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Real Driving Emissions and NOx limits

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Euro 5 and 6 Regulation (EC) No 715/2007 of the Europen Parliament and the Council sets the emission limits for cars for regulated pollutants, in particular nitrogen oxides (NOx, i.e. the combined emissions of NO and NO2) to 80 mg/km. The need to adopt the current proposal results directly from the Judgement of the General Court judgment in Direct Actions T-339/16, T-352/16 and T-391/16.

In the Judgement the Court finds that Regulation (EU) 2016/646 (an implementing act adopted under the Regulatory Procedure with Scrutiny) 'de facto' modifies the limit of 80mg/km set by Regulation (EU) 715/2007 through the so called "confomity factors" by allowing for a higher level of emissions in real-driving emission tests than when measuring emissions under laboratory conditions. The Court finds that only the legislator itself could have introduced the conformity factors. The Court has therefore annulled the part of Regulation (EU) 2016/646, which established the conformity factors. To avoid legal uncertainty on the type approvals already granted since 1 September 2017, the General Court delays the effects of the annulment by a maximum period of 12 months, to give time to the Commission to implement the judgment. With this proposal, the Commission aims to re-instate the previously adopted conformity factors. TRAN and IMCO will provide opinions to the ENVI report.