A counter attack is being organised at the Commission as part of the motor vehicle emissions scandal. On Wednesday 17 May, the Commission announced that it would begin infringement proceedings against Italy, for failing to meet its obligations under EU vehicle type-approval legislation with regard to Fiat Chrysler Automobiles.
Elżbieta Bieńkowska, the Commissioner for the Internal Market and Industry stated on this occasion that, “The emissions scandal has shown that the responsibility to enforce the law and punish those who violate it can no longer be left solely to individual Member States”.
The procedure is part of the mediation requested by the German Transport Department in 2016 in an effort to resolve a disagreement that pitted him against the Italian transport department. The disagreement focuses on non-compliance of nitric oxide emissions (NOx) and the use of a cheat device in the Italian manufacturer’s model approved in Italy (see EUROPE 11616).
Following conflicting German and Italian tests, the Commission argued that the Italian reasons provided were “insufficient”. The guardian of the treaties is also calling on the member state to adopt corrective measures regarding the FCA type in question and to impose penalties on the car manufacturer.
Under current rules (Directive 2007/46/EC, which sets the general framework, and Regulation (EC) 715/2007), which establishes the specific type-approval requirements for the emissions from Euro 5 and Euro 6 cars), the Commission points out that it is the responsibility of the Member State which approved a vehicle type (commonly referred to as "model") to address any non-compliance of production and vehicles of that type before putting it on the market. In this case involving a car manufacturer breaching the legal requirements, the national authorities must take corrective action (such as ordering a recall) and apply penalties.
Italy now has two months to respond to the arguments put forward by the Commission; otherwise, the Commission may decide to send a reasoned opinion.
At the European Parliament, the decision was welcomed by the Chairperson of the transport and tourism committee Karima Delli (Greens/EFA, France). She encouraged the Commission to take action against member states that were failing in this area and pointed out that, “the member states cannot authorise their major car manufacturers to infringe the laws protecting the environment and the health of European citizens”.
The announcement of another infringement procedure was expected. The Commission has expressed its annoyance on a number of occasions regarding the lack of response from the motor vehicle manufacturers and member states as part of the ‘Dieselgate’ affair (see EUROPE 11729). Last year, it also opened a raft of infringement proceedings against seven member states (see EUROPE 11685).
The procedure also comes at a time that negotiations on the revision of the legal a framework for the type approval and motor vehicle market monitoring are making steady progress at the Council. The latter has just approved a political agreement on a compromise between member states (see EUROPE 11787). (Original version in French by Pascal Hansens)