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Approval and market surveillance for cars

The European Union is modernising the system which approves market entry and monitors performance of cars in use across the EU. In the wake of significant irregularities - on matters such as car emissions - the EU is looking to improve control tests and adapt to new technologies.

The proposed changes will strengthen:

  • quality of testing - by improving technical services involved in the process of granting market access for cars
  • market surveillance - by allowing member states and the European Commission to carry out spot-checks on vehicles already on the market in order to detect failures at an early stage 
  • governance of the type-approval system - by creating a forum for representatives of relevant national authorities who will exchange information on enforcement

Why is this needed?

In the ten years since the type-approval directive was adopted, at least two instances have provided cause for improvement. 

Firstly, an European Commission assessment carried out in 2013 concluded that there was a need to introduce measures such as complementary market surveillance provisions, the clarification of recall and safeguard procedures, and the enforcement of the type-approval framework.

Secondly, the revelations from 2015 which showed that certain car manufacturers were using illegal 'defeat devices' to detect when vehicles were being tested and to reduce emissions in order to deceive the evaluation. This software was also found to increase emissions far above legal limits during regular driving so as to save fuel. 

The proposed revision is particularly important since toxic particles from car pollution can cause heart and lung disease and lead to early death. Improved car emission tests would seek to reduce these risks by testing cars in real driving conditions rather than in laboratories.

In detail

Minimum number car controls

The new market surveillance obligations will require every country to conduct a minimum number of checks on vehicles each year. This minimum number of checks will be 1 in every 40 000 new motor vehicles registered in that country the previous year.

For those countries with a low number of car registrations there will be a minimum of 5 tests to be conducted.

At least 20% of the checks will have to be emission-related tests, with verification of emissions under real driving conditions.

More robust detection

The European Commission will be empowered to carry out assessments of the procedures put in place by authorities that have granted EU type approvals within the five years preceding the assessment. It will draw up a summary of the outcome and make it publicly available.

In addition, the Commission will be enabled to carry out tests and inspections of vehicles to verify compliance and react to irregularities immediately. This will increase the independence and quality of the EU type-approval system.

The Commission will also be able to impose administrative fines of up to €30 000 per non-compliant vehicle on manufacturers and importers. 

In the Council 

On 28 November 2018, EU ambassadors endorsed a deal with the European Parliament on new rules aimed at ensuring a smooth transition for the type-approval of motor vehicles in view of Brexit.  

On 22 May 2018, the Council adopted the regulation to reform the type-approval and market surveillance for motor vehicles in the EU.  

This major reform modernises the current system and improves control tests on car emissions. 

On 20 December 2017, EU ambassadors confirmed an agreement reached previously between the Estonian Presidency of the Council and the European Parliament on the reform of the type-approval system for cars.

Following formal approval by the Council and the Parliament in the coming months, the regulation will be published in the Official Journal of the EU.

It will be applicable from 1 September 2020.

On 7 December 2017, the Council presidency and the European Parliament reached a provisional agreement on the regulation aiming to reform the current type-approval and market surveillance system. The main objectives are to achieve a high level of safety and environmental standards, and to reinforce governance.

The related draft regulation was presented by the Commission in January 2016. It sought to replace the existing directive dating back to 2007. 

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