Thursday

26th Apr 2018

Investigation

EU states under pressure for laxity on car emissions

  • Did member states place "dissuasive" penalties on the use of illegal cheating software by car companies? (Photo: Michael Coghlan)

The European Commission is not yet reassured member states have fulfilled their obligations on emissions legislation, and is keeping the option of opening infringement procedures on the table.

The commission is worried EU countries may not have properly introduced “effective, proportionate and dissuasive” penalties for the use of defeat devices, the legal term for cheating software of the type Volkswagen used to fool emissions tests.

Thank you for reading EUobserver!

Subscribe now for a 30 day free trial.

  1. €150 per year
  2. or €15 per month
  3. Cancel anytime

EUobserver is an independent, not-for-profit news organization that publishes daily news reports, analysis, and investigations from Brussels and the EU member states. We are an indispensable news source for anyone who wants to know what is going on in the EU.

We are mainly funded by advertising and subscription revenues. As advertising revenues are falling fast, we depend on subscription revenues to support our journalism.

For group, corporate or student subscriptions, please contact us. See also our full Terms of Use.

If you already have an account click here to login.

After the Volkswagen scandal emerged, almost a year ago, the commission asked each of the 28 national governments how they have implemented the penalties requirement, to which they agreed themselves when drawing up the relevant legislation in 2007.

Since then, an exchange of letters has begun between Brussels and the national capitals. Over last months, EUobserver received the majority of them through a freedom of information request.

The commission said it had to ask permission from the member states to release the documents.

On Tuesday (6 September) however, the commission told this website that it had not received permission to release the most recent letters from Austria, Czech Republic, Denmark, France, Germany, and the United Kingdom.

“The documents relate to an ongoing investigation regarding a possible infringement of EU law,” the commission wrote.

It noted that the commission and the member states are in the so-called Pilot procedure, which is a more amicable exchange aimed at resolving issues before it gets to the infringement procedure, which can ultimately lead to fines for member states.

The goal of the Pilot procedures is to avoid infringement procedures, but the “possibility that infringement proceedings will be opened during the EU Pilot procedure cannot ... be ruled out either”, the commission noted.

“For this reason, disclosure of documents in the context of the EU Pilot procedure is also likely to affect the outcome of subsequent infringement proceedings,” it said.

That means that the current commission under leadership of Jean-Claude Juncker might do what the administration under his predecessor, Jose Manuel Barroso, failed to do.

Initially, member states were required to inform the commission about which penalties they had installed for the use of defeat devices in 2009. Not one country was on time.

Subsequently, the commission sent out letters requesting this information in 2013, but received a reply from only eighteen member states. It did nothing to follow-up on those replies, nor did it ask again from the countries that had not sent anything.

The rejection to release documents by the six member states mentioned above, does not automatically prove that the commission will open infringement procedures against these countries, nor does it mean that other countries are already off the hook.

Emissions cheats face tiny fines in some EU states

Fines for car firms that cheat tests in the EU range from €7 million to €1,000. EU commission itself unsure to what extent states complied with rules on "dissuasive" penalties.

Stakeholders' Highlights

  1. European Jewish CongressCalls on Brussels University to Revoke Decision to Honour Ken Loach
  2. Sustainable Energy Week 2018"Lead the Clean Energy Transition"- Register and Join Us in Brussels from 5 to 7 May
  3. EU Green Week 2018Green Cities for a Greener Future. Join the Debate in Brussels from 22 to 24 May
  4. Nordic Council of Ministers12 Recommendations for Nordic Leadership on Climate and Environment
  5. Macedonian Human Rights MovementOxford Professor Calls for an End to the Anti-Macedonian Name Negotiations
  6. ACCAPeople Who Speak-Up Should Feel Safe to Do So
  7. Mission of China to the EUProgress on China-EU Cooperation
  8. Nordic Council of MinistersWorld's Energy Ministers to Meet in Oresund in May to Discuss Green Energy
  9. ILGA EuropeParabéns! Portugal Votes to Respect the Rights of Trans and Intersex People
  10. Mission of China to the EUJobs, Energy, Steel: Government Work Report Sets China's Targets
  11. Martens CentreJoin Us at NET@WORK2018 Featuring Debates on Migration, Foreign Policy, Populism & Disinformation
  12. European Jewish CongressKantor Center Annual Report on Antisemitism Worldwide - The Year the Mask Came Off

Latest News

  1. EU tells platforms to sort fake news by October or face new law
  2. Civil society chief: social media can't replace engagement
  3. The reality behind the €7 'Brexit bombshell visa'
  4. Commission wants bigger post-Brexit budget
  5. Whistleblowers could be enforcers of rule of law in Europe
  6. EU shelves Macron idea for 'European Darpa'
  7. Don't play EU 'games' with military HQs
  8. EU had a plan for Jordan - now it's time to make it work