The French government last month imposed a ban on the sale of Mercedes A and B class cars and CLA model, which use a refrigerant prohibited by EU rules: they have been refused registration by the Systeme d'Immatriculation des Vehicules. The problem had been bubbling under for a while (see for instance
this from Lib Dem MEP Chris Davies), but it shows no signs of abating yet and I will try to expand this posting as new facts emerge (or, having already emerged, come to my attention). The French government's action is claimed to be to protect domestic manufacturers against unfair competition from the German manufacturer, and
Commissioner Tajani supports the French position.
The ban relates to cars assembled since 12 June and has been imposed because of the manufacturer's refusal to stop using the air-conditioning coolant
R134a, a potent global-warming gas 1,400 worse than carbon dioxide, which has been banned from new models (not, note, new cars) since the start of the year. The German authorities decided to let Daimler continue to use it, though, because it was not happy about the replacement, R1234yf (or
2,3,3,3-Tetrafluoropropene, or CH
2=CFCF
3).
Directive 2006/40/EC came into effect in 2011 requiring all new car platforms approved after the start of that year to use a refrigerant with a Global Warming Potential below 150: existing models were given until 2017. The new gas has a 100-year GWP of 4, compared with the old gas's 1,430, but the Germans have safety concerns. In December last year,
Mercedes testers found that it created a fireball if sprayed on a hot engine - not an unlikely occurrence in a collision. R134a is also flammable, but at higher temperatures. Both also release toxic hydrogen flouride gas.
On 25 July the tribunal administratif in Versailles
ordered the French government to re-examine the case after the manufacturer argued that the correct EU safeguard procedures had not been followed, but the French government shows no signs of lifting the ban. National governments have the right to stop products being sold when they fear an incorrect application of EU regulations, and when vehicles would seriously harm the environment, and it is this safeguard procedure which the French government has invoked. (There's a lengthy story on the French website,
7pm-auto.fr.)
The relevant German authority, the
Kraftfahrt-Bundesamt or KBA, propose to re-certify the new Mercedes vehicles under earlier approvals granted for older models. Unsurprisingly, the Commission has warned against such a course, and safeguard procedures allow governments to halt sales until the Commission decides whether their KBA certification complies with European law. Daimler propose to challenge the ban on the grounds that the old compound does not pose a serious environmental threat. And given that the roads of Europe have plenty of cars on them with the old stuff in their air-conditioning systems, and it will still be put into new cars for another three years, the urgency seems a little misplaced. Although Daimler's claim that "virtually all new and used cars on European roads are equipped with the proven and safe refrigerant R134a" goes a bit far - my car's air conditioning depends not on some unpleasant chemical, but on folding down the roof, always the best way.
On 8 August, it was
reported that the KBA considered that the replacement gas posed no real threat to vehicle occupants, which tends to weaken Mercedes-Benz's case a little. Its interim report, published that day, confirmed that the new gas was riskier but not dangerous, a fine distinction: its full report is due next month, but here is the
Reuters story from today.
The next hearing in the litigation, an appeal against the decision of the tribunal administratif (presumably to the cour de cassation), will take place on 23 August. At the same time, the European Commission notes doubts have been raised about the "lack of transparency by authorities."
