BRUSSELS (dpa-AFX) - The EU Commission does not want to retroactively change regulations on compliance with emission limits for cars, which could lead to the decommissioning of millions of diesel vehicles. The Brussels authority has no intention of making retroactive changes, according to a letter from EU Internal Market Commissioner Thierry Breton to German Transport Minister Volker Wissing. Nor does the Commission want to take any measures "that would in any way disadvantage citizens who have bought cars in good faith". It was also emphasized that no additional administrative burden should be placed on car manufacturers. The letter is available to the Deutsche Presse-Agentur.

FDP politician Wissing had previously warned the EU Commission against the decommissioning of millions of diesel vehicles and demanded clarification in an incendiary letter to Commission President Ursula von der Leyen. The background to the debate is a case before the European Court of Justice (ECJ). The main issue is compliance with exhaust emission standards - i.e. pollutant limits for diesel vehicles.

According to the Federal Ministry of Transport, the Minister does not believe that the EU Commissioner's letter has allayed his concerns. The Commission emphasized that it was not planning any retroactive measures for car manufacturers and citizens. But that is not the point. It would not be the Commission but the ECJ that would make this decision, emphasized a spokeswoman. "For this reason, it is now important to clarify the European regulations, as proposed by Federal Minister Wissing." Wissing had already approached his EU counterparts in this regard.

EU regulations on pollutant levels

According to EU law, the pollutant values must be complied with under certain conditions (so-called NEDC test). This is done in test centers. As a result of the diesel scandal, emissions tests under real driving conditions (RDE) were also developed. Such a procedure now also applies to the approval of new vehicle types from the "Euro 6d temp" standard. According to the Commission, the ECJ had already ruled in an earlier judgment that emissions tests should no longer be limited to laboratory tests. However, older Euro 5 and Euro 6 diesels are registered according to the NEDC and do not meet the RDE guideline values.

According to Wissing, the EU Commission took the view in the court proceedings that the pollutant limits would apply to every driving situation. This would mean that the limit values would also have to be complied with when driving at full load on an incline - for example, when a fully loaded car drives uphill and emits comparatively more pollutants. According to Wissing, this is not feasible with the current state of technology. All Euro 5 approvals would be called into question. Consequences for vehicles complying with the Euro 6 emissions standard are also not ruled out. "Millions of vehicles are therefore threatened with being taken out of service," said Wissing in his letter.

Decision of the court open

Breton called Wissing's assumption "misleading" in the reply letter he had been asked to send by Commission President von der Leyen. The Commission had merely stated "that the car emission limits must be complied with under normal operating conditions", a spokesperson added. This does not mean every driving situation. The authority had also never changed its position on this issue. Breton wrote: "Without prejudging the outcome of the pending court case, the Commission will continue to call for solutions that promote clean and healthy air and require a predictable and enforceable legal framework."

According to the Commission, the rulings affect vehicles that were placed on the market between 2011 and 2018, before the currently applicable test procedures came into force.

Decommissioning legally questionable

The ADAC emphasized that the affected vehicles had been properly registered. "In the opinion of ADAC lawyers, changes to the measurement procedure for the type approval of a vehicle at a later date cannot be applied retroactively." Against this background, an operating ban is "absurd".

The President of the German Association of the Automotive Industry (VDA), Hildegard Müller, also emphasized: "Retroactive application 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."/rdz/hgo/DP/he