1. BACKGROUND ON THE REPORT - Europa · REPORT ON THE MEMBER STATES INVESTIGATION FOLLOWING THE EMISSION MANIPULATION CASE 1. BACKGROUND ON THE REPORT The European Parliament, in

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

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


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


What market

surveillance tools are

appropriate for



now confronting and


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


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


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



taken to launch the


at national level

regarding, among




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


been granted?

None No Yes None None No Yes

How many vehicles


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


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


Are Member States

aware of vehicles,




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




now confronting and


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


appropriate for



now confronting and


European law?

Closer

coordination

Review

effectiveness

Harmonised

provisions and

coordinated

enforcement

MS regulations

similar to

agricultural

vehicles and

motorcycles

Include PEMS

testing

13


Regulation (EU) No

715/2007 on Euro5/6 in


Member States to


the breach of the

Regulation.



provide information



this obligation, in



well as information


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



growing divergence


cycle CO2

measurements - New


(NEDC) - and those




such divergences?

Yes Yes Yes Informally Yes /

Officially No

Yes Yes

14




ensure that such

divergence does not


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




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




concerning possible

irregularities

related to the


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


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








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



taken to launch the


at national level

regarding, among




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


been granted?

No Yes Yes - to 22

manufacturers, but

none to the VW

group

Yes (NKS on

second stage)

18


How many vehicles


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


Have the Member

States launched any

specific action

regarding the

manufacturers


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,




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


What type-approval




now confronting and


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


appropriate for



now confronting and


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


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


Member States to


the breach of the

Regulation.



provide information



this obligation, in



well as information


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


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)



growing divergence


cycle CO2

measurements - New


(NEDC) - and those




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




ensure that such

divergence does not


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




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


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.




concerning possible

irregularities

related to the


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








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



taken to launch the


at national level

regarding, among




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.


been granted?

No No No SEAT S.A. No Yes

How many vehicles


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


Have the Member States

launched any specific

action regarding the

manufacturers


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,




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




now confronting and


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


What market


appropriate for



now confronting and


European law?

Supportive of

aligning the market

surveillance

measures with

those for tractors

and motorcycles

Regulation (EU) No

715/2007 on Euro5/6 in


Member States to


the breach of the

Regulation.



provide information



this obligation, in



well as information


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




growing divergence


cycle CO2

measurements - New


(NEDC) - and those




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



ensure that such

divergence does not


practices?

None Enforce

Conformity

Production, RDE

and WLTP should

improve the

situation

RDE

In case unlawful

practices from

manufacturers are




the legislation?

Withdrawal of

type-approval,

fines, recall

vehicles

30





concerning possible

irregularities

related to the


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


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.







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


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


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



Euro5 or 6 diesel

No No No No Informed by the

notes of KBA (1-

7th)

33


engines?

Have you notified or do

you intend to notify

recalls with regard to


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


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


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


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


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




vehicles?

No No No No No








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



the above mentioned



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








(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


in Article 30(1) of


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



type-approval


of Article 30(3) of


in relation to vehicles

with Euro5 or 6 diesel

engines?

Not for now Yes Contact KBA No No

40






Euro 5 or 6 diesel


of Directive


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



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


the work of TAAS if

the scope of

information provided in

the document that must

be supplied by the

manufacturers for


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



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





cycle sensing,

regardless of their

possible use for a

"defeat device" (i.e. to



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,


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




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




specific, technical

questionnaire to


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


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



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


The US Notice of



equipped with NOx


(SCR or DeNOx).

However, VW has

informed the German

authorities that in

Europe only Euro 5



means that only the

EGR system is

manipulated because


NOx after treatment


are these two cases


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



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




vehicles?

No No No Yes but not related

to emissions

No









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



the above mentioned



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








(end-of–series)?

No No No No No No

Have you taken any


in Article 30(1) of



Euro5 or 6diesel

engines?

No No Authorized KBA

to take over

No No



type-approval


of Article 30(3) of



Euro5 or 6 diesel

engines?

No No No No No Request for

clarification from

DE, ES, LU

47






Euro 5 or 6 diesel


of Directive



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


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.




undertake based on


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




provided in the


supplied by the

manufacturers for


approvals under

Regulation (EC)


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


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



via testing?

Might be

interesting, but a

defeat device can

be installed in

production

Very difficult Test cycle + on the

road checks

RDE maybe




cycle sensing, regardless

of their possible use for

a "defeat device" (i.e. to



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,


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


Are there any legal

concerns to use the

above-mentioned




The definition of

defeat device is

not robust

No



about the testing


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



specific, technical

questionnaire to


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


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




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



equipped with NOx


(SCR or DeNOx).

However, VW has

informed the German

authorities that in

Europe only Euro 5



means that only the

EGR system is

manipulated because


NOx after treatment


are these two cases


The low AdBlue

consumption of

SCR-equipped

vehicles

indicates that

partially SCR-

deactivation occur

No data

52

Part 4:




Euro 5 or 6 diesel

engines?

No No No No Yes No




vehicles?

No No No









No, in-use

compliance

should, clearly, be

mandatory



the above mentioned



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









(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


in Article 30(1) of



Euro5 or 6diesel

engines?

No No The involved

manufacturer was

requested to bring

the vehicles into

conformity

No



type-approval


of Article 30(3) of



Euro5 or 6 diesel

engines?

No No Waiting for

guidance from the

responsible type-

approval

authorities

In contact with

KBA

No

54






Euro 5 or 6 diesel


of Directive



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





undertake based on


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




provided in the


supplied by the

manufacturers for


approvals under

Regulation (EC)


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




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




cycle sensing, regardless

of their possible use for

a "defeat device" (i.e. to



exercise)?

Yes Yes Yes Yes Yes- with

description of their

function so that the

TAA can

scrutinize it

How could vehicles,


defeat devices, be

identified?

Studies are needed PEMS Additional tests

Are there any legal

concerns to use the

above-mentioned




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




about the testing


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



specific, technical

questionnaire to


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


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



authorities for the search

of defeat devices?

Yes Yes Yes. In general,

methodology to

detect defeat

devices

58


The US Notice of



equipped with NOx


(SCR or DeNOx).

However, VW has

informed the German

authorities that in

Europe only Euro 5



means that only the

EGR system is

manipulated because


NOx after treatment


are these two cases


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.

Documents

1. BACKGROUND ON THE REPORT - Europa · REPORT ON THE MEMBER STATES INVESTIGATION FOLLOWING THE EMISSION MANIPULATION CASE 1. BACKGROUND ON THE REPORT The European Parliament, in