German court paves way for diesel driving bans

A top German court on Tuesday ruled that cities can impose diesel driving bans to combat air pollution, a landmark decision that plunges millions of car owners into uncertainty.

The Federal Administrative Court in Leipzig found that local authorities can legally ban older, dirty diesels from certain zones as part of their efforts to improve air quality -- a drastic move that could reshape inner-city travel and upend the auto industry.

The court did not impose any bans itself, leaving that up to city and municipal authorities.

The judges did however urge them to "exercise proportionality" and said any curbs should be introduced gradually and allow for certain exemptions.

While the legal battle centred around the smog-clogged cities of Stuttgart and Duesseldorf, it could have far-reaching repercussions in Europe's biggest economy.

The ruling is a major blow to the government and the nation's mighty automakers who have long opposed driving bans, fearing outrage from diesel owners whose vehicles could plummet in value.

Eager to reassure them, the government was at pains to stress nothing would change right away and that bans were not inevitable.

"Driving bans can be avoided, and my goal is and will remain that they do not come into force," said Environment Minister Barbara Hendricks.

Chancelor Angela Merkel also weighed in, saying the ruling concerned only "individual cities".

"It's really not about the entire country and all car owners," she said.

But the outcome marks a huge victory for the environmentalist group Deutsche Umwelthilfe (DUH), which sued Stuttgart and Duesseldorf to force them to take action against the toxic nitrogen oxides and fine particles emitted by older diesel engines.

- 'Great day for clean air' -

Lower-level judges had already backed their demand for driving bans, but the states of Baden-Wuerttemberg and North Rhine-Westphalia appealed, arguing such curbs should be decided at the federal level.

Judges at the nation's top administrative court again sided with the environmental campaigners.

"It's a great day for clean air in Germany," said DUH chief Juergen Resch.

Almost immediately after the verdict, the port city of Hamburg became the first to announce plans for a diesel driving ban on two busy roads from late April, with exceptions for residents, ambulances, city services and delivery vehicles.

The head of Germany's VDA auto industry federation warned however against "a patchwork" of local measures that would confuse drivers and urged the government to take the lead in drawing up uniform regulations.

Analysts at EY consultancy said only the latest diesel models that adhere to the strictest Euro 6 standards would escape the potential driving restrictions, leaving some 10 million older diesels eligible for bans.

- Mounting pressure -

Concerns over the harmful effects of diesel have soared since Volkswagen admitted in 2015 to installing cheating devices in millions of cars that allowed them to secretly spew far more nitrogen oxide (NOx) than legally allowed, and other carmakers soon came under suspicion too.

The poisonous gases have been linked to respiratory illnesses and heart problems, leading to thousands of premature deaths each year.

Some 70 German cities including Munich, Stuttgart and Cologne recorded average nitrogen dioxide levels above EU thresholds in 2017, according to the Federal Environment Agency.

Industry giants such as Volkswagen, BMW and Daimler have responded to "dieselgate" by offering software upgrades and trade-ins for newer and cleaner models, but have resisted costly hardware fixes.

DUH chief Resch however said Tuesday's ruling could finally put real pressure on automakers to retrofit older engines with properly functioning emissions controls.

"I now expect the auto industry to deliver," he said.

Markus Lewe, president of the Association of German Cities, urged Berlin to do more to push the auto industry to clean up its act.

"Cities don't want driving bans," he said.

The government, long accused of going too easy on an industry that employs some 800,000 people, last year offered to create a billion-euro fund, partly paid for by industry, to improve public transport and upgrade fleets to electric buses.

Such measures are intended at least as much to placate local officials as well as those in Brussels -- where Germany and a slew of other EU member states risk legal action after sailing past a deadline to reduce air pollution.

German diesel bans: who stands to lose?
Frankfurt Am Main (AFP) Feb 27, 2018 - A top German court ruled Tuesday that older diesel vehicles can be banned from parts of city centres to reduce harmful air pollution, with potentially far-reaching consequences for Europe's top economy.

Here's how the decision could affect different groups in the future.

- Diesel drivers -

Owners of diesel cars face uncertainty, as it is up to local governments whether to ban older vehicles.

Politicians have not given up hope of finding an easier solution.

"My aim is and remains that bans should not come into force," federal Environment Minister Barbara Hendricks said following the ruling.

But around 10 million of the 15 million diesel cars registered in Germany fall short of the latest Euro 6 EU emissions regulation, potentially making them eligible for a ban, as well as two million diesel trucks.

People in Stuttgart and Duesseldorf -- the two cities in Tuesday's case -- could be among the first hit.

Commuters and car-dependent workers could be most affected, while some residents, emergency services and tradesmen will enjoy exceptions.

Financially, diesel owners will suffer "a significant reduction in the value of their vehicle," said auto industry expert Joerg Hoenemann of consultancy EY.

The good news: judges said implementation of driving bans should be gradual, with only cars meeting the Euro 4 standard eligible for immediate restrictions. In Stuttgart, for example, the more numerous and more recent Euro 5 cars are safe until at least September 2019.

- The car industry -

Fear of diesel bans and the legacy of Volkswagen's 2015 "dieselgate" emissions cheating scandal have undermined the motors' market share in Germany, from 48 percent in 2015 to 39 percent last year.

If bans deepen diesel's slump and a trend develops towards less labour-intensive electric motors, a large chunk of the 800,000 jobs in the German car industry could be at risk.

Meanwhile the debate on bans has increased political pressure for industry to pay up to help right past wrongs.

So far they have offered trade-ins and updates to motor control software, but opponents say those steps don't go far enough and are calling for hardware fixes.

A study by Evercore bank found such complex hardware refits could cost more than 7.6 billion euros ($9.4 billion).

- Government -

Some 70 German cities including Munich, Stuttgart and Cologne recorded average nitrogen dioxide levels above EU thresholds in 2017, according to the Federal Environment Agency (UBA).

Germany could face legal action from Brussels if it fails to hit targets.

The federal government has cobbled together a one-billion-euro fund to pay for air-friendly improvements to public transport like electric buses.

But local authorities are pressuring Berlin to introduce a standardised "blue badge" nationwide to identify the least-polluting cars, simplifying enforcement of diesel bans if they come about.

The subject could divide a prospective coalition government under Chancellor Angela Merkel's conservatives, who largely favour sparing car owners and the industry, and the centre-left Social Democrats.

It will also be up to cities and Germany's 16 federal states to upgrade transport links and coax more people from behind the wheel.

Another tug-of-war over who foots the bill with the federal government is likely, especially after ministers this month proposed making public transport completely free.

- Health and the environment -

Some analysts warn that on a global scale, fewer diesel cars in Germany could actually be worse for the environment.

European governments originally encouraged carmakers and drivers to choose diesel as the motors emit less of greenhouse gas carbon dioxide than similar petrol engines.

"It will be more and more difficult for the manufacturers to meet EU limits on CO2 emissions by 2021" with fleets including fewer diesels, Bratzel predicted.

"That could cost them a lot more money" in fines, he added.

As for the fine particle and NOx pollution at the root of the case, "driving bans only address the symptoms and not the cause," Bratzel judged.

"On peak days they can help meet the NOx limits, but there will be no reduction of fine particle pollution, which is much more dangerous to health" and is mostly generated by friction on tyres and brakes, he said.

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Washington (UPI) Feb 26, 2018
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