16 Amendments of Bas EICKHOUT related to 2016/2215(INI)
Amendment 31 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. The RDE test endorsed by the TCMV on 28 October 2015 introduced a "temporary conformity factor" of 2.1 with the effect of allowing vehicles to emit 168 mg/km of NOx in the RDE test applicable to all new vehicles from September 2019 (new vehicle types from September 2017), i.e. four years after the entry into force of the Euro 6 80mg/km limit value. A "final conformity factor" of 1.5 applies to all new vehicles from 2021 (new vehicle types from 2020) with the effect of allowing vehicles to emit 120 mg/km of NOx in the RDE test.
Amendment 47 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. The Commission did not make appropriate use of the information generated by the JRC in 2009 and 2010, and deliberately diminished the relevance of the findings by not publishing full details including vehicle types. This constitutes maladministration. In addition to the creation of an RDE working group, the Commission should have investigated on potential defeat devices and pursued Member States action regarding the discrepancies measured between NEDC tests and emissions on the road.
Amendment 57 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 59 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. The Commission Directorate General in the lead for implementing the regulation privileged industrial interests over the protection of health and respect of EU air quality legislation. The failure to tackle serious non-respect of EU internal market standard and air pollution source policy instrument constitutes maladministration.
Amendment 68 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. The conformity factors set in Commission Regulation (EU) No 2016/427, at a level which results in a de facto blanket derogation from the applicable emissions limits set out in Annex I to Regulation (EC) No 715/2007 for a substantial period of time, run counter to the aims and content of that regulation, and consequently the European Parliament Committee on Legal Affairs recommended that the RDE test be considered ultra vires as exceeding the empowerment contained in Article 5(3) of Regulation (EC) No 715/2007, thus contravening EU law.
Amendment 74 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Despite the evidence that Commission services were suspecting the use of defeat devices, the Commission officials heard by the committee of inquiry claimed defeat devices were generally not considered among the possible reasons behind the discrepancies between laboratory and on-road NOx emissions and it was not generally suspected that they could be in actual use in any passenger car produced in the EU before the Volkswagen revelations in September 2015.
Amendment 94 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Unlike in the case of heavy-duty vehicles, car manufacturers were not required to disclose or justify their emission strategies. WithoutHaving such an obligation, identifying with certainty a defeat device implemented in software by reverse engineering is a lengthy and burdensome operation with no guarantee of suc would facilitate controlling for defeat devicess. Even with RDE tests, the risk that defeat strategies are used cannot be completely excluded in the future.
Amendment 96 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. There is no consistent application of EU law in the 28 Member States, thus creating uncertainty in the interpretation of legal provisions and undermining the single market.
Amendment 111 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. The Commission had no legal basis to search for defeat devices itself, but had the legal obligation to oversee the Member States’ enforcement of the ban on defeat devices. However, in spite of the awareness of, and communication between the relevant Commission services on, possible illegal practices by manufacturers, the Commission neither undertook any further technical or legal research or investigation on its own nor requested any information or further action from the Member States to verify whether the law may have been infringed. This contravenes the Commission's obligations as guardian of the Treaties.
Amendment 115 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. In 2013, the Vice-president of the Commission responsible the implementation of Regulation (EC) No 715/2007 did not undertake adequate action upon a letter from the Commissioner for the Environment proposing to seek a collective response from the Commission in view of the concerns on vehicle emissions. The Commission failed to request information from Member States and pursue options (both at EU and national level) to deal with those vehicles in the existing fleet which do not comply with the legal emission limits in normal driving conditions. This constitutes maladministration.
Amendment 123 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. The Commission should have ensureddocuments made available to the committee of inquiry do not permit to judge the claim that the JRC’s research findings and concerns discussed among the Commission services with regard to possible illegal practices by manufacturers did not reach the level of the hierarchy.
Amendment 126 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. The Commission should have shown more initiative and diligence as regards the possible use of illegal defeat devices by car manufacturers given the general suspicion and numerous indications thereof. The JRC should have received the mandate from the Commission to investigate whether the reported suspicious behaviours of certain vehicles have any illegal connotations.
Amendment 162 #
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38 a. One of the structural weaknesses of the current type-approval framework in Europe is that it is only the type-approval authority that granted a type-approval to a given vehicle that can effectively withdraw the certificate of conformity that was given to the vehicle concerned.
Amendment 175 #
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42 a. On the basis of the public results from the national investigations, in addition to the defeat device discovered by US authorities in Volkswagen engines, a majority of diesel vehicles seem to employ defeat strategies. Inaction by the Member States authorities to require manufacturers to remove - any temporal modulation of emission control devices, - thermal modulation beyond what is strictly necessary for engine protection, and - other strategies which result, inter alia, in higher emissions with hot start in laboratory conditions, constitutes contravention of EU law.
Amendment 189 #
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49 a. As guardian of the Treaties, the Commission should take infringement action, in the event that Member States do not act upon the findings of the recent investigations and require manufacturers to remove any temporal modulation of emission control devices, unnecessary thermal modulation, and other defeat strategies which result, inter alia, in higher emissions with hot start in laboratory conditions.
Amendment 195 #
Motion for a resolution
Paragraph 54 a (new)
Paragraph 54 a (new)
54 a. The Commission deliberately obstructed and delayed the delivery of documents and information to the Committee to impede the use of such information for hearings of previous Commissioners and officials. This breaches the principle of sincere cooperation between the institutions.