Activities of Miriam DALLI related to 2019/0101(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 715/2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information
Amendments (15)
Amendment 22 #
Proposal for a regulation
Recital 7
Recital 7
(7) On 13 December 2018, the General Court delivered judgment in Joined Cases T-339/16, T-352/16 and T-391/1622 concerning an action for annulment of Regulation (EU) 2016/646. The General Court annulled the part of Regulation (EU) 2016/646 which established the conformity factors used to assess compliance of RDE test results with the emission limits laid down in Regulation (EC) No 715/2007. The Court found that only the legislator could introduce those conformity factors as they touched uponmodified an essential element of Regulation (EC) No 715/2007 by de facto amending the limits on emissions of oxides of nitrogen laid down for the Euro 6 standard referred to therein. __________________ 22Judgment of 13 December 2018, Ville de Paris, Ville de Bruxelles and Ayuntamiento de Madrid v Commission, T-339/16, T- 352/16 and T-391/16, EU:T:2018:927.
Amendment 24 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The General Court observed that the system which seeks to introduce a conformity factor, a multiplier of the limits on emissions of oxides of nitrogen laid down for the Euro 6 standard, necessarily entails the amendment of that standard itself, unlike a typical measuring system, which takes into account the performance and possible errors of the measuring equipment by making corrections to the measurements themselves, but not to the limits which must be observed. In view of the very high value of the CF, 2,1 and 1,5, the levels of emissions of NOx measured during the RDE test may be, respectively, up to more than two times greater and up to one and a half times greater than the limits on those emissions laid down for the Euro 6 standard, without a test being regarded as having been failed. The not-to-exceed values for emissions of NOx resulting from the claimed technical and statistical uncertainties do not make it possible to verify, with a reasonable degree of reliability, whether or not the limits of those emissions laid down for Euro 6 standard, are observed by a vehicle during an RDE test.
Amendment 25 #
Proposal for a regulation
Recital 8
Recital 8
(8) The General Court did not questioned the technical justification of the conformity factors. Therefore, and given that at the current stage of technological development there is still a discrepancy between emissions measured in real driving and those measured in a laboratory, it is appropriate to introduce the conformity factors into Regulation (EC) No 715/2007. in its ruling, in particular as regards the temporary conformity factor of 2,1 and its margin of statistical uncertainty. The Court stated that “statistical uncertainties (the risk that results may be unrepresentative as compared with overall reality) are corrected by work to ensure the representativeness of the sample or of the testing (representativeness of the test) or by the volume of testing (the number of tests), and not by stating the results may be subject to a margin of error of 60%”1a. Moreover, the Court went on to say that “RDE tests have ‘matured’ over a long period of time, since the work on those tests began in January 2011 and the Commission had the time to clarify and standardise the RDE sufficiently so that they are representative of real driving conditions on the road in order to prevent in that regard a 60% degree of uncertainty as to their results”1b. In addition, the main focus of Regulation (EU) 2016/427, which inserted Annex III A into Regulation (EC) No 692/2008, and in particular of point 4 of that annex and its 11 appendices, is to describe in very specific detail the components of an RDE test and how it is to be conducted. __________________ 1aJudgment of 13 December 2018, Ville de Paris, Ville de Bruxelles and Ayuntamiento de Madrid v Commission, T-339/16, T-352/16 and T-391/16, EU:T:2018:927, paragraph 139. 1bJudgment of 13 December 2018, Ville de Paris, Ville de Bruxelles and Ayuntamiento de Madrid v Commission, T-339/16, T-352/16 and T-391/16, EU:T:2018:927, paragraph 142.
Amendment 29 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) During the negotiations on the mandatory introduction of the RDE in the Technical Committee on Motor Vehicles on 6 and 28 October 2015, a temporary conformity factor of 2,1 was agreed, to address the alleged statistical uncertainty. That CF of 2,1, referred to as Euro 6 TEMP, cannot legally be justified and was intended as a phase-in value to accommodate the demands of the industry. That is also why the CF of 2,1 was vigorously criticised by the European Parliament and it has now been declared invalid by the judgment of the General Court. Tt is appropriate therefore to delete the temporary conformity factor of 2,1 introduced by Regulation (EU) 2016/646.
Amendment 31 #
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8 b) The Court also stated in its judgment that a margin of error of 50 %, corresponding to the ‘FINAL’ CF of 1,5, which is explained by the existence of a margin of technical uncertainty, represents half the value, which is supposed to be measured and that, if that margin is converted into a real margin of error as compared with the measurement by the equipment, this results in a margin of 33 % (a measurement of 120 mg/km may correspond in reality to emissions of 80 mg/km, one third less than the value measured or to emissions of 160 mg/km, two times greater than the standard allows). That means that it is impossible to determine, following an RDE test, whether the vehicle being tested complies with those limits or is even close to them.
Amendment 32 #
Proposal for a regulation
Recital 8 c (new)
Recital 8 c (new)
(8 c) Any measurement equipment has a margin of error, even under laboratory conditions, and manufacturers already take this into account when designing vehicles to meet regulatory limits. PEMS equipment has been found to have a somewhat larger margin of error compared to non-mobile laboratory equipment, but this in fact can mean both, over- and under-estimating emissions. It is unacceptable that those uncertainties are used only one-sidedly at the expense of public health without a clear end date.
Amendment 39 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order to allow manufacturers to comply with the Euro 6 emission limits in the context of RDE test procedure, the compliance criteria for RDE sha conformity factor could be introduced in two steps. During the first step, upon the request of the manufacturer, a temporary conformity factor should apply, while as a second step only the final conformity factor should be usedtemporarily address the technical uncertainty for the PEMS equipment. The Commission should keep under annual review the finaltemporary conformity factors in light of technical progress until its complete phase-out by 31 December 2021.
Amendment 45 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) In order to ensure that only the best available technology of PEMS equipment is used by the type-approval authorities to perform the RDE test in the framework of the type-approval process, it is important that the Commission takes all necessary measures to accelerate the on- going development of standards by the European Committee for Standardization regarding the performance of PEMS NOx and particulate matter (PM) measurement.
Amendment 61 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Those obligations include meeting the emission limits set out in Annex I. For the purposes of determining compliance with the Euro 6 emission limits set out in Table 2 of Annex I, the emission values determined during any valid Real Driving Emissions (RDE) test shall be divided by the applicabletemporary conformity factor set out in Table 2a of Annex I until its complete phase-out by 31 December 2021. The result shall remain below the Euro 6 emission limits set out in Table 2 of that Annex.;
Amendment 64 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EC) No 715/2007
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
The compliance with the Euro 6 limit values shall, during any valid RDE test, be determined by taking into account the pollutant-specific temporary conformity factor set out in Table 2a of Annex I, until its complete phase-out by 31 December 2021, in accordance with the second subparagraph of Article 4(1).
Amendment 68 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EC) No 715/2007
Article 10 – paragraph 5 – subparagraph 2
Article 10 – paragraph 5 – subparagraph 2
The compliance with the Euro 6 limit values shall, during any valid RDE test, be determined by taking into account the pollutant-specific temporary conformity factor set out in Table 2a of Annex I, until its complete phase-out by 31 December 2021, in accordance with the second subparagraph of Article 4(1).;
Amendment 72 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
(a) supplementing this Regulation in order to adapt the procedures, tests and requirements as well as the test cycles used to measure emissions in order to adequately reflect real driving emissions in line with ISO standards;
Amendment 79 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 715/2007
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) amending this Regulation in order to adapt to technical progress the pollutant- specific finaltemporary conformity factors set out in Table 2a to Annex I until its complete phase-out by 31 December 2021.;
Amendment 91 #
Proposal for a regulation
Annex – paragraph 1
Annex – paragraph 1
CF 1,432 1,5 - - - pollutant- finaltemp (2) (2) CF pollutant-finaltemp is the temporary conformity factor used to determine compliance with the Euro 6 emission limits by taking into account the technical uncertainties linked with the use of the Portable Emission Measurement Systems (PEMS). until its complete phase-out by 31 December 2021.
Amendment 100 #
Proposal for a regulation
Annex – paragraph 1
Annex – paragraph 1
Regulation (EC) No 715/2007
Annex I – table 2a – row 3
Annex I – table 2a – row 3