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.

30. The representative from the European Commission introduced ECE/TRANS/WP.29/GRPE/2023/2, GRPE-87-26-Rev.1 and GRPE-87-43 related to the new 08 series of amendments to UN regulation No. 83. With this new series of amendments it will be equivalent to the European emission level Euro 6e. The representative from OICA introduced GRPE-87-10 and requested additional time to scrutinize GRPE-87-26-Rev.1. The representative from the UK highlighted the importance of this proposal for their regulatory framework and hoped for a final proposal to be adopted during this session of GRPE.

35. GRPE adopted ECE/TRANS/WP.29/GRPE/2023/2 as amended by GRPE-87-26-Rev.1, as reflected in Addendum 1, and requested the secretariat to submit it to WP.29 and AC.1 for consideration and vote at their June 2023 sessions as draft new 08 Series of Amendments to UN Regulation No. 83.

32. The representative from the Clean Air Association introduced GRPE-87-25. The Chair wondered why the representative from CAA did not propose to amend UN regulation No. 154, as the definition of defeat devices was moved there to avoid duplication. The representative from CAA stipulated they initially focus their effort on UN Regulation No. 83. The representative from OICA concurred with the Chair that the definition had been removed from UN Regulation No. 83 to have it in UN regulation No. 154.

33. The representative from the EC confirmed the intention was to make UN Regulation No. 83 as tight as possible, and said that given national litigation still on-going, the European Commission had no mandate to amend this definition. The Chair agreed the timing to make this proposal does not fit some national circumstances.

34. The representative from CAA said the intention of this proposal was to address contracting parties outside of the EU in the spirit of harmonization. GRPE rejected the proposal from the representative from the CAA.