Proposal of amendments to promote harmonization, legal certainty, and environmental protection in the 08 series of amendments.

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.

Proposal:

1. 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.
2. 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.
3. 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.

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.

79. The representative from the Clean Air Association introduced GRPE-85-27 and GRPE-85-32 as a presentation of the Clean Air Association, as requested by AC.2 (ECE/TRANS/WP.29/1161, para 19.). The representative from OICA sought clarifications about an acronym used in the presentation. GRPE noted GRPE-85-27 and GRPE-85-32 and thanked the Clean Air Association for introducing those to GRPE.

79. The representative from the Clean Air Association introduced GRPE-85-27 and GRPE-85-32 as a presentation of the Clean Air Association, as requested by AC.2 (ECE/TRANS/WP.29/1161, para 19.). The representative from OICA sought clarifications about an acronym used in the presentation. GRPE noted GRPE-85-27 and GRPE-85-32 and thanked the Clean Air Association for introducing those to GRPE.