- Wissing warns of the decommissioning of millions of diesel vehicles
German Transport Minister Volker Wissing (FDP) warns the EU Commission against the shutdown of millions of diesel vehicles. Background is a possible new interpretation of the compliance with emission limits. A procedure is pending before the European Court of Justice (ECJ). Wissing demands clarification in a letter to EU Commission President Ursula von der Leyen, which was obtained by the German Press Agency.
Initially, the "Bild" newspaper had reported on this. Wissing told the newspaper that the EU Commission must now act quickly. "I am greatly concerned."
The Brussels authority initially did not respond to a request from the German Press Agency. It remained unclear for the time being whether the EU Commission wants to interpret the regulations as described by Wissing. A spokesperson for the ADAC called discussions about a threatened shutdown "unsound".
Procedure before the court
In the letter to von der Leyen, Wissing refers to a procedure before the ECJ regarding a preliminary ruling request from the Regional Court of Duisburg. This also involves the compliance with emission limits for Euro 5 diesel vehicles. Euro 5 is an emission standard.
According to EU law, the emission values must be complied with under certain conditions (so-called NEDC test). This happens in test centers.
For the approval of new vehicle types from the "Euro 6d temp" standard onwards, the so-called RDE procedure has applied since September 2017 - with which certain conditions from everyday driving with the car can also be simulated.
New requirements?
In the court procedure, the EU Commission has now, according to Wissing, represented the view that the emission limits would also apply outside the "operating and environmental conditions" of the NEDC procedure, namely for every driving situation.
This would mean that the limits would also have to be complied with during so-called "full-load drives" with inclines - and this would mean: if a car is fully loaded and driving uphill, reaching its maximum possible performance and emitting relatively more pollutants.
Wissing warns of consequences
"This is currently not feasible with the state of the art and would thus represent an unrealizable retroactive requirement for the vehicles in circulation," Wissing writes in the letter.
All Euro 5 approvals would be called into question. Consequences for vehicles after the Euro 6 emission standard would also not be excluded.
"Millions of vehicles are thus threatened with being taken off the road," Wissing says. Alone in Germany, around 4.3 million Euro 5 and potentially 3.9 million Euro 6 diesel vehicles would be affected.
According to figures from the Federal Motor Transport Authority, there were around 49 million passenger cars in operation in Germany at the beginning of 2024.
A solution could, according to Wissing, consist of clarifying the relevant regulations before the ECJ decision.
The ADAC also calls for clarification, as does the automotive industry, to avoid further confusing consumers, a spokesperson said. The vehicles in question had been approved in accordance with the regulations. "Changes in the measurement procedure for the type approval of a motor vehicle at a later date cannot, in the opinion of ADAC lawyers, be applied retroactively." A driving ban would be "far-fetched" under these circumstances.
Even the president of the German Association of the Automotive Industry (VDA), Hildegard Müller, called on the federal 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 approval through a legal clarification. "Retroactive applications of new procedures and standards would in any case be a violation of the principle of non-retroactivity and the rule of law in EU and German constitutional law."
The letter from Volker Wissing to EU Commission President Ursula von der Leyen references a court procedure regarding emission limits for Euro 5 diesel vehicles, which could potentially result in vehicles being taken off the road due to the interpretation of emission values applying to every driving situation, not just under test conditions. (This sentence contains the phrase: 'Emission values')
Wissing warns of significant consequences, as complying with these stricter emission limits during full-load drives with inclines might be unfeasible with the current technology, putting millions of Euro 5 and potentially Euro 6 diesel vehicles at risk of being removed from circulation. (This sentence contains the phrase: 'Emission value')
