European Commission (EC) authorities have launched the first steps of an infringement procedure against Germany for its supposed non-compliance with the Mobile Air Conditioning Directive (MAC).
The highly contentious issue has pitted Germany and specifically, Mercedes-Benz, against the EC and French car licencing administration (Systeme d’Immatriculation des Vehicules), which last year banned the automaker from selling its A, B, CLA and SL models using the r134a refrigerant as opposed to the lower-polluting r123yf variant.
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France’s highest Court, the Council of State, overturned that ban, but the issue subsequently dragged in the German road safety authority, the KBA, the EC’s Joint Research Centre and Berlin’s department of transport as well as EC trade vice-president, Antonio Tajani.
The latter fired off letters to the German Minsters of Economy and Transport noting: “The current situation of non-compliance by some manufacturers is endangering the proper functioning and consistency of the internal market [and] is also leading to unfair competition in the internal market”.
Mercedes maintains under certain conditions r1234yf can be ignited in extreme situations, but producer, Honeywell, insists it is: “The safest and most environmentally-friendly refrigerant” and has expressed surprise “one company flouts European law in such a flagrant manner.”
Last week at the North American International Auto Show in Detroit, German automotive association, VDA president, Matthias Wissmann, told just-auto the body was urging the EC to allow two forms of refrigerant for use in passenger cars.
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By GlobalData“Yesterday (23 January), the EC wrote a formal notice to Germany,” a European Commission spokesman told just-auto from Brussels. “This is the first process of the infringement procedure, but it is not an infringement.
“With this letter, the EC asked [for] clarification from Germany. The EC is not asking Germany to change the law – this is the first formal step. The steps were approved by the college of Commissioners.”
Germany now has two months to return to the Commission with its response.
Yesterday, the EC also sent a pilot letter to three Member European Union States authorities that have informed the Commission of similar practices – extension of old vehicle approvals – by their respective type-approval authorities and requesting more information on the situation.
The countries are the UK, Belgium and Luxembourg.
Mercedes-Benz was not immediately available for comment.
