Wissing warns of the decommissioning of millions of diesel vehicles

Federal Minister of Transport Volker Wissing (FDP) warns the EU Commission against decommissioning millions of diesel vehicles. The background is a possible new interpretation regarding the compliance with pollutant limits. There is an ongoing procedure at the European Court of Justice (ECJ). Wissing calls for clarification in a letter to EU Commission President Ursula von der Leyen, which is available to the German Press Agency.

Initially, the "Bild" newspaper reported on this. Wissing told the newspaper that the EU Commission must act quickly now.

"I am very concerned."

The European Commission is following this ongoing procedure at the European Court of Justice, a spokesperson said in response to Wissing's letter.

"The Commission will always advocate for solutions that contribute to healthy clean air while also being feasible and protecting the trust of European citizens and businesses."

Proceedings in Court 

In the letter to von der Leyen, Wissing refers to a case before the CJEU regarding a so-called preliminary ruling request from the Duisburg Regional Court. This also concerns the compliance with pollutant limit values for Euro 5 diesel vehicles. Euro 5 is an emission standard.

According to EU law, the pollutant levels must be adhered to under certain conditions (the so-called NEDC test). This occurs in testing centers. 

For the approval of new vehicle types from the "Euro 6d temp" standard onwards, the so-called RDE procedure has been in force since September 2017 - which additionally allows certain real-world conditions to be simulated with the car.

New Regulations?

In the legal proceedings, the EU Commission has now argued, according to Wissing, that the pollutant limit values would apply in every driving situation, even outside the "operating and environmental conditions" of the NEDC procedure. 

This would mean that the limit values would also need to be adhered to during so-called "full load driving" with an incline - which means: when a car is fully loaded and driving uphill, and the engine reaches its maximum possible performance, emitting comparatively more pollutants. 

Wissing warns of consequences

"This is not feasible with the current state of technology and would thus represent an unachievable subsequent requirement for vehicles in operation," Wissing wrote in the letter. 

All Euro 5 approvals would be put into question. Consequences for vehicles meeting the Euro 6 emission standard cannot be ruled out either.

"Millions of vehicles are thus at risk of being decommissioned," Wissing stated.

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 cars were in operation in Germany at the beginning of 2024.

A solution, according to Wissing, could be to make a clarification in the relevant regulations before the ECJ decision.