Brussels knew carmakers gamed emissions tests before VW scandal

European authorities had evidence that carmakers were using temperature controls to game official emissions tests as early as 2012, raising questions over why more was not done to probe the issue before the Volkswagen revelations last year.

Regulators found an example of technology that manipulated diesel vehicles’ emissions at certain temperatures to comply with lab tests, while they emitted far higher levels of poisonous Nitrogen Oxide, or NOx, on the road.

Email revelations

In one 2012 email a scientist at the European Commission's Joint Research Centre in Italy noted that starting the engine of the car in question below 20 degrees or above 30 degrees led to a "strong increase" in NOx emissions.

The car, whose make has not been identified, had been “optimised” to satisfy the conditions of official emissions tests, according to the email, which also said that “NOx-reducing devices” in the car were “fully activated only in a very specific window.”

An official in the commission’s industry department, responsible for car regulation, replied in an email that the findings were “a clear case of ‘hard’ cycle beating” – jargon for when a carmaker focuses on passing official compliance tests, which take place in a laboratory, rather than on making sure cars really are environmentally friendly.

A commission spokesperson confirmed the accuracy of the emails, stressing that cycle beating is not a legally defined term and that its use did not mean the scientists had uncovered any cheating.

Transport ministry officials from across the EU were informed of the commission’s findings in May 2012, the spokesperson said, adding that national authorities rather than the EU are “responsible for enforcing and policing” emissions limits.

But Gerben-Jan Gerbrandy, a Dutch member of the European Parliament's investigative committee on the VW scandal, said the emails left the commission with questions to answer.

They are “clearly proof that the commission’s industry department and research organisation were already fully aware of hard cycle beating and the use of temperature data to cheat on emissions tests”, he said, adding that he would push for former commissioners to reappear before the committee to discuss the matter.

Increased pressure

The emails increase pressure on national car approval authorities and the commission over NOx emissions which are linked to a number of respiratory diseases.

Criticism has been fuelled by the fact that Volkswagen's cheating was discovered in the US, despite most of the affected cars being sold in Europe.

British and German regulators said earlier this year that manufacturers including Daimler's Mercedes-Benz, General Motors' Opel and VW had installed temperature-sensing software in some of their vehicles.

While the companies have insisted that the technology was needed to protect cars' engines, their explanations have aroused scepticism in some national regulators and the European Commission, which have requested further information.

Greg Archer, clean vehicles director of environmental group Transport & Environment, said that the emails showed "that as long ago as 2012 the European Commission were aware carmakers were optimising the exhaust treatment systems to work best during tests".

"It is shameful that carmakers have been allowed to get away with their manipulation of tests for so long and millions of citizens have died prematurely from the air pollution caused as a result." – (The Financial Times Limited 2016)