
The Clean Air Association has consultative status to the World Forum for Harmonization of Vehicle Regulations (WP.29) at the United Nations Economic Commission for Europe (UNECE). The WP.29 is a transnational regulatory forum which develops regulatory frameworks for vehicles, working to make vehicles safer and more environmentally friendly (see e.g., NEDC, WLTP and RDE Regulations).

At the 86th session of the WP.29's Working Party on Pollution and Energy (GRPE), the Clean Air Association proposed amending the definition of a "defeat device" found in some UN Regulations. The Association's proposal would have made expressly clear that a defeat device could be justified only in the exceptional circumstance where there is a risk of immediate damage to the engine. CAA's proposal would help ensure that UNECE members could interpret defeat device provisions uniformly, something which has become more challenging following CJEU judgments which are binding only in EU Member States. The CAA's complete proposal can be found [here](https://unece.org/transport/documents/2022/05/informal-documents/clean-air-association-proposal-amendment-un-gtr-no).

At the 86th session of the GRPE, the European Commission (the Commission) objected to the CAA proposal, noting that litigation with respect to the defeat device definition is ongoing and suggested that once they are settled the definition could be looked at for potential amending. The Chair of the GRPE acknowledged that the CAA amendment touched on an "important issue" and that some regions have clarified the matter. He invited GRPE to potentially revisit the topic when discussing the 08 series of amendments to UN Regulation No. 83. You can find the full report of the 86th GRPE session [here](https://unece.org/sites/default/files/2022-10/ECE-TRANS-WP29-GRPE-86r1e.pdf). 

Following several seminal CJEU cases,\[1\] which touched on the defeat device definition and its exceptions, the Commission submitted its proposal for a new 08 series of amendments to UN Regulation No. 83. The complete proposal can be found [here](https://unece.org/sites/default/files/2022-10/GRPE-2023-2e.pdf). A key feature of the proposal is that it effectively requires manufacturers to submit documents to authorities proving "sudden and irreparable damage" in line with an exception for the use of a defeat device present in the regulations. Furthermore, the proposal sets out a methodology that national authorities can follow to determine whether a manufacturer's emissions strategy complies with the relevant emissions regulation.

The CAA welcomes these aspects of the Commission's proposals, which conform to the interpretation adopted by the CJEU and achieve the objectives of the CAA's earlier proposal.

As the CAA prepares for the upcoming 87th session of the GRPE, it intends to further scrutinise other aspects of the Commission's proposal and put forward amendments promoting cleaner air.

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\[1\]: See C-128/20 GSMB Invest GmbH & Co. KG v Auto Krainer GmbH [2022] ECLI:EU:C:2022:570, C-134/20 IR v Volkswagen AG [2022] ECLI:EU:C:2022:571, DS v Porsche Inter Auto GmbH & Co. KG, Volkswagen AG [2022] ECLI:EU:C:2022:572, and Deutsche Umwelthilfe eV v Bundesrepublik Deutschland [2022] ECLI:EU:C:2022:857.



The Clean Air Association has been granted consultative status to the World Forum for Harmonization of Vehicle Regulations at the United Nations Economic Commission for Europe (UNECE).

In a recent decision, the World Forum for Harmonization of Vehicle Regulations, commonly known as WP.29, decided to grant consultative status to the CAA, thereby giving us the opportunity to actively participate in the process of creating and improving global vehicle standards. The decision was announced at WP.29's 186th session in March.

We are very pleased with the news and are looking forward to getting started on our WP.29-related projects. The Association will act for the public's interest in clean air.

The Association will publish its agenda for its participation at the UNECE in the coming weeks.


*Updated 12 September 2022*

Back in September 2015, the public were shocked to learn that Volkswagen cheated US emissions regulations. US agencies and departments moved swiftly to penalize VW and remedy the matter. Upon the Environmental Protection Agency publishing its findings, the US Department of Justice began prosecuting VW and the individuals involved. The fines levied on the company were historic. VW was apologetic, promising the publication of the Jones Day report and appeared remorseful before the House of Commons select Transport Committee.

Come 2016, VW's tone changed. No longer was it remorseful but adamant that it had done nothing wrong in selling similarly uncompliant vehicles to EEA+UK consumers. In fact, it blamed test cycle regulations and claimed there were exceptions, which would allow the manufacturer to program its vehicles to carry defeat devices. In coming years, it turned out that VW wasn't the only manufacturer which employed defeat devices in its vehicles. In fact, most major manufacturers were found to incorporate such devices in order to comply with typical emissions regulations. The EU emissions regulations were actually very generous when it came to NOx emissions with limits set multiple times higher than those in the US. 

As legal challenges mounted in Europe, in a rather strange bid, using the already criticised comitology procedure, the EU's Commission adopted a Regulation without input from the European Parliament. This Regulation introduced "Real Driving Emissions" to the testing framework of Diesel vehicles being approved for driving on EEA+UK roads. This seems like a great idea. However, the Commission noted that the manufacturers needed time to "adjust" and introduced a "conformity factor" element to the regulations. The Commission set a conformity factor of 2.1 for Euro 6d-Temp vehicles, meaning that such vehicles would be tested in labs, then on the road, but would be allowed to emit 2.1 times the lab limit, which had not changed. Ségolène Royal—the then French Minister of Ecology, Sustainable Development and Energy—noted in a recent interview that she was against France's position on the matter but, because of a "trade-off" and the influence of the "automotive lobby", France supported the passing of this Regulation. 

So how does the beautiful city of Paris play a role in all of this? Well, one of the consequences of emissions regulations not being enforced is that the NOx emissions in cities reach dangerous levels. The EU had set targets for NOx and other pollutants for cities to achieve. These limits were not being achieved, in part because of the lack of regulatory enforcement. In an era where judgments and rulings were coming to effect on the matter of defeat devices, the Commission, with haste, adopted a measure which allowed manufacturers to emit in excess of the emissions limits. Thus, the cities of Paris, Brussels and Madrid brought an Article 263 TFEU action for the annulment of the Commission's RDE regulation. 

The General Court of the ECJ held that the Commission's RDE Regulation was in fact unlawful. It noted that the Commission had acted outside the scope of the prerogative afforded to it to amend aspects of the original Regulation. The court held that, by introducing conformity factors, the commission had engaged in the "de facto amendment of the limits on emissions of oxides of nitrogen laid down for the Euro 6 standard, contained in Annex I to Regulation No 715/2007…". The judgment is a rather interesting read and we would encourage you to take a [look](https://curia.europa.eu/juris/document/document.jsf?text=&docid=208983&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=405331). 

Germany took the side of the Commission, and with the support of the European Automobile Manufacturers' Association (EAMA), Romania and Slovakia, the General Court's finding was appealed before the Court of Justice. The appellants reasoned that the cities which had brought the case before the General Court did not have standing and that the annulment should be set aside. The Cities bringing the action had reasoned that the introduction of Conformity Factors directly affects them legally, as it impairs their ability to effect policies and comply with their EU obligations directed at preserving and/or improving air quality. The cities further reasoned that it factually affected them as the actual effect of the regulations would have an adverse effect on air quality in cities. The Court of Justice dismissed the reasoning of the cities, the Advocate General and the General Court, finding that the cities did not have standing in the first place to bring an action under Article 263 as the provisions relating to Conformity Factors did not directly concern them and set aside the annulment of the Commissions RDE Regulation.

The Court did not address any of the substantive issues relating to the lawfulness of the Commission's Regulation. This means that the highest authority on this point remains the deliberations of the General Court. Hence, while the Commission's introduction of the 2.1 Conformity Factor was most probably unlawful, apart from Member States it was unlikely for any person or entity to establish its direct concern. Given national interests and the influence of bodies like the EAMA at national and European levels, it was unlikely for a Member State to bring an action under Article 263.



NOx emissions are harmful and hazardous to human health. Recent findings from the Department for Environment, Food and Rural Affairs (DEFRA) has found that exposure to NOx “has an effect equivalent to 23, 500 deaths annually in” in the UK. Studies have repeatedly shown that a great portion of these deaths is a result of excess NOx, i.e. NOx that would otherwise not be emitted if emissions regulations are followed.

In September of 2015 Volkswagen had been reported by the EPA (Environmental Protection Agency) to have violated the Clean Air Act of the United States. Volkswagen had been using what had deemed a ‘defeat device’ in its diesel-powered cars, effectively altering the vehicles emissions when the vehicle recognized it was undergoing testing. This in turn leads to staggering differences between the emissions reported under testing conditions and emissions reported under real driving conditions. After the scandal, questions were raised as to whether the use of defeat devices was common practice amongst other passenger vehicle manufacturers. To answer these questions, in the EU, several studies, both by the European Commission, national authorities and independent organizations, have pointed out the NOx emission disparities that persist between the New European Driving Cycle (NEDC), which is a standardized emission test in the Union and Real Driving Emissions (RDE). These studies all point out that a plausible explanation behind the disparities is the use of defeat devices. These disparities contribute to the European Union’s failure to meet its NOx emission objectives.



The Clean Air Association is currently working towards building a free-to-access database of technical vehicle information. We hope that by publishing car specifications, technical information and ECU data in an accessible manner, we can help both other organisations as well as consumers to be better informed about vehicles on our roads and their impact on our health and the environment.



The Clean Air Association had the pleasure of attending the United Nations Economic Commission for Europe 81st session of the Working Party on Pollution and Energy. The Clean Air Association has undertaken research into UNECE Regulations and seeks to propose an amendment to Regulation No.83 in pursuit of cleaner air.


We all breathe
the same air.

Our Mission

The Clean Air Association is a non-profit organization dedicated to the preservation and improvement of air quality.

Latest updates

The European Commission proposes amendments to emissions regulations following CAA proposal

CAA granted consultative status to WP.29

We all breathethe same air.

Our Mission

The Clean Air Association is a non-profit organization dedicated to the preservation and improvement of air quality.

Latest updates

The European Commission proposes amendments to emissions regulations following CAA proposal

CAA granted consultative status to WP.29

We all breathe
the same air.