The German Transport Minister has written an urgent letter to the EU Commission. According to him, many diesel cars could potentially be taken off the road. What does the Brussels authority say?
Federal Transport Minister Volker Wissing (FDP) is warning the EU Commission against shutting down millions of diesel vehicles. The background to this is a possible new interpretation of compliance with pollutant limits. Proceedings are currently underway before the European Court of Justice (ECJ). In a letter to EU Commission President Ursula von der Leyen, which has been made available to the German Press Agency, Wissing is demanding clarification.
The “Bild” newspaper was the first to report on this. Wissing told the newspaper that the EU Commission must now act quickly. “I am very worried.”
The European Commission is following this ongoing case at the European Court of Justice, a spokeswoman said of Wissing’s letter. “The Commission will always work towards solutions that contribute to healthy, clean air and are at the same time implementable and protect the trust of European citizens and businesses.”
Proceedings in court
In the letter to von der Leyen, Wissing refers to proceedings before the ECJ regarding a so-called request for a preliminary ruling from the Duisburg Regional Court. This also concerns compliance with pollutant limits for Euro 5 diesel vehicles. Euro 5 is an emissions standard.
According to EU law, the pollutant values must be complied with under certain conditions (so-called NEDC test). This happens in test centers.
Since September 2017, the so-called RDE procedure has been in place for the approval of new vehicle types from the “Euro 6d temp” standard onwards – with which certain conditions from real everyday driving can also be simulated.
New guidelines?
According to Wissing, in the court proceedings the EU Commission has now taken the view that the pollutant limits also apply outside the “operating and environmental conditions” of the NEZF procedure and for every driving situation.
This would mean that the limits would have to be complied with even during so-called “full-load driving” on an incline – and that means when a fully loaded car drives uphill and the engine reaches its maximum possible power and emits comparatively more pollutants.
Wissing warns of consequences
“This is not feasible given the current state of technology and would therefore represent an unrealizable subsequent requirement for vehicles in circulation,” Wissing said in the letter.
All Euro 5 approvals would be called into question. Consequences for vehicles complying with the Euro 6 emissions standard have not been ruled out either.
“Millions of vehicles are at risk of being taken out of service,” said Wissing. In Germany alone, 4.3 million Euro 5 and possibly 3.9 million Euro 6 diesel vehicles would be affected.
According to figures from the Federal Motor Transport Authority, around 49 million passenger cars were in operation in Germany at the beginning of 2024.
According to Wissing, one solution could be to clarify the provisions in question before the ECJ makes its decision.
ADAC and the automotive industry also demand clarification
The ADAC considers clarification to be absolutely urgent in order to avoid further uncertainty among consumers, as a spokeswoman said. The vehicles in question were properly registered. “Changes to the measurement procedure for the type approval of a vehicle at a later date cannot, in the opinion of ADAC lawyers, be applied retroactively.” Against this background, an operating ban is “absurd”.
The President of the Association of the German Automotive Industry (VDA), Hildegard Müller, also called on the German government and the EU Commission to quickly clarify the approval of older diesel vehicles. Müller told the Düsseldorf “Rheinische Post” (Friday) that the EU Commission must secure the approval through legal clarification. “Retroactive application of new procedures and standards would in any case be a violation of the principle of non-retroactivity and the rule of law principle in EU and German constitutional law.”
Source: Stern
