27. The representative from Clean Air Association introduced GRPE-86-20 proposing to amend UN GTR No. 15 and its definition of defeat device. The representative from the EC informed that litigation cases where still on-going with respect to this definition, and suggested all legal cases are settled before looking at a potential amendment to this definition. The representative from the UK added that the Court of Justice of the European Union (CJEU) has clarified that the notion of damage should be interpreted as sudden, and wondered if the proposal was necessary given that the CJEU ruling clarified the subject matter.

28. The representative from Japan, former secretary to the IWG on WLTP, added that the definition had been simplified in the latest amendments to UN GTR No. 15. The representative from the Netherlands, former Chair of the IWG on WLTP, added indeed that the exemptions to the definition were moved to another part of UN GTR No. 15, but remained.

29. The Chair acknowledged this was an important issue, and that some regions have clarified the matter, and that in GRPE many on-going activities (such as the forthcoming UN Regulation on RDE or the finalization of the 08 series of amendments to UN Regulation No. 83) could potentially have an impact on this definition. He invited GRPE to potentially re-visit the topic when discussing the 08 series of amendments to UN Regulation No. 83.