EU to Make it Difficult for Carmakers to Cheat on Their Emissions

In the wake of the Volkswagen revelations, the European Commission said on January 26 it is publishing guidance to help EU Member States evaluate if car manufacturers use defeat devices or other strategies that lead to higher vehicle emissions outside of the test cycle and analyse whether they are technically justified.

"National investigations into the emissions scandal are revealing that a large number of car manufacturers use strategies that increase emissions outside of the test cycle,” European Commissioner for Internal Market, Industry, Entrepreneurship and SMEs Elżbieta Bieńkowska said.

"This is illegal unless technically justified in exceptional cases, and the burden of proof lies with the carmaker. Cheating cannot be tolerated. Today we are offering guidance to Member States on how to enforce the law better,” the Commissioner added.

The Commission reminded that defeat devices are clearly banned by EU law but there is an exemption for when the need for the device is justified to protect the engine against damage or accident and to ensure the safe operation of the vehicle. The guidance will enable the Member States to take a position on the legality of the emission strategies revealed by car manufacturers during their national investigations, initiated at the Commission’s request in the wake of the Volkswagen revelations, the EU’s executive arm said.

The Commission noted that it has taken important steps to improve the measurement of vehicle emissions with tests in real driving conditions, which will also reduce the possibility of cheating. A year ago, the Commission tabled a proposal to introduce more quality and independence in vehicle testing and more European oversight – this proposal is now pending adoption by the European Parliament and Council, it said.