Brussels calls the debate about diesel cars "misleading"

The European Commission does not plan to retrospectively amend regulations to comply with pollutant limits in cars, which could potentially lead to the decommissioning of millions of diesel vehicles. The Brussels authority does not intend to make retrospective changes, according to a letter from EU Internal Market Commissioner Thierry Breton to German Transport Minister Volker Wissing.

Furthermore, the Commission does not wish to take any measures "that would disadvantage citizens who bought cars in good faith in any way."

It was also emphasized that additional administrative burdens should not be imposed on car manufacturers. The letter is available to the German Press Agency.

Wissing warned the EU Commission about the decommissioning of diesel vehicles

The FDP politician Wissing had previously warned the EU Commission about the decommissioning of millions of diesel vehicles and demanded clarification in an urgent letter to Commission President Ursula von der Leyen. The background to the debate is a case before the European Court of Justice (ECJ), which essentially concerns the compliance with emission standards - i.e., pollutant limits for diesel vehicles.

According to the Federal Ministry of Transport, the minister sees his concerns confirmed by the letter from the EU commissioner. Although the Commission emphasizes that it does not plan retrospective measures for car manufacturers and citizens, this is not the issue. It would not be the Commission but the ECJ that would make this decision, emphasized a spokesperson.

"For this reason, it is now important, as proposed by Federal Minister Wissing, to make a clarification in the European regulatory framework."

Wissing has already approached his EU counterparts on this matter. 

EU Regulations on Pollutant Levels

According to EU law, pollutant levels must be adhered to under certain conditions (so-called NEFZ testing). This takes place in test centers. Following the diesel scandal, emissions tests under real driving conditions (RDE) were also developed. Such a procedure has now become mandatory for the approval of new vehicle types starting from the "Euro 6d temp" standard. According to the Commission, the European Court of Justice (ECJ) has already ruled in a previous decision that emissions tests should no longer be limited to laboratory tests. However, older Euro-5 and Euro-6 diesels are approved according to the NEFZ and do not meet the RDE standards.

In the court case, the EU Commission argued, according to Wissing, that the pollutant limits would apply to every driving situation. This would mean that the limits would also have to be met during so-called full-load driving with an incline - such as when a car is fully loaded driving uphill and emits comparatively more pollutants. According to Wissing, this is not feasible with the current state of technology. All Euro 5 approvals would be called into question. Consequences for vehicles according to the Euro 6 emission standard are also not excluded.

"Millions of vehicles face decommissioning," Wissing wrote in his letter.

Court Decision Remains Open

In his response letter, which he was asked to provide by Commission President von der Leyen, Breton called Wissings' assumption "misleading."

The Commission had merely established "that car emission limits must be adhered to under normal operating conditions," added a spokesperson.

This does not mean every driving situation. The agency has also never changed its position on this matter. Breton wrote:

"Without preempting the outcome of the pending court proceedings, the Commission will continue to promote solutions that favor clean and healthy air and promote a predictable and enforceable legal framework."

According to Commission information, the judgments affect vehicles that were put on the market before the currently applicable testing procedures came into force, between 2011 and 2018.