Brussels, 17/07/2013 (Agence Europe) - Member states are recommending a ban on the new Mercedes A, B and CLA models that are not equipped with the new approved refrigerant gas and for these models to be withdrawn from sale.
After the clear position taken by the Commission the previous day, upholding France's claim in the dispute with Germany over the French ban on selling new class A, class B and CLA models of Mercedes for failing to comply with new European legislation on air conditioning systems, the Daimler group, which owns Mercedes, suffered a second blow on Wednesday 17 July.
On Tuesday, Commissioner Antonio Tajani categorically called Daimler to order with regard to car manufacturers' obligations to equip air-conditioning systems in their new ranges with less polluting refrigerant gas, as stipulated in Directive 2006/40/EC (“MAC 2”, mobile air conditioning) that entered into force on 1 January (see EUROPE 10890). The German group had failed to comply with the directive, arguing that the HFO-1234yf refrigerant selected by the car industry to comply with the directive obligations was dangerous, and continuing to use the old refrigerant that has a more damaging impact on the environment.
On Wednesday, member states recommended that Daimler withdraw its new class A, B and CLA models from sale. Meeting in the Council's technical committee on motor vehicles, their experts followed the line advocated by Commissioner Tajani. In a press release published after the meeting, the Commission stated that “there was a general consensus that, in their respective responsibilities, the national authorities and car manufacturers must find efficient solutions to ensure European citizens' safety, attain the directive's climate targets, effective functioning of the internal market and fair competition within it, in full respect of the requirements outlined in the EU's legal framework. Member states have acknowledged that with regard to vehicles that do not comply with Community law, corrective measures must be taken to ensure that vehicles comply, including the withdrawal of these non-compliant vehicles that are already being sold on the market, as has already been the case in one member state”.
Discussions with member states will, however, continue over the next few weeks, in an effort to find appropriate solutions, stated the European Commission.
The ban put in place at the beginning of July by France was contested by Daimler but the Commission pointed out on Tuesday that Article 29 of the 2007 directive on approved procedures in the EU allowed a member state temporarily to take protection measures on its market. It has, however, verified that France has respected the procedures relating to activation of this clause.
The injunction served on the Daimler group, demanding that it its new models be equipped with the new refrigerant gas, was also accompanied by the threat of infringement procedures against Germany. The Commission has called on Germany to explain why the competent authorities gave permission to market these models. (EH/transl.fl)