https://www.bmvi.de/SharedDocs/DE/Artikel/G/sofortprogramm-saubere-luft.html

Article 3(10) of the Regulation (EC) No. 715/2007 defines a Defeat device as “any element of design which senses temperature, vehicle speed, engine speed (RPM), transmission gear, manifold vacuum or any other parameter for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control system, that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use.”

The use of defeat devices that reduce the effectiveness of emission control systems is prohibited in accordance with Article 5 (2) of the Regulation (EC) No. 715/2007.

The prohibition shall not apply where:

“a) the need for the device is justified in terms of protecting the engine against damage or accident and for safe operation of the vehicle;

b) the device does not function beyond the requirements of engine starting;
or

c) the conditions are substantially included in the test procedures for verifying evaporative emissions and average tailpipe emissions.”

“Thermal window” is not a firmly defined term, but is frequently used to describe the emission behaviour of vehicles in operation dependent on the external temperature. A thermal window can represent a prohibited defeat device.

Voluntary measures of the manufacturers serve to improve air quality and provide an effective contribution to a rapid and sustainable reduction of the NOx emissions, thus con-tributing to the health and consumer protection of citizens. Voluntary measures are only carried out in vehicles in which no prohibited defeat device was detected in its official inspection. In the framework of voluntary measures there is no threat of an operating ban.

Recall actions are for the remedying of substantial defects for traffic safety or the environment in vehicles in road traffic. In addition to dangerous safety defects or critical design deviations, the Kraftfahrt-Bundesamt (KBA) also regards the detection of prohibited defeat devices as grounds for imposing recalls by the manufacturers. If the vehicle owner does not participate in the recall, the vehicle is not in compliance with regulations and KBA arranges the provision of vehicle owner data to the local vehicle registration authority for the possible initiation of an operating ban. So far, Euro 4, Euro 5 and Euro 6 vehicles have been affected by these recalls.

You can find a description of it here (only in German):

BMDV - National Forum Diesel

To ascertain whether a vehicle is affected by a measure relating to the diesel emission subject, the approval of the whole vehicle, the vehicle type, the vehicle variant and the vehicle version must first be taken as a basis. Furthermore, sometimes only occasional emission approvals and very limited production periods are affected by a possible meas-ure, which further limits the group of car owners who are actually affected and found via the Central Vehicle Register (ZFZR). It cannot be said in general terms that every engine in a series is affected by the subject. We apologise for the fact that enquiries regarding this cannot be processed for individual vehicles. In the case of affected vehicles, the car owners listed in the ZFZR are informed several times about the necessary alteration measure for the vehicle.

If the Kraftfahrt-Bundesamt (KBA) has detected prohibited features in the emission system of a vehicle, it calls upon the manufacturer to suggest measures that rectify the defect. If the manufacturer intends to use a software update, they must present this to KBA for inspection. KBA then carries out the software check, and practical road tests are carried out by KBA or a technical service designated by KBA. If all the conditions are fulfilled, KBA approves the software update.

The software updates have been checked both on the roller dynamometer in the new European driving cycle (NEDC) and on the road using portable emission measurement system (PEMS). Although the real emissions observed in the PEMS measurements are not legally regulated in these vehicles, it has however been ascertained that the emission control system is now working correctly.

You will find this information here:

BMDV - Information on WLPT-Tests

According to the law, the manufacturer has the sole right of proposal for measures, to rectify defects that have occurred. If the measure is suitable for bringing the vehicles into conformity with the regulations, the authority must agree. There exists no legal basis for an obligation going beyond this, such as for example the installation of hardware solutions.

The implementation of a hardware solution for air-quality improvement has, in the mean-time, been checked by the Federal Ministry for Digital and Transport (BMDV). The scientific study can be seen here:

BMDV – assessment of hardware retrofitting

• KBA checks vehicles in practical driving operation with, among other things, portable exhaust measurement systems (PEMS)
• Emission strategies that explain the strategy for reducing emissions are to be submitted to KBA by the manufacturer separately for each vehicle approval
• Since the introduction of the test procedure WLTP in September 2017, real operation measurements have also become subject of the approval process.

It is not possible to receive a time limit extension from the Kraftfahrt-Bundesamt (KBA). After the elapsing of the time limit named in your letter, KBA receives the Vehicle identification numbers (FIN) of the vehicles that have not yet participated in the recall measure. This occurs in an automated procedure. KBA passes these on to the vehicle registration authorities for possible initiation of an operating ban. Voluntarily performed measures (e.g. in the framework of the National Diesel Forum) are hereby unaffected.

This question is to be cleared up with the manufacturer. The measures are normally carried out throughout Europe.

Please obtain written confirmation, preferably in English, of the notification of the manufacturer in the case of a refitting carried out abroad. Inform the distributor, with emphasis, that the data must be entered into the electronic system.

No, the carrying out does not have to be confirmed to the Kraftfahrt-Bundesamt (KBA) either in writing or by telephone. If necessary, KBA receives a confirmation directly from the responsible manufacturer.

Please arrange an appointment with your local authorised distributor. There will usually be an authorised repair shop located there. Make an appointment there and get an update installed on the vehicle. The update must be installed for your vehicle, in order to be in accordance with regulations. You do not have to arrange anything after the update. Please get the carrying out of the update confirmed in writing and then check the corresponding service book entry. You should keep the confirmation safe.

If a voluntary measure or a compulsory recall is available for your vehicle, there are for administrative reasons the following possibilities, which may lead to individual car owners not being written to and/or supposing that this has not happened:

• Vehicle not re-registered at the vehicle registration authority in the event of moving
• Manufacturer’s letter mistaken for “advertising” and thrown away unread
• Previous owner did not take part in the campaign and sold the vehicle to you
• Distributor did not carry out the measures and sold the vehicle to you

The durability requirements for emissions-reducing equipment are directly part of the conditions for establishing compliance with regulations. The durability requirements for the emissions-reducing equipment are also considered in the framework of the releases of the recall actions for the individual vehicle types.

Emission values quantify the air pollutants emitted into the environment by a technical system.

The KBA is not responsible for driving bans (Article 40(1) Sentence 1 - Gesetz zum Schutz vor schädlichen Umwelteinwirkungen durch Luftverunreinigungen, Geräusche, Erschütterungen und ähnliche Vorgänge BImSchG - only in German ). Please contact your local road transport authority for further information.

No, the vehicle can only be clearly identified with the unchangeable Vehicle Identification Number (VIN). It is possible to make a written application for information in the Central Vehicle Register (ZFZR):

referat22@kba.de

Please contact the responsible manufacturer.

The KBA transmits the data for the initiation of decommissioning to the local licensing authorities in whose area of responsibility the decommissioning of vehicles falls. The KBA is not authorised to issue instructions to the licensing authorities.

KBA passes on the vehicle identification numbers (VIN) of affected vehicles in accordance with Article 6(1) e) in conjunction with (3) b) General Data Protection Regulation (GDPR), with Section 3 Federal Data Protection Act (BDSG) and with Articles 5, 46(1) and (2) Verordnung über die Zulassung von Fahrzeugen zum Straßenverkehr FZV (only in German) to the responsible local vehicle registration authorities for the fulfilment of their legally assigned tasks.

A recall action is binding. A time limit extension cannot be granted. No time limit is set in the context of a voluntary measure because participation is at one’s own discretion.