Internal Market and Industry Commissioner Elzbieta Bienkowska, appearing before the European Parliament commission of inquiry into the Volkswagen scandal on Monday 12 September, announced that she would be opening a number of infringement proceedings next month.
Remaining somewhat guarded initially, hinting that she might open infringement proceedings – though only once she had all the information to hand – the commissioner finally revealed in an exchange with Seb Dance (S&D, UK) that “you will definitely see some infringement procedures next month”, after the MEP wondered why it was that no proceedings had so far been undertaken even though the body of evidence seemed to be growing.
In her introductory statement, Bienkowska expressed her deep unhappiness at the way some member states had behaved. “To be honest, I am not at all satisfied with the reaction (from the member states) I’ve got so far. Not at all satisfied. We are still on and on repeating all of our questions and they are not fully responded to”, she said. In her view, there can be no doubt that some member states failed in their duty of market surveillance, a failure for which they alone are responsible, under European legislation. Latterly, the Commission, its suspicions roused, asked the member states which had submitted their emissions investigation report (Germany, France, United Kingdom and Italy) to provide further information on the methodology used (see EUROPE 11610).
Bienkowska’s announcement was welcomed by Environment Commissioner Karmenu Vella, who followed her mid-evening, and by many MEPs. Some, including Karima Delli (Greens/EFA, France), however, highlighted a contradiction in Bienkowska’s stance: categorically refusing to set up a European market monitoring agency yet criticising the lack of cooperation from the member states. Bienkowska’s predecessor as industry commissioner, Antonio Tajani, came out in favour of an agency of this kind (see EUROPE 11617).
On the issue of the definition of cheat devices (Article 5, Regulation 715/2007), Bienkowska felt that the definition was clear but that the exceptions were not. She did not rule out the possibility of amending the definition at some point in the future to give it greater clarity, even though no member state had drawn attention to any lack of precision, she repeated.
She did not spare the motor car industry and said she had strong suspicions that car makers other than Volkswagen had used cheat devices. Germany has recently accused Fiat of using such devices (see EUROPE 11616). (Original version in French by Pascal Hansens)