following
the situation
Have type- approvals
been granted?
No No No No No No No
How many vehicles
were fitted with defeat
devices?
360000 414889 11302 30000 (update
from letter on CO2
- 33439)
230000
8 Appendix 1 is divided into four parts, where part 1 consists of the replies from Austria – Denmark, part 2 consists of the replies from Estonia – Italy, part 3 consists of the replies
from Latvia – Poland and part 4 consists of the replies from Portugal – UK. The information is based on the replies to the note sent to the Member States on 1 October 2015. The
replies were received between 12 October and 11 November 2015. CY, EL, LU and PO added their information when sending in their comments on the draft version of this information
note in May 2016 and AT, BU, DK, FI, HU NL, SK and ES updated some of their replies. The table also includes the replies to the CO2 letter sent to the Member States on 5
November 2015. The replies were mainly received between November 2015 and January 2016, but IT replied 2 Mars 2016, France replied 23 May 2016. DE updated their reply 6 May
2016 and an additional reply on working level was received from LU 22 January 2016. RO added their information when sending in their comments on the draft version of this
information note in May 2016 and CZ, PO and ES updated their replies.
7
Questions Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark
Have the Member
States launched any
specific action
regarding the
manufacturers
concerned, according to
Article 30 of Directive
2007/46/EC and what
were the actions?
Supervise KBA
actions for vehicles
registered in AT
via the AT system
for recall
No Awaiting info from
KBA
Received
information on
KBA actions
No Only testing No
Are Member States
aware of vehicles,
including from other
manufacturers, other
than the ones already
identified by
Volkswagen, which
would not be in
compliance with
Regulation (EU) No
715/2007?
Not yet No No No No No
What type-approval
tools are appropriate for
investigating the kind of
situations that we are
now confronting and
correctly enforce the
European law?
RDE Still analysing RDE
8
Questions Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark
What market
surveillance tools are
appropriate for
investigating the kind of
situations that we are
now confronting and
correctly enforce the
European law?
There are no
harmonised
provisions on how
the market
surveillance shall
be conducted
Mandatory Market
Surveillance
No penalties to
economic operators
Effective CoP
procedures
Regulation (EU) No
715/2007 on Euro5/6 in
its Article 13 requires
Member States to
establish penalties for
the breach of the
Regulation.
Commission would like
to ask Member States to
provide information
about their national
measures implementing
this obligation, in
particular about the
level of penalties as
well as information
about the application of
this provision.
Austrian Motor
Vehicle Acle 1967
(§ 134 Abs. 1c
KFG): 5000 Euro
Art 3-5 Law of 21
June 1985
Possible penalties
under the Law on
Road Traffic have
been notified, with
different levels of
fines including
severe penalty
according to the
Criminal Code, if
the infringement
constitutes a crime
Administrative
penalty - max
€8500. Law
penalties - penal
max - 2 years
imprisonment
and/or €17000.
Regulations - penal
max: for installing
device 3 months
imprisonment and
or €1000, for
counterfeit results -
1year
imprisonment
and/or €3000.
1,85 mil. Euro
max.
Withdrawal of the
type-approval and
sanctions under the
penal code where
false declarations
are given to public
authorities: fines,
up to 4 months
prison
Several studies have
shown significant and
growing divergence
between current test
cycle CO2
measurements - New
European Drive Cycle
(NEDC) - and those
Yes Yes Yes Yes Yes
9
Questions Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark
being observed in real
world driving. Are the
Member States aware of
such divergences?
What measures are the
Member States taking to
ensure that such
divergence does not
result from unlawful
practices?
None None No type- approvals
granted. Effective
CoP
A common
approach is needed
In case unlawful
practices from
manufacturers are
uncovered, what are the
measures envisaged to
ensure compliance with
the legislation?
RAPEX, Art 3-5
Law of 21 June
1985
See penalties +
type-approval
withdrawal
Expects
improvements with
WLTP
Reply to CO2 letter:
Have you received any
evidence or information
concerning possible
irregularities
related to the
certification of C02
emissions values in
your country?
AT has not issued
any EC type-
approvals and has
not received any
official information
about CO2
irregularities by
VW or KBA.
No knowledge of
CO2
manipulations.
No additional
information or
evidence on
irregularities of
CO2 emissions
from VW or other
manufacturers.
CZ has not issued
any type- approval
or emission
approval for the
VW vehicles; the
only information is
from KBA.
Reply to CO2 letter: If
relevant, how many of
the vehicles that were
newly registered in your
country in the calendar
years 2012, 2013 and
AT needs detailed
information on the
type of vehicles
concerned in order
to assess the
situation
Unofficially, 739
vehicles might be
affected but HR is
awaiting info from
KBA; a special
Commission will
An authorised
dealer of the VW
Group in CY
informed that a
number of cars
which were newly
For all these years
(2012, 2013 and
2014) the number
of newly registered
vehicles was about
160 000 (all
10
Questions Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark
2014 were possibly
affected by such
irregularities?
consider the
measures
necessary.
registered in CY
are included in the
list of cars with
faulty CO2
indications. The
CY authorities
expect more
information on the
exact number in
the future.
belonging to the
VW group).
11
Part 2:
Questions Estonia Finland France Germany Greece Hungary Ireland Italy
What measures have the
relevant authorities
taken to launch the
necessary investigations
at national level
regarding, among
others, type-approvals
that were granted to the
concerned vehicles as
identified by
Volkswagen?
None; following
the situation
Investigation of
100 cars from
different
manufacturers
with assistance
from JRC
Yes, extensive
measurement
programme
Questions to
reps. No answer
yet.
Questions to
reps. No answer
yet.
None since IE
was not
involved in the
approval of any
of the vehicles
identified by
VW
Testing
campaign for
M1 5b Diesel
vehicles,
compare
results with
RDE tests
Have type- approvals
been granted?
None No Yes None None No Yes
How many vehicles
were fitted with defeat
devices?
According to car
importers there
are
approximately
64 000 vehicles
in Finland.
967585 21079 40095 650000
Have the Member States
launched any specific
action regarding the
manufacturers
concerned, according to
Article 30 of Directive
2007/46/EC and what
were the actions?
Received more
information from
KBA. Enhancing
recalls to be put
into action
No action except
for the
investigation
Asked for
detailed action
plan and
schedule (recall)
Mail to KBA No, pending
more info
No Awaiting info
from KBA
12
Questions Estonia Finland France Germany Greece Hungary Ireland Italy
Are Member States
aware of vehicles,
including from other
manufacturers, other
than the ones already
identified by
Volkswagen, which
would not be in
compliance with
Regulation (EU) No
715/2007?
Not at this stage,
awaiting more
information from
the type-
approval
authorities in
question
No Not for the
moment, but
investigating
No Not yet, asking
other reps.
Not yet, asking
other reps.
Not at this
stage
What type-approval
tools are appropriate for
investigating the kind of
situations that we are
now confronting and
correctly enforce the
European law?
Independent spot
checks
Endow COM
and JRC with
more initiative
power to control,
investigate and
penalize;
protocol for
revealing DD
Review the
effectiveness
RDE RDE/ ISC will
improve
RDE
What market
surveillance tools are
appropriate for
investigating the kind of
situations that we are
now confronting and
correctly enforce the
European law?
Closer
coordination
Review
effectiveness
Harmonised
provisions and
coordinated
enforcement
MS regulations
similar to
agricultural
vehicles and
motorcycles
Include PEMS
testing
13
Questions Estonia Finland France Germany Greece Hungary Ireland Italy
Regulation (EU) No
715/2007 on Euro5/6 in
its Article 13 requires
Member States to
establish penalties for
the breach of the
Regulation.
Commission would like
to ask Member States to
provide information
about their national
measures implementing
this obligation, in
particular about the
level of penalties as
well as information
about the application of
this provision.
Vehicle Act
1090/2002 (Sect.
80,82, 86, 86a);
Against the
commercial
actor located in
Finland:
obligation to
recall and repair
vehicles;
withdrawal of
vehicles
Penalties have
been notified
Reg. 715/2007
was transposed
in DE by EC
Vehicle
Approval
Regulations -
wide range of
possible
penalties, incl.
partial
revocation to
annulment of
TA, criminal
charges possible
HU
implemented the
penalty
requirements of
Regulation (EU)
No 715/2007 in
the Government
Decree No.
345/2008 (XII.
30.).
Implemented in
national laws;
S.I. No. 157 of
2009 and S.I.
No. 158 of
2009 (as
amended)
Info
previously
provided to
COM - Italian
Highway Code
Several studies have
shown significant and
growing divergence
between current test
cycle CO2
measurements - New
European Drive Cycle
(NEDC) - and those
being observed in real
world driving. Are the
Member States aware of
such divergences?
Yes Yes Yes Informally Yes /
Officially No
Yes Yes
14
Questions Estonia Finland France Germany Greece Hungary Ireland Italy
What measures are the
Member States taking to
ensure that such
divergence does not
result from unlawful
practices?
About to
introduce
WLTP,
representative
driving
conditions
None, because
good faith is
presupposed.
Unlawful
practice is not
accepted
wherever it
appears.
Welcomes new
measurement
in regulation
WLTP,
verification of
emissions
during
homologation
and COP
testing
In case unlawful
practices from
manufacturers are
uncovered, what are the
measures envisaged to
ensure compliance with
the legislation?
Market
surveillance,
CoP
Recalls, fines,
withdrawal of
type-approval
Penalty,
rejection of
approval request
Withdrawal of
type-approval,
in single cases
criminal
penalties for
business fraud
Reply to CO2 letter:
Have you received any
evidence or information
concerning possible
irregularities
related to the
certification of C02
emissions values in your
country?
EE has not
granted any
type-
approvals for
the VW
Group,
including
those
specified by
KBA.
Therefore,
there is no
evidence of
increased
CO2
emissions for
VW vehicles
registered in
EE.
There is no
information or
evidence on
CO2
irregularities for
vehicles
registered or
sold in FI. FI
authorities are
preparing
possible national
market
surveillance
measures.
FR informed
about the interim
results of the FR
test campaign on
52 vehicles
covering 15
different brands:
None of the
brands tested
passed all tests,
either due to
Nox or CO2
related issues.
On Renault it
confirms that for
one model a
problem in
production was
detected and a
solution
Only the public
statement by
VW. Tests by
KBA are
ongoing (since
5.11.2015).
In the 2nd reply
dated 6 May
2015, KBA
informed that
conformity of
production tests
showed that the
CO2 emission
values of 6
model variants
of the model
year 2016 had to
be increased by
between 1 and 6
HU has no
information
regarding any
problems or
irregularities in
respect of the
CO2 emissions
and, since TA
data are nominal,
was not aware of
any excessive
CO2 emissions
either.
15
Questions Estonia Finland France Germany Greece Hungary Ireland Italy
proposed by
Renault is
currently being
validated.
Renault is
working on an
action plan on
air pollutant
emissions. Anti-
fraud
investigations
are on-going
concerning VW
and Renault.
g CO2/km. The
corrections
concern an
annual
production
volume of 36
000 vehicles.
Test results for
one model
variant are still
to be confirmed.
Currently there
is no reason to
apply the
corrections to
CO2 emission
values
retroactively.
16
Questions Estonia Finland France Germany Greece Hungary Ireland Italy
Reply to CO2 letter: If
relevant, how many of
the vehicles that were
newly registered in your
country in the calendar
years 2012, 2013 and
2014 were possibly
affected by such
irregularities?
Initially, VW
announced that
800 000 vehicles
were affected
but according to
latest VW info -
9 engine types
with
approximately
30000 vehicles
in the market are
concerned.
40 095 vehicles
concerned by the
Volkswagen
NOx scandal
have been placed
on the market in
HU, which
includes 5 994
diesel vehicles
registered in
2012, 6 079
diesel vehicles
registered in
2013 and 4 121
diesel vehicles
registered in
2014.
248 535 M1
vehicles of the
approved Euro
6 Volkswagen
group are
registered in
Italy.
However, IT is
still waiting
for more
details from
the KBA
about the car
models
affected by
CO2
irregularities
and therefore
cannot yet
quantify how
many of these
are present on
the territory.
17
Part 3:
Questions Latvia Lithuania Luxembourg Malta Netherlands Norway Poland
What measures have the
relevant authorities
taken to launch the
necessary investigations
at national level
regarding, among
others, type-approvals
that were granted to the
concerned vehicles as
identified by
Volkswagen?
Yes- damage to
env.
LU launched a
COP programme
for eventually
affected type-
approvals
Contacted KBA
and local importers
of VW
RDW-investigation
(in cooperation
with TNO) on the
identification of
defeat devices.
Started in April
and is hoped to be
ready in July 2016.
Checking vehicles
in line with the
JRC protocol;
several vehicle
types for which the
RDW has
delivered emission
certifications
(715/2007).
In touch with the
importer in
Norway and KBA
Contact with VW
Group Polska.
Contact with VW
AG. Monitoring of
KBA activity
concerning the VW
case
Have type- approvals
been granted?
No Yes Yes - to 22
manufacturers, but
none to the VW
group
Yes (NKS on
second stage)
18
Questions Latvia Lithuania Luxembourg Malta Netherlands Norway Poland
How many vehicles
were fitted with defeat
devices?
7000 175000 On 2 October
2015, TDT
received a reply
from VW Group
Polska informing
that 66870 vehicles
of the VW brand,
58890 vehicles of
the SKODA brand,
12049 vehicles of
the Audi brand and
3694 vehicles of
the SEAT brand,
equipped with EA
189 EU5 engines,
which were fitted
with defeat
devices, were
placed on the PL
market. On 9
October, VW
Group Polska
informed TDT that
a complete list of
the vehicles (with
their VIN
numbers) would be
sent to TDT.
19
Questions Latvia Lithuania Luxembourg Malta Netherlands Norway Poland
Have the Member
States launched any
specific action
regarding the
manufacturers
concerned, according to
Article 30 of the
Framework Directive
2007/46/EC and what
were the actions?
No, observing No, because the
ongoing production
was not concerned
Not yet; awaiting
info from KBA
Awaiting info from
KBA
Withdraw end-of-
series vehicles
According to
national law, if the
EC type-approval
certificate was
issued in Poland,
the TAA in Poland
is authorized to ask
the manufacturer to
develop a
corrective action
plan with regard to
the defective
vehicles. If the
type-approval
certificate was
issued by a TAA of
another Member
State, the TAA in
Poland is obliged
to raise
reservations
regarding these
vehicles.
Are the Member States
aware of vehicles,
including from other
manufacturers, other
than the ones already
identified by
Volkswagen, which
would not be in
compliance with
Regulation (EU) No
715/2007?
No No No No info. but JRC,
TNO AECC
studies have shown
divergences in
NOx emissions
No TDT has no
information
concerning
vehicles, other than
the ones already
identified, which
would be fitted
with defective
devices that would
circumvent the
emission limits.
20
Questions Latvia Lithuania Luxembourg Malta Netherlands Norway Poland
What type-approval
tools are appropriate for
investigating the kind of
situations that we are
now confronting and
correctly enforce the
European law?
Declaration by the
manufacturer that
the vehicles
comply with RDE
RDE The manufacturer
should declare that
vehicles comply
with RDE under all
valid conditions;
currently the type-
approval
authorities can
only withdraw the
type-approval
Spot checks;
search for defeat
device
The TAA in
Poland is
authorized to ask
the manufacturer to
develop a
corrective action
plan with regard to
VW vehicles, to
establish the scope
of and a timetable
for corrective
actions. If the TAA
possesses the
above mentioned
information, it
informs the type-
approval
authorities of the
other Member
States.
What market
surveillance tools are
appropriate for
investigating the kind of
situations that we are
now confronting and
correctly enforce the
European law?
Recalls/
withdrawals as in
L-cat. Market
supervision
strengthened
In use compliance
should be
introduced
Coordinated
enforcement - like
PROSAFE
Need to apply
market surveillance
also for LDV
If it is established
that VW practices
harmed the
collective interests
of consumers, the
President of the
Office for
Competition and
Consumer
Protection,
pursuant to Article
26 (1) of the Act
on the Protection
of Competition and
Consumers of 16
February 2007,
21
Questions Latvia Lithuania Luxembourg Malta Netherlands Norway Poland
may prohibit the
use of such
practices. If it is
determined that the
practices do not
harm the collective
interests of
consumers, injured
parties are entitled
to bring civil
actions before a
court for
noncompliance of
the product with
the agreement.
Regulation (EU) No
715/2007 on Euro5/6 in
its Article 13 requires
Member States to
establish penalties for
the breach of the
Regulation.
Commission would like
to ask Member States to
provide information
about their national
measures implementing
this obligation, in
particular about the
level of penalties as
well as information
about the application of
this provision.
Order No. 3-169 of
Minister of
Transport and
Communications
of 28 April 2009:
note and limit of
time to remove,
invalidate CoC,
Cancel TA, Up to 6
months: prohibit
the placing on the
market or to
register this type of
vehicles
Withdrawal of the
type-approval and
sanctions under the
penal code where
false declarations
are given to public
authorities: fines,
up to prison
Product Safety Act
part IV (fine and
possible
imprisonment)
Decree on type-
approval of motor
vehicles air
pollution, Art. 2.
Enforcement
governed by
Economic
Offences
Legislation: 2
years prison, max
19500 Euro under
economic offence
violation
Re-evaluation of
taxation for
registration of new
vehicles to make
sure they comply
with national
environmental law
Art 13(2) (a):
Art 268 of the
Penal Code
(hindering access
to information),
Art 25(1) of the
Act on combating
unfair competition.
Art 13 (2) (b):
Art 268 of the
Penal Code
(hindering access
to information),
Art 270 of the
Penal Code
(offense against the
credibility of
documents), Art
306 of the Penal
Code (falsification
of identification
22
Questions Latvia Lithuania Luxembourg Malta Netherlands Norway Poland
marks), Art 25(1)
of the Act on
combating unfair
competition.
Art 13 (2) (c):
Art 25 (1) of the
Act on combating
unfair competition,
Art 13 (2) (d):
Art 268 of the
Penal Code
(hindering access
to information),
Art 25 (1) of the
Act on combating
unfair competition.
Art 13 (2) (e):
Art 268 of the
Penal Code
(hindering access
to information)
Several studies have
shown significant and
growing divergence
between current test
cycle CO2
measurements - New
European Drive Cycle
(NEDC) - and those
being observed in real
world driving. Are the
Member States aware of
such divergences?
Complaints from
users
The current test
cycles and the new
test cycles are
laboratory tests,
which are
logically different
from reality.
Yes, this is also
noticed by
consumers. The
major part seems to
be attributable to
manufacturers' use
of 'flexibilities'.
Especially PHEV
SUVs show a large
divergence.
Yes Transportowy
Dozór Techniczny
– the TAA in PL,
is aware of such
divergences. TDT
is in favour of
amending
Commission
Regulation (EC)
No 715/2007 by
introducing
provisions
concerning RDE as
soon as possible.
23
Questions Latvia Lithuania Luxembourg Malta Netherlands Norway Poland
What measures are the
Member States taking to
ensure that such
divergence does not
result from unlawful
practices?
NEDC/WLT,
verification of
emissions during
homologation and
COP testing
TNO does
independent road
load measurements
and discusses with
manufacturers
Affected vehicles
to be modified;
criminal
prosecution in case
of unlawful
practices
The TAA in PL
plans to tighten the
provisions
concerning
emission testing
during the
mandatory periodic
roadworthiness test
(on the basis of
Directive
2014/45/EU on
periodic
roadworthiness
tests for motor
vehicles and their
trailers) and during
technical roadside
inspections (on the
basis of Directive
2014/47/EU on the
technical roadside
inspection of the
roadworthiness of
commercial
vehicles circulating
in the Union)
In case unlawful
practices from
manufacturers are
uncovered, what are the
measures envisaged to
ensure compliance with
the legislation?
Withdrawal of
type-approval. In
single cases;
criminal penalties
for business fraud.
Expects
improvements with
WLTP
If the EC type-
approval certificate
was issued in PL,
the TAA in PL is
authorized to ask
the manufacturer to
develop a
corrective action
plan with regard to
the defective
24
Questions Latvia Lithuania Luxembourg Malta Netherlands Norway Poland
vehicles. If the
type- approval
certificate was
issued by a TAA of
another Member
State, the TAA in
PL is obliged to
raise reservations
regarding these
vehicles.
Reply to CO2 letter:
Have you received any
evidence or information
concerning possible
irregularities
related to the
certification of C02
emissions values in
your country?
LV had no
information prior
to receiving the
letter from KBA of
12 November 2015
informing about
possible CO2
irregularities.
It should be noted
that irregularities
should not cause
problems regarding
the calculation of
total CO2
emissions as set in
Regulation
525/2013 since
these are linked to
the carbon content
of the fuel. Also,
CO2 emissions
have an impact on
taxation.
LT authorities do
not perform testing
and certification of
fuel consumption
and CO2 emissions
and have no
evidence on
possible
irregularities
Letter from M.
Müller on 13
November 2015
saying that VW has
informed the
responsible
authorities in the
MS.
MT has never
detected any
irregularities in
CO2 measurements
and has never
issued any
emissions
approvals for these
manufacturers.
No info prior to the
VW
announcement. So
far, RDW did not
find irregularities
on vehicles in the
NL.
No
25
Questions Latvia Lithuania Luxembourg Malta Netherlands Norway Poland
Reply to CO2 letter: If
relevant, how many of
the vehicles that were
newly registered in your
country in the calendar
years 2012, 2013 and
2014 were possibly
affected by such
irregularities?
LV cannot provide
any information
since the selection
criteria is not
sufficiently clear -
thus more technical
information from
KBA has been
requested.
According to VW
representative in
LT, 6 497 VW
cars and 294 Audi
cars were
registered in LT
with an affected
Euro 5 diesel
engines in the
years 2009-2015.
Letter from Müller
identified
potentially affected
cars, those
registered in LU
are: 2013 - 145,
2014-900, 2015-
2939. Additional
reply received at
working level
(22.01.2016)
stating that no CO2
irregularities could
be confirmed for
AUDI vehicles
type-approved in
LU.
According to
Dutch VW
importer - 400 cars
at the most
Not applicable
26
Part 4:
Questions Portugal Romania Slovakia Slovenia Spain Sweden UK
What measures have the
relevant authorities
taken to launch the
necessary investigations
at national level
regarding, among
others, type-approvals
that were granted to the
concerned vehicles as
identified by
Volkswagen?
High-level working
group to evaluate
the impact;
questions to the
repr. of the manuf.;
may promote
additional tests
Interminsterial
Commission
created; TAA
asked VW for
information
None No, but in contact
with KBA
Launched an
investigation on
vehicles type-
approved in Spain,
different
manufacturers
None Identified all type-
approvals of
concern granted to
VW and has
initiated retesting.
A wider testing
programme has
been launched to
understand real
world emissions
performance of a
broad selection of
vehicles that are
used on the UK
roads. VW
Managing Director
answered questions
before the UK
Parliament
Committee 12/10.
Have type- approvals
been granted?
No No No SEAT S.A. No Yes
How many vehicles
were fitted with defeat
devices?
105000 46000 Awaiting the
official letter form
KBA with all
relevant
information
regarding the recall
procedure.
680000 225000 7 models certified
by VCA using
engines type
EA189, which VW
acknowledged
contained the
software, from
those 89 versions
and variants with
an Euro 5 diesel
engine EA189
27
Questions Portugal Romania Slovakia Slovenia Spain Sweden UK
Have the Member States
launched any specific
action regarding the
manufacturers
concerned, according to
Article 30 of the
Framework Directive
2007/46/EC and what
were the actions?
No Art 30 not
appropriate; asked
DE for official info
No No Stop end-of-series
vehicles for all VW
group
No
Are the Member States
aware of vehicles,
including from other
manufacturers, other
than the ones already
identified by
Volkswagen, which
would not be in
compliance with
Regulation (EU) No
715/2007?
No No No No No No VCA has written to
and received
written assurances
that defeat devices
are not being used
from all
manufacturers
outside the VW
group for which
VCA has issued
emissions TA
What type-approval
tools are appropriate for
investigating the kind of
situations that we are
now confronting and
correctly enforce the
European law?
Need more info
from the ongoing
investigations
RDE RDE Satisfied with the
recall procedure
RDE is necessary.
Defeat devices to
be declared by
manufacturers.
Declaration of
conditions of use
of pollutant control
systems.
28
Questions Portugal Romania Slovakia Slovenia Spain Sweden UK
What market
surveillance tools are
appropriate for
investigating the kind of
situations that we are
now confronting and
correctly enforce the
European law?
Supportive of
aligning the market
surveillance
measures with
those for tractors
and motorcycles
Regulation (EU) No
715/2007 on Euro5/6 in
its Article 13 requires
Member States to
establish penalties for
the breach of the
Regulation.
Commission would like
to ask Member States to
provide information
about their national
measures implementing
this obligation, in
particular about the
level of penalties as
well as information
about the application of
this provision.
Portuguese Road
Code: 1) If natural
person- 600-3000
euro; 2) If legal
person- 1200-6000
euro
6 750 euro/vehicle,
penal law for false
declaration
Act No725/2004
Coll. on conditions
of vehicle
operation in the
road traffic: 2000-
16 597 EUR
In the Motor
Vehicle Act
Law of Industry
21/1992 provides
penalties for
infractions
regarding industrial
processes or
producing danger
to people or to the
environment - 600
000 Euro max.
The national
legislation gives
the possibility to
issue penalties, but
it does probably
not apply to
manufacturers
abroad
Penalties can be
found in the Road
Vehicles
(Approval)
Regulation 2009,
which contain
different levels of
penalties but for
the most serious
offences brought
before the higher
criminal courts
there is no limit to
the penalty.
29
Questions Portugal Romania Slovakia Slovenia Spain Sweden UK
Several studies have
shown significant and
growing divergence
between current test
cycle CO2
measurements - New
European Drive Cycle
(NEDC) - and those
being observed in real
world driving. Are the
Member States aware of
such divergences?
Yes Only info from
publications
Yes Yes The UK
Committee on
Climate Change
published a report
in September 2015
that discusses the
specific
contributions to the
emissions gap
What measures are the
Member States taking to
ensure that such
divergence does not
result from unlawful
practices?
None Enforce
Conformity
Production, RDE
and WLTP should
improve the
situation
RDE
In case unlawful
practices from
manufacturers are
uncovered, what are the
measures envisaged to
ensure compliance with
the legislation?
Withdrawal of
type-approval,
fines, recall
vehicles
30
Questions Portugal Romania Slovakia Slovenia Spain Sweden UK
Reply to CO2 letter:
Have you received any
evidence or information
concerning possible
irregularities
related to the
certification of C02
emissions values in your
country?
RO had no prior
knowledge or
information
regarding CO2
manipulations or
irregularities
before the VW
case
The only
information was
sent by KBA on 12
November to all
type-approval
authorities.
ES has no evidence
or information that
there were any
irregularities in the
certification of C02
emissions values in
ES.
SE conducts in-
service emission
test every year. So
far no substantial
deviations from
official CO2 values
for respective
vehicle type have
been found. During
last years, 1-2
vehicle types has
deviated more than
10% from official
value - none were
VW vehicles.
VCA issued
emissions type-
approval for some
SKODA vehicles.
SKODA informed
that there may have
been flawed
measurements used
in the
determination of
C02 emissions
values. VCA
requested to
receive a clear
explanation of the
technical issue that
created the
anomaly. Tests
have been
undertaken for VW
Group vehicles for
which the UK
provided type-
approvals, results
will be shared as
soon as they are
available.
Reply to CO2 letter: If
relevant, how many of
the vehicles that were
newly registered in your
country in the calendar
years 2012, 2013 and
2014 were possibly
affected by such
irregularities?
Since no detailed
info on VINs or
engine number was
received, SI cannot
estimate the
number of
registered vehicles
5000 - 10000
vehicles, as
determined by
VW, in traffic in
SE
Still awaiting info
from VW
31
Appendix 2
Information regarding the enforcement of the existing type-approval requirements and measures Member States plan to undertake based on
Article 30.3 of Directive 2007/46 concerning vehicles not in conformity with the approved type
Part I:9
Questions Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark
Have you type-approved
vehicles equipped with
Euro 5 or 6 diesel
engines?
No Yes: Toyota,
Mitsubishi;
Honda, Suzuki
No No No
Have you ever refused
to issue or withdrawn
type-approvals for such
vehicles?
No No Yes, but not
related to
emissions
For the type of vehicles
referred to above for
which you have issued a
type-approval, did you
take any action to verify
their in-use compliance
No Yearly audit by
technical services
No
9Appendix 2 is divided into four parts where part 1 consists of the replies from Austria – Denmark, part 2 consists of the replies from Estonia – Ireland, part 3 consists of the replies
from Italy – Poland and part 4 consists of the replies from Portugal – UK. The information is based on the replies to the letter sent to TAAEG members on 15 October 2015. The
replies were mainly received between October and December 2015. CY, DK, EL and PO added their information when sending in their comments on the draft version of this
information note in May 2016 and CZ, HU, SK, ES and LU updated their replies. The information regarding recalls was updated at the TCMV meeting of 12 May 2016. The
information regarding Article 30.3 is based on the replies to the letter sent on 22 October 2015. The replies were mainly received between October and November 2015. PO added
their information when sending in their comments on the draft version of this information note in May 2016.
32
Questions Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark
with the Euro 5 or 6
emissions requirements?
What specific actions
have you undertaken for
the above mentioned
approved vehicle-types
to verify conformity of
production?
None Yearly COP audit;
for multy-site
manuf- all sites are
audited in 3-years
cycle
N/A - CoP
verification should
be done by the
granting TAA
Tests already done
Have you refused the
sale, registration or
entry into service of
vehicles with Euro 5 or
6 diesel engines on the
basis of Article 27 of
Directive 2007/46/EC
(end-of–series)?
No No No
Have you taken any
measures as referred to
in Article 30(1) of
Directive 2007/46/EC in
relation to vehicles with
Euro 5 or 6 diesel
engines?
No No No No
Have you called upon
other Member States’
type-approval
authorities on the basis
of Article 30(3) of
Directive 2007/46/EC in
relation to vehicles with
Euro5 or 6 diesel
No No No No Informed by the
notes of KBA (1-
7th)
33
Questions Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark
engines?
Have you notified or do
you intend to notify
recalls with regard to
vehicles equipped with
Euro 5 or 6 diesel
engines (cf. Article 32
of Directive
2007/46/EC)? (Updated
at the TCMV meeting of
12 May 2016)
No A voluntary recall
concerning VW
and SKODA
vehicles starts in
May in
cooperation with
the manufacturers
and the Ministry
of Transport,
which is
responsible for the
registration of
vehicles. The
legislators are
investigating the
possibility of
pushing the
owners to
participate in the
recall, connecting
it to the periodic
inspection.
The mandatory
recall is related to
the periodic
inspection. The
owners will receive
an invitation to the
recall campaign,
followed by a
reminder where
necessary. If the
owner does not
update the vehicle
after this reminder,
the vehicle will not
pass the periodic
inspection and
cannot be registered
in DK.
Answer to Letter by G.
Cozigou about measures
Member States plan to
undertake based on
Article 30.3 of Directive
2007/46 regarding
vehicles not in
conformity with the
approved type
No type-approval
for concerned
vehicles and no
action undertaken
No specific actions
based on Article
30.3
34
Questions Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark
Would it be helpful for
the work of TAAS if the
scope of information
provided in the
document that must be
supplied by the
manufacturers for
obtaining emission type
approvals under
Regulation (EC)
715/2007 was extended?
Yes; type-approval
authorities should
be able to analyse
source code of the
ECUs
No
Do TAA have
knowledge of "cycle
sensing" (which by
itself may not be a
"defeat device")?
No Vehicles are based
on the use of
different kinds of
sensors
Yes No
How could such "cycle
sensing" be identified
via testing?
PEMS Comparison test;
e.g. on/off chassis
dynamometer
Still consulting the
CZ and DE
technical services
Using modified test
cycle or PEMS
Should manufacturers
be asked explicitly to
declare the existence of
cycle sensing,
regardless of their
possible use for a
"defeat device" (i.e. to
we expect any useful
information from such
exercise)?
Yes Yes;
manufacturers
should declare that
cycle sensing is
not used as a
defeat device
Yes Yes
35
Questions Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark
How could vehicles,
"suspicious" for bearing
defeat devices, be
identified?
PEMS (need
standardized
procedure);
modified cycles
(all MS should be
notified if the data
is suspicious)
Through CIRCAB
the testing
methodology for
identifying
"suspicious"
vehicles is already
known. Its use for
vehicle testing
should be
discussed with the
technical services
and other
interested parties
Using modified test
cycle or PEMS
Are there any legal
concerns to use the
above-mentioned
sources for the "hunt for
defeat devices" (e.g.
confidentiality clauses)?
Yes - adaptation of
national law is
considered
It is proposed that TAAs
should inform the JRC
about the testing
methods they apply or
intend to apply for
identifying defeat
devices as soon as
possible.
Can be done in
European
Measurement
Campaigns
Yes, however it
should be
appropriate to
specify the unified
form of
information,
including the
range and content
of technical details
36
Questions Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark
It would be possible to
draft and send out a
specific, technical
questionnaire to
manufacturers. Opinion
of TAAs?
Yes; discuss in
TAAEG; Type-
approval
authorities send
questionnaire to
manufacturers for
which they issued
type-approvals
Yes, but we are
not sure about the
effectiveness of
such questionnaire
Should 1st tier
suppliers, generally
responsible for
developing ECU
systems, be contacted
and systematically
questioned for
identifying defeat
device concepts?
Yes, but this is
probably not
effective
No We have doubts
whether this is
successful
Is there an interest to
collaborate with the US
authorities for the
search of defeat
devices?
Yes; additional
testing information
and VW defeat
device information
Yes; both VW DD
and EPA/CARB
37
Questions Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark
The US Notice of
Violation links the VW
case clearly to vehicles
equipped with NOx
after-treatment system
(SCR or DeNOx).
However, VW has
informed the German
authorities that in
Europe only Euro 5
vehicles are affected by
defeat devices, which
means that only the
EGR system is
manipulated because
these vehicles have no
NOx after treatment
system on board. How
are these two cases
related technically?
More info from
VW and KBA
In the US, VW
equipped with
SCR and some
manipulations are
connected with
urea dosing
38
Part 2:
Questions Estonia Finland France Germany Greece Hungary Ireland
Have you type-
approved vehicles
equipped with Euro 5 or
6 diesel engines?
Yes Since 2009: 100
approvals for new
vehicle types and
approximately
1880 extensions
for existing vehicle
types of M1
No No 75 Euro 5 and 89
Euro 6
Have you ever refused
to issue or withdrawn
type-approvals for such
vehicles?
No No No No No
For the type of vehicles
referred to above for
which you have issued a
type-approval, did you
take any action to verify
their in-use compliance
with the Euro 5 or 6
emissions
requirements?
Yes, based on
Annex 2
Audit the volume
manuf. once a
year; IUC/ISC are
checked; no
discrepancies
found
In-use procedures
within 692/2008
What specific actions
have you undertaken for
the above mentioned
approved vehicle-types
to verify conformity of
production?
Verify that the
manufacturer has
an appropriate
quality
management
system; factory
audits, results of
COP are discussed
Verification of the
QM-System or of
the product itself;
KBA checked 75
vehicles since
2010; if
deviations- several
remedial actions
are possible
None COP results
supplied by
manufacturer
Have you refused the The ministry asked Yes- for new Euro No No No; VW
39
Questions Estonia Finland France Germany Greece Hungary Ireland
sale, registration or
entry into service of
vehicles with Euro 5 or
6 diesel engines on the
basis of Article 27 of
Directive 2007/46/EC
(end-of–series)?
VW FR to stop the
registration of end-
of-series vehicles
5 vehicles of VW,
Skoda and Seat
with manipulated
software
voluntarily
suspend sales
Have you taken any
measures as referred to
in Article 30(1) of
Directive 2007/46/EC
in relation to vehicles
with Euro 5 or 6 diesel
engines?
Yes - manuf. was
requested to bring
Euro 5 vehicles
into conformity
No No No
Have you called upon
other Member States’
type-approval
authorities on the basis
of Article 30(3) of
Directive 2007/46/EC
in relation to vehicles
with Euro5 or 6 diesel
engines?
Not for now Yes Contact KBA No No
40
Questions Estonia Finland France Germany Greece Hungary Ireland
Have you notified or do
you intend to notify
recalls with regard to
vehicles equipped with
Euro 5 or 6 diesel
engines (cf. Article 32
of Directive
2007/46/EC)? (Updated
at the TCMV meeting
of 12 May 2016)
Recalls are
voluntary and all
manufacturers are
being treated the
same way. The
VW Group has
assured (letter
from Matthias
Müller, 4 May
2016), that they
will start the recall
of one of the
model variants of
the Volkswagen
Golf 2.0 TDI from
the first week of
May. Technical
solutions of some
model variants of
Volkswagen
Amarok, Audi
models A4, A5,
A6, Q5 and Seat
Exeo are already
available. In
addition, recalls
for some model
variants of
SKODA will also
begin soon.
There is an
ongoing recall
campaign for VW
vehicles
(mandatory recall),
and information
about SKODA and
SEAT are being
collected.
No recall
campaign has
started yet. VW
has informed their
clients in FR that it
will begin early
next year. There is
an ongoing
assessment on
RENAULT
KAPTUR and
KADJAR vehicles.
However, there is
no existing text
that can oblige the
owners to bring in
the vehicles.
In DE, 650000
vehicles are
concerned by the
recall campaign
(voluntary recall).
Yes - starts 2016 -
Monitoring
The ongoing recall
campaign is based
on the engine
codes, basically
concerning VW,
AUDI and
SKODA. A clear
road map of the
recall campaign is
provided.
41
Questions Estonia Finland France Germany Greece Hungary Ireland
Answer to Letter by G.
Cozigou about
measures Member
States plan to undertake
based on Article 30.3 of
Directive 2007/46
regarding vehicles not
in conformity with the
approved type
If investigation
shows that a
vehicle might bear
a defeat device,
Art 30(3) will be
used
No type-approvals;
will control recall
actions proposed
by affected type-
approval
authorities
Would it be helpful for
the work of TAAS if
the scope of
information provided in
the document that must
be supplied by the
manufacturers for
obtaining emission type
approvals under
Regulation (EC)
715/2007 was
extended?
Uncertain on what
information will be
useful
Still discussing;
amendment of the
emission
legislation with
regard to AES is
useful
Asking for more
information cannot
prevent the use of
defeat devices
The Regulation has
to require it
Do TAA have
knowledge of "cycle
sensing" (which by
itself may not be a
"defeat device")?
No Test program is
not finished yet
No experience No
How could such "cycle
sensing" be identified
via testing?
Tests modification;
further
investigation
needed
Nearly impossible
with a fixed test
program; a test
program near the
cycle can give a
hint
Cycle sensing in
itself is not a
defeat device, but
testing for
correlation of data
is possible
Not possible; road
test to detect
'something'
42
Questions Estonia Finland France Germany Greece Hungary Ireland
Should manufacturers
be asked explicitly to
declare the existence of
cycle sensing,
regardless of their
possible use for a
"defeat device" (i.e. to
we expect any useful
information from such
exercise)?
RDE / WLTP will
impose declaration
Yes, but it does not
prevent fraud
Yes, but the
manufacturers
probably removed
any existing defeat
device
Yes, but the
usefulness of this
is limited
How could vehicles,
"suspicious" for bearing
defeat devices, be
identified?
Modified cycle;
UTAC has a
protocol (without
remote sensing
data)
PEMS, modified
NEDC indicates
outliers, then
testing on a chassis
dyno may indicate
illegitimate defeat
devices
Via road tests Change speed and
acceleration of
Type I test
(compare with
PEMS); NEDC
cycle on the road;
new WLTP on the
dynamometer
Are there any legal
concerns to use the
above-mentioned
sources for the "hunt for
defeat devices" (e.g.
confidentiality clauses)?
No
It is proposed that
TAAs should inform
the JRC about the
testing methods they
apply or intend to apply
for identifying defeat
devices as soon as
possible.
Protocol already
submitted to JRC
for approval
Info shared with
COM/JRC
working group on
the special
CIRCABC
platform
Yes
43
Questions Estonia Finland France Germany Greece Hungary Ireland
It would be possible to
draft and send out a
specific, technical
questionnaire to
manufacturers. Opinion
of TAAs?
Yes, because it
would be an
official
commitment by the
manufacturer but it
is complicated
The information on
exhaust after-
treatment
systems/strategies
and PEMS is the
most reliable
This is unlikely to
reveal any
information about
defeat devices
Yes; question on
AECD
Should 1st tier
suppliers, generally
responsible for
developing ECU
systems, be contacted
and systematically
questioned for
identifying defeat
device concepts?
Not useful -
confidentiality b/n
manufacturers and
suppliers
ECU
manufacturers are
outside of the type-
approval
procedure,
therefore it is not
so easy to get
information about
technical details.
KBA is in contact
with some of these
manufacturers.
No, manufacturers
are entitled to
approvals
Ask manufacturer
about ECU
Is there an interest to
collaborate with the US
authorities for the
search of defeat
devices?
Yes, on tests by
CARB and EPA
The vehicles are
not (from a
technical point of
view) identical;
European
collaboration is
more appropriate
Yes
44
Questions Estonia Finland France Germany Greece Hungary Ireland
The US Notice of
Violation links the VW
case clearly to vehicles
equipped with NOx
after-treatment system
(SCR or DeNOx).
However, VW has
informed the German
authorities that in
Europe only Euro 5
vehicles are affected by
defeat devices, which
means that only the
EGR system is
manipulated because
these vehicles have no
NOx after treatment
system on board. How
are these two cases
related technically?
In the EU the focus
is put on different
EGR strategy in
and outside the
cycle and testing
conditions. The
main problem on
the US market was
the reduced dosing
of the Urea outside
the cycle.
LDV need EGR,
HDV need EGR
and NOx after-
treatment
45
Part 3: Questions Italy Latvia Lithuania Luxembourg Malta Netherlands Poland
Have you type-approved
vehicles equipped with
Euro 5 or 6 diesel
engines?
Yes Only second-stage
type-approval, no
type-approval
related to
emissions
Yes: Audi, Ford,
Nissan, Infinity,
Mazda, Subaru
No; only stage 2
LPG plant
installation type-
approval
Yes; category N1,
M1
Yes
Have you ever refused
to issue or withdrawn
type-approvals for such
vehicles?
No No No Yes but not related
to emissions
No
For the type of vehicles
referred to above for
which you have issued a
type-approval, did you
take any action to verify
their in-use compliance
with the Euro 5 or 6
emissions requirements?
Not yet No Annual in-use
control for Audi-
ok results
If the number of
sold vehicles in the
Community in one
year is more than
5000, the
procedure set out
in Regulation
692/2008 and R83
is applied
No need
What specific actions
have you undertaken for
the above mentioned
approved vehicle-types
to verify conformity of
production?
None Annual in-use
control for Audi-
ok results
Actions according
to R83, 692/2008
and audits of
manufacturers
every 1-3 years to
check emission
fuel consumption
results
Just actions with
regard to CO2
46
Questions Italy Latvia Lithuania Luxembourg Malta Netherlands Poland
Have you refused the
sale, registration or
entry into service of
vehicles with Euro 5 or
6 diesel engines on the
basis of Article 27 of
Directive 2007/46/EC
(end-of–series)?
No No No No No No
Have you taken any
measures as referred to
in Article 30(1) of
Directive 2007/46/EC in
relation to vehicles with
Euro5 or 6diesel
engines?
No No Authorized KBA
to take over
No No
Have you called upon
other Member States’
type-approval
authorities on the basis
of Article 30(3) of
Directive 2007/46/EC in
relation to vehicles with
Euro5 or 6 diesel
engines?
No No No No No Request for
clarification from
DE, ES, LU
47
Questions Italy Latvia Lithuania Luxembourg Malta Netherlands Poland
Have you notified or do
you intend to notify
recalls with regard to
vehicles equipped with
Euro 5 or 6 diesel
engines (cf. Article 32
of Directive
2007/46/EC)? (Updated
at the TCMV meeting of
12 May 2016)
In Italy, there is no
legal obligation for
the manufacturer
to recall the
vehicles, nor for
the owner to bring
the vehicle to the
recall centre.
Nevertheless,
according to VW
Italy, the recall
will be carried out
on a voluntary
basis following the
information
provided by the
KBA. The
intention is to link
the recall
campaign to the
periodical
technical
inspection, but for
the moment this is
not legally
possible. Today, a
letter inviting the
owner to
participate in the
recall campaign
must be sent up to
three times, but
there is no legal
obligation for the
owner to follow
the invitation.
There is a recall
campaign for VW,
Audi and SKODA
vehicles. The
owners receive a
letter from the
Ministry,
informing them
that their vehicle is
suspected of
having a defeat
device and inviting
them to the recall.
The owner is free
to follow the
invitation or not.
The obligation of
the manufacturer is
limited to inviting
the owners to
participate in the
recall campaign.
Recall campaign
for VW, SEAT,
SKODA and Audi
(voluntary for the
owner, mandatory
for the
manufacturer). The
Registration
Authority is
supervising the
recall and holds
information
regarding the
involved vehicles
and owners. All
the owners
received a letter
from the
manufacturer or
importer and were
informed on what
the recall exactly
is and that it will
not result in higher
fuel consumption
or lesser engine
capacity. The
Registration
Authority has a
website with the
open recall option
for every
concerned owner,
which is closed
when the vehicle is
fixed.
48
Questions Italy Latvia Lithuania Luxembourg Malta Netherlands Poland
In case of
insufficient results
of the recall
campaign on a
voluntary base,
there are
discussions with
stakeholders to
look into ways of
encouraging
participation.
Answer to Letter by G.
Cozigou about measures
Member States plan to
undertake based on
Article 30.3 of Directive
2007/46 regarding
vehicles not in
conformity with the
approved type
No type-approval
that require action
under art. 30(3);
contacted KBA
Type-approval to
Audi; Audi does
not have Euro 5
engines in
production, the
Euro 6 engines
production is not
concerned with
VW (ordered more
controls)
No type-approval
granted for Audi
AG, Audi
Hungary, Skoda
Auto a.s., Seat
S.A., so no
measures under
art. 30(3); granted
multi stage TA
e4*2007/46*597*0
0
Actions prescribed
in KBA information
based on recall
activity by VW AG
Would it be helpful for
the work of TAAS if the
scope of information
provided in the
document that must be
supplied by the
manufacturers for
obtaining emission type
approvals under
Regulation (EC)
715/2007 was extended?
Should be
explored
Declaration that
there is no defeat
device in order to
make the
manufacturer
responsible
Doubts regarding
the effectiveness
No It is not clear what
kind of information
will be useful
49
Questions Italy Latvia Lithuania Luxembourg Malta Netherlands Poland
Do TAA have
knowledge of "cycle
sensing" (which by itself
may not be a "defeat
device")?
No No experience Yes Aware of the
possibility, but has
never discovered
one
No
How could such "cycle
sensing" be identified
via testing?
Might be
interesting, but a
defeat device can
be installed in
production
Very difficult Test cycle + on the
road checks
RDE maybe
Should manufacturers
be asked explicitly to
declare the existence of
cycle sensing, regardless
of their possible use for
a "defeat device" (i.e. to
we expect any useful
information from such
exercise)?
Yes Yes Yes A review of the
definition of a
defeat device is
needed
Declaration from
one side, but
verification with
using RDE from the
other
How could vehicles,
"suspicious" for bearing
defeat devices, be
identified?
RDE, PEMS,
remote sensing
data, modified
cycles
Any available and
efficient means
RDE + third-party
lab testing of % of
cars
Remote sensing-
does not represent
the overall
emission
behaviour of the
vehicle; modified
cycle data- useful
to identify
suspicious
vehicles; PEMS-
can show large
unexplained
deviations, so only
indication
Using PEMS
50
Questions Italy Latvia Lithuania Luxembourg Malta Netherlands Poland
Are there any legal
concerns to use the
above-mentioned
sources for the "hunt for
defeat devices" (e.g.
confidentiality clauses)?
The definition of
defeat device is
not robust
No
It is proposed that TAAs
should inform the JRC
about the testing
methods they apply or
intend to apply for
identifying defeat
devices as soon as
possible.
Yes Type-approval
authorities follow
regulations; the
Commission
should develop
testing methods
No testing done
for VW
NL is willing to
share experiences
Procedures for
detecting defeat
devices should be
included in the type-
approval authorities
activities
It would be possible to
draft and send out a
specific, technical
questionnaire to
manufacturers. Opinion
of TAAs?
Yes Useful; done by
MS experts and
Com
This would not be
the best solutions
since component
manufacturer may
have a confidential
agreement with
vehicle
manufacturer
Already sent Not done
Should 1st tier suppliers,
generally responsible for
developing ECU
systems, be contacted
and systematically
questioned for
identifying defeat device
concepts?
Yes Yes This could help
but they also
develop devices
that are later used
as defeat devices
- conflict of
interests
This would not be
the best solutions
since component
manufacturer may
have a confidential
agreement with
vehicle
manufacturer
No because the
manufacturer is
responsible
The idea is not clear
51
Questions Italy Latvia Lithuania Luxembourg Malta Netherlands Poland
Is there an interest to
collaborate with the US
authorities for the search
of defeat devices?
Yes, a letter to
EPA has already
been sent
For the moment,
LV has neither the
knowledge nor the
resources to join
There is already
cooperation on the
UNECE level;
exchange of
information on
VW is necessary
Yes Yes It may be useful, but
cooperation within
the EU is obligatory
The US Notice of
Violation links the VW
case clearly to vehicles
equipped with NOx
after-treatment system
(SCR or DeNOx).
However, VW has
informed the German
authorities that in
Europe only Euro 5
vehicles are affected by
defeat devices, which
means that only the
EGR system is
manipulated because
these vehicles have no
NOx after treatment
system on board. How
are these two cases
related technically?
The low AdBlue
consumption of
SCR-equipped
vehicles
indicates that
partially SCR-
deactivation occur
No data
52
Part 4:
Questions Portugal Romania Slovakia Slovenia Spain Sweden UK
Have you type-approved
vehicles equipped with
Euro 5 or 6 diesel
engines?
No No No No Yes No
Have you ever refused
to issue or withdrawn
type-approvals for such
vehicles?
No No No
For the type of vehicles
referred to above for
which you have issued a
type-approval, did you
take any action to verify
their in-use compliance
with the Euro 5 or 6
emissions requirements?
No, in-use
compliance
should, clearly, be
mandatory
What specific actions
have you undertaken for
the above mentioned
approved vehicle-types
to verify conformity of
production?
The TAA that
granted the type-
approval is
responsible for
COP
SL does not have
the facilities for
carrying out
emissions tests
Annual
programme
No type-approvals
but will follow
CoP procedures
53
Questions Portugal Romania Slovakia Slovenia Spain Sweden UK
Have you refused the
sale, registration or
entry into service of
vehicles with Euro 5 or
6 diesel engines on the
basis of Article 27 of
Directive 2007/46/EC
(end-of–series)?
No Yes - 194 units
from which: Audi-
4, Seat-13, Skoda-
68 and VW-109
No Suspended the
authorisation of
selling end-of-
series
No, the VW
representative has
voluntarily
cancelled new
vehicles entries
Have you taken any
measures as referred to
in Article 30(1) of
Directive 2007/46/EC in
relation to vehicles with
Euro5 or 6diesel
engines?
No No The involved
manufacturer was
requested to bring
the vehicles into
conformity
No
Have you called upon
other Member States’
type-approval
authorities on the basis
of Article 30(3) of
Directive 2007/46/EC in
relation to vehicles with
Euro5 or 6 diesel
engines?
No No Waiting for
guidance from the
responsible type-
approval
authorities
In contact with
KBA
No
54
Questions Portugal Romania Slovakia Slovenia Spain Sweden UK
Have you notified or do
you intend to notify
recalls with regard to
vehicles equipped with
Euro 5 or 6 diesel
engines (cf. Article 32
of Directive
2007/46/EC)? (Updated
at the TCMV meeting of
12 May 2016)
Mandatory recall,
VW vehicles. The
authorities are in
direct relation with
the manufacturer's
representatives and
with the affected
vehicles. The
procedures are
linked to the
periodic
inspections. The
vehicles are
identified and must
perform this
procedure
according to the
communication
from KBA.
Recall campaign
for VW vehicles.
The recall is
mandatory for
manufacturers or
the representatives
of the
manufacturer,
which are obliged
to invite the
owners to bring in
the vehicle for the
update. The
owners however
are free to follow
or disregard the
invitation.
The recall
campaign for VW,
Golf and Audi
vehicles, which is
voluntary for the
owner and
mandatory for the
manufacturer,
started on the 1st
of May. The
investigation on
Renault vehicles
revealed that six
models had
problems
regarding
emissions and the
possibility of a
recall of these
vehicles will be
discussed.
Currently, there is
no recall campaign
concerning
SKODA.
The only recall in
place concerns
VW and Seat
models (voluntary
recall).
Voluntary recall.
VW started fixing
vehicles in the UK.
A second testing is
carried out to verify
the newly fixed VW
vehicles. The
approval authority
for SKODA (VCA)
is gathering the file
for the final testing.
55
Questions Portugal Romania Slovakia Slovenia Spain Sweden UK
Answer to Letter by G.
Cozigou about measures
Member States plan to
undertake based on
Article 30.3 of Directive
2007/46 regarding
vehicles not in
conformity with the
approved type
No type-approval
granted for
concerned/mention
ed vehicles. Only
granted UNECE
Reg 83 TA for
vehicles with PI
and LPG engines-
for these checks
for defeat devices
were carried out.
TA aware of
problem so Art.
30(3) should not
be applicable to
the concerned
vehicles.
No type-approval
granted
Skoda/SEAT
compression ignition
engines (EA189-
1,2l, 1,6l, 2,0l);
software solution for
2,0l introduced in
March 2016,
software solution for
1,2l introduced in
June 2016, software
and hardware
solution introduced
in Oct. 2016
Would it be helpful for
the work of TAAS if the
scope of information
provided in the
document that must be
supplied by the
manufacturers for
obtaining emission type
approvals under
Regulation (EC)
715/2007 was extended?
Yes - ECU
calibration data
Yes, but it needs to
be analysed
Yes;
auxiliary/defeat
device to be
declared and,
additionally,
declaration of the
work of the
pollutant control
systems
Info on article 5.2.
a-c and how
manufacturers
apply these
“exemptions" can
be useful
Do TAA have
knowledge of "cycle
sensing" (which by itself
may not be a
"defeat device")?
Yes No Yes No No; need info on
Art. 5.2 a-c and to
also reach
technical service
56
Questions Portugal Romania Slovakia Slovenia Spain Sweden UK
How could such "cycle
sensing" be identified
via testing?
Lab + road test The type I test on
4x4 benches
simulating in the
same time the
movement of the
steering
Test modification RDE; lab.
modified cycles
Difficult- would
require new test
and legislation
Should manufacturers
be asked explicitly to
declare the existence of
cycle sensing, regardless
of their possible use for
a "defeat device" (i.e. to
we expect any useful
information from such
exercise)?
Yes Yes Yes Yes Yes- with
description of their
function so that the
TAA can
scrutinize it
How could vehicles,
"suspicious" for bearing
defeat devices, be
identified?
Studies are needed PEMS Additional tests
Are there any legal
concerns to use the
above-mentioned
sources for the "hunt for
defeat devices" (e.g.
confidentiality clauses)?
There is no legal
method to collect
data for a specific
vehicle through the
other options
No criteria in the
legislation - in
order to be
effective there is
need to mandate it.
Market
surveillance for
Euro 6 is feasible
57
Questions Portugal Romania Slovakia Slovenia Spain Sweden UK
It is proposed that TAAs
should inform the JRC
about the testing
methods they apply or
intend to apply for
identifying defeat
devices as soon as
possible.
Yes Yes, testing
protocol in line
with other
countries
Yes; if there is an
intention to create
a procedure for
detecting defeat
devices, it should
be included in the
provisions for
approval
It would be possible to
draft and send out a
specific, technical
questionnaire to
manufacturers. Opinion
of TAAs?
Yes, can be
developed in IWG
To be introduced
as mandatory in
the new
Framework
Regulation
Yes: question
relating to article
5.2 a-c; do
manufacturers use
defeat devices and
under which
criteria do they
function
Should 1st tier suppliers,
generally responsible for
developing ECU
systems, be contacted
and systematically
questioned for
identifying defeat device
concepts?
Doubts Yes; but the
manufacturer is
responsible for TA
Should be included
in the type-
approval system
Doubts-
scrutinized by the
manufacturer and
not responsible
under the type-
approval
legislation
Is there an interest to
collaborate with the US
authorities for the search
of defeat devices?
Yes Yes Yes. In general,
methodology to
detect defeat
devices
58
Questions Portugal Romania Slovakia Slovenia Spain Sweden UK
The US Notice of
Violation links the VW
case clearly to vehicles
equipped with NOx
after-treatment system
(SCR or DeNOx).
However, VW has
informed the German
authorities that in
Europe only Euro 5
vehicles are affected by
defeat devices, which
means that only the
EGR system is
manipulated because
these vehicles have no
NOx after treatment
system on board. How
are these two cases
related technically?
Maybe the use of
SCR or DeNOx
was not enough to
fulfil the level of
emissions required
in the US. In the
same time,
between Euro 5
and Euro 6, the
installation of NOx
after-treatment
systems was
sufficient.
The performance
of the EGR valve
is controlled by the
ECU of the engine.