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SK Deputy Minister for Transport and Construction Replies to EMIS

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SK Deputy Minister for Transport and Construction Replies to EMIS A 000130 04.01.2017 Committee of Inquiry into Emission Measurements in the Automotive Sector Written questions to Mr. Viktor Stromček - Deputy Minister for Transport and Construction , Slovakia No. Question 1. What level of priority is given to the emission scandal and the on-going type-approval reform by Slovakia as the Member State currently holding the EU rotating presidency? The investigation into the emission scandal is important for the Slovak Republic. This affair is being actively monitored even though the Slovak Republic has not started its own investigation yet. The Ministry of Transport and Construction (hereinafter “the Ministry”), as the type-approval authority, is in contact with the importers of the offending vehicle models, namely VW, ŠKODA, SEAT and AUDI, and is assessing the number of vehicles which have been recalled for corrective servicing. Type-approval reform is envisaged in a draft regulation to cover type-approval of motor vehicles and of their trailers, systems, components and separate technical units for these vehicles, and for market surveillance of these vehicles. The draft regulation introduces no new type-approval processes, but instead new procedures related to independent technical services and market surveillance. Likewise, it introduces new tools and processes to cover cases such as the aforementioned emission scandal. The Slovak Republic supports type-approval reform. However, not all aspects of the new draft regulation proposed by the European Union would bring the desired effect. Rather it would cause an additional administrative burden. We believe that cases such as the emission scandal should be prevented at the earliest stages, as such prior to granting type-approval, for example through a better vehicle testing methodology, and not retrospectively after vehicles, which have failed to meet established requirements, have already either appeared in the market or been sold to customers and registered. 2. During the Slovak presidency what are your plans in relations to the emission scandal? Texts that would apply to vehicle admissions do not figure in the agendas of working groups chaired by the Ministry which are involved in vehicle approval. However, the Slovak Republic has been prepared to provide assistance at the request of either the Member States or the European Commission, for example as a mediator in joint negotiations aimed toward finding a solution to the scandal. 3. How do you ensure that the emissions of the cars produced in the Slovak Republic are in line with the EC-type approvals (Conformity of production)? What adaptations, if any, would you envisage when the Slovak authorities become responsible for market surveillance in relation to the cars on their territory as envisaged by the proposals on the reform of the type-approval framework? Vehicle manufacturers are solely responsible for the emissions produced by their vehicles in road traffic to be in compliance with EC type- approvals. No legislation guarantees such an obligation for Member States. All vehicles registered in the Slovak Republic have to be subjected to emission controls within a prescribed period. This is a statutory obligation imposed upon vehicle operators where, in the event of a violation, the operator of the vehicle will be sanctioned. The Slovak Trade Inspection, a budgetary organisation within the Ministry of Economy of the Slovak Republic, is responsible for market surveillance in the Slovak Republic. The Ministry is also currently assisting the Slovak Trade Inspection in the development of a control methodology and directly in inspections. Adjustments which need to be made in this area include an increase in staff and a budget able to cover market surveillance obligations. This is going to be clearly necessary after the adoption of the regulation on type- approval of motor vehicles and of their trailers, systems, components and separate technical units, and on market surveillance of these vehicles, as the current Directive 2007/46/EC does not provide for market surveillance. 4. According to Article 4(2) of the Regulation EC 715/2007 durability testing for a light-duty vehicle's pollution control devices shall cover 160,000 km. Have Slovak authorities ever checked whether the long term durability of the emission control systems of in-use vehicles is guaranteed? If so what were the results and can you share them with the EMIS committee? Article 4 of Regulation (EC) 715/2007 establishes obligations for manufacturers in relation to type-approval and to procedures for verifying conformity of production, durability of pollution control devices and in-service conformity. The Slovak Republic has not granted EC type-approvals under Regulation (EC) 715/2007, so it is not carrying out such tests and inspections. The EC Regulation does not oblige Member States to verify the long-term durability of systems to regulate the emissions of vehicles operating in the territory of a Member State and which are registered. 5. In your responses to the questionnaire send on behalf of EMIS committee to the Member States’ authorities you repeatedly deny any government responsibility for cars driven on Slovak roads claiming that you did not grant any EC-type approval. However, there are several obligations in the Regulation 715/2007 and Directive 46/2007 requiring the Member States to monitor the car fleet in their country and report any findings of non-conformity with the type-approved type to the Member State which granted the EC type-approval to verify that vehicle. Do you have a proper market surveillance system in place that allows you to monitor the performance of vehicles in your country? Permit us to revise that statement. The Slovak Republic denied responsibility in the questionnaires for either the emission scandal or verification of conformity of vehicles manufactured by Volkswagen because the Slovak Republic has not granted for VW, ŠKODA, SEAT and AUDI models either EC type-approval of the entire vehicle pursuant to Directive 2007/46/EC or EC type-approval pursuant to Regulation (EC) 715/2007. The Slovak Republic had stated that it does not grant EC type-approvals pursuant to Regulation (EC) 715/2007 nor for other manufacturers, but grants EC type-approvals for entire vehicles under Directive 2007/46/EC. To cover in-service monitoring of vehicles, the Slovak Republic has introduced a system of regular motor vehicle technical inspections and emission controls. These inspections can detect any un-roadworthiness or noncompliance in a vehicle in service. Because this involves the registration of vehicles which could be later modified after they have been registered, it is not possible to verify the conformity of such vehicles to EC type-approval. In addition, neither Regulation (EC) 715/2007 nor Directive 2007/46/EC has exhaustively set out an obligation by the Member States to verify vehicles in service, and there are only stated procedures which should be applied if the Member State finds that a vehicle, system, component or separate technical unit is not in conformity with type-approval. With respect to the aforementioned VW, ŠKODA, SEAT and AUDI models, these procedures are progressively accepting type-approval authorities which grant EC type-approval for the entire vehicle. 6. In the aftermath of the Volkswagen scandal several Member States launched investigations to verify whether the cars sold on their market are affected by the defeat device in question. Slovakia has not started any investigation despite the fact that it has a large Volkswagen plant which is one of the country's biggest private sector exporters, investors and employers. Could you please tell why there is no interest in Slovakia to perform checks on the cars used on Slovakian roads if there is a suspicion that those vehicles are the ones affected? The Volkswagen plant in the Slovak Republic is only the manufacturer’s production plant. It has no connection with the Ministry as the type- approval authority because the Slovak Republic does not grant any one EC type approval for vehicle models manufactured at the production plant. The Slovak Republic has not started an investigation because the individual VW vehicle models have already been tested by other Member States. The European Commission presented guidance during the investigation for Member States not to meaninglessly repeat tests of specific vehicle types which have already been tested. In addition, the manufacturer did not deny the emission scandal. It said exactly which Member States and how many vehicles the scandal concerns. The Ministry is aware of the offending vehicles through representatives from the manufacturers – the importers of these vehicles. 7. If we compare the emission standards in the EU and the USA, they seem to give advantage to local producers and commonly used technologies. In the USA, European car manufacturers have to cope with ambitious NOx standards which factually eliminate broader usage of diesel powered cars on the US market. On the other hand, the EU seems to focus more on CO2 emissions, which leads to CO2 limits hardly reachable with big petrol engines broadly used in the USA. As Transport Minister of your country, can you imagine deepened mutual recognition and legislative coordination between the EU and the USA, with the aim to develop common technologically neutral emission limits and emission testing procedures? As indicated, emission standards in the EU and the United States are different and reflect the willingness and ability to use a particular type of internal combustion engine in vehicles. This is closely linked to fuel prices, which are different in the EU and the United States. However, if the components of exhaust gases are defined as harmful, there is obviously a need to regulate their discharge into the atmosphere, regardless of whether it is NOx or CO2. Mutual recognition, for example of approvals concerning exhaust emissions, is seen as problematic because the testing methods are not the same and thereby aggravate deviations in laboratory testing results from real-driving conditions.
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