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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.
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