World Forum for the Harmonization of Vehicle Regulations | Session 171 | 14-17 Mar 2017
Geneva

Session scheduled to coincide with the Geneva Motor Show. Please note that informal documents WP.29-171-35 and WP.29-171-36 have not been made available.

Agenda Item 8.1.
Exchange of information on enforcement of issues on defects and non-compliance, including recall systems

101. The representative of the Russian Federation informed WP.29 about the domestic system of recall. In 2016 about 90 recall campaigns including more than 1 million cars took place. In 2017 up to now there were 17 campaigns including more than 250 thousand units recalled. It was also stressed that according to the amendments to the UN Regulation No. 44, adopted during the June 2016 session, which excluded “Guide straps” from the definition of “Child restraint system”, the producer of the guide straps agreed with the special recall program in the Russian Federation in January 2017, adopted by the Russian administrative authorities.

102. The representative of the EU informed the WP.29 on enforcement activities, legislative measures and recalls actions. Last year and in the beginning of this year, the European Commission sent several requests for additional information to the Member States regarding follow up to their investigation reports. The EC also launched several EU Pilots (non-contentious part of the infringements procedure) to the Member States, requesting clarifications on implementation of rules on penalties as foreseen in Regulation 2007/715 and Directive 2007/46, and addressed Letters of Formal Notice (formal infringement procedure) to several Member States regarding remedial action taken with regard to the vehicles affected by the illegal defeat device. Analysis of the received information is ongoing. Regarding legislative measures, RDE Regulation 2 (NOx) and RDE 3 (PM) have been adopted (RDE 2 applicable since May 2016, RDE 3 currently under scrutiny by co-legislators). The adoption of RDE 4 – in-service conformity – is envisaged for end of 2017. In addition, reform of the Type Approval rules is ongoing. Finally, concerning recalls the representative of the EU informed WP.29 that 22 Member States announced recall action; four of them mandatory while the remaining ones are on a voluntary basis.

103. The representative of the United States provided an update on ongoing enforcement activities. He noted that there were recent announcements on various aspects of the defeat device case applicable to VW in terms of civil and criminal aspects of this case, including support given to consumers. He also noted that earlier this year the US EPA had announced its investigation into activities related to FCA. He stated that these cases were ongoing and that further information will be provided as these cases develop.

104. The representative of Canada provided an overview of recent Canadian developments related to the Volkswagen issue. In December 2016, Canada’s federal Competition Bureau announced that it reached a consent agreement with Volkswagen Group Canada Inc. and Audi Canada Inc. that includes a $15 million monetary penalty to address the Bureau’s conclusions that false or misleading environmental marketing claims were used to promote affected ‎2.0 L diesel vehicles. In addition, the federal Competition Bureau participated in a proposed class action settlement agreement that Volkswagen reached with consumers whereby Volkswagen would buyback or fix affected 2.0 L diesel vehicles and provide restitution payments to vehicle owners.  The measures in the proposed settlement are estimated to total up to $ 2.1 billion.  The proposed settlement remains to be approved by Canadian courts and discussions towards a potential class action settlement relating to affected 3.0 L diesel vehicles are expected to proceed.  Finally, Environment and Climate Change Canada’s Enforcement Branch is continuing its investigation into alleged violations of Canada’s vehicle emission regulations. If sufficient evidence of violations are found, enforcement action would be taken in accordance with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999.

105. The secretariat announced that under the activity of the Special Envoy for Road Safety a helmet workshop would be held in Kuala Lumpur, Malaysia, on the 7th of April for the purpose of improving this aspect of road safety in the countries of south east Asia.

Documentation
WP.29/2017/46 Proposal for draft guidelines on cyber security and data protection