GAR | GRPE-86-20

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Document Title	UN GTR15: Proposal for amendment
Reference Number	GRPE-86-20
Date	27 May 2022
Summary	Proposal: To ensure and promote a high level of protection for the environment and human health. The underlying purpose of paragraph 3.5.7, when read in conjunction with paragraph 5.3.4, is to ensure a high level of protection for environment and human health. In making clear and encouraging the proper application of these provisions, this amendment furthers the aims sought to be achieved through paragraphs 3.5.7 and 5.3.4 of the Regulation. To ensure and promote consumer confidence in the quality of vehicles subject to UN GTR No. 15. Given the widespread use of defeat devices (justified or otherwise) in the preceding years, consumer confidence in regulatory regime’s ability to conform with its underlying purpose has dwindled. This amendment makes clear and encourages the proper application of the text of the Regulation with respect to defeat devices. In doing so, consumers will be more confident in proper application of the provision. To promote legal certainty. It is recognised that it is for the members of the WP.29 to interpret the provisions of Regulations at a national level. However, it is critical that Regulations of the WP.29 are clear and precise. The addition of the term "immediate" as an adjective to the term "damage" in subparagraph (a) to section 3.5.7 would make it clear that delayed or gradual damage to the engine does not justify the use of a defeat device.
Source(s)	CAA
Rulemaking Area(s)	GTR No. 15 WLTP and UN R83 Motor Vehicle Emissions
Meeting(s)	GRPE \| Session 86 \| 30 May-2 Jun 2022 3. (b) UN Global Technical Regulations Nos. 15 and 19
Related Documents
Related Documents	GRPE-87-25		UN R83: Proposal to amend GRPE/2023/2
Downloads
UNECE server	.pdf format		.docx format
Excerpts from session reports related to this document
GRPE \| Session 86 \| 30 May-2 Jun 2022			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.