Guidance from the European Commission has been published to aid Member States evaluate if car manufacturers use defeat devices or other strategies which lead to higher vehicle emissions outside the test cycle.

“National investigations into the emissions scandal are revealing a large number of car manufacturers use strategies that increase emissions outside of the test cycle,” said Internal Market, Industry, Entrepreneurship and SMEs Commissioner, Elzbieta Bienkowska

Discover B2B Marketing That Performs

Combine business intelligence and editorial excellence to reach engaged professionals across 36 leading media platforms.

Find out more

“This is illegal unless technically justified in exceptional cases, and the burden of proof lies with the carmaker.

“Cheating cannot be tolerated. Today we are offering guidance to Member States on how to enforce the law better.”

Defeat devices are banned by EU law but there is an exemption for when the need is “justified” in the Commission’s view, to protect the engine against damage or accident and ensure the safe operation.

The guidance will enable Member States to take a position on the legality of emission strategies revealed by car manufacturers during their national investigations, started at the Commission’s request in the wake of the Volkswagen revelations.

“The Commission has taken important steps to improve the measurement of vehicle emissions with tests in real driving conditions, which will also reduce the possibility of cheating,” added a statement from the Brussels body.

“And a year ago it tabled a proposal to introduce more quality and independence in vehicle testing and more European oversight – this proposal is now pending adoption by the European Parliament and Council.”

Just Auto Excellence Awards - Nominations Closed

Nominations are now closed for the Just Auto Technology Excellence Awards. A big thanks to all the organisations that entered – your response has been outstanding, showcasing exceptional innovation, leadership, and impact.

Excellence in Action
Continental has secured the Window Displays Innovation Award in the 2025 Just Auto Excellence Awards for its Window Projection solution, transforming side windows into dynamic, data-rich canvases. Discover how this compact projection technology and intelligent software are reshaping in-car UX and opening fresh revenue streams for OEMs and mobility providers.

Discover the Impact