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Volkswagen emissions scandal

The Volkswagen emissions scandal, sometimes known as Dieselgate[23][24] or Emissionsgate,[25][24] began in September 2015, when the United States Environmental Protection Agency (EPA) issued a notice of violation of the Clean Air Act to German automaker Volkswagen Group.[26] The agency had found that Volkswagen had intentionally programmed turbocharged direct injection (TDI) diesel engines to activate their emissions controls only during laboratory emissions testing, which caused the vehicles' NOx output to meet US standards during regulatory testing. However, the vehicles emitted up to 40 times more NOx in real-world driving.[27] Volkswagen deployed this software in about 11 million cars worldwide, including 500,000 in the United States, in model years 2009 through 2015.[28][29][30][31]

Volkswagen emissions scandal
A 2010 Volkswagen Golf TDI displaying "Clean Diesel" at the Detroit Auto Show
Date2008–2015
LocationWorldwide
Also known asDieselgate, Emissionsgate
TypeEmission standard violations
CauseEngaging full emissions control only during testing
ParticipantsInternational Council on Clean Transportation, West Virginia University, Volkswagen Group, US EPA, other regulators
OutcomeFines and lawsuits
Footagevwdieselinfo.com
Timeline
1999New US Tier 2 rules established to replace Tier 1. NOx limit decreasing from 1.0 g/mi to 0.07 g/mi
2004–2009Phase-in period of diesel emissions rules
2007Volkswagen suspends sales of current diesel lines awaiting technology to meet new standards. Bosch allegedly warns Volkswagen not to use its software illegally.[1][2]
2008Volkswagen announces new Clean Diesel cars. Some cars are described in Europe as "EU4 emissions standard (EU5 compliant)".[3] Cars with the test-rigging software are sold in the UK.[4]
2009US Tier 2 fully in effect,
Volkswagen TDI cars go on sale in US. In Europe, some models are now being described as Euro emission class 5, a change from class 4 in 2008.[3][5]
2009–2015Volkswagen diesel sales in the US rebound, Clean Diesels win several environmental awards, receive tax breaks
2013International Council on Clean Transportation asks WVU CAFEE to help demonstrate the benefits of US diesel technology, hoping to have Europe follow suit
May 2014Instead, CAFEE finds discrepancies showing poor on-road emissions. Results presented at public forum and published, getting attention of EPA
2014–2015EPA repeats tests, and contacts Volkswagen for explanation of poor real world NOx emissions
Dec 2014Volkswagen orders voluntary recall of TDI cars but CARB and EPA not satisfied
3 September 2015EPA threatens to not certify 2016 diesels, Volkswagen responds by admitting software was programmed to cheat testing
18 September 2015Public announcement by EPA of order to recall 2009–2015 cars
20 September 2015Volkswagen admits deception, issues public apology
21 September 2015First business day after news, Volkswagen stock down 20 percent
22 September 2015Volkswagen to spend $7.3B to cover costs of scandal; stock declines another 17 percent
23 September 2015CEO Martin Winterkorn resigns
29 September 2015Volkswagen announces plans to refit up to 11 million vehicles affected by the emissions violations scandal
2 October 2015Volkswagen sets up an online based service on which customers can check if their car is affected based on the vehicle identification number
8 October 2015Volkswagen US CEO Michael Horn testifies before US Congress
3 November 2015Volkswagen's investigation finds that CO2 emissions and fuel consumption figures are also affected by "irregularities".[6]
25 November 2015The German Federal Motor Transport Authority (KBA) approves Volkswagen fixes for 1.2, 1.6 and 2.0 diesel engines in Europe.[7][8]
9 December 2015Volkswagen revises previous estimates on CO2 emissions irregularities, saying that only around 36,000 vehicles are affected.[9]
9 March 2016Volkswagen US CEO Michael Horn resigns, citing a "mutual agreement" with the company.[10]
21 April 2016Volkswagen announces that it will offer its US customers "substantial compensation" and car buyback offers for nearly 500,000 2.0-litre vehicles.[11]
6 Nov 2016Regulators in California discover that Audi engines were rigged to produce lower CO2.[12]
11 January 2017Volkswagen agrees to plead guilty to the emissions scandal and to pay $4.3 billion in penalties. Six Volkswagen executives are charged.[13][14]
3 May 2018Ex-CEO Winterkorn is indicted on fraud and conspiracy charges in the US[15]
18 June 2018In connection with the case, Audi CEO Rupert Stadler is arrested in Germany.[16]
16 October 2018Audi agrees to a fine of €800 million in Germany to resolve civil claims over duty to oversight (Verletzung der Aufsichtspflicht in Unternehmen)[17]
14 March 2019US SEC alleges that Volkswagen AG, Martin Winterkorn, et al. defrauded investors and files suit in N.D. Cal.[18]
15 April 2019Winterkorn and four other executives are charged by prosecutors in Braunschweig, Germany.[19]
31 July 2019Stadler and three others are charged by prosecutors in Munich, Germany.[20]
24 September 2019Pötsch, Diess, and Winterkorn are charged with stock market manipulation by prosecutors in Germany.[21]
14 January 2020Six additional individuals are charged by prosecutors in Braunschweig, Germany.[22]

Background edit

Introduction edit

In 2013, the International Council on Clean Transportation (ICCT) commissioned the West Virginia University Center for Alternative Fuels Engines and Emissions (WVU CAFEE) to test on-road emissions of diesel cars sold in the U.S.[32][33][34] Researchers at WVU CAFEE, who conducted live road tests in California using a Japanese on-board emission testing system, detected additional nitrogen oxide (NOx) emissions from two out of three tested vehicles, both made by Volkswagen.[33][34][35][36] In May 2014, ICCT published WVU CAFEE's findings and reported them to the California Air Resources Board (CARB) and the United States Environmental Protection Agency (EPA).[37][38]

In September 2015, the EPA announced that Volkswagen had violated the Clean Air Act by installing illegal software into their diesel vehicles.[39] Regulators in multiple countries began to investigate the automaker,[39] and its stock price fell in value by a third in the days immediately after the news. Volkswagen Group CEO Martin Winterkorn resigned, and the head of brand development Heinz-Jakob Neusser, Audi research and development head Ulrich Hackenberg, and Porsche research and development head Wolfgang Hatz were suspended.[40] Volkswagen announced plans in April 2016 to spend €16.2 billion (US$18.32 billion at April 2016 exchange rates) in relation to the scandal,[41] and agreed in June 2016 to pay up to $14.7 billion to settle civil charges in the United States.[42] In January 2017, Volkswagen pleaded guilty to criminal charges and signed an agreed Statement of Facts, which set out how the company's management asked engineers to develop the defeat devices, because its diesel models could not pass US emissions tests without them, and deliberately sought to conceal their use.[43] In April 2017, a US federal judge ordered Volkswagen to pay a $2.8 billion criminal fine for "rigging diesel-powered vehicles to cheat on government emissions tests".[44] Winterkorn was charged in the United States with fraud and conspiracy on 3 May 2018.[15] As of 1 June 2020, the scandal had cost VW $33.3 billion in fines, penalties, financial settlements and buyback costs.[45] Various government and civil actions are currently undergoing in the U.S., as well as the European Union, where most of the affected vehicles are located; while they remain legal to drive there, consumers groups and governments seek to make sure Volkswagen has compensated these owners appropriately as they had to do in the United States.

The scandal raised awareness over the higher levels of pollution emitted by all diesel-powered vehicles from a wide range of car makers, which under real-world driving conditions exceeded legal emission limits. A study conducted by ICCT and ADAC showed the biggest deviations from Volvo, Renault, Jeep, Hyundai, Citroën and Fiat,[46][47][48] resulting in investigations opening into other diesel emissions scandals. A discussion was sparked on the topic of software-controlled machinery being generally prone to cheating, and a way out would be to open source the software for public scrutiny.[49][50][51]

NOx and Volkswagen Diesel anti-pollution system edit

In general, diesel engines have better fuel efficiency and less carbon dioxide (CO2) emission than petrol engines, but they emit 20 times more nitrogen oxide (NOx) unless somehow treated, and three-way catalytic converters, which have been very effective at reducing NOx in petrol engine exhaust, do not function well for them.[52][53] As NOx are harmful air pollutants, regulators in the United States and Europe have implemented increasingly stringent NOx emission standards for passenger cars since the early 2000s.[54][53]

To deal with this problem, in 2005 Volkswagen licensed Mercedes' urea-based "selective catalytic reduction (SCR)" system called BlueTec for future diesel engine development.[55][52] While effective at reducing NOx, an SCR system like Bluetec was expensive, high-maintenance and required more space than other methods, making it unsuitable for Volkswagen's compact cars such as Golf or Jetta.[56][52] Some managers at Volkswagen rejected BlueTec, and preferred to develop their own inexpensive "lean NOx trap" system.[52][57][58][55] In 2007, Volkswagen canceled the licensing deal for BlueTec and announced that it would use its own pollution control technology.[55][58]

Volkswagen chose the "lean NOx trap" system for its turbo-diesel Golf and Jetta models, but the solution did not work well as it required a fuel-rich exhaust gas in the purification process and fuel economy suffered as a result.[52] Nonetheless, the company promoted the technological miracle of fast, cheap, and green diesel vehicles – but the impression projected to outsiders did not reflect the reality.[52][53] In reality, the system failed to combine lower fuel consumption with compliant NOx emissions, and Volkswagen chose around 2006[59] to program the Engine Control Unit (ECU) to switch from lower fuel consumption and high NOx emissions to low-emission compliant mode when it detected an emissions test, particularly for the EA 189 engine.[52] This caused the engine to emit NOx levels above limits in daily operation, but comply with US NOx standards when being tested, constituting a defeat device.[58][60] In 2015 the news magazine Der Spiegel reported that at least 30 people at management level in Volkswagen knew about the deceit for years, which Volkswagen denied in 2015.[61]

Starting in the 2009 model year, Volkswagen Group began migrating its light-duty passenger vehicle's turbocharged direct injection (TDI) diesel engines to a common-rail fuel injection system. This system allows for higher-precision fuel delivery using electronically controlled fuel injectors and higher injection pressure, theoretically leading to better fuel atomization, better air/fuel ratio control, and by extension, better control of emissions.[62][63][3][4][64]

Volkswagen described the diesel engines as being as clean as or cleaner than US and Californian requirements, while providing good fuel economy and performance.[65][66] Due to the good fuel economy provided by its diesel fleet, in 2014 Volkswagen was registered with a Corporate Average Fuel Economy (CAFE) of 34 mpg‑US (6.9 L/100 km; 41 mpg‑imp).[67] The low emissions levels of Volkswagen vehicles tested with the defeat device in operation enabled the company to receive green car subsidies and tax exemptions in the US.[68]

Underlying U.S. and EU emission standards edit

 
Comparison of NOx and PM emission standards in the US and Europe

The Volkswagen and Audi cars identified as violators had been certified to meet either the US EPA Tier 2 / Bin 5 emissions standard or the California LEV-II ULEV standard.[73] Either standard requires that nitrogen oxide emissions not exceed 0.043 grams per kilometre (0.07 g/mi) for engines at full useful life which is defined as either 190,000 kilometres (120,000 mi) or 240,000 kilometres (150,000 mi) depending on the vehicle and optional certification choices.[74][75]

This standard for nitrogen oxide emissions is among the most stringent in the world. For comparison, the contemporary European standards known as Euro 5 (2008 "EU5 compliant",[3] 2009[5]–2014 models) and Euro 6 (2015 models) only limit nitrogen oxide emissions to 0.18 grams per kilometre (0.29 g/mi) and 0.08 grams per kilometre (0.13 g/mi) respectively.[75][76] Defeat devices are forbidden in the EU.[77] The use of a defeat device is subject to a penalty.[76]

Nature reported in 2015 that 20 percent of European city dwellers were exposed to unhealthy levels of nitrogen dioxide, and that in London, where diesel road traffic was responsible for 40 percent of NOx emissions, 3,000 deaths per year could be attributed to air pollution.[78] A Channel 4 documentary in January 2015 referred to the UK government moving to a CO2 emission band system for road tax, which favoured diesel power, as the "great car con", with Barry Gardiner MP, former member of the Blair government, stating that the policy, which lowered CO2 emissions yet increased NOx pollution, was a mistake.[79]

Early warnings 1998– edit

In 1998, a Swedish researcher criticized the New European Driving Cycle standard for allowing large emission differences between test and reality.[80] The Washington Post also reported that in the late 1990s, EPA engineers at Virginia Testing Laboratory had built a system called ROVER, designed to test a car's emissions on the road. The project was shut down in 2001, despite preliminary tests indicating gaps between emissions from lab tests and real world tests of about 10 to 20 percent.[81]

In 2011, the European Commission's Joint Research Centre published a report which found the average on-road NOx emission of all tested diesel vehicles to be 0.93 ± 0.39 g/km, and that of tested Euro 5 diesel vehicles to be 0.62 ± 0.19 g/km.[82] Those numbers substantially exceeded the respective Euro 3–5 emission limit.[82] In 2013, the research center then warned:

Sensors and electronic components in modern light-duty vehicles are capable of 'detecting' the start of an emissions test in the laboratory (e.g., based on acceleration sensors or not-driven/not-rotating wheels). Some vehicle functions may only be operational in the laboratory, if a predefined test mode is activated. Detecting emissions tests is problematic from the perspective of emissions legislation, because it may enable the use of defeat devices that activate, modulate, delay, or deactivate emissions control systems with the purpose of either enhancing the effectiveness of these systems during emissions testing or reducing the effectiveness of these systems under normal vehicle operation and use. While the use of defeat devices is generally prohibited, exceptions exist in cases where it is necessary to protect the engine against damage and to ensure safe vehicle operation (EC, 2007). These exceptions leave room for interpretation and provide scope, together with the currently applied test procedure, for tailoring the emissions performance [...].[83]

The European Commission and European governments could not agree upon who was responsible for taking action.[84] In the United Kingdom, the Department for Transport received a report from the International Council on Clean Transportation (ICCT) in October 2014, which stated there was a "real world nitrogen oxides compliance issue" with diesel passenger cars.[85] The UK's DEFRA research indicated a significant reduction in NOx and particulate matter from 1983 to 2014. Respirable suspended particles with a diameter of 10 micrometres – also known as PM10 (including diesel particulates) – halved since 1996 despite the increased number and size of diesel cars in the UK.[86]

ICCT's emission testing, 2013–14 edit

In late 2012, the independent body International Council on Clean Transportation (ICCT) was seeking proposals from research facilities to study on-road emissions of so-called "clean diesel" cars sold in the US.[87][33][88] Researchers at West Virginia University's Center for Alternative Fuels Engines and Emissions (WVU CAFEE) submitted a proposal to ICCT, and were awarded a US$70,000 grant for a study where they had to test US-spec diesel vehicles with two different emission reduction technologies: lean NOx trap (LNT) and selective catalyst reduction (SCR).[33][34] John German, co-lead of the US branch of ICCT, said the idea for this "very ordinary" test came from Peter Mock, managing director ICCT in Europe, and they chose to put US vehicles through on-the-road tests because their emissions regulations are more stringent than those in the European Union. The ICCT expected the cars to pass, and thought they would be able to use the results to demonstrate to Europeans that it was possible to run diesel cars with cleaner emissions.[34][89][90]

In early 2013, researchers at WVU CAFEE began testing emissions from the three diesel cars: a Volkswagen Passat, a Volkswagen Jetta, and a BMW X5, on the road in California.[33][91] They wanted to test a Mercedes as well, but could not obtain one.[92][90][93] They used a portable emissions measurement system, making it possible to collect real world driving emissions data, for comparison with laboratory dynamometer testing.[91][88][94] The three vehicles were all certified at a California Air Resources Board facility before the tests[92] as falling below the emissions limits when using the standard laboratory testing protocols.[95][96] They put 2,400 kilometres (1,500 mi) on the Jetta and X5. For their final test, they wanted to put even more mileage on the Passat and drove it from Los Angeles to Seattle and back again, virtually the entire West Coast of the United States,[90] over 3,200 kilometres (2,000 mi).[92] The BMW was "at or below the standard … with exception of rural-up/downhill driving conditions".[95] But the researchers found that under real-world driving conditions the Jetta exceeded US emissions limits "by a factor of 15 to 35" while the Passat exceeded the limit "by a factor of 5 to 20".[95][97]

The emissions far exceeded legal limits set by both European and US standards. One of the testers said, "... we did so much testing that we couldn't repeatedly be doing the same mistake again and again."[98][99] John German said the deceit required more effort than merely adding some code to the engine software, as the code would also have to be validated.[98] The US test results confirmed the ICCT's findings in Europe.[95] ICCT also purchased data from two other sources. The new road testing data and the purchased data were generated using Portable Emissions Measurement Systems (PEMS) developed by multiple individuals in the mid-late 1990s and published in May 2014.[89][95][92] The West Virginia scientists did not identify the defeat device, but they reported their findings in a study they presented to the EPA and CARB in May 2014.[100][101] In May 2014 Colorado's RapidScreen real-world emissions test data reinforced the suspected abnormally high emissions levels.[102] After a year-long investigation, an international team of investigators identified the defeat device as a piece of code labelled "acoustic condition" which activated emissions-curbing systems when the car's computer identified it was undergoing a test.[103]

NOx numbers for Volkswagen Passat and Jetta (See note[a])
Car WVU measurement European limits Comment
U.S. limit Dyno On-road Euro 5 Euro 6
Vehicle A

Volkswagen Jetta 2.0 TDI[94][33]

0.043 g/km 0.022 g/km 0.61–1.5 g/km 0.18
g/km[b]
0.08
g/km
Fitted with a lean-NOx trap (LNT) emission treatment system.
Vehicle B

Volkswagen Passat 2.0 TDI[94][33]

0.043 g/km 0.016 g/km 0.34–0.81 g/km 0.18
g/km
0.08
g/km
Fitted with the same engine as Vehicle A, but with a urea-based selective catalytic reduction (SCR) emission treatment system.
Source:[95]
 
VW NOx emissions WVU

EPA Notice of Violation, 2015 edit

On 18 September 2015, the US EPA served a Notice of Violation (NOV) of the Clean Air Act on Volkswagen Group alleging that Volkswagen and Audi automobiles equipped with 2-litre TDI diesel engines, and sold in the US between 2009 and 2015, had an emissions-compliance "defeat device" installed, and ordered a recall of 482,000 vehicles.[104][105][106][107] A Notice of Violation is a notification to the recipient that the EPA believes it has committed violations and is not a final determination of liability.[108][109]

Volkswagen's "defeat device" is specially-written engine-management-unit firmware that detects "the position of the steering wheel, vehicle speed, the duration of the engine's operation, and barometric pressure"[110] when positioned on a dynamometer using the FTP-75 test schedule.[111] These criteria very closely match the EPA's required emissions testing protocol[110] which allowed the vehicle to comply with emissions regulations by properly activating all emissions control during testing. The EPA's NOV alleged that under normal driving conditions, the software suppressed the emissions controls, allowing better fuel economy, at the expense of emitting up to 40 times more nitrogen oxides than allowed by law.[104][112]

Intelligence agencies, 2015 edit

In February 2017, Der Spiegel reported that in February 2015, ex Israeli diplomat Avi Primor had shown Ferdinand Piëch, the Volkswagen chairman of the board at the time, a document in which US agencies warned CEO Martin Winterkorn early about the manipulation. During this meeting at the end of February 2015, Primor introduced Piëch to his friend Yuval Diskin, who after retiring from directing the Israeli secret service of the Interior Shin Bet, had founded a cybersecurity company. Shin Bet apparently knew about the scandal early. Primor confirmed that the meeting took place, but both Primor and Diskin denied tipping off Piech. In early March 2017, Piech asked Winterkorn whether there had been a warning by US agencies, which Winterkorn denied.[113][114][115][116]

Volkswagen's response edit

Initial response August, September 2015 edit

 
Former Volkswagen AG CEO Martin Winterkorn in March 2015

According to the EPA, Volkswagen had insisted for a year before the outbreak of the scandal that discrepancies were mere technical glitches.[117] Volkswagen fully acknowledged that they had manipulated the vehicle emission tests only after being confronted with evidence regarding the "defeat device".[118][119]

The first sign that Volkswagen was ready to come clean reportedly occurred on 21 August 2015 at a conference on green transportation in Pacific Grove, California, where an unnamed company representative approached Christopher Grundler, director of the EPA Office of Transportation and Air Quality, and surprised him by informally admitting that the company had been deceiving regulators.[120] A CARB official was standing next to Grundler at the time.[120]

Formal acknowledgement of the deception was made by Volkswagen executives in Germany and the United States to EPA and California officials during a 3 September conference call, during which Volkswagen executives discussed written materials provided to the participants demonstrating how Volkswagen's diesel engine software circumvented US emissions tests. That admission came after the EPA threatened to withhold approval for the company's 2016 Volkswagen and Audi diesel models.[121]

I am shocked by the events of the past few days. I am stunned that misconduct on such a scale was possible in the Volkswagen Group. As CEO I accept responsibility for the irregularities. I am doing this in the interests of the company even though I am not aware of any wrongdoing on my part.

Martin Winterkorn, — Former Volkswagen CEO Martin Winterkorn resignation statement, 23 September 2015.[122]

Volkswagen's CEO Martin Winterkorn said: "I personally am deeply sorry that we have broken the trust of our customers and the public." Winterkorn was in charge at Volkswagen from the start of 2008 to September 2015.[123] He attributed the admitted wrongdoing to "the terrible mistakes of a few people".[124] Winterkorn initially resisted calls to step down from his leadership role at VW,[125][126] but then resigned as CEO on 23 September 2015.[127][128][129]

Volkswagen Group of America CEO Michael Horn was more direct, saying, "We've totally screwed up."[125] Horn added, "Our company was dishonest with the EPA, and the California Air Resources Board and with all of you."[126] Olaf Lies, a Volkswagen board member and economy minister of Lower Saxony, later told the BBC that the people "who allowed this to happen, or who made the decision to install this software" acted criminally, and must be held personally accountable. He also said the board found out about the problems only "shortly before the media did", and expressed concerns over "why the board wasn't informed earlier about the problems when they were known about over a year ago in the United States".[130]

Volkswagen announced that 11 million cars were involved in the falsified emission reports, and that over seven billion dollars would be earmarked to deal with the costs of rectifying the software at the heart of the pollution statements.[31] The newly appointed CEO of Volkswagen Mathias Müller stated that the software was activated in only a part of those 11 million cars, which has yet to be determined.[30] The German tabloid Bild claimed that top management had been aware of the software's use to manipulate exhaust settings as early as 2007. Bosch provided the software for testing purposes and warned Volkswagen that it would be illegal to use the software to avoid emissions compliance during normal driving.[131] Der Spiegel followed Bild with an article dated 30 September 2015 to state that some groups of people were aware of this in 2005 or 2006.[132] Süddeutsche Zeitung had similarly reported, that Heinz-Jakob Neusser, one of Volkswagen's top executives, had ignored at least one engineer's warnings over "possibly illegal" practices in 2011.[133]

On 28 September 2015, it was reported that Volkswagen had suspended Heinz-Jakob Neusser, head of brand development at its core Volkswagen brand, Ulrich Hackenberg, the head of research and development at its brand Audi who oversees technical development across the Volkswagen group, and Wolfgang Hatz, research and development chief at its sports-car brand Porsche who also heads engine and transmissions development of the Volkswagen group.[134] On the same day it was reported that besides the internal investigation of the incidents, the supervisory board of Volkswagen had hired American law firm Jones Day to carry out an independent investigation.[135] Computerworld suggested that a software audit trail and test logs were ways to investigate what took place when.[136] In February 2016 Volkswagen also contracted three public relations firms (Kekst in the United States, Hering Schuppener in Germany, Finsbury in Britain), in addition to its usual US-retained firm Edelman.[137] To further help deal with the scandal, Volkswagen hired ex-FBI director Louis Freeh, alongside former German constitutional judge Christine Hohmann-Dennhardt previously employed by Daimler, and as of 2016 on Volkswagen's board as its director of integrity and legal affairs.[138]

Other irregularities, November 2015 edit

CO2 emissions edit

On 3 November 2015, Volkswagen revealed that its internal investigation found that CO2 emissions and fuel consumption figures were also affected by "irregularities". These new issues, first estimated to cost up to €2 billion to repair, involved mainly diesel, but also some petrol models, with initial estimates suggesting that approximately 800,000 vehicles equipped with 1.4, 1.6 and 2.0 litre motors from VW, Skoda, Audi and SEAT might be affected.[6] On 9 December 2015, Volkswagen revised these estimates, saying that only around 36,000 vehicles are affected by the irregularities, while also affirming that it had found no evidence of unlawful changing of CO2 emissions data.[9] The news prompted a 7.3 percent increase in Volkswagen preference shares on the same day.[9][139]

In November 2016, California regulators claimed to have discovered software installed on some Audi models that allowed the manufacturer to cheat CO2 emissions during standard testing, thereby also masking the cars' contribution to global warming.[12]

3.0 litre TDI emissions edit

On 20 November 2015, the EPA said Volkswagen officials told the agency that all 3.0-litre TDI diesel engines sold in the US from 2009 through 2015 were also fitted with emissions-cheating software, in the form of "alternate exhaust control devices". These are prohibited in the United States, however the software is legal in Europe.[140] Volkswagen acknowledges these devices' existence, but maintains that they were not installed with a "forbidden purpose".[139] On 4 January 2016, the US Department of Justice filed a complaint in a federal court against VW, alleging that the respective 3.0-litre diesel engines meet the legal emission requirements in only a "temperature conditioning" mode that is automatically switched on during testing conditions, while at "all other times, including during normal vehicle operation, the vehicles operate in a 'normal mode' that permits NOx emissions of up to nine times the federal standard".[141] The complaint covers around 85,000 3.0 litre diesel vehicles sold in the United States since 2009, including the Volkswagen Touareg, Porsche Cayenne, Audi A6 Quattro, Audi A7 Quattro, Audi A8, Audi A8L, Audi Q5, and Audi Q7 models.[141]

Affected Volkswagen and Audi TDI models edit

List of affected vehicles and generation of engine[142][143]
Brand Model Model Years Generation of Engine
Audi A1 2010–2014 1
A3 2009–2013
Volkswagen Beetle 2013–2014
Beetle Convertible
Golf 2-Door 2010–2013
Golf 4-Door 2010–2014
Jetta 2009–2014
Jetta SportWagen
Passat 2012–2015
Audi A3 2015 3*
Volkswagen Beetle
Beetle Convertible
Golf 4-Door
Golf SportWagen
Jetta
Passat
Audi A3 2015 3**
Volkswagen Beetle
Beetle Convertible
Golf 4-Door
Golf SportWagen
Jetta
Passat
Touareg 2009–2012 3
Audi Q7 2009–2015
Volkswagen Touareg 2013–2016 3
Audi A6 2014–2016
A7
A8
A8L
Q5
Q7 2013–2015

*Initial Modification

**Subsequent Modification

Vehicle recall and consequences edit

On 29 September 2015, Volkswagen announced plans to refit up to 11 million affected vehicles, fitted with Volkswagen's EA 189 diesel engines, including 5 million at Volkswagen brand, 2.1 million at Audi, 1.2 million at Škoda and 1.8 million light commercial vehicles. SEAT said that 700,000 of its diesel models were affected. In Europe alone, a total of 8 million vehicles are affected.[144] In Germany, 2.8 million vehicles will have to be recalled, followed by the UK, with 1.2 million. In France, 984,064 vehicles were affected, in Austria around 360,000, while in the Czech Republic 148,000 vehicles were involved (of which 101,000 were Škodas). In Portugal, Volkswagen said it had sold 94,400 vehicles with the software.[145][146] The repair may not require a formal recall; in the UK, for example, the company will simply offer to repair the cars free of charge; a recall is required only "when a defect is identified that... could result in serious injury". As the rules violation involved enabling emission controls during testing, but turning it off under normal conditions to improve performance or fuel mileage, it has been speculated that the software update might make cars perform less efficiently and impair fuel economy; according to VW, however, its proposed solutions will be designed to achieve legal EU emissions compliance without impairing engine performance or consumption.[147]

As of September 2015 it was unclear whether the repair would include hardware modifications, such as selective catalytic reduction (SCR) upgrades.[148][149] The recall was scheduled to start in January 2016, with all affected cars projected to be fixed by the end of the year. The company also announced a review of all of its brands and models, including its supercar marque Bugatti.[150]

On 8 October 2015, Volkswagen US CEO Michael Horn said in testimony before the US Congress that it could take years to repair all the cars, especially the older models, due to the required complex hardware and software changes. He said that the fixes would likely preserve fuel economy ratings but, "there might be a slight impact on performance".[151][152]

On 12 October 2015, Paul Willis, Volkswagen UK managing director, told the Commons Transport Select Committee that about 400,000 Volkswagen cars in the UK will need fuel injectors altered as well as a software fix.[64] The vehicles requiring the hardware fix are the 1.6 litre diesel models. The 1.2 litre[153] and 2.0 litre diesel models will require only a software fix.[64] On the same day, Volkswagen announced it would overhaul its entire diesel strategy, saying that in Europe and North America it will switch "as soon as possible" to the use of selective catalytic reduction technology to improve diesel emissions. It also announced plans to accelerate the development of electric cars and plug-in hybrids, as well as petrol, instead of diesel engines for smaller cars.[154]

On 12–13 October 2015, Volkswagen Group vehicle drivers in the UK started receiving notification letters, to "rectify the issue".[155][156] Volkswagen later announced a timeline for UK diesel recalls, citing March 2016 for 2.0-litre engines, June 2016 for 1.2-litre engines, and October 2016 for 1.6-litre engines.[157]

At the beginning of October 2015, Volkswagen suggested to let car owners decide whether to take their cars for rectification.[158][159] However, the German Federal Motor Transport Authority (Kraftfahrt-Bundesamt, or KBA)[160] views the software as illegal,[161][162] and has ordered a full recall of all affected cars in Germany. Volkswagen then decided to recall around 8.5 million cars in Europe,[159] about a third of all its car deliveries since 2009.[163] KBA requires Volkswagen to send a recall plan to KBA before the end of October for 2.0-litre cars, and end of November for 1.2 and 1.6-litre cars.[162] If KBA approves a plan, Volkswagen can then start handling the cars. The German authorities require that Volkswagen remove the software and that Volkswagen ensures that emission rules are fulfilled.[158] Media estimates that the KBA procedure sets a precedent for how authorities in other countries handle the case.[163][107]

On 18 November 2015, Autoblog reported that the KBA was reviewing a Volkswagen fix for the affected 1.6 diesel engine.[164] On 25 November 2015, Volkswagen said the fix involved a minor hardware modification to the car's air intake system, alongside a software update.[165] This low-cost solution contradicted earlier speculation regarding the possible fitting of new injection nozzles and catalytic converters.[164] In December 2015, Volkswagen said that the affected 1.2-litre and 2.0-litre diesel engines needed only a software update.[166][167] As of November 2015, the KBA had approved the fixes with the first recalls likely to begin in January 2016.[8] According to VW, the measures aimed to achieve legal EU emissions compliance without impairing engine output, fuel consumption, or performance.[147] The simple fixes with inexpensive parts and software were then possible though not available when the engines were developed, because engine technology understanding and intake flow simulation capabilities had matured in the meantime, to address the burning of diesel and air mixtures via intake flow shaping.[168] As of December 2015, due to stricter environmental legislation, fixes for US vehicles were expected to take longer to produce and be more technically complex.[147]

As of February 2016, there were three sizes of affected diesel engines, and more than a dozen variations to the repairs exist, prompting Volkswagen to roll out the recalls in waves for each cluster of vehicle; the first model to be repaired was the low-volume Volkswagen Amarok.[169] Classified as a light commercial vehicle, the Amarok pickup has a higher Euro 5 NOx emissions limit than the passenger cars that are yet to have an available approved fix. German motoring journal Auto Motor und Sport tested two Amarok TDI pickups pre and post software update and found that whilst engine power had remained the same, fuel consumption had increased by 0.5 litres/100 km.[170] This is believed in turn to have delayed the next wave of updates to the larger volume Passat model which had been expected to start on 29 February 2016 due to the further testing of the update by the KBA.[171] Volkswagen confirmed on 11 April 2016 that the Passat recall would be delayed as testing had revealed higher fuel consumption.[172] In 2017 Swedish auto journal Teknikens Värld performed tests on 10 different models and most of them showed a reduction in power output and increase in fuel consumption after having the update applied.[173]

Advertising, 2015 edit

In France, the MediaCom media agency, which buys advertising for Volkswagen, warned the French newspapers on 22 September 2015 that it would cancel planned Volkswagen and Audi campaigns in case they would cover the emission violations.[174] Given the scale that the scandal had already taken by that time, the threat had little effect on its coverage.[citation needed]

On the occasion of German Unity Day, Volkswagen launched an ad campaign in German Sunday newspapers, that it wanted to express its joy about the 25th anniversary of German reunification, its pride about having shaped the country together with all people for the last 25 years, to give thanks for the confidence of the customers it had experienced during all this time and that it wanted to thank all its employees and trade partners in Germany, and that in one sentence, that "it would do everything to win back the confidence of its customers".[175]

New orders, September 2015 edit

In September 2015, Volkswagen's Belgian importer, D'Ieteren, announced that it would offer free engine upgrades to 800 customers who had ordered a vehicle with a diesel engine which was likely to have been fitted with illegal software.[176][177]

As of October 2015, Sales of vehicles with EA 189 engines were halted in some European countries, including Spain, Switzerland, Italy, the Netherlands, Belgium and the UK.[176][178]

In the United States, Volkswagen withdrew its application for emissions certification for its 2016 diesel models, leaving thousands of vehicles stranded at ports in October 2015, which the company said contained software which should have been disclosed to and certified by the EPA.[179] EPA quarantined some 2016-models until it would become clear that their catalysts perform the same on the road as they do in tests.[180]

US Congressional Testimony, October 2015 edit

External videos
  Emissions Investigation Hearing, C-SPAN, 8 October 2015

On 8 October 2015, Volkswagen US CEO Michael Horn testified before the United States House Committee on Energy and Commerce stating: "This was not a corporate decision, from my point of view, and to my best knowledge today. This was a couple of software engineers who put this in for whatever reason... some people have made the wrong decisions in order to get away with something that will have to be found out."[181][182] The response was widely ridiculed.[183][184]

Compensation, November 2015 edit

On 9 November 2015, Volkswagen announced that, in addition to the US$2,000 it was offering current Volkswagen owners for trade-ins, 482,000 diesel Audi and Volkswagen owners in the United States would be eligible to receive US$1,000 in vouchers.[185] On 18 November 2015, Volkswagen said that approximately one quarter of the affected vehicle owners had applied to the program, which was estimated to cost at least $120 million in benefits.[186] Volkswagen confirmed that it is offering vouchers including to customers in Canada.[187] Volkswagen America said that accepting the gift cards does not prevent owners from filing lawsuits.[188] Volkswagen also created a claims fund that was managed by internal Volkswagen teams in conjunction with a third party claims administrator, following successful negotiations between Volkswagen, EPA, DOJ, FTC and the consumer class action attorneys. In addition an alternative claims fund was considered as a mechanism to encourage the class action settlement, to be managed by the well-known mediation attorney Kenneth Feinberg, but ultimately was not used. The claims fund offered full compensation packages (in the form of cash, buy-backs, repairs or replacement cars) to the approximately 600,000 United States owners affected by the scandal.[189] Despite earlier hints to the contrary, in December 2015 Volkswagen CEO Matthias Müller said that customers outside the US and Canada should also expect some type of compensation package: "we are working on an attractive package, let's call it compensation, for reduction in residual values in our cars".[190][191] However, on 11 January 2016, a Volkswagen spokesman said "there won't be compensation. All the indications are that residual values are unaffected";[192] the company, which continued to face pressure from E.U. officials to compensate European drivers as well,[193] blamed the confusion on "a slight mistranslation".[192] E.U. commissioner Elżbieta Bieńkowska said Volkswagen was treating European consumers unfairly, and Volkswagen responded that the situation in US and Canadian markets, where confidence in diesel technology was "severely shaken" and clients needed to wait longer for an engine fix due to tougher emissions standards, was not "automatically comparable" with other markets.[193]

On 21 April 2016, the federal district court for the Northern District of California, which was appointed in December 2015 to oversee almost all of the US litigation, including claims filed by vehicle owners and state governments, announced that Volkswagen would offer its US customers "substantial compensation" and buy back nearly 500,000 2.0-litre vehicles as part of a settlement in North America.[11] The court appointed former FBI Director Robert Mueller as a mediator to oversee the negotiations between claimants, regulators, and Volkswagen, to produce a final "consent decree" by late June 2016.[194][195]

European actions, 2015–2020 edit

Following its admission and recall plans in the United States, Volkswagen also started to establish similar plans in the European Union, where it was estimated that 8.5 million of the 11 million diesel vehicles affected by the scandal were located. The European Union warned Volkswagen in 2018 that it did not believe it was moving fast enough to issue repairs on the recalled cars, provide consumers with appropriate information on what steps Volkswagen was doing to resolve the problem, and what compensation they were offering affected consumers.[196] Volkswagen agreed to a €1 billion fine imposed by Germany for failing to monitor the employees that modified the software behind the scandal in 2018.[197]

In Germany, over 60,000 civil lawsuits of various degrees representing about 450,000 citizens were filed from 2015 through 2019 by Volkswagen owners, seeking similar compensation as Volkswagen had given to United States drivers. A case led by the Federation of German Consumer Organizations (VZBV) was brought against Volkswagen. At the Braunschweig Oberlandesgericht (Higher Regional Court) Volkswagen argued that where the United States had banned the affected cars, no EU member state had banned the affected vehicle, and thus there was no basis for any compensation. However, Judge Michael Neef rejected a summary judgement for Volkswagen in September 2019, allowing what was anticipated to be a multi-year case to go forward.[198][199] Volkswagen had settled with VZBV for about €830 million – providing between €1,350 and €6,257 to approximately 260,000 Volkswagen owners through the VZBV – in February 2020.[200] Many consumers were angered over this settlement, representing only a fraction of what Volkswagen had paid to United States' owners. One of the other civil cases, serving as a template for those not covered by the VZBV case, reached the Federal Court of Justice, Germany's highest court, and in May 2020 it ruled that the consumer was entitled to the full market value of the car, several times larger than what the settlement would have offered. It is unclear how much Volkswagen will owe from a result of the remaining civil lawsuits.[201][202]

A similar class-action suit against Volkswagen representing more than 91,000 owners is currently underway in the United Kingdom, seeking greater compensation for being sold vehicles known by Volkswagen to be defective. The High Court of Justice had giving preliminary findings in the case in April 2020 that there is a likelihood that Volkswagen did sell vehicles with a "defeat device" and attempted to abuse the process, allowing the trial to go forward.[203]

Consequences edit

 
Distribution of estimated actual excess Volkswagen light duty diesel vehicle NOx emissions summed over 2008 through 2015 (kg per km2).[204] The median value of emissions is used for each year. Emission density peaks at 446 kg per km2.[204]
 
Annual excess Volkswagen light duty diesel vehicle NOx emissions in kilotonnes (million kg). Results from 2008 through 2015 (blue) are estimates of actual excess emissions. Results from 2016 onward (red) are forecast based on the existing in-use vehicle fleet assuming no new sales of non-compliant vehicles from September 2015 and no retrofitting (used to calculate the benefit of a return to compliance).[204] The shaded region indicates the 95 percent confidence interval. The discontinuity is due to the difference in the baseline for past (based on FTP-75 drive cycle measurements) and future (based on a return to regulatory limit) emissions.[204]

Health consequences edit

Deaths edit

A peer-reviewed study published in Environmental Research Letters estimated that approximately 59 premature deaths will be caused by the excess pollution produced between 2008 and 2015 by vehicles equipped with the defeat device in the United States, the majority due to particulate pollution (87 percent) with the remainder due to ozone (13 percent). The study also found that making these vehicles emissions compliant by the end of 2016 would avert an additional 130 early deaths.[205][204]

Earlier non peer-reviewed studies published in media sources, quoted estimates ranging from 10 to 350 excess deaths in the United States related to the defeat devices based on varying assumptions.[206]

A 2022 study by economists found that each cheating Volkswagen car per 1,000 cars caused a low birth weight rate increase of 1.9 percent and infant mortality rate increase by 1.7 percent.[207]

Non-fatal health impacts edit

Since NO
2
is a precursor to ground-level ozone it may cause respiratory problems "including asthma, bronchitis and emphysema".[208][209][210] Nitrogen oxides amplify the effect of fine particulate matter soot which causes heart problems, a form of air pollution estimated to kill 50,000 in the United States annually.[211]

A peer-reviewed study published in Environmental Pollution estimated that the fraudulent emissions would be associated with 45 thousand disability-adjusted life years (DALYs) and a value of life lost of at least 39 billion US dollars.[212]

In June 2016, Axel Friedrich, formerly with the German equivalent of the E.P.A. and a co-founder of the International Council on Clean Transportation stated "It's not just fraud – it's physical assault."[213]

Environmental consequences edit

NOx also contribute to acid rain, and visibly brown clouds or smog due to both the visible nature of NO
2
, and the ground level ozone created by NO. NO and NO
2
are not greenhouse gases, whereas N
2
O
is.[214] NO
2
is a precursor to ground-level ozone.

Legal and financial repercussions edit

Government actions edit

Australia edit

In October 2015, the Australian Competition & Consumer Commission announced that it will not be investigating Volkswagen for possible violations of emissions standards, citing that a reasonable consumer would not be concerned about the tailpipe emissions of their vehicle and hence would not be a deciding factor in their purchase.[215] In March 2017, the Sydney Morning Herald reported that Audi and Volkswagen issued a voluntary recall for affected cars for software updates and in some cases hardware updates had begun in December 2016.[216] As of January 2018, several class action suits were dropped against Volkswagen, Audi and Skoda.[217]

In December 2019, Volkswagen was fined A$125,000,000 for making false and misleading representations about compliance with Australian diesel emissions standards.[218]

Belgium edit

In October 2015, the Belgian Chamber of Representatives set up a special Dieselgate committee.[219] It finalized a consensus report in March 2016, for the government to implement recommendations, with near-unanimous approval on 28 April 2016.[220]

In January 2016, public broadcaster VRT reported on Opel Zafira cars having lower emissions after an update compared to before receiving the update. Opel denied deploying software updates influencing emissions, and the Economic Inspection of the Federal Government started an investigation on the request of Minister of Consumer Protection Kris Peeters.[221]

Brazil edit

As of October 2015, Volkswagen Brazil confirmed that 17,057 units of its Amarok mid-size pickups produced between 2011 and 2012 and sold in Brazil were equipped with the emissions cheating software. The Brazilian Institute for the Environment and Renewable Natural Resources (Ibama) launched an investigation, warning that Volkswagen could face fines up to R$50,000,000.[222]

In September 2017, Volkswagen Brazil was ordered to pay R$1,000,000,000 to the 17,000 owners of the Amarok pickups equipped with defeat devices, as decided by the 1st Business Court of the Court of Justice of Rio de Janeiro. The automaker may still appeal the decision. The total amount reaches R$1,092,648,000 (US$348 million at the September 2017 exchange rate) and each consumer will receive R$54,000 (US$17,000) for material damages and another R$10,000 (US$3,000) for moral damages. In addition, the magistrate ordered the automaker to pay an additional R$1,000,000 into the National Consumer Protection Fund. According to the judge, the purpose was "to compensate the Brazilian society as a collective moral damage of a pedagogical and punitive nature because of the collective fraud caused in the domestic motor vehicle market".[223]

Canada edit

In September 2015, Environment Canada announced that it had begun an investigation to determine if "defeat devices" were installed in Volkswagen vehicles to bypass emission control tests in Canada.[224] On 15 December 2016 an agreement was reached[225] which allowed buybacks or trade-ins based on market value on 18 September 2015 or fitting an approved emissions modification. All three options also added a cash payment between CA$5,100 and CA$8,000.[226]

Ontario provincial authorities executed a search warrant at Volkswagen Canada offices in the Toronto area on 19 September 2017[227] as part of its investigation into the emissions scandal that rocked the company two years ago. The Ministry of the Environment and Climate Change have charged Volkswagen AG with one count under the province's Environmental Protection Act, alleging the German company did not comply with Ontario emission standards. The allegations have not been proven in court.[228]

In July 2018, Volkswagen Group Canada announced plans for its new Electrify Canada subsidiary to launch a network of public fast-charging stations in major cities and along major highways, starting with 32 charging sites in the four most-populated provinces: Ontario, Quebec, British Columbia and Alberta.[229][230]

On 9 December 2019, Volkswagen AG was charged with 60 counts of contravening the Canadian Environmental Protection Act, 1999.[231] On 22 January 2020, Volkswagen pleaded guilty to all charges and was fined CA$196.5 million.[232]

China edit

In October 2015, China's General Administration of Quality Supervision, Inspection and Quarantine announced the recall of 1,946 imported Tiguan SUVs and four imported Passat B6 sedans, in order to fix the emissions software problems.[233][234]

European Union edit

In September 2015, Government regulatory agencies and investigators initiated proceedings in France, Italy, Germany, Switzerland, Spain, the Netherlands, the Czech Republic and Romania. Several countries[vague] called for a Europe-wide investigation.[235][236][237] In October 2015 Werner Hoyer, President of the European Investment Bank (EIB) said the bank was considering recalling Volkswagen loans, and announced their own investigation into the matter.[238] On 27 October 2015, the European Parliament voted a resolution urging the bloc to establish a federal authority to oversee car-emissions, following reports in the press that top EU environmental officials had warned, since early 2013, that manufacturers are tweaking vehicles to perform better in the lab than on the road. The resolution urged for tougher emissions tests to be fully implemented in 2017, instead of being phased in between 2017 and 2019, as had been originally planned.[239] However, the European Commission proceeded with passing legislation that allowed the car industry an extra year before having to comply with the newer regulation. Also, it was revealed[by whom?] that the new "realistic" EU driving emissions test will continue to allow cars to emit more than twice the legal limit of nitrogen oxides (NOx) from 2019 and up to 50 percent more from 2021.[240] The legislation, opposed only by the Netherlands, is considered[by whom?] a great victory for the car industry, and has drawn stern critique from other MEPs. Dutch MEP Bas Eickhout referred to the new test as "a sham",[240] while liberal democrat MEP Catherine Bearder described the legislation as "a disgraceful stitch-up by national governments, who are once again putting the interests of carmakers ahead of public health".[240] In December 2015, the EU Parliament voted to establish a special committee to investigate whether regulators and executive officials, including the European Commission, failed to oversee the car industry and its pollution testing regimes.[241]

In June 2016, documents leaked to the press indicated that in 2010, European Commission officials had been warned by their in-house science team that at least one car manufacturer was possibly using a NOx-related defeat device in order to bypass emission regulation.[242] Kathleen Van Brempt, the chair of the EU inquiry into the scandal, found the documents "shocking" and suggested that they raised serious concerns with regard to the future of commission officials: "These documents show that there has been an astonishing collective blindness to the defeat device issue in the European commission, as well as in other EU institutions".[242]

In September 2020, European union laws changed and the European commission has the right to check car conformity to emission standards and to recall vehicles when needed. Fines can be up to €30,000 per car.[243]

France edit

Renault and Peugeot's headquarters were raided by fraud investigators in January and April 2016, respectively. As of January 2016, Renault recalled 15,000 cars for emission testing and fixing.[244][245][246] French authorities opened an inquiry in March 2016[247] into Volkswagen over the rigging of emission tests, with prosecutors investigating suspicions of "aggravated deception".[178]

Germany edit

In September 2015 former Volkswagen chief executive Martin Winterkorn resigned over the scandal, saying he had no knowledge of the manipulation of emissions results. One week later German prosecutors launched an investigation against him.[248] On 1 October a German prosecutor clarified, it was looking into allegations of fraud from unidentified individuals, but that Winterkorn was not under formal investigation.[249] On 8 October 2015 police raided Volkswagen headquarters.[250] As of 16 October 2015, twenty investigators worked on the case, targeting "more than two, but a lot fewer than 10" Volkswagen staff.[251] As of November 2015 the Kraftfahrt-Bundesamt KBA tested 50 cars from different manufacturers, both in laboratory and on-road with PEMS.[252] In May 2016, German transport minister Alexander Dobrindt said that Volkswagen, Audi, Mercedes-Benz, Opel and Porsche would all adjust settings that increased emission levels such as nitrogen dioxide in some diesel cars.[253] On 16 March 2017, German authorities raided the headquarters of Audi in Bavaria and Volkswagen in Wolfsburg.[254]

On 15 April 2019 Winterkorn and four other executives were charged by prosecutors in Braunschweig, Germany.[19] In August 2019, a district court ruled that updated software didn't properly address the emissions, citing a tested Tiguan turbodiesel engine that only reduced emissions in the ambient temperature range of 10–32 °C (50–90 °F).[255]

Audi's then CEO Rupert Stadler was taken into German custody in June 2018 until being released in October 2018, when he was also removed from being CEO.[256] In July 2019, Stadler was charged with fraud in Munich due to the scandal.[257]

Hong Kong edit

The Hong Kong Environmental Protection Department banned the Volkswagen Caddy on 16 October 2015.[258] As of 16 October 2015 the department had also tested the Amarok and Transporter commercial diesel vehicles but found them to be free of the defeat device.[259]

India edit

As of 25 September 2015, the Indian government directed the Automotive Research Association of India (ARAI) to investigate whether Volkswagen's vehicles had circumvented Indian laws and regulations on vehicle emission testing.[260][261] On 22 September 2015 the Indian Foundation of Transport, Research and Training (IFTRT) demanded a probe into Volkswagen's Confirmation of Production process for vehicles sold in India.[262] In October the Government of India later extended its deadline for the test results to the end of October 2015.[263] On 11 January 2017, ARAI's investigation into defeat devices was published and revealed that Volkswagen India had installed a derivation of the software used in the U.S. to defeat emission testing procedures in all of the Volkswagen group's product range in India with EA 189 engine series. This included  1.2-L, 1.5-L, 1.6-L and 2.0-L diesel engine variants across three different brands – Audi, Skoda and Volkswagen. The report called the defeat device "not a product failure but a clear case of cheating".[264]

Italy edit

On 6 October 2015 Italy's regulator of competition announced plans to investigate whether Volkswagen engaged in "improper commercial practices" when promoting its affected diesel vehicles.[265] On 15 October 2015, Italian State Police raided Volkswagen offices in Verona, and Volkswagen's Lamborghini offices in Bologna, placing six executives under investigation.[266]

Japan edit

In October 2015, Japan's Ministry of the Environment held an expert committee meeting to discuss this issue. There were 36 targeted cars which had been privately imported, although they were not sold through authorized resellers in Japan.[267]

Netherlands edit

In December 2016 the Dutch consumers authority ACM decided to investigate whether Dutch laws were broken and consumers misled, a report was due by June 2017. 5,000 Dutch Volkswagen owners have signed up for a class action lawsuit.[when?][268] Netherlands has spent billions of euros on subsidies in energy-efficient cars in the recent years.[vague] Jesse Klaver from the political party GroenLinks responded[when?] that the Netherlands must claim back money from the car manufacturers if it emerges that they have committed fraud in the Netherlands.[269]

Norway edit

Norway's prosecutors opened a criminal investigation into possible economic crimes committed by VW.[270]

In May 2016, Norway's sovereign wealth fund, the world's largest ($850 bn) and also one of the company's biggest investors, announced legal action against Volkswagen, to be filed in Germany as part of a class-action lawsuit being prepared there.[271]

Romania edit

On 1 October 2015 the Romanian Automotive Register (RAR) stopped issuing registration documents for Volkswagen vehicles equipped with Euro 5 diesel engines.[272]

South Africa edit

On 28 September 2015, the departments of Environmental Affairs and Transport and the National Regulator for Compulsory Specifications said they still needed to determine whether local cars had been affected by the rigging of US vehicle emissions tests.[273]

South Korea edit

As of 19 January 2016 South Korea, the world's eighth-largest diesel-car market, planned a criminal case against Volkswagen executives.[274] On 22 September 2015 South Korean authorities announced pollution control investigations into cars manufactured by Volkswagen and other European car-manufacturers. Park Pan-kyu, a deputy director at South Korea's environment ministry said: "If South Korean authorities find problems in the Volkswagen diesel cars, the probe could be expanded to all German diesel cars".[275]

In November 2015, after defeat devices had been found in some Volkswagen models, the Environment Minister issued a fine of 14,100,000,000 and ordered the cars to be recalled.[276] As of 20 January 2016, the country's environmental agency had filed criminal charges against VW, seeking up to $48 billion in penalties. Johannes Thammer, managing director of Audi Volkswagen Korea, was placed under investigation and faced up to five years in prison and a fine of up to 30,000,000.[277] Volkswagen's recall plan for South Korea, submitted on 6 January 2016, was rejected by the authorities, as it failed to meet a number of key legal requirements.[274] Authorities are also reported to have rejected a revised plan on 23 March 2016 for the same reasons.[278] In May 2016, following a wider investigation of 20 diesel-powered cars, South Korean authorities accused Nissan of using a defeat device for manipulating emissions data for the British-built Nissan Qashqai, allegations which the Japanese carmaker denied.[279]

In August 2019, the government announced a ban on 8 VW Group diesel models cars for cheating emissions regulations.[280][281]

Spain edit

As of 28 October 2015, a Spanish court had opened a criminal probe against Volkswagen AG, to establish whether the company's actions broke any local laws.[282]

Sweden edit

As of 29 September 2015, Sweden's chief prosecutor was considering starting a preliminary investigation into Volkswagen's emissions violations.[283]

Switzerland edit

On 26 September 2015 Switzerland banned sales of Volkswagen diesel cars, marking the most severe step taken so far by a government in reaction to the emissions crisis.[284]

United Kingdom edit

The Department for Transport announced on 24 September 2015 that it would begin re-testing cars from a variety of manufacturers to ensure the use of "defeat devices" was not industry wide.[285] The UK Parliamentary Transport Select Committee opened an enquiry into Volkswagen Emissions Violations with evidence sessions on 12 October 2015 and 25 January 2016. The Select Committee published a letter from Paul Willis, managing director of Volkswagen Group UK Ltd of 21 December 2015 stating: "In very simple terms, the software did amend the NOx characteristics in testing. The vehicles did meet EU5 standards, so it clearly contributed to meeting the EU5 standards in testing".[286]

A report on "real world" tests commissioned by the Government published in April 2016 showed emissions from 37 diesel engines up to 14 times higher than had been claimed, with every vehicle exceeding the legal limit of nitrogen oxide emissions.[287] Only Volkswagen group vehicles were found to have test cycle detection software.

In January 2017, an action group announced it had 25,000 vehicle owners who were seeking compensation of £3,000–4,000 per vehicle.[citation needed]

In May 2022, VW UK settled UK class action claims from around 90,000 drivers, totalling £193m, without admitting liability.[288] Due to time limitations, Dieselgate victims not part of this group litigation will unlikely be able to make a claim from May 2022 onwards.[289]

United States edit
 
Recalled Volkswagens stored at Gary/Chicago International Airport

VW suspended sales of TDI-equipped cars in the US on 20 September 2015. On 21 September 2015 the EPA announced that should the allegations be proven, Volkswagen Group could face fines of up to US$37,500 per vehicle (about US$18 billion in total).[290] In addition to possible civil fines, the United States Department of Justice Environment and Natural Resources Division were doing a criminal probe of Volkswagen AG's conduct.[291][292] 22 September 2015 The United States House Energy Subcommittee on Oversight and Investigations announced that it would hold a hearing into the Volkswagen scandal while New York Attorney General Eric Schneiderman said that his investigation was already underway.[293] As of 29 October 2015, over 25 other states' attorneys general, and the Federal Bureau of Investigation in Detroit, were involved in similar investigations.[270] On 12 November 2015, the FBI confirmed to engineering magazine Ingeniøren that it had an ongoing investigation,[294] after previous unconfirmed reports.[45]

As of 6 October 2015, the EPA decided to broaden its investigations onto 28 diesel-powered models made by BMW, Chrysler, General Motors, Land Rover and Mercedes-Benz. The agency would initially focus on one used vehicle of each model, and widen the probe if it encountered suspicious data.[295] The EPA has described[when?] the hidden Volkswagen pollution as "knowing endangerment".[296] In May 2016, the owners of Mercedes-Benz confirmed that the US Justice Department asked Daimler AG to run an internal investigation into its diesel emissions testing, as well.[253]

On 4 January 2016, the Justice Department, on behalf of the EPA, brought suit against Volkswagen in the United States District Court for the Eastern District of Michigan in Detroit. The complaint, seeking up to $46 billion in penalties for Clean Air Act violations,[297] alleged that Volkswagen equipped certain 2.0 and 3.0-litre diesel-engine vehicles with emissions cheating software, causing NOx pollution to exceed EPA's standards during normal driving conditions. It further claimed that Volkswagen entities provided misleading information and that material omissions impeded and obstructed "efforts to learn the truth about the (excess) emissions".[297] while "so far recall discussions with the company have not produced an acceptable way forward".[141][298] On 9 January 2016, US officials criticized Volkswagen for citing German law in order to withhold documents from a group of states investigating the company's actions. Schneiderman also complained over Volkswagen's slowness in producing documents from its US files, claiming the company "has sought to delay responses until it completes its 'independent investigation' several months from now".[297]

On 12 January 2016, US regulators rejected Volkswagen's recall plans for its affected 2.0-litre diesel engines, submitted to CARB in December 2015, claiming that these "do not adequately address overall impacts on vehicle performance, emissions and safety".[299][300] Volkswagen confirmed that its discussions with CARB will continue, and said that the company is working on bringing "a package together which satisfies our customers first and foremost and then also the regulators".[299] The states of Arizona, West Virginia, New Mexico, and Texas, as well as Harris County, Texas, all filed separate lawsuits seeking restitution from VW. The company also faces investigations by 48 United States state attorneys (as of February 2016).[301][302][303]

On 29 March 2016, Volkswagen was additionally sued by the United States Federal Trade Commission for false advertising due to fraudulent claims made by the company in its promotion of the affected models, which touted the "environmental and economic advantages" of diesel engines and contained claims of low emissions output. The suit was consolidated into existing litigation over the matter in San Francisco, which would allow the FTC to participate in global settlements over the matter.[304]

The Ninth U.S. Circuit Court of Appeals ruled on 1 June 2020 that Volkswagen was liable for further legal damage lawsuits brought by state and local governments in the emissions fraud. The unanimous ruling by the court paved the way for two counties in Florida and Utah to proceed with litigation against Volkswagen, as well as potential further cases brought by jurisdictions in the US. By June 2020, VW had already expended $33.3 billion in settlements and other costs including buybacks of the excessively polluting diesel vehicles. In a statement, VW said it would ask the circuit court to review the ruling, and that the company if necessary would take the case to the U.S. Supreme Court.[305]

Charges against Volkswagen engineering/management edit

On 9 September 2016, James Robert Liang, a Volkswagen engineer working at Volkswagen's testing facility in Oxnard, California, admitted as part of a plea deal with the US Department of Justice that the defeat device had been purposely installed in US vehicles with the knowledge of his engineering team: "Liang admitted that beginning in about 2006, he and his co-conspirators started to design a new "EA 189" diesel engine for sale in the United States. ... When he and his co-conspirators realized that they could not design a diesel engine that would meet the stricter US emissions standards, they designed and implemented [the defeat device] software".[59]

On 7 January 2017, former top emissions compliance manager for Volkswagen in the US Oliver Schmidt was arrested by the FBI on a charge of conspiracy to defraud the United States.[306] On 11 January 2017 Volkswagen pleaded guilty to weaving a vast conspiracy to defraud the US government and obstructing a federal investigation and agreed to pay a US$2.8 billion criminal fine and US$1.5 billion in civil penalties. In addition, six executives have been criminally charged.[307]

On 3 May 2018, former Volkswagen CEO Martin Winterkorn was indicted on fraud and conspiracy charges in the emissions scandal case. He has repeatedly denied any knowledge of the rigged emissions tests.[15]

Settlement edit

On 25 October 2016, a final settlement was approved by a judge. About 475,000 Volkswagen owners in the US were given the choice between a buyback or a free fix and compensation, if a repair becomes available. Volkswagen will begin administering the settlement immediately, having already devoted several hundred employees to handling the process. Buybacks range in value from $12,475 to $44,176, including restitution payments, and vary based on mileage. People who opt for a fix approved by the Environmental Protection Agency will receive payouts ranging from $5,100 to $9,852, depending on the book value of their car.

Of the buyback, 138,000 had been completed by 18 February 2017 with 150,000 more to be returned. 52,000 chose to keep their cars. 67,000 diesel cars from model year 2015 were cleared for repairs, but left uncertainty about the future of 325,000 "Generation One" diesel VWs from the 2009–2014 model years, which use the "lean NOx trap" and would be harder to repair.[308][309]

In March 2018, Reuters reported that 294,000 cars from the buyback program have been stored at 37 regional US staging sites;[310] some of the first reported sites included: Colorado Springs, Colorado;[311] Pontiac, Michigan;[312] Baltimore, Maryland;[313] San Bernardino, California;[314] and Gary, Indiana.[315]

Volkswagen will also pay $2.7 billion for environmental mitigation and another $2 billion for clean-emissions infrastructure.[316] Toward that end, Volkswagen formed a U.S. subsidiary called Electrify America, LLC., based in Reston, Virginia, that will manage the $2 billion brand-neutral zero-emission vehicle infrastructure programs and marketing campaigns for the next ten years. The group will get four installments of $500 million, at 2+12-year intervals, subject to California Air Resources Board and U.S. EPA approval.[317] Volkswagen plans to install hundreds of chargers with 50, 150 and even some ultra-fast 320 kW charge rate, beginning in California in 2017.[318][319] Competing charge networks (and automakers) saw the effort as controversial.[320][321] In August 2018, Electrify America launched the first national media advertising campaign to promote electric vehicles; it featured the Chevy Bolt, with other EVs in cameo roles.[322]

Securities and Exchange Commission lawsuit edit

On 14 March 2019, the U.S. Securities and Exchange Commission filed a complaint against Volkswagen and its former CEO Martin Winterkorn alleging that they defrauded investors by selling corporate bonds and asset-backed securities while knowingly making false and misleading statements to government regulators, underwriters, and consumers as to the quality of their automobiles.[323]

Private actions edit

By 27 September 2015 at least 34 class-action lawsuits had been filed in the United States[324][325][326] and Canada[327][328] on behalf of Volkswagen and Audi owners, accusing Volkswagen of breach of contract, fraudulent concealment, false advertising, and violations of federal and state laws, and positing the "diminished value" of diesels that will be fixed to conform with pollution regulations, due to possible reductions in horsepower and fuel efficiency.[329] According to Reuters, one reason class action lawyers were able to mobilize so fast is that the company's marketing to upscale professionals, including jurists, had backfired.[330]

As of 30 September 2015, at least one investor lawsuit seeking class action status for holders of Volkswagen American Depositary Receipts had been filed in the United States seeking compensation for the drop in stock value due to the emissions scandal.[331]

On 7 October 2015, the Los Angeles Times reported that the number of class-action lawsuits filed had grown to more than 230.[332]

On 19 November 2015, ABC News Australia reported that more than 90,000 VW, Audi and Skoda diesel vehicle owners had filed a class action lawsuit against Volkswagen in the country's Federal Court.[188]

On 8 December 2015, the United States Judicial Panel on Multidistrict Litigation issued an order consolidating over 500 class actions against Volkswagen into a single multidistrict litigation, captioned In re: Volkswagen 'Clean Diesel' Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2672, and transferred the entire MDL to Judge Charles R. Breyer of the federal district court for the Northern District of California.[333][309]

On 21 January 2016, Judge Breyer held a hearing on the requests by over 150 plaintiff's attorneys for some kind of leadership role in the gigantic Volkswagen MDL, of which over 50 sought to serve as lead counsel or to chair the plaintiffs' steering committee.[334] More than 100 of those attorneys tried to squeeze into his San Francisco courtroom to argue their requests in person, and some of them had to stand in the aisles or in the outside hallway.[334] That afternoon, Judge Breyer issued an order naming 22 attorneys to a plaintiffs' steering committee, and of those, selected Elizabeth Cabraser of Lieff Cabraser as chair of the committee.[334] On the other side, Volkswagen hired Robert Giuffra of Sullivan & Cromwell as its lead defense counsel in the MDL.[335]

On 14 March 2016, Volkswagen AG was sued in Germany for allegedly failing to inform financial markets in a timely manner about defeat devices used in diesel engines. The suit on behalf of 278 institutional investors seeks €3.3 billion (US$3.7 billion at March 2016 exchange rate) in compensation.[336] BlackRock Inc., the world's largest asset manager, joined other institutional investors in the lawsuit in September 2016.[337]

In November 2015, Moody's Investors Service downgraded Volkswagen's bond credit rating from A2 to A3.[338] Fitch Ratings downgraded Volkswagen's Long-term Issuer Default Rating by two notches to BBB+, with a negative outlook.[185][339]

In May 2016, The Children's Investment Fund Management, run by Chris Hohn and retaining a 2 percent stake in Volkswagen preference stock, launched a campaign aiming to overhaul the company's executive pay system, arguing that "for years management has been richly rewarded with massive compensation despite presiding over a productivity and profit collapse", thereby leading to an "aggressive management behavior" and contributing to the diesel emission scandal.[340] Later the same month, German investor group DSW called for an independent audit of Volkswagen's emissions-cheating practices, arguing that the company's internal investigation might not necessarily make everything transparent to smaller shareholders.[341]

On 28 June 2016, Volkswagen agreed to pay $15.3 billion[342] to settle the various public and private civil actions in the United States, the largest settlement ever of an automobile-related consumer class action in United States history.[343] On 25 October 2016, a U.S. federal judge approved the settlement.[344] Up to $10 billion will be paid to 475,000 Volkswagen or Audi owners whose cars are equipped with 2.0-litre diesel engines. Owners can also opt to have their car repaired free of charge or can sell it back to the company, who will pay back its estimated value from before the scandal began. Leases can also be terminated without incurring penalty charges. Independent of which options are selected, owners will still receive compensation ranging from $5,000 to $10,000 per affected car. Additionally, should they choose to decline the offer, they are free to pursue independent legal action against the firm.[345] The settlement also includes $2.7 billion for environmental mitigation, $2 billion to promote zero-emissions vehicles and $603 million for claims by 44 states, Washington, D.C., and Puerto Rico.[346] Volkswagen agreed not to resell or export any vehicles it repurchases unless an approved emission repair has been completed.[342] As of 28 June 2016, no practical engineering solutions that would bring the vehicles into compliance with emission standards had been publicly identified.[342] The consumer settlement will resolve all claims by participating consumers against Volkswagen and all its associates, except for any potential claims against Robert Bosch GmbH.[342] Bosch supplied two exhaust treatment components and engine control software.[166] In the case of 3.0-litre V6 TDI engines, Volkswagen suggested it can provide an uncomplicated fix that will bring the vehicles into compliance without adversely affecting performance, a move that the company hopes will avoid an expensive buyback of these cars.[347]

European Investment Bank's possible involvement edit

In January 2016, documents obtained by CEE Bankwatch Network provided more details for a European Investment Bank statement that its loans to Volkswagen may have been connected to the car makers use of cheating devices to rig emission tests. The 'Antrieb RDI' loan was supposedly for creating cleaner drive trains.

However, during the bank's annual press conference on 14 January 2016, the bank president, Werner Hoyer, admitted that the 400,000,000 loan might have been used in the creation of an emissions defeat device.[348] Many redacted documents obtained by Bankwatch, along with the EIB not disclosing the details of the loan, hint to the bank possibly already knowing that there were some discrepancies with the 'Antrieb RDI' loan.[349]

In 2017, the European Anti-Fraud Office (OLAF) found that Volkswagen had misled the bank about the car company's use of emissions cheating software, in a scandal that has become known as Dieselgate.[348]

Also in 2017, Hoyer said the bank did not find "any indication" that its loans had been misused. However, six months later news website Politico reported that Olaf had concluded that Volkswagen acquired the EIB loan through "fraud" and "deception".[348]

Models affected edit

 
Vehicle line-up at 2012 Volkswagen Great Canadian Clean Diesel Tour

By 22 September 2015, Volkswagen had admitted that 11 million vehicles sold worldwide are affected in addition to the 480,000 vehicles with 2.0 L TDI engines sold in the US.[350] According to Volkswagen, vehicles sold in other countries with the 1.6 L and 2.0 L 4-cylinder TDI engine known as Type EA189 are also affected. This software is also said to affect EA188 and the 2015 EA288 generation of the four-cylinder.[351] Worldwide, around 1.2 million Skodas[352] and 2.1 million Audis may contain the software, including TTs and Qs.[353] VW states that Euro6 model in Germany are not affected, while 2015 US models with the same EA288 engines are affected. This suggests that normal-operation measurements that place the EA288 NOx emissions between the two standards' limits were readily available at Volkswagen headquarters in Germany. According to Müller, the 1.2 and 2.0-litre models may be updated by software, whereas the around 3 million 1.6-litre require various hardware solutions, and some cars may even be replaced. The cars are so diverse that many different solutions are required.[354]

Over one quarter of Volkswagen's sales in the US are diesel-powered vehicles. The corporation has chosen a market strategy that emphasizes clean diesel over electric cars or hybrid electric vehicles.[355]

The vehicles affected by the recall in the US include the following model years:[356][357][358][359][360]

The EPA revealed on 2 November 2015 that Volkswagen had shipped additional diesel models with defeat devices, including the 2014 VW Touareg and the 2015 Porsche Cayenne. Model year 2016 Audi Quattro diesels were also found affected, including several 2016 Audi Quattro models (the 2016 Audi Quattro A6, A7, A8, A8L, and Q5).[361] Cynthis Giles, the EPA Assistant Administrator for Office of Enforcement and Compliance Assurance, called out the company for further refusing to take responsibility for its failure to comply with the law. Under US federal Clean Air Act, Volkswagen could be liable for up to $375 million in fines.[362]

Resale value edit

As of 26 October 2015, the resale value of affected model cars in the US was down from 5 to nearly 16 percent depending on model as compiled by Black Book and Kelley Blue Book based on used car auction prices, the volume of which was also down.[363]

On 15 March 2016, Volkswagen Financial Services took a writedown of 353,000,000 to cover a potential decline in the residual value of the fleet of its leased cars.[364]

Effects on Volkswagen corporate edit

Stock value edit

 
Price of Volkswagen AG (VOW.DE) stock, Adjusted Close. Width of line shows Volume. Text in green is the percent difference from previous day's close. In red is the percent difference from the close on 17 September 2015.[365]
Price of Volkswagen AG (VOW.DE) stock 17 September–5 October 2015[365]
Date Adj Close Volume % diff from 17 Sep % diff from previous day
17 September 167 60,600 0.00%
18 September 161 112,700 −3.61% −3.61%
21 September 134 1,496,700 −20.13% −17.14%
22 September 111 3,058,700 −33.57% −16.83%
23 September 119 2,381,300 −28.97% 6.92%
24 September 119 1,542,800 −28.97% 0.00%
25 September 116 880,700 −30.97% −2.82%
28 September 107 865,400 −36.02% −7.31%
29 September 103 513,700 −38.29% −3.55%
30 September 105 416,500 −37.31% 1.60%
1 October 105 477,700 −38.59% 0.10%
2 October 101 588,700 −39.58% −3.71%
5 October 103 754,400 −38.59% 1.63%

On 21 September 2015, the first day of trading after the EPA's Notice of Violation to Volkswagen became public, share prices of Volkswagen AG fell 20 percent on the Frankfurt Stock Exchange.[366] On 22 September, the stock fell another 12 percent. On 23 September, the stock quickly fell 10.5 percent, dropping below €100 to a record 4-year low before regaining some lost ground.[367][368] Share prices of other German automakers were also affected, with BMW down 4.9 percent and Daimler down 5.8%.[369] A year later Volkswagen stock was down by 30 percent.[370]

Qatar, one of the biggest Volkswagen shareholders with a 17 percent stake in the company, lost nearly $5 billion as the company stock value fell.[371]

Sales edit

The US sale of Volkswagens was 23,882 vehicles in November 2015, a 24.7 percent decline from November 2014.[372][373]

In South Korea, sales in November rose 66 percent to 4,517 units from a year ago due to the Volkswagen's aggressive marketing efforts such as a discount of up to 18,000,000 (US$15,600 at December 2015 exchange rates) for some models.[374]

In Great Britain, the scandal did not affect sales, which increased in 2016 to an all-point high, placing Volkswagen second in the league of best-selling cars.[375]

VW sales across Europe returned to growth in April 2016 for the first time since the scandal broke, with a group market share of 25.2 percent, compared to its previous level of 26.1 percent.[376]

Industry consequences edit

Renault believes that diesel cars would become significantly more expensive when re-engineered to comply with new emissions regulations as a result of the Volkswagen disclosures, to the point that diesel cars may not be competitive.[377] Industry-wide, small diesel engines are being replaced by bigger ones,[378][379] and electric car sales have risen.[370]

Suzuki had won the case to terminate its partnership with Volkswagen at the International Court of Arbitration of the International Chamber of Commerce and dissolved the capital tie-up until September 2015,[380] and was not involved in this scandal.

On 16 June 2016, Volkswagen announced plans to make major investments into the production of electric vehicles; Matthias Müller predicted that Volkswagen would introduce 30 all-electric models over the next 10 years, and that electric vehicles would account for around a quarter of its annual sales by 2025. Volkswagen plans to fund the initiative by streamlining its operations and engaging in cost-cutting. Müller stated that the changes would "require us – following the serious setback as a result of the diesel issue – to learn from mistakes made, rectify shortcomings and establish a corporate culture that is open, value-driven and rooted in integrity".[381] Volkswagen plans a battery factory near Salzgitter to compensate for the reduced numbers of piston engines.[382][383]

In November 2016, Volkswagen and its labour unions agreed to reduce the workforce by 30,000 people until 2021 as a result of the costs from the violations. However, 9,000 new jobs would come by producing more electric cars.[384] Volkswagen CEO Herbert Diess stated to the German financial publication Handelsblatt that the company planned to stop marketing diesel models in the U.S., citing "the legal framework".[385]

Secondary market consequences edit

A study made by the researchers Prof. Itai Ater from Tel Aviv University and Nir S. Yoseph, a Phd candidate from Tel Aviv University,[386] explored the effect of the scandal on the secondary market in Israel. According to this study, which was publish at The Journal of Industrial Economics the Volkswagen emissions scandal had a statistically significant negative effect on the number of transactions in the secondary market involving the affected models (nearly -18 percent) and on their resale price (nearly -6 percent). The study also find that the reduction in the number of transactions was driven mostly by private sellers and that non-private sellers barely shied away from the market. These findings suggest that the supply of used cars among private sellers is much more elastic relative to the supply of used cars among non-private sellers.[387] The authors of the study argue that lower willingness-to-pay and adverse selection following Dieselgate could also explain those results.[388]

Other manufacturers edit

After news broke out of Volkswagen cheating on diesel emissions, multiple other vehicle manufacturers got caught falsifying emissions data, as well as exceeding legal emission limits. This uncovered a greater industry-wide issue that goes far beyond only Volkswagen Group.

Automakers who have been caught using a defeat device within a diesel vehicle, in a similar manner to Volkswagen include: Jeep and Ram under FCA[389] (now a part of Stellantis), Opel[390] (when under GM), and Mercedes-Benz.[391]

Other manufacturers have been accused, with varying amounts of evidence, of using diesel defeat devices in their vehicles, but have yet to be proven. Some of the manufacturers accused include: Toyota,[392][393] Suzuki,[394] BMW,[395] Citroën and Peugeot under PSA[396] (now a part of Stellantis), Mitsubishi,[397] Nissan and Renault,[398] Chevrolet and GMC,[399] Ford,[400] Cummins,[401] as well as Hyundai and Kia.[402]

While not all using defeat devices, diesel vehicles built by a wide range of carmakers, including Volvo, Renault, Mercedes, Jeep, Hyundai, Citroen, BMW, Mazda, Fiat, Ford and Peugeot[47][48] had independent tests carried out by ADAC that proved that, under normal driving conditions, many diesel vehicles exceeded legal European emission limits for nitrogen oxide (NOx), some by more than 10 times, and one by 14 times.[48] Researchers have criticized the inadequacy of current regulations and called for the use of a UN-sanctioned test called Worldwide harmonized Light vehicles Test Procedures that better reflects real-life driving conditions, as well as on-road emissions testing via PEMS. The two types of new test started to come into force in 2017, with critics saying that car firms have lobbied fiercely to delay their implementation, due to the high cost of meeting stricter environmental controls.[47]

The Volkswagen scandal has increased scrutiny on combustion engines in general, and Volkswagen and several other car makes have been shown to pollute more than allowed.[46][47][48] A French government report in 2016 investigated 86 different cars, and about 1/5th of those were found to comply with emission laws. One car was measured to emit 17 times more than allowed.[403] An overview of tests showed that cars turned off the exhaust improvement device in many ordinary conditions,[404] with 5 out 38 cars complying with regulations in an English test.[405] A German test showed 10 out of 53 cars compliant when exposed to temperatures below 10 degrees Celsius.[406] A French test showed 4 out of 52 cars compliant when tested outside (not in a laboratory).[407]

As of March 2017, 38 out of 40 diesel cars of all brands tested by ADAC failed a NOx-test based on government standards.[408]

Beyond exclusively diesel or passenger vehicles, automakers such as: Hino[409] (subsidiary of Toyota), Hyundai and Kia,[410] Nissan,[411] Mazda, Yamaha Motors, Suzuki,[412] Subaru,[413] and others have been proven to be falsifying fuel economy or emissions on non-diesel powered and/or commercial vehicles.

Monkeygate edit

In January 2018, it was revealed that Volkswagen had experimented on monkeys in May 2015 to prove that diesel exhaust was not harmful to primates. The disclosure of the tests was named Monkeygate.[414][415] However, the test car was a Volkswagen Beetle fitted with the defeat device that produced far less emissions in the experiment than it would on the highway.[416][417] Volkswagen's top lobbyist, Thomas Steg, was suspended on 23 January 2018.[418]

Reactions edit

Political figures edit

German Chancellor Angela Merkel stated she hoped that all facts in the matter would be made known promptly, urging "complete transparency". She additionally noted that Germany's Transport Minister, Alexander Dobrindt, was in ongoing communication with Volkswagen.[419]

Michel Sapin, the French Finance Minister, called for an investigation of diesel-powered cars that would encompass the entire continent of Europe.[420]

Catherine Bearder, MEP for South East England, commented on 27 October 2015 in the European Parliament that "we now have the political momentum for a radical overhaul that will ensure carmakers cannot dodge the rules", defending an EU resolution meant to specifically "cut deadly pollution from diesel vehicles".[239] However, when the European Commission proceeded with passing legislation that allowed the car industry more time to comply with the newer regulation, while also permitting cars, even under the more "realistic" tests, to emit more than twice the legal limit of nitrogen oxides (NOx) from 2019 and up to 50 percent more from 2021, Bearder denounced the legislation as "a disgraceful stitch-up by national governments, who are once again putting the interests of carmakers ahead of public health".[240]

London Assembly member Stephen Knight suggested on 1 November 2015 that diesel vehicles should either be banned in the future, or face stringent tests before being allowed to enter London's low-emissions zone. The city's deputy mayor for the environment, Matthew Pencharz, responded that such measures could lead to serious economic problems.[421]

Automotive industry and other commentators edit

Major car manufacturers, including Toyota, GM, PSA Peugeot Citroen, Renault, Mazda, Daimler (Mercedes Benz), and Honda, issued press statements reaffirming their vehicles' compliance with all regulations and legislation for the markets in which they operate; The Society of Motor Manufacturers and Traders described the issue as affecting "just one company", with no evidence to suggest that the whole industry might be affected.[422]

Renault-Nissan CEO Carlos Ghosn said it would be difficult for an automaker to conceal internally an effort to falsify vehicle emissions data, such as has happened at Volkswagen AG: "I don't think you can do something like this hiding in the bushes."[423]

Jim Holder, the editorial director of Haymarket Automotive, which publishes WhatCar and AutoCar, opined that there had never been a scandal in the automotive industry of this size.[424]

A commentary in Spiegel Online argued that the Volkswagen scandal will affect the entire German industry, and that German companies operating abroad will face a decrease in competitiveness.[425]

Alan Brown, chairman of the Volkswagen National Dealer Advisory Council, commented on the scandal's negative impact on US dealers, who were already struggling with overpriced products and a deteriorating relationship between the company and the dealer body.[426] Car and Driver similarly emphasized Volkswagen's inability to efficiently operate in the US market, while also suggesting that the company had grossly underestimated the EPA's power, and inexplicably failed to go public before the story broke, despite receiving ample warning.[427]

Tesla Motors CEO Elon Musk was asked about his opinion whether the scandal will weaken the consumer's view on green technologies; he responded saying he expects the opposite to happen: "What Volkswagen is really showing is that we've reached the limit of what's possible with diesel and petrol. The time has come to move to a new generation of technology."[428]

Similarly, analysts at Fitch suggested the Volkswagen diesel emissions crisis was likely to affect the entire automotive industry, with petrol cars potentially enjoying a revival in Europe and greater investment being poured into electric vehicles.[79] Other commentators argued that the diesel engine will nevertheless regain its footing in the market, due to its international indispensability, low CO2 emissions and strong presence in the US pickup– and commercial–truck segments.[427]

On 29 September 2015, S&P Dow Jones Indices and RobecoSAM stated that Volkswagen AG's stock will be de-listed from the Dow Jones Sustainability indexes after close of trading on 5 October 2015. Among the reasons for the de-listing, the statement issued by RobecoSAM cited social and ethical reasons, and confirmed that Volkswagen will no longer be identified as an Industry Group Leader in the "Automobiles & Components" industry group.[429]

In early October, Green Car Journal rescinded its Green Car of the Year awards, for models that "best raise the bar in environmental performance", that were given to the 2009 Volkswagen Jetta TDI and 2010 Audi A3 TDI models.[430]

In December 2015, a group of business and environmental leaders, including Tesla CEO Elon Musk, addressed an open letter to CARB, urging the agency to absolve Volkswagen of recalling the 85,000 diesel vehicles affected by the scandal in the US, and argued that Volkswagen should instead be asked to allocate resources to an accelerated rollout of zero-emissions vehicles ("cure the air, not the cars"). The letter, which includes a 5-step legally enforceable plan, argues that this course of action could result in a "10 for 1 or greater reduction in pollutant emissions as compared to the pollution associated with the diesel fleet cheating", while suggesting that the affected vehicles on the road in California "represent an insignificant portion of total vehicles emissions in the State" and "do not, individually, present any emissions-related risk to their owners or occupants".[431][432] Similar requests were put forward by the American Lung Association, who petitioned the EPA to determine Volkswagen to promote zero-emissions vehicles, build sustainable transport infrastructure and retrofit older diesel models with superior emissions controls.[433]

Volkswagen got a 2016 Ig Nobel Prize in chemistry from the scientific humor magazine Annals of Improbable Research for "solving the problem of excessive automobile pollution emissions by automatically, electromechanically producing fewer emissions whenever the cars are being tested".[434]

Media edit

The Volkswagen TDI emissions scandal has received widespread negative media exposure,[435][436][437][438][439][440] with headlines fronting the websites of multiple news gathering and reporting organizations.[65][112][441][442] Reuters said that the crisis at Volkswagen could be a bigger threat to the German economy than the consequences of the 2015 Greek sovereign debt default.[443] Deutsche Welle, one of Germany's state broadcasters, said that a "lawsuit tsunami" was headed for Volkswagen and that the scandal had dealt a blow to the country's psyche and "Made in Germany" brand.[444] Popular Mechanics said that the scandal "is much worse than a recall", highlighting that Volkswagen had engaged in a pattern of "cynical deceit".[445]

The Volkswagen emissions cheating scandal has joined the ranks of other -gate suffix stories, with media coining both Dieselgate and Emissionsgate to describe it.[161][173][219][446][447][448]

Public polling edit

Despite the scandal, one poll conducted for Bild suggested that the majority of Germans (55 percent) still have "great faith" in Volkswagen, with over three-quarters believing that other carmakers are equally guilty of manipulation.[449] Similarly, a poll conducted by the management consultancy Prophet in October 2015 indicated that two-thirds of Germans believe the scandal to be exaggerated and continue to regard Volkswagen as a builder of "excellent cars".[450] A survey by Northwestern University's Kellogg School of Management, Brand Imperatives and Survata said that nearly 50 percent of US consumers had either a positive or very positive impression of Volkswagen, while 7.5 percent had a "very negative" impression.[451] Another US survey by market researcher AutoPacific found that 64 percent of vehicle owners do not trust Volkswagen and only 25 percent of them have a positive view of Volkswagen following the scandal.[452][453]


See also edit

Notes edit

  1. ^ The vehicles tested were anonymous in the original WVU study. Emissions listed on page 64–65. NOx treatment listed on page 9. U.S. and European NOx limits listed on page 5 and 61.
  2. ^ In 2011, a study by the European Commission's Joint Research Centre found the average on-road NOx emission of the tested Euro 5 diesel vehicles to be 0.62 ± 0.19 g/km.[82]

Citations edit

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  3. ^ a b c d "The Passat" (PDF). UK: Volkswagen Group. 1 August 2008. Retrieved 23 May 2016.
  4. ^ a b "VW says sold first UK vehicle with emission test rigging software in 2008". Reuters UK. Retrieved 27 October 2015.
  5. ^ a b "The Passat Estate" (PDF). UK: Volkswagen Group. 1 July 2009. Retrieved 23 May 2016.
  6. ^ a b Volkswagen says 800,000 cars may have false CO2 levels – BBC News, BBC, 4 November 2015, retrieved 4 November 2015
  7. ^ Volkswagen European TDI repair for diesel cars, Autoweek.com, 17 December 2015, retrieved 27 December 2015
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  11. ^ a b Ewing, Jack (21 April 2016). "Volkswagen Reaches Deal in U.S. Over Emissions Scandal". The New York Times. Retrieved 25 April 2016.
  12. ^ a b Boston, William (6 November 2016). "New Discovery Broadens VW Emissions-Cheating Crisis". The Wall Street Journal. US. Retrieved 7 November 2016.
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  27. ^ "'It Was Installed For This Purpose', VW's U.S. CEO Tells Congress About Defeat Device". NPR. 8 October 2015. Retrieved 19 October 2015.
  28. ^ . US: EPA. 18 September 2015. Archived from the original on 2 March 2017. Retrieved 1 July 2016.
  29. ^ Jordans, Frank (21 September 2015). "EPA: Volkswagon [sic] Thwarted Pollution Regulations For 7 Years". CBS Detroit. Associated Press. Retrieved 24 September 2015.
  30. ^ a b "Abgasaffäre: VW-Chef Müller spricht von historischer Krise". Der Spiegel. Reuters. 28 September 2015. Retrieved 28 September 2015.
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  36. ^ "Automotive". Horiba Automotive. Retrieved 17 March 2021.
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  38. ^ "Timeline: Volkswagen's long road to a U.S. Dieselgate settlement". Reuters. 11 January 2017. Retrieved 10 January 2023.
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volkswagen, emissions, scandal, dieselgate, emissionsgate, redirect, here, other, diesel, emissions, scandals, diesel, emissions, scandal, sometimes, known, dieselgate, emissionsgate, began, september, 2015, when, united, states, environmental, protection, age. Dieselgate and Emissionsgate redirect here For other diesel emissions scandals see Diesel emissions scandal The Volkswagen emissions scandal sometimes known as Dieselgate 23 24 or Emissionsgate 25 24 began in September 2015 when the United States Environmental Protection Agency EPA issued a notice of violation of the Clean Air Act to German automaker Volkswagen Group 26 The agency had found that Volkswagen had intentionally programmed turbocharged direct injection TDI diesel engines to activate their emissions controls only during laboratory emissions testing which caused the vehicles NOx output to meet US standards during regulatory testing However the vehicles emitted up to 40 times more NOx in real world driving 27 Volkswagen deployed this software in about 11 million cars worldwide including 500 000 in the United States in model years 2009 through 2015 28 29 30 31 Volkswagen emissions scandalA 2010 Volkswagen Golf TDI displaying Clean Diesel at the Detroit Auto ShowDate2008 2015LocationWorldwideAlso known asDieselgate EmissionsgateTypeEmission standard violationsCauseEngaging full emissions control only during testingParticipantsInternational Council on Clean Transportation West Virginia University Volkswagen Group US EPA other regulatorsOutcomeFines and lawsuitsFootagevwdieselinfo wbr comTimeline1999New US Tier 2 rules established to replace Tier 1 NOx limit decreasing from 1 0 g mi to 0 07 g mi2004 2009Phase in period of diesel emissions rules2007Volkswagen suspends sales of current diesel lines awaiting technology to meet new standards Bosch allegedly warns Volkswagen not to use its software illegally 1 2 2008Volkswagen announces new Clean Diesel cars Some cars are described in Europe as EU4 emissions standard EU5 compliant 3 Cars with the test rigging software are sold in the UK 4 2009US Tier 2 fully in effect Volkswagen TDI cars go on sale in US In Europe some models are now being described as Euro emission class 5 a change from class 4 in 2008 3 5 2009 2015Volkswagen diesel sales in the US rebound Clean Diesels win several environmental awards receive tax breaks2013International Council on Clean Transportation asks WVU CAFEE to help demonstrate the benefits of US diesel technology hoping to have Europe follow suitMay 2014Instead CAFEE finds discrepancies showing poor on road emissions Results presented at public forum and published getting attention of EPA2014 2015EPA repeats tests and contacts Volkswagen for explanation of poor real world NOx emissionsDec 2014Volkswagen orders voluntary recall of TDI cars but CARB and EPA not satisfied3 September 2015EPA threatens to not certify 2016 diesels Volkswagen responds by admitting software was programmed to cheat testing18 September 2015Public announcement by EPA of order to recall 2009 2015 cars20 September 2015Volkswagen admits deception issues public apology21 September 2015First business day after news Volkswagen stock down 20 percent22 September 2015Volkswagen to spend 7 3B to cover costs of scandal stock declines another 17 percent23 September 2015CEO Martin Winterkorn resigns29 September 2015Volkswagen announces plans to refit up to 11 million vehicles affected by the emissions violations scandal2 October 2015Volkswagen sets up an online based service on which customers can check if their car is affected based on the vehicle identification number8 October 2015Volkswagen US CEO Michael Horn testifies before US Congress3 November 2015Volkswagen s investigation finds that CO2 emissions and fuel consumption figures are also affected by irregularities 6 25 November 2015The German Federal Motor Transport Authority KBA approves Volkswagen fixes for 1 2 1 6 and 2 0 diesel engines in Europe 7 8 9 December 2015Volkswagen revises previous estimates on CO2 emissions irregularities saying that only around 36 000 vehicles are affected 9 9 March 2016Volkswagen US CEO Michael Horn resigns citing a mutual agreement with the company 10 21 April 2016Volkswagen announces that it will offer its US customers substantial compensation and car buyback offers for nearly 500 000 2 0 litre vehicles 11 6 Nov 2016Regulators in California discover that Audi engines were rigged to produce lower CO2 12 11 January 2017Volkswagen agrees to plead guilty to the emissions scandal and to pay 4 3 billion in penalties Six Volkswagen executives are charged 13 14 3 May 2018Ex CEO Winterkorn is indicted on fraud and conspiracy charges in the US 15 18 June 2018In connection with the case Audi CEO Rupert Stadler is arrested in Germany 16 16 October 2018Audi agrees to a fine of 800 million in Germany to resolve civil claims over duty to oversight Verletzung der Aufsichtspflicht in Unternehmen 17 14 March 2019US SEC alleges that Volkswagen AG Martin Winterkorn et al defrauded investors and files suit in N D Cal 18 15 April 2019Winterkorn and four other executives are charged by prosecutors in Braunschweig Germany 19 31 July 2019Stadler and three others are charged by prosecutors in Munich Germany 20 24 September 2019Potsch Diess and Winterkorn are charged with stock market manipulation by prosecutors in Germany 21 14 January 2020Six additional individuals are charged by prosecutors in Braunschweig Germany 22 Contents 1 Background 1 1 Introduction 1 2 NOx and Volkswagen Diesel anti pollution system 1 3 Underlying U S and EU emission standards 1 4 Early warnings 1998 1 5 ICCT s emission testing 2013 14 1 6 EPA Notice of Violation 2015 1 7 Intelligence agencies 2015 2 Volkswagen s response 2 1 Initial response August September 2015 2 2 Other irregularities November 2015 2 2 1 CO2 emissions 2 2 2 3 0 litre TDI emissions 2 3 Affected Volkswagen and Audi TDI models 2 4 Vehicle recall and consequences 2 5 Advertising 2015 2 6 New orders September 2015 2 7 US Congressional Testimony October 2015 2 8 Compensation November 2015 2 9 European actions 2015 2020 3 Consequences 3 1 Health consequences 3 1 1 Deaths 3 1 2 Non fatal health impacts 3 2 Environmental consequences 3 3 Legal and financial repercussions 3 3 1 Government actions 3 3 1 1 Australia 3 3 1 2 Belgium 3 3 1 3 Brazil 3 3 1 4 Canada 3 3 1 5 China 3 3 1 6 European Union 3 3 1 7 France 3 3 1 8 Germany 3 3 1 9 Hong Kong 3 3 1 10 India 3 3 1 11 Italy 3 3 1 12 Japan 3 3 1 13 Netherlands 3 3 1 14 Norway 3 3 1 15 Romania 3 3 1 16 South Africa 3 3 1 17 South Korea 3 3 1 18 Spain 3 3 1 19 Sweden 3 3 1 20 Switzerland 3 3 1 21 United Kingdom 3 3 1 22 United States 3 3 1 22 1 Charges against Volkswagen engineering management 3 3 1 22 2 Settlement 3 3 1 22 3 Securities and Exchange Commission lawsuit 3 3 2 Private actions 3 4 European Investment Bank s possible involvement 3 5 Models affected 3 5 1 Resale value 3 6 Effects on Volkswagen corporate 3 6 1 Stock value 3 6 2 Sales 3 7 Industry consequences 3 8 Secondary market consequences 4 Other manufacturers 5 Monkeygate 6 Reactions 6 1 Political figures 6 2 Automotive industry and other commentators 6 3 Media 6 4 Public polling 7 See also 8 Notes 9 Citations 10 Further reading 11 External linksBackground editIntroduction edit In 2013 the International Council on Clean Transportation ICCT commissioned the West Virginia University Center for Alternative Fuels Engines and Emissions WVU CAFEE to test on road emissions of diesel cars sold in the U S 32 33 34 Researchers at WVU CAFEE who conducted live road tests in California using a Japanese on board emission testing system detected additional nitrogen oxide NOx emissions from two out of three tested vehicles both made by Volkswagen 33 34 35 36 In May 2014 ICCT published WVU CAFEE s findings and reported them to the California Air Resources Board CARB and the United States Environmental Protection Agency EPA 37 38 In September 2015 the EPA announced that Volkswagen had violated the Clean Air Act by installing illegal software into their diesel vehicles 39 Regulators in multiple countries began to investigate the automaker 39 and its stock price fell in value by a third in the days immediately after the news Volkswagen Group CEO Martin Winterkorn resigned and the head of brand development Heinz Jakob Neusser Audi research and development head Ulrich Hackenberg and Porsche research and development head Wolfgang Hatz were suspended 40 Volkswagen announced plans in April 2016 to spend 16 2 billion US 18 32 billion at April 2016 exchange rates in relation to the scandal 41 and agreed in June 2016 to pay up to 14 7 billion to settle civil charges in the United States 42 In January 2017 Volkswagen pleaded guilty to criminal charges and signed an agreed Statement of Facts which set out how the company s management asked engineers to develop the defeat devices because its diesel models could not pass US emissions tests without them and deliberately sought to conceal their use 43 In April 2017 a US federal judge ordered Volkswagen to pay a 2 8 billion criminal fine for rigging diesel powered vehicles to cheat on government emissions tests 44 Winterkorn was charged in the United States with fraud and conspiracy on 3 May 2018 15 As of 1 June 2020 update the scandal had cost VW 33 3 billion in fines penalties financial settlements and buyback costs 45 Various government and civil actions are currently undergoing in the U S as well as the European Union where most of the affected vehicles are located while they remain legal to drive there consumers groups and governments seek to make sure Volkswagen has compensated these owners appropriately as they had to do in the United States The scandal raised awareness over the higher levels of pollution emitted by all diesel powered vehicles from a wide range of car makers which under real world driving conditions exceeded legal emission limits A study conducted by ICCT and ADAC showed the biggest deviations from Volvo Renault Jeep Hyundai Citroen and Fiat 46 47 48 resulting in investigations opening into other diesel emissions scandals A discussion was sparked on the topic of software controlled machinery being generally prone to cheating and a way out would be to open source the software for public scrutiny 49 50 51 NOx and Volkswagen Diesel anti pollution system edit In general diesel engines have better fuel efficiency and less carbon dioxide CO2 emission than petrol engines but they emit 20 times more nitrogen oxide NOx unless somehow treated and three way catalytic converters which have been very effective at reducing NOx in petrol engine exhaust do not function well for them 52 53 As NOx are harmful air pollutants regulators in the United States and Europe have implemented increasingly stringent NOx emission standards for passenger cars since the early 2000s 54 53 To deal with this problem in 2005 Volkswagen licensed Mercedes urea based selective catalytic reduction SCR system called BlueTec for future diesel engine development 55 52 While effective at reducing NOx an SCR system like Bluetec was expensive high maintenance and required more space than other methods making it unsuitable for Volkswagen s compact cars such as Golf or Jetta 56 52 Some managers at Volkswagen rejected BlueTec and preferred to develop their own inexpensive lean NOx trap system 52 57 58 55 In 2007 Volkswagen canceled the licensing deal for BlueTec and announced that it would use its own pollution control technology 55 58 Volkswagen chose the lean NOx trap system for its turbo diesel Golf and Jetta models but the solution did not work well as it required a fuel rich exhaust gas in the purification process and fuel economy suffered as a result 52 Nonetheless the company promoted the technological miracle of fast cheap and green diesel vehicles but the impression projected to outsiders did not reflect the reality 52 53 In reality the system failed to combine lower fuel consumption with compliant NOx emissions and Volkswagen chose around 2006 59 to program the Engine Control Unit ECU to switch from lower fuel consumption and high NOx emissions to low emission compliant mode when it detected an emissions test particularly for the EA 189 engine 52 This caused the engine to emit NOx levels above limits in daily operation but comply with US NOx standards when being tested constituting a defeat device 58 60 In 2015 the news magazine Der Spiegel reported that at least 30 people at management level in Volkswagen knew about the deceit for years which Volkswagen denied in 2015 61 Starting in the 2009 model year Volkswagen Group began migrating its light duty passenger vehicle s turbocharged direct injection TDI diesel engines to a common rail fuel injection system This system allows for higher precision fuel delivery using electronically controlled fuel injectors and higher injection pressure theoretically leading to better fuel atomization better air fuel ratio control and by extension better control of emissions 62 63 3 4 64 Volkswagen described the diesel engines as being as clean as or cleaner than US and Californian requirements while providing good fuel economy and performance 65 66 Due to the good fuel economy provided by its diesel fleet in 2014 Volkswagen was registered with a Corporate Average Fuel Economy CAFE of 34 mpg US 6 9 L 100 km 41 mpg imp 67 The low emissions levels of Volkswagen vehicles tested with the defeat device in operation enabled the company to receive green car subsidies and tax exemptions in the US 68 nbsp The 2009 Volkswagen Jetta Diesel Sedan was awarded Green Car of the Year The award was rescinded in early October 2015 nbsp Volkswagen TDITruthandDare com Clean Diesel campaign 69 70 71 72 advertised on the Volkswagen Golf TDI at the 2010 Washington Auto Show 2009 4 2009 7 2010 nbsp Volkswagen Research and Development building in Wolfsburg nbsp Graphic about selective catalytic reduction SCR system that uses Urea based Diesel exhaust fluid DEF known as BlueTec technologyUnderlying U S and EU emission standards edit nbsp Comparison of NOx and PM emission standards in the US and EuropeThe Volkswagen and Audi cars identified as violators had been certified to meet either the US EPA Tier 2 Bin 5 emissions standard or the California LEV II ULEV standard 73 Either standard requires that nitrogen oxide emissions not exceed 0 043 grams per kilometre 0 07 g mi for engines at full useful life which is defined as either 190 000 kilometres 120 000 mi or 240 000 kilometres 150 000 mi depending on the vehicle and optional certification choices 74 75 This standard for nitrogen oxide emissions is among the most stringent in the world For comparison the contemporary European standards known as Euro 5 2008 EU5 compliant 3 2009 5 2014 models and Euro 6 2015 models only limit nitrogen oxide emissions to 0 18 grams per kilometre 0 29 g mi and 0 08 grams per kilometre 0 13 g mi respectively 75 76 Defeat devices are forbidden in the EU 77 The use of a defeat device is subject to a penalty 76 Nature reported in 2015 that 20 percent of European city dwellers were exposed to unhealthy levels of nitrogen dioxide and that in London where diesel road traffic was responsible for 40 percent of NOx emissions 3 000 deaths per year could be attributed to air pollution 78 A Channel 4 documentary in January 2015 referred to the UK government moving to a CO2 emission band system for road tax which favoured diesel power as the great car con with Barry Gardiner MP former member of the Blair government stating that the policy which lowered CO2 emissions yet increased NOx pollution was a mistake 79 Early warnings 1998 edit In 1998 a Swedish researcher criticized the New European Driving Cycle standard for allowing large emission differences between test and reality 80 The Washington Post also reported that in the late 1990s EPA engineers at Virginia Testing Laboratory had built a system called ROVER designed to test a car s emissions on the road The project was shut down in 2001 despite preliminary tests indicating gaps between emissions from lab tests and real world tests of about 10 to 20 percent 81 In 2011 the European Commission s Joint Research Centre published a report which found the average on road NOx emission of all tested diesel vehicles to be 0 93 0 39 g km and that of tested Euro 5 diesel vehicles to be 0 62 0 19 g km 82 Those numbers substantially exceeded the respective Euro 3 5 emission limit 82 In 2013 the research center then warned Sensors and electronic components in modern light duty vehicles are capable of detecting the start of an emissions test in the laboratory e g based on acceleration sensors or not driven not rotating wheels Some vehicle functions may only be operational in the laboratory if a predefined test mode is activated Detecting emissions tests is problematic from the perspective of emissions legislation because it may enable the use of defeat devices that activate modulate delay or deactivate emissions control systems with the purpose of either enhancing the effectiveness of these systems during emissions testing or reducing the effectiveness of these systems under normal vehicle operation and use While the use of defeat devices is generally prohibited exceptions exist in cases where it is necessary to protect the engine against damage and to ensure safe vehicle operation EC 2007 These exceptions leave room for interpretation and provide scope together with the currently applied test procedure for tailoring the emissions performance 83 The European Commission and European governments could not agree upon who was responsible for taking action 84 In the United Kingdom the Department for Transport received a report from the International Council on Clean Transportation ICCT in October 2014 which stated there was a real world nitrogen oxides compliance issue with diesel passenger cars 85 The UK s DEFRA research indicated a significant reduction in NOx and particulate matter from 1983 to 2014 Respirable suspended particles with a diameter of 10 micrometres also known as PM10 including diesel particulates halved since 1996 despite the increased number and size of diesel cars in the UK 86 ICCT s emission testing 2013 14 edit In late 2012 the independent body International Council on Clean Transportation ICCT was seeking proposals from research facilities to study on road emissions of so called clean diesel cars sold in the US 87 33 88 Researchers at West Virginia University s Center for Alternative Fuels Engines and Emissions WVU CAFEE submitted a proposal to ICCT and were awarded a US 70 000 grant for a study where they had to test US spec diesel vehicles with two different emission reduction technologies lean NOx trap LNT and selective catalyst reduction SCR 33 34 John German co lead of the US branch of ICCT said the idea for this very ordinary test came from Peter Mock managing director ICCT in Europe and they chose to put US vehicles through on the road tests because their emissions regulations are more stringent than those in the European Union The ICCT expected the cars to pass and thought they would be able to use the results to demonstrate to Europeans that it was possible to run diesel cars with cleaner emissions 34 89 90 In early 2013 researchers at WVU CAFEE began testing emissions from the three diesel cars a Volkswagen Passat a Volkswagen Jetta and a BMW X5 on the road in California 33 91 They wanted to test a Mercedes as well but could not obtain one 92 90 93 They used a portable emissions measurement system making it possible to collect real world driving emissions data for comparison with laboratory dynamometer testing 91 88 94 The three vehicles were all certified at a California Air Resources Board facility before the tests 92 as falling below the emissions limits when using the standard laboratory testing protocols 95 96 They put 2 400 kilometres 1 500 mi on the Jetta and X5 For their final test they wanted to put even more mileage on the Passat and drove it from Los Angeles to Seattle and back again virtually the entire West Coast of the United States 90 over 3 200 kilometres 2 000 mi 92 The BMW was at or below the standard with exception of rural up downhill driving conditions 95 But the researchers found that under real world driving conditions the Jetta exceeded US emissions limits by a factor of 15 to 35 while the Passat exceeded the limit by a factor of 5 to 20 95 97 The emissions far exceeded legal limits set by both European and US standards One of the testers said we did so much testing that we couldn t repeatedly be doing the same mistake again and again 98 99 John German said the deceit required more effort than merely adding some code to the engine software as the code would also have to be validated 98 The US test results confirmed the ICCT s findings in Europe 95 ICCT also purchased data from two other sources The new road testing data and the purchased data were generated using Portable Emissions Measurement Systems PEMS developed by multiple individuals in the mid late 1990s and published in May 2014 89 95 92 The West Virginia scientists did not identify the defeat device but they reported their findings in a study they presented to the EPA and CARB in May 2014 100 101 In May 2014 Colorado s RapidScreen real world emissions test data reinforced the suspected abnormally high emissions levels 102 After a year long investigation an international team of investigators identified the defeat device as a piece of code labelled acoustic condition which activated emissions curbing systems when the car s computer identified it was undergoing a test 103 NOx numbers for Volkswagen Passat and Jetta See note a Car WVU measurement European limits CommentU S limit Dyno On road Euro 5 Euro 6Vehicle A Volkswagen Jetta 2 0 TDI 94 33 0 043 g km 0 022 g km 0 61 1 5 g km 0 18g km b 0 08g km Fitted with a lean NOx trap LNT emission treatment system Vehicle B Volkswagen Passat 2 0 TDI 94 33 0 043 g km 0 016 g km 0 34 0 81 g km 0 18g km 0 08g km Fitted with the same engine as Vehicle A but with a urea based selective catalytic reduction SCR emission treatment system Source 95 nbsp VW NOx emissions WVUEPA Notice of Violation 2015 edit On 18 September 2015 the US EPA served a Notice of Violation NOV of the Clean Air Act on Volkswagen Group alleging that Volkswagen and Audi automobiles equipped with 2 litre TDI diesel engines and sold in the US between 2009 and 2015 had an emissions compliance defeat device installed and ordered a recall of 482 000 vehicles 104 105 106 107 A Notice of Violation is a notification to the recipient that the EPA believes it has committed violations and is not a final determination of liability 108 109 Volkswagen s defeat device is specially written engine management unit firmware that detects the position of the steering wheel vehicle speed the duration of the engine s operation and barometric pressure 110 when positioned on a dynamometer using the FTP 75 test schedule 111 These criteria very closely match the EPA s required emissions testing protocol 110 which allowed the vehicle to comply with emissions regulations by properly activating all emissions control during testing The EPA s NOV alleged that under normal driving conditions the software suppressed the emissions controls allowing better fuel economy at the expense of emitting up to 40 times more nitrogen oxides than allowed by law 104 112 Intelligence agencies 2015 edit In February 2017 Der Spiegel reported that in February 2015 ex Israeli diplomat Avi Primor had shown Ferdinand Piech the Volkswagen chairman of the board at the time a document in which US agencies warned CEO Martin Winterkorn early about the manipulation During this meeting at the end of February 2015 Primor introduced Piech to his friend Yuval Diskin who after retiring from directing the Israeli secret service of the Interior Shin Bet had founded a cybersecurity company Shin Bet apparently knew about the scandal early Primor confirmed that the meeting took place but both Primor and Diskin denied tipping off Piech In early March 2017 Piech asked Winterkorn whether there had been a warning by US agencies which Winterkorn denied 113 114 115 116 Volkswagen s response editInitial response August September 2015 edit nbsp Former Volkswagen AG CEO Martin Winterkorn in March 2015According to the EPA Volkswagen had insisted for a year before the outbreak of the scandal that discrepancies were mere technical glitches 117 Volkswagen fully acknowledged that they had manipulated the vehicle emission tests only after being confronted with evidence regarding the defeat device 118 119 The first sign that Volkswagen was ready to come clean reportedly occurred on 21 August 2015 at a conference on green transportation in Pacific Grove California where an unnamed company representative approached Christopher Grundler director of the EPA Office of Transportation and Air Quality and surprised him by informally admitting that the company had been deceiving regulators 120 A CARB official was standing next to Grundler at the time 120 Formal acknowledgement of the deception was made by Volkswagen executives in Germany and the United States to EPA and California officials during a 3 September conference call during which Volkswagen executives discussed written materials provided to the participants demonstrating how Volkswagen s diesel engine software circumvented US emissions tests That admission came after the EPA threatened to withhold approval for the company s 2016 Volkswagen and Audi diesel models 121 I am shocked by the events of the past few days I am stunned that misconduct on such a scale was possible in the Volkswagen Group As CEO I accept responsibility for the irregularities I am doing this in the interests of the company even though I am not aware of any wrongdoing on my part Martin Winterkorn Former Volkswagen CEO Martin Winterkorn resignation statement 23 September 2015 122 Volkswagen s CEO Martin Winterkorn said I personally am deeply sorry that we have broken the trust of our customers and the public Winterkorn was in charge at Volkswagen from the start of 2008 to September 2015 123 He attributed the admitted wrongdoing to the terrible mistakes of a few people 124 Winterkorn initially resisted calls to step down from his leadership role at VW 125 126 but then resigned as CEO on 23 September 2015 127 128 129 Volkswagen Group of America CEO Michael Horn was more direct saying We ve totally screwed up 125 Horn added Our company was dishonest with the EPA and the California Air Resources Board and with all of you 126 Olaf Lies a Volkswagen board member and economy minister of Lower Saxony later told the BBC that the people who allowed this to happen or who made the decision to install this software acted criminally and must be held personally accountable He also said the board found out about the problems only shortly before the media did and expressed concerns over why the board wasn t informed earlier about the problems when they were known about over a year ago in the United States 130 Volkswagen announced that 11 million cars were involved in the falsified emission reports and that over seven billion dollars would be earmarked to deal with the costs of rectifying the software at the heart of the pollution statements 31 The newly appointed CEO of Volkswagen Mathias Muller stated that the software was activated in only a part of those 11 million cars which has yet to be determined 30 The German tabloid Bild claimed that top management had been aware of the software s use to manipulate exhaust settings as early as 2007 Bosch provided the software for testing purposes and warned Volkswagen that it would be illegal to use the software to avoid emissions compliance during normal driving 131 Der Spiegel followed Bild with an article dated 30 September 2015 to state that some groups of people were aware of this in 2005 or 2006 132 Suddeutsche Zeitung had similarly reported that Heinz Jakob Neusser one of Volkswagen s top executives had ignored at least one engineer s warnings over possibly illegal practices in 2011 133 On 28 September 2015 it was reported that Volkswagen had suspended Heinz Jakob Neusser head of brand development at its core Volkswagen brand Ulrich Hackenberg the head of research and development at its brand Audi who oversees technical development across the Volkswagen group and Wolfgang Hatz research and development chief at its sports car brand Porsche who also heads engine and transmissions development of the Volkswagen group 134 On the same day it was reported that besides the internal investigation of the incidents the supervisory board of Volkswagen had hired American law firm Jones Day to carry out an independent investigation 135 Computerworld suggested that a software audit trail and test logs were ways to investigate what took place when 136 In February 2016 Volkswagen also contracted three public relations firms Kekst in the United States Hering Schuppener in Germany Finsbury in Britain in addition to its usual US retained firm Edelman 137 To further help deal with the scandal Volkswagen hired ex FBI director Louis Freeh alongside former German constitutional judge Christine Hohmann Dennhardt previously employed by Daimler and as of 2016 on Volkswagen s board as its director of integrity and legal affairs 138 Other irregularities November 2015 edit CO2 emissions edit On 3 November 2015 Volkswagen revealed that its internal investigation found that CO2 emissions and fuel consumption figures were also affected by irregularities These new issues first estimated to cost up to 2 billion to repair involved mainly diesel but also some petrol models with initial estimates suggesting that approximately 800 000 vehicles equipped with 1 4 1 6 and 2 0 litre motors from VW Skoda Audi and SEAT might be affected 6 On 9 December 2015 Volkswagen revised these estimates saying that only around 36 000 vehicles are affected by the irregularities while also affirming that it had found no evidence of unlawful changing of CO2 emissions data 9 The news prompted a 7 3 percent increase in Volkswagen preference shares on the same day 9 139 In November 2016 California regulators claimed to have discovered software installed on some Audi models that allowed the manufacturer to cheat CO2 emissions during standard testing thereby also masking the cars contribution to global warming 12 3 0 litre TDI emissions edit On 20 November 2015 the EPA said Volkswagen officials told the agency that all 3 0 litre TDI diesel engines sold in the US from 2009 through 2015 were also fitted with emissions cheating software in the form of alternate exhaust control devices These are prohibited in the United States however the software is legal in Europe 140 Volkswagen acknowledges these devices existence but maintains that they were not installed with a forbidden purpose 139 On 4 January 2016 the US Department of Justice filed a complaint in a federal court against VW alleging that the respective 3 0 litre diesel engines meet the legal emission requirements in only a temperature conditioning mode that is automatically switched on during testing conditions while at all other times including during normal vehicle operation the vehicles operate in a normal mode that permits NOx emissions of up to nine times the federal standard 141 The complaint covers around 85 000 3 0 litre diesel vehicles sold in the United States since 2009 including the Volkswagen Touareg Porsche Cayenne Audi A6 Quattro Audi A7 Quattro Audi A8 Audi A8L Audi Q5 and Audi Q7 models 141 Affected Volkswagen and Audi TDI models edit List of affected vehicles and generation of engine 142 143 Brand Model Model Years Generation of EngineAudi A1 2010 2014 1A3 2009 2013Volkswagen Beetle 2013 2014Beetle ConvertibleGolf 2 Door 2010 2013Golf 4 Door 2010 2014Jetta 2009 2014Jetta SportWagenPassat 2012 2015Audi A3 2015 3 Volkswagen BeetleBeetle ConvertibleGolf 4 DoorGolf SportWagenJettaPassatAudi A3 2015 3 Volkswagen BeetleBeetle ConvertibleGolf 4 DoorGolf SportWagenJettaPassatTouareg 2009 2012 3Audi Q7 2009 2015Volkswagen Touareg 2013 2016 3Audi A6 2014 2016A7A8A8LQ5Q7 2013 2015 Initial Modification Subsequent Modification Vehicle recall and consequences edit On 29 September 2015 Volkswagen announced plans to refit up to 11 million affected vehicles fitted with Volkswagen s EA 189 diesel engines including 5 million at Volkswagen brand 2 1 million at Audi 1 2 million at Skoda and 1 8 million light commercial vehicles SEAT said that 700 000 of its diesel models were affected In Europe alone a total of 8 million vehicles are affected 144 In Germany 2 8 million vehicles will have to be recalled followed by the UK with 1 2 million In France 984 064 vehicles were affected in Austria around 360 000 while in the Czech Republic 148 000 vehicles were involved of which 101 000 were Skodas In Portugal Volkswagen said it had sold 94 400 vehicles with the software 145 146 The repair may not require a formal recall in the UK for example the company will simply offer to repair the cars free of charge a recall is required only when a defect is identified that could result in serious injury As the rules violation involved enabling emission controls during testing but turning it off under normal conditions to improve performance or fuel mileage it has been speculated that the software update might make cars perform less efficiently and impair fuel economy according to VW however its proposed solutions will be designed to achieve legal EU emissions compliance without impairing engine performance or consumption 147 As of September 2015 update it was unclear whether the repair would include hardware modifications such as selective catalytic reduction SCR upgrades 148 149 The recall was scheduled to start in January 2016 with all affected cars projected to be fixed by the end of the year The company also announced a review of all of its brands and models including its supercar marque Bugatti 150 On 8 October 2015 Volkswagen US CEO Michael Horn said in testimony before the US Congress that it could take years to repair all the cars especially the older models due to the required complex hardware and software changes He said that the fixes would likely preserve fuel economy ratings but there might be a slight impact on performance 151 152 On 12 October 2015 Paul Willis Volkswagen UK managing director told the Commons Transport Select Committee that about 400 000 Volkswagen cars in the UK will need fuel injectors altered as well as a software fix 64 The vehicles requiring the hardware fix are the 1 6 litre diesel models The 1 2 litre 153 and 2 0 litre diesel models will require only a software fix 64 On the same day Volkswagen announced it would overhaul its entire diesel strategy saying that in Europe and North America it will switch as soon as possible to the use of selective catalytic reduction technology to improve diesel emissions It also announced plans to accelerate the development of electric cars and plug in hybrids as well as petrol instead of diesel engines for smaller cars 154 On 12 13 October 2015 Volkswagen Group vehicle drivers in the UK started receiving notification letters to rectify the issue 155 156 Volkswagen later announced a timeline for UK diesel recalls citing March 2016 for 2 0 litre engines June 2016 for 1 2 litre engines and October 2016 for 1 6 litre engines 157 At the beginning of October 2015 Volkswagen suggested to let car owners decide whether to take their cars for rectification 158 159 However the German Federal Motor Transport Authority Kraftfahrt Bundesamt or KBA 160 views the software as illegal 161 162 and has ordered a full recall of all affected cars in Germany Volkswagen then decided to recall around 8 5 million cars in Europe 159 about a third of all its car deliveries since 2009 163 KBA requires Volkswagen to send a recall plan to KBA before the end of October for 2 0 litre cars and end of November for 1 2 and 1 6 litre cars 162 If KBA approves a plan Volkswagen can then start handling the cars The German authorities require that Volkswagen remove the software and that Volkswagen ensures that emission rules are fulfilled 158 Media estimates that the KBA procedure sets a precedent for how authorities in other countries handle the case 163 107 On 18 November 2015 Autoblog reported that the KBA was reviewing a Volkswagen fix for the affected 1 6 diesel engine 164 On 25 November 2015 Volkswagen said the fix involved a minor hardware modification to the car s air intake system alongside a software update 165 This low cost solution contradicted earlier speculation regarding the possible fitting of new injection nozzles and catalytic converters 164 In December 2015 Volkswagen said that the affected 1 2 litre and 2 0 litre diesel engines needed only a software update 166 167 As of November 2015 the KBA had approved the fixes with the first recalls likely to begin in January 2016 8 According to VW the measures aimed to achieve legal EU emissions compliance without impairing engine output fuel consumption or performance 147 The simple fixes with inexpensive parts and software were then possible though not available when the engines were developed because engine technology understanding and intake flow simulation capabilities had matured in the meantime to address the burning of diesel and air mixtures via intake flow shaping 168 As of December 2015 due to stricter environmental legislation fixes for US vehicles were expected to take longer to produce and be more technically complex 147 As of February 2016 there were three sizes of affected diesel engines and more than a dozen variations to the repairs exist prompting Volkswagen to roll out the recalls in waves for each cluster of vehicle the first model to be repaired was the low volume Volkswagen Amarok 169 Classified as a light commercial vehicle the Amarok pickup has a higher Euro 5 NOx emissions limit than the passenger cars that are yet to have an available approved fix German motoring journal Auto Motor und Sport tested two Amarok TDI pickups pre and post software update and found that whilst engine power had remained the same fuel consumption had increased by 0 5 litres 100 km 170 This is believed in turn to have delayed the next wave of updates to the larger volume Passat model which had been expected to start on 29 February 2016 due to the further testing of the update by the KBA 171 Volkswagen confirmed on 11 April 2016 that the Passat recall would be delayed as testing had revealed higher fuel consumption 172 In 2017 Swedish auto journal Teknikens Varld performed tests on 10 different models and most of them showed a reduction in power output and increase in fuel consumption after having the update applied 173 Advertising 2015 edit In France the MediaCom media agency which buys advertising for Volkswagen warned the French newspapers on 22 September 2015 that it would cancel planned Volkswagen and Audi campaigns in case they would cover the emission violations 174 Given the scale that the scandal had already taken by that time the threat had little effect on its coverage citation needed On the occasion of German Unity Day Volkswagen launched an ad campaign in German Sunday newspapers that it wanted to express its joy about the 25th anniversary of German reunification its pride about having shaped the country together with all people for the last 25 years to give thanks for the confidence of the customers it had experienced during all this time and that it wanted to thank all its employees and trade partners in Germany and that in one sentence that it would do everything to win back the confidence of its customers 175 New orders September 2015 edit In September 2015 Volkswagen s Belgian importer D Ieteren announced that it would offer free engine upgrades to 800 customers who had ordered a vehicle with a diesel engine which was likely to have been fitted with illegal software 176 177 As of October 2015 Sales of vehicles with EA 189 engines were halted in some European countries including Spain Switzerland Italy the Netherlands Belgium and the UK 176 178 In the United States Volkswagen withdrew its application for emissions certification for its 2016 diesel models leaving thousands of vehicles stranded at ports in October 2015 which the company said contained software which should have been disclosed to and certified by the EPA 179 EPA quarantined some 2016 models until it would become clear that their catalysts perform the same on the road as they do in tests 180 US Congressional Testimony October 2015 edit External videos nbsp Emissions Investigation Hearing C SPAN 8 October 2015On 8 October 2015 Volkswagen US CEO Michael Horn testified before the United States House Committee on Energy and Commerce stating This was not a corporate decision from my point of view and to my best knowledge today This was a couple of software engineers who put this in for whatever reason some people have made the wrong decisions in order to get away with something that will have to be found out 181 182 The response was widely ridiculed 183 184 Compensation November 2015 edit On 9 November 2015 Volkswagen announced that in addition to the US 2 000 it was offering current Volkswagen owners for trade ins 482 000 diesel Audi and Volkswagen owners in the United States would be eligible to receive US 1 000 in vouchers 185 On 18 November 2015 Volkswagen said that approximately one quarter of the affected vehicle owners had applied to the program which was estimated to cost at least 120 million in benefits 186 Volkswagen confirmed that it is offering vouchers including to customers in Canada 187 Volkswagen America said that accepting the gift cards does not prevent owners from filing lawsuits 188 Volkswagen also created a claims fund that was managed by internal Volkswagen teams in conjunction with a third party claims administrator following successful negotiations between Volkswagen EPA DOJ FTC and the consumer class action attorneys In addition an alternative claims fund was considered as a mechanism to encourage the class action settlement to be managed by the well known mediation attorney Kenneth Feinberg but ultimately was not used The claims fund offered full compensation packages in the form of cash buy backs repairs or replacement cars to the approximately 600 000 United States owners affected by the scandal 189 Despite earlier hints to the contrary in December 2015 Volkswagen CEO Matthias Muller said that customers outside the US and Canada should also expect some type of compensation package we are working on an attractive package let s call it compensation for reduction in residual values in our cars 190 191 However on 11 January 2016 a Volkswagen spokesman said there won t be compensation All the indications are that residual values are unaffected 192 the company which continued to face pressure from E U officials to compensate European drivers as well 193 blamed the confusion on a slight mistranslation 192 E U commissioner Elzbieta Bienkowska said Volkswagen was treating European consumers unfairly and Volkswagen responded that the situation in US and Canadian markets where confidence in diesel technology was severely shaken and clients needed to wait longer for an engine fix due to tougher emissions standards was not automatically comparable with other markets 193 On 21 April 2016 the federal district court for the Northern District of California which was appointed in December 2015 to oversee almost all of the US litigation including claims filed by vehicle owners and state governments announced that Volkswagen would offer its US customers substantial compensation and buy back nearly 500 000 2 0 litre vehicles as part of a settlement in North America 11 The court appointed former FBI Director Robert Mueller as a mediator to oversee the negotiations between claimants regulators and Volkswagen to produce a final consent decree by late June 2016 194 195 European actions 2015 2020 edit Following its admission and recall plans in the United States Volkswagen also started to establish similar plans in the European Union where it was estimated that 8 5 million of the 11 million diesel vehicles affected by the scandal were located The European Union warned Volkswagen in 2018 that it did not believe it was moving fast enough to issue repairs on the recalled cars provide consumers with appropriate information on what steps Volkswagen was doing to resolve the problem and what compensation they were offering affected consumers 196 Volkswagen agreed to a 1 billion fine imposed by Germany for failing to monitor the employees that modified the software behind the scandal in 2018 197 In Germany over 60 000 civil lawsuits of various degrees representing about 450 000 citizens were filed from 2015 through 2019 by Volkswagen owners seeking similar compensation as Volkswagen had given to United States drivers A case led by the Federation of German Consumer Organizations VZBV was brought against Volkswagen At the Braunschweig Oberlandesgericht Higher Regional Court Volkswagen argued that where the United States had banned the affected cars no EU member state had banned the affected vehicle and thus there was no basis for any compensation However Judge Michael Neef rejected a summary judgement for Volkswagen in September 2019 allowing what was anticipated to be a multi year case to go forward 198 199 Volkswagen had settled with VZBV for about 830 million providing between 1 350 and 6 257 to approximately 260 000 Volkswagen owners through the VZBV in February 2020 200 Many consumers were angered over this settlement representing only a fraction of what Volkswagen had paid to United States owners One of the other civil cases serving as a template for those not covered by the VZBV case reached the Federal Court of Justice Germany s highest court and in May 2020 it ruled that the consumer was entitled to the full market value of the car several times larger than what the settlement would have offered It is unclear how much Volkswagen will owe from a result of the remaining civil lawsuits 201 202 A similar class action suit against Volkswagen representing more than 91 000 owners is currently underway in the United Kingdom seeking greater compensation for being sold vehicles known by Volkswagen to be defective The High Court of Justice had giving preliminary findings in the case in April 2020 that there is a likelihood that Volkswagen did sell vehicles with a defeat device and attempted to abuse the process allowing the trial to go forward 203 Consequences edit nbsp Distribution of estimated actual excess Volkswagen light duty diesel vehicle NOx emissions summed over 2008 through 2015 kg per km2 204 The median value of emissions is used for each year Emission density peaks at 446 kg per km2 204 nbsp Annual excess Volkswagen light duty diesel vehicle NOx emissions in kilotonnes million kg Results from 2008 through 2015 blue are estimates of actual excess emissions Results from 2016 onward red are forecast based on the existing in use vehicle fleet assuming no new sales of non compliant vehicles from September 2015 and no retrofitting used to calculate the benefit of a return to compliance 204 The shaded region indicates the 95 percent confidence interval The discontinuity is due to the difference in the baseline for past based on FTP 75 drive cycle measurements and future based on a return to regulatory limit emissions 204 Health consequences edit Further information Diesel exhaust Deaths edit A peer reviewed study published in Environmental Research Letters estimated that approximately 59 premature deaths will be caused by the excess pollution produced between 2008 and 2015 by vehicles equipped with the defeat device in the United States the majority due to particulate pollution 87 percent with the remainder due to ozone 13 percent The study also found that making these vehicles emissions compliant by the end of 2016 would avert an additional 130 early deaths 205 204 Earlier non peer reviewed studies published in media sources quoted estimates ranging from 10 to 350 excess deaths in the United States related to the defeat devices based on varying assumptions 206 A 2022 study by economists found that each cheating Volkswagen car per 1 000 cars caused a low birth weight rate increase of 1 9 percent and infant mortality rate increase by 1 7 percent 207 Non fatal health impacts edit Since NO2 is a precursor to ground level ozone it may cause respiratory problems including asthma bronchitis and emphysema 208 209 210 Nitrogen oxides amplify the effect of fine particulate matter soot which causes heart problems a form of air pollution estimated to kill 50 000 in the United States annually 211 A peer reviewed study published in Environmental Pollution estimated that the fraudulent emissions would be associated with 45 thousand disability adjusted life years DALYs and a value of life lost of at least 39 billion US dollars 212 In June 2016 Axel Friedrich formerly with the German equivalent of the E P A and a co founder of the International Council on Clean Transportation stated It s not just fraud it s physical assault 213 Environmental consequences edit NOx also contribute to acid rain and visibly brown clouds or smog due to both the visible nature of NO2 and the ground level ozone created by NO NO and NO2 are not greenhouse gases whereas N2 O is 214 NO2 is a precursor to ground level ozone Legal and financial repercussions edit Government actions edit Australia edit In October 2015 the Australian Competition amp Consumer Commission announced that it will not be investigating Volkswagen for possible violations of emissions standards citing that a reasonable consumer would not be concerned about the tailpipe emissions of their vehicle and hence would not be a deciding factor in their purchase 215 In March 2017 the Sydney Morning Herald reported that Audi and Volkswagen issued a voluntary recall for affected cars for software updates and in some cases hardware updates had begun in December 2016 216 As of January 2018 update several class action suits were dropped against Volkswagen Audi and Skoda 217 In December 2019 Volkswagen was fined A 125 000 000 for making false and misleading representations about compliance with Australian diesel emissions standards 218 Belgium edit In October 2015 the Belgian Chamber of Representatives set up a special Dieselgate committee 219 It finalized a consensus report in March 2016 for the government to implement recommendations with near unanimous approval on 28 April 2016 220 In January 2016 public broadcaster VRT reported on Opel Zafira cars having lower emissions after an update compared to before receiving the update Opel denied deploying software updates influencing emissions and the Economic Inspection of the Federal Government started an investigation on the request of Minister of Consumer Protection Kris Peeters 221 Brazil edit As of October 2015 Volkswagen Brazil confirmed that 17 057 units of its Amarok mid size pickups produced between 2011 and 2012 and sold in Brazil were equipped with the emissions cheating software The Brazilian Institute for the Environment and Renewable Natural Resources Ibama launched an investigation warning that Volkswagen could face fines up to R 50 000 000 222 In September 2017 Volkswagen Brazil was ordered to pay R 1 000 000 000 to the 17 000 owners of the Amarok pickups equipped with defeat devices as decided by the 1st Business Court of the Court of Justice of Rio de Janeiro The automaker may still appeal the decision The total amount reaches R 1 092 648 000 US 348 million at the September 2017 exchange rate and each consumer will receive R 54 000 US 17 000 for material damages and another R 10 000 US 3 000 for moral damages In addition the magistrate ordered the automaker to pay an additional R 1 000 000 into the National Consumer Protection Fund According to the judge the purpose was to compensate the Brazilian society as a collective moral damage of a pedagogical and punitive nature because of the collective fraud caused in the domestic motor vehicle market 223 Canada edit In September 2015 Environment Canada announced that it had begun an investigation to determine if defeat devices were installed in Volkswagen vehicles to bypass emission control tests in Canada 224 On 15 December 2016 an agreement was reached 225 which allowed buybacks or trade ins based on market value on 18 September 2015 or fitting an approved emissions modification All three options also added a cash payment between CA 5 100 and CA 8 000 226 Ontario provincial authorities executed a search warrant at Volkswagen Canada offices in the Toronto area on 19 September 2017 227 as part of its investigation into the emissions scandal that rocked the company two years ago The Ministry of the Environment and Climate Change have charged Volkswagen AG with one count under the province s Environmental Protection Act alleging the German company did not comply with Ontario emission standards The allegations have not been proven in court 228 In July 2018 Volkswagen Group Canada announced plans for its new Electrify Canada subsidiary to launch a network of public fast charging stations in major cities and along major highways starting with 32 charging sites in the four most populated provinces Ontario Quebec British Columbia and Alberta 229 230 On 9 December 2019 Volkswagen AG was charged with 60 counts of contravening the Canadian Environmental Protection Act 1999 231 On 22 January 2020 Volkswagen pleaded guilty to all charges and was fined CA 196 5 million 232 China edit In October 2015 China s General Administration of Quality Supervision Inspection and Quarantine announced the recall of 1 946 imported Tiguan SUVs and four imported Passat B6 sedans in order to fix the emissions software problems 233 234 European Union edit In September 2015 Government regulatory agencies and investigators initiated proceedings in France Italy Germany Switzerland Spain the Netherlands the Czech Republic and Romania Several countries vague called for a Europe wide investigation 235 236 237 In October 2015 Werner Hoyer President of the European Investment Bank EIB said the bank was considering recalling Volkswagen loans and announced their own investigation into the matter 238 On 27 October 2015 the European Parliament voted a resolution urging the bloc to establish a federal authority to oversee car emissions following reports in the press that top EU environmental officials had warned since early 2013 that manufacturers are tweaking vehicles to perform better in the lab than on the road The resolution urged for tougher emissions tests to be fully implemented in 2017 instead of being phased in between 2017 and 2019 as had been originally planned 239 However the European Commission proceeded with passing legislation that allowed the car industry an extra year before having to comply with the newer regulation Also it was revealed by whom that the new realistic EU driving emissions test will continue to allow cars to emit more than twice the legal limit of nitrogen oxides NOx from 2019 and up to 50 percent more from 2021 240 The legislation opposed only by the Netherlands is considered by whom a great victory for the car industry and has drawn stern critique from other MEPs Dutch MEP Bas Eickhout referred to the new test as a sham 240 while liberal democrat MEP Catherine Bearder described the legislation as a disgraceful stitch up by national governments who are once again putting the interests of carmakers ahead of public health 240 In December 2015 the EU Parliament voted to establish a special committee to investigate whether regulators and executive officials including the European Commission failed to oversee the car industry and its pollution testing regimes 241 In June 2016 documents leaked to the press indicated that in 2010 European Commission officials had been warned by their in house science team that at least one car manufacturer was possibly using a NOx related defeat device in order to bypass emission regulation 242 Kathleen Van Brempt the chair of the EU inquiry into the scandal found the documents shocking and suggested that they raised serious concerns with regard to the future of commission officials These documents show that there has been an astonishing collective blindness to the defeat device issue in the European commission as well as in other EU institutions 242 In September 2020 European union laws changed and the European commission has the right to check car conformity to emission standards and to recall vehicles when needed Fines can be up to 30 000 per car 243 France edit Renault and Peugeot s headquarters were raided by fraud investigators in January and April 2016 respectively As of January 2016 Renault recalled 15 000 cars for emission testing and fixing 244 245 246 French authorities opened an inquiry in March 2016 247 into Volkswagen over the rigging of emission tests with prosecutors investigating suspicions of aggravated deception 178 Germany edit In September 2015 former Volkswagen chief executive Martin Winterkorn resigned over the scandal saying he had no knowledge of the manipulation of emissions results One week later German prosecutors launched an investigation against him 248 On 1 October a German prosecutor clarified it was looking into allegations of fraud from unidentified individuals but that Winterkorn was not under formal investigation 249 On 8 October 2015 police raided Volkswagen headquarters 250 As of 16 October 2015 twenty investigators worked on the case targeting more than two but a lot fewer than 10 Volkswagen staff 251 As of November 2015 the Kraftfahrt Bundesamt KBA tested 50 cars from different manufacturers both in laboratory and on road with PEMS 252 In May 2016 German transport minister Alexander Dobrindt said that Volkswagen Audi Mercedes Benz Opel and Porsche would all adjust settings that increased emission levels such as nitrogen dioxide in some diesel cars 253 On 16 March 2017 German authorities raided the headquarters of Audi in Bavaria and Volkswagen in Wolfsburg 254 On 15 April 2019 Winterkorn and four other executives were charged by prosecutors in Braunschweig Germany 19 In August 2019 a district court ruled that updated software didn t properly address the emissions citing a tested Tiguan turbodiesel engine that only reduced emissions in the ambient temperature range of 10 32 C 50 90 F 255 Audi s then CEO Rupert Stadler was taken into German custody in June 2018 until being released in October 2018 when he was also removed from being CEO 256 In July 2019 Stadler was charged with fraud in Munich due to the scandal 257 Hong Kong edit The Hong Kong Environmental Protection Department banned the Volkswagen Caddy on 16 October 2015 258 As of 16 October 2015 the department had also tested the Amarok and Transporter commercial diesel vehicles but found them to be free of the defeat device 259 India edit As of 25 September 2015 update the Indian government directed the Automotive Research Association of India ARAI to investigate whether Volkswagen s vehicles had circumvented Indian laws and regulations on vehicle emission testing 260 261 On 22 September 2015 the Indian Foundation of Transport Research and Training IFTRT demanded a probe into Volkswagen s Confirmation of Production process for vehicles sold in India 262 In October the Government of India later extended its deadline for the test results to the end of October 2015 263 On 11 January 2017 ARAI s investigation into defeat devices was published and revealed that Volkswagen India had installed a derivation of the software used in the U S to defeat emission testing procedures in all of the Volkswagen group s product range in India with EA 189 engine series This included 1 2 L 1 5 L 1 6 L and 2 0 L diesel engine variants across three different brands Audi Skoda and Volkswagen The report called the defeat device not a product failure but a clear case of cheating 264 Italy edit On 6 October 2015 Italy s regulator of competition announced plans to investigate whether Volkswagen engaged in improper commercial practices when promoting its affected diesel vehicles 265 On 15 October 2015 Italian State Police raided Volkswagen offices in Verona and Volkswagen s Lamborghini offices in Bologna placing six executives under investigation 266 Japan edit In October 2015 Japan s Ministry of the Environment held an expert committee meeting to discuss this issue There were 36 targeted cars which had been privately imported although they were not sold through authorized resellers in Japan 267 Netherlands edit In December 2016 the Dutch consumers authority ACM decided to investigate whether Dutch laws were broken and consumers misled a report was due by June 2017 5 000 Dutch Volkswagen owners have signed up for a class action lawsuit when 268 Netherlands has spent billions of euros on subsidies in energy efficient cars in the recent years vague Jesse Klaver from the political party GroenLinks responded when that the Netherlands must claim back money from the car manufacturers if it emerges that they have committed fraud in the Netherlands 269 Norway edit Norway s prosecutors opened a criminal investigation into possible economic crimes committed by VW 270 In May 2016 Norway s sovereign wealth fund the world s largest 850 bn and also one of the company s biggest investors announced legal action against Volkswagen to be filed in Germany as part of a class action lawsuit being prepared there 271 Romania edit On 1 October 2015 the Romanian Automotive Register RAR stopped issuing registration documents for Volkswagen vehicles equipped with Euro 5 diesel engines 272 South Africa edit On 28 September 2015 the departments of Environmental Affairs and Transport and the National Regulator for Compulsory Specifications said they still needed to determine whether local cars had been affected by the rigging of US vehicle emissions tests 273 South Korea edit As of 19 January 2016 South Korea the world s eighth largest diesel car market planned a criminal case against Volkswagen executives 274 On 22 September 2015 South Korean authorities announced pollution control investigations into cars manufactured by Volkswagen and other European car manufacturers Park Pan kyu a deputy director at South Korea s environment ministry said If South Korean authorities find problems in the Volkswagen diesel cars the probe could be expanded to all German diesel cars 275 In November 2015 after defeat devices had been found in some Volkswagen models the Environment Minister issued a fine of 14 100 000 000 and ordered the cars to be recalled 276 As of 20 January 2016 the country s environmental agency had filed criminal charges against VW seeking up to 48 billion in penalties Johannes Thammer managing director of Audi Volkswagen Korea was placed under investigation and faced up to five years in prison and a fine of up to 30 000 000 277 Volkswagen s recall plan for South Korea submitted on 6 January 2016 was rejected by the authorities as it failed to meet a number of key legal requirements 274 Authorities are also reported to have rejected a revised plan on 23 March 2016 for the same reasons 278 In May 2016 following a wider investigation of 20 diesel powered cars South Korean authorities accused Nissan of using a defeat device for manipulating emissions data for the British built Nissan Qashqai allegations which the Japanese carmaker denied 279 In August 2019 the government announced a ban on 8 VW Group diesel models cars for cheating emissions regulations 280 281 Spain edit As of 28 October 2015 a Spanish court had opened a criminal probe against Volkswagen AG to establish whether the company s actions broke any local laws 282 Sweden edit As of 29 September 2015 Sweden s chief prosecutor was considering starting a preliminary investigation into Volkswagen s emissions violations 283 Switzerland edit On 26 September 2015 Switzerland banned sales of Volkswagen diesel cars marking the most severe step taken so far by a government in reaction to the emissions crisis 284 United Kingdom edit The Department for Transport announced on 24 September 2015 that it would begin re testing cars from a variety of manufacturers to ensure the use of defeat devices was not industry wide 285 The UK Parliamentary Transport Select Committee opened an enquiry into Volkswagen Emissions Violations with evidence sessions on 12 October 2015 and 25 January 2016 The Select Committee published a letter from Paul Willis managing director of Volkswagen Group UK Ltd of 21 December 2015 stating In very simple terms the software did amend the NOx characteristics in testing The vehicles did meet EU5 standards so it clearly contributed to meeting the EU5 standards in testing 286 A report on real world tests commissioned by the Government published in April 2016 showed emissions from 37 diesel engines up to 14 times higher than had been claimed with every vehicle exceeding the legal limit of nitrogen oxide emissions 287 Only Volkswagen group vehicles were found to have test cycle detection software In January 2017 an action group announced it had 25 000 vehicle owners who were seeking compensation of 3 000 4 000 per vehicle citation needed In May 2022 VW UK settled UK class action claims from around 90 000 drivers totalling 193m without admitting liability 288 Due to time limitations Dieselgate victims not part of this group litigation will unlikely be able to make a claim from May 2022 onwards 289 United States edit nbsp Recalled Volkswagens stored at Gary Chicago International AirportVW suspended sales of TDI equipped cars in the US on 20 September 2015 On 21 September 2015 the EPA announced that should the allegations be proven Volkswagen Group could face fines of up to US 37 500 per vehicle about US 18 billion in total 290 In addition to possible civil fines the United States Department of Justice Environment and Natural Resources Division were doing a criminal probe of Volkswagen AG s conduct 291 292 22 September 2015 The United States House Energy Subcommittee on Oversight and Investigations announced that it would hold a hearing into the Volkswagen scandal while New York Attorney General Eric Schneiderman said that his investigation was already underway 293 As of 29 October 2015 over 25 other states attorneys general and the Federal Bureau of Investigation in Detroit were involved in similar investigations 270 On 12 November 2015 the FBI confirmed to engineering magazine Ingenioren that it had an ongoing investigation 294 after previous unconfirmed reports 45 As of 6 October 2015 the EPA decided to broaden its investigations onto 28 diesel powered models made by BMW Chrysler General Motors Land Rover and Mercedes Benz The agency would initially focus on one used vehicle of each model and widen the probe if it encountered suspicious data 295 The EPA has described when the hidden Volkswagen pollution as knowing endangerment 296 In May 2016 the owners of Mercedes Benz confirmed that the US Justice Department asked Daimler AG to run an internal investigation into its diesel emissions testing as well 253 On 4 January 2016 the Justice Department on behalf of the EPA brought suit against Volkswagen in the United States District Court for the Eastern District of Michigan in Detroit The complaint seeking up to 46 billion in penalties for Clean Air Act violations 297 alleged that Volkswagen equipped certain 2 0 and 3 0 litre diesel engine vehicles with emissions cheating software causing NOx pollution to exceed EPA s standards during normal driving conditions It further claimed that Volkswagen entities provided misleading information and that material omissions impeded and obstructed efforts to learn the truth about the excess emissions 297 while so far recall discussions with the company have not produced an acceptable way forward 141 298 On 9 January 2016 US officials criticized Volkswagen for citing German law in order to withhold documents from a group of states investigating the company s actions Schneiderman also complained over Volkswagen s slowness in producing documents from its US files claiming the company has sought to delay responses until it completes its independent investigation several months from now 297 On 12 January 2016 US regulators rejected Volkswagen s recall plans for its affected 2 0 litre diesel engines submitted to CARB in December 2015 claiming that these do not adequately address overall impacts on vehicle performance emissions and safety 299 300 Volkswagen confirmed that its discussions with CARB will continue and said that the company is working on bringing a package together which satisfies our customers first and foremost and then also the regulators 299 The states of Arizona West Virginia New Mexico and Texas as well as Harris County Texas all filed separate lawsuits seeking restitution from VW The company also faces investigations by 48 United States state attorneys as of February 2016 update 301 302 303 On 29 March 2016 Volkswagen was additionally sued by the United States Federal Trade Commission for false advertising due to fraudulent claims made by the company in its promotion of the affected models which touted the environmental and economic advantages of diesel engines and contained claims of low emissions output The suit was consolidated into existing litigation over the matter in San Francisco which would allow the FTC to participate in global settlements over the matter 304 The Ninth U S Circuit Court of Appeals ruled on 1 June 2020 that Volkswagen was liable for further legal damage lawsuits brought by state and local governments in the emissions fraud The unanimous ruling by the court paved the way for two counties in Florida and Utah to proceed with litigation against Volkswagen as well as potential further cases brought by jurisdictions in the US By June 2020 VW had already expended 33 3 billion in settlements and other costs including buybacks of the excessively polluting diesel vehicles In a statement VW said it would ask the circuit court to review the ruling and that the company if necessary would take the case to the U S Supreme Court 305 Charges against Volkswagen engineering management edit On 9 September 2016 James Robert Liang a Volkswagen engineer working at Volkswagen s testing facility in Oxnard California admitted as part of a plea deal with the US Department of Justice that the defeat device had been purposely installed in US vehicles with the knowledge of his engineering team Liang admitted that beginning in about 2006 he and his co conspirators started to design a new EA 189 diesel engine for sale in the United States When he and his co conspirators realized that they could not design a diesel engine that would meet the stricter US emissions standards they designed and implemented the defeat device software 59 On 7 January 2017 former top emissions compliance manager for Volkswagen in the US Oliver Schmidt was arrested by the FBI on a charge of conspiracy to defraud the United States 306 On 11 January 2017 Volkswagen pleaded guilty to weaving a vast conspiracy to defraud the US government and obstructing a federal investigation and agreed to pay a US 2 8 billion criminal fine and US 1 5 billion in civil penalties In addition six executives have been criminally charged 307 On 3 May 2018 former Volkswagen CEO Martin Winterkorn was indicted on fraud and conspiracy charges in the emissions scandal case He has repeatedly denied any knowledge of the rigged emissions tests 15 Settlement edit On 25 October 2016 a final settlement was approved by a judge About 475 000 Volkswagen owners in the US were given the choice between a buyback or a free fix and compensation if a repair becomes available Volkswagen will begin administering the settlement immediately having already devoted several hundred employees to handling the process Buybacks range in value from 12 475 to 44 176 including restitution payments and vary based on mileage People who opt for a fix approved by the Environmental Protection Agency will receive payouts ranging from 5 100 to 9 852 depending on the book value of their car Of the buyback 138 000 had been completed by 18 February 2017 with 150 000 more to be returned 52 000 chose to keep their cars 67 000 diesel cars from model year 2015 were cleared for repairs but left uncertainty about the future of 325 000 Generation One diesel VWs from the 2009 2014 model years which use the lean NOx trap and would be harder to repair 308 309 In March 2018 Reuters reported that 294 000 cars from the buyback program have been stored at 37 regional US staging sites 310 some of the first reported sites included Colorado Springs Colorado 311 Pontiac Michigan 312 Baltimore Maryland 313 San Bernardino California 314 and Gary Indiana 315 Volkswagen will also pay 2 7 billion for environmental mitigation and another 2 billion for clean emissions infrastructure 316 Toward that end Volkswagen formed a U S subsidiary called Electrify America LLC based in Reston Virginia that will manage the 2 billion brand neutral zero emission vehicle infrastructure programs and marketing campaigns for the next ten years The group will get four installments of 500 million at 2 1 2 year intervals subject to California Air Resources Board and U S EPA approval 317 Volkswagen plans to install hundreds of chargers with 50 150 and even some ultra fast 320 kW charge rate beginning in California in 2017 318 319 Competing charge networks and automakers saw the effort as controversial 320 321 In August 2018 Electrify America launched the first national media advertising campaign to promote electric vehicles it featured the Chevy Bolt with other EVs in cameo roles 322 Securities and Exchange Commission lawsuit edit On 14 March 2019 the U S Securities and Exchange Commission filed a complaint against Volkswagen and its former CEO Martin Winterkorn alleging that they defrauded investors by selling corporate bonds and asset backed securities while knowingly making false and misleading statements to government regulators underwriters and consumers as to the quality of their automobiles 323 Private actions edit By 27 September 2015 at least 34 class action lawsuits had been filed in the United States 324 325 326 and Canada 327 328 on behalf of Volkswagen and Audi owners accusing Volkswagen of breach of contract fraudulent concealment false advertising and violations of federal and state laws and positing the diminished value of diesels that will be fixed to conform with pollution regulations due to possible reductions in horsepower and fuel efficiency 329 According to Reuters one reason class action lawyers were able to mobilize so fast is that the company s marketing to upscale professionals including jurists had backfired 330 As of 30 September 2015 update at least one investor lawsuit seeking class action status for holders of Volkswagen American Depositary Receipts had been filed in the United States seeking compensation for the drop in stock value due to the emissions scandal 331 On 7 October 2015 the Los Angeles Times reported that the number of class action lawsuits filed had grown to more than 230 332 On 19 November 2015 ABC News Australia reported that more than 90 000 VW Audi and Skoda diesel vehicle owners had filed a class action lawsuit against Volkswagen in the country s Federal Court 188 On 8 December 2015 the United States Judicial Panel on Multidistrict Litigation issued an order consolidating over 500 class actions against Volkswagen into a single multidistrict litigation captioned In re Volkswagen Clean Diesel Marketing Sales Practices and Products Liability Litigation MDL No 2672 and transferred the entire MDL to Judge Charles R Breyer of the federal district court for the Northern District of California 333 309 On 21 January 2016 Judge Breyer held a hearing on the requests by over 150 plaintiff s attorneys for some kind of leadership role in the gigantic Volkswagen MDL of which over 50 sought to serve as lead counsel or to chair the plaintiffs steering committee 334 More than 100 of those attorneys tried to squeeze into his San Francisco courtroom to argue their requests in person and some of them had to stand in the aisles or in the outside hallway 334 That afternoon Judge Breyer issued an order naming 22 attorneys to a plaintiffs steering committee and of those selected Elizabeth Cabraser of Lieff Cabraser as chair of the committee 334 On the other side Volkswagen hired Robert Giuffra of Sullivan amp Cromwell as its lead defense counsel in the MDL 335 On 14 March 2016 Volkswagen AG was sued in Germany for allegedly failing to inform financial markets in a timely manner about defeat devices used in diesel engines The suit on behalf of 278 institutional investors seeks 3 3 billion US 3 7 billion at March 2016 exchange rate in compensation 336 BlackRock Inc the world s largest asset manager joined other institutional investors in the lawsuit in September 2016 337 In November 2015 Moody s Investors Service downgraded Volkswagen s bond credit rating from A2 to A3 338 Fitch Ratings downgraded Volkswagen s Long term Issuer Default Rating by two notches to BBB with a negative outlook 185 339 In May 2016 The Children s Investment Fund Management run by Chris Hohn and retaining a 2 percent stake in Volkswagen preference stock launched a campaign aiming to overhaul the company s executive pay system arguing that for years management has been richly rewarded with massive compensation despite presiding over a productivity and profit collapse thereby leading to an aggressive management behavior and contributing to the diesel emission scandal 340 Later the same month German investor group DSW called for an independent audit of Volkswagen s emissions cheating practices arguing that the company s internal investigation might not necessarily make everything transparent to smaller shareholders 341 On 28 June 2016 Volkswagen agreed to pay 15 3 billion 342 to settle the various public and private civil actions in the United States the largest settlement ever of an automobile related consumer class action in United States history 343 On 25 October 2016 a U S federal judge approved the settlement 344 Up to 10 billion will be paid to 475 000 Volkswagen or Audi owners whose cars are equipped with 2 0 litre diesel engines Owners can also opt to have their car repaired free of charge or can sell it back to the company who will pay back its estimated value from before the scandal began Leases can also be terminated without incurring penalty charges Independent of which options are selected owners will still receive compensation ranging from 5 000 to 10 000 per affected car Additionally should they choose to decline the offer they are free to pursue independent legal action against the firm 345 The settlement also includes 2 7 billion for environmental mitigation 2 billion to promote zero emissions vehicles and 603 million for claims by 44 states Washington D C and Puerto Rico 346 Volkswagen agreed not to resell or export any vehicles it repurchases unless an approved emission repair has been completed 342 As of 28 June 2016 update no practical engineering solutions that would bring the vehicles into compliance with emission standards had been publicly identified 342 The consumer settlement will resolve all claims by participating consumers against Volkswagen and all its associates except for any potential claims against Robert Bosch GmbH 342 Bosch supplied two exhaust treatment components and engine control software 166 In the case of 3 0 litre V6 TDI engines Volkswagen suggested it can provide an uncomplicated fix that will bring the vehicles into compliance without adversely affecting performance a move that the company hopes will avoid an expensive buyback of these cars 347 European Investment Bank s possible involvement edit In January 2016 documents obtained by CEE Bankwatch Network provided more details for a European Investment Bank statement that its loans to Volkswagen may have been connected to the car makers use of cheating devices to rig emission tests The Antrieb RDI loan was supposedly for creating cleaner drive trains However during the bank s annual press conference on 14 January 2016 the bank president Werner Hoyer admitted that the 400 000 000 loan might have been used in the creation of an emissions defeat device 348 Many redacted documents obtained by Bankwatch along with the EIB not disclosing the details of the loan hint to the bank possibly already knowing that there were some discrepancies with the Antrieb RDI loan 349 In 2017 the European Anti Fraud Office OLAF found that Volkswagen had misled the bank about the car company s use of emissions cheating software in a scandal that has become known as Dieselgate 348 Also in 2017 Hoyer said the bank did not find any indication that its loans had been misused However six months later news website Politico reported that Olaf had concluded that Volkswagen acquired the EIB loan through fraud and deception 348 Models affected edit nbsp Vehicle line up at 2012 Volkswagen Great Canadian Clean Diesel TourBy 22 September 2015 Volkswagen had admitted that 11 million vehicles sold worldwide are affected in addition to the 480 000 vehicles with 2 0 L TDI engines sold in the US 350 According to Volkswagen vehicles sold in other countries with the 1 6 L and 2 0 L 4 cylinder TDI engine known as Type EA189 are also affected This software is also said to affect EA188 and the 2015 EA288 generation of the four cylinder 351 Worldwide around 1 2 million Skodas 352 and 2 1 million Audis may contain the software including TTs and Qs 353 VW states that Euro6 model in Germany are not affected while 2015 US models with the same EA288 engines are affected This suggests that normal operation measurements that place the EA288 NOx emissions between the two standards limits were readily available at Volkswagen headquarters in Germany According to Muller the 1 2 and 2 0 litre models may be updated by software whereas the around 3 million 1 6 litre require various hardware solutions and some cars may even be replaced The cars are so diverse that many different solutions are required 354 Over one quarter of Volkswagen s sales in the US are diesel powered vehicles The corporation has chosen a market strategy that emphasizes clean diesel over electric cars or hybrid electric vehicles 355 The vehicles affected by the recall in the US include the following model years 356 357 358 359 360 2009 2015 Audi A3 2 0 L TDI 2009 2015 Volkswagen Beetle 2 0 L TDI 2009 2015 Volkswagen Beetle Convertible 2 0 L TDI 2009 2015 Volkswagen Golf 2 0 L TDI 2015 Volkswagen Golf Sportwagen 2 0 L TDI 2009 2015 Volkswagen Jetta 2 0 L TDI 2009 2014 Volkswagen Jetta Sportwagen 2 0 L TDI 2012 2015 Volkswagen Passat 2 0 L TDI The EPA revealed on 2 November 2015 that Volkswagen had shipped additional diesel models with defeat devices including the 2014 VW Touareg and the 2015 Porsche Cayenne Model year 2016 Audi Quattro diesels were also found affected including several 2016 Audi Quattro models the 2016 Audi Quattro A6 A7 A8 A8L and Q5 361 Cynthis Giles the EPA Assistant Administrator for Office of Enforcement and Compliance Assurance called out the company for further refusing to take responsibility for its failure to comply with the law Under US federal Clean Air Act Volkswagen could be liable for up to 375 million in fines 362 Resale value edit As of 26 October 2015 update the resale value of affected model cars in the US was down from 5 to nearly 16 percent depending on model as compiled by Black Book and Kelley Blue Book based on used car auction prices the volume of which was also down 363 On 15 March 2016 Volkswagen Financial Services took a writedown of 353 000 000 to cover a potential decline in the residual value of the fleet of its leased cars 364 Effects on Volkswagen corporate edit Stock value edit nbsp Price of Volkswagen AG VOW DE stock Adjusted Close Width of line shows Volume Text in green is the percent difference from previous day s close In red is the percent difference from the close on 17 September 2015 365 Price of Volkswagen AG VOW DE stock 17 September 5 October 2015 365 Date Adj Close Volume diff from 17 Sep diff from previous day17 September 167 60 600 0 00 18 September 161 112 700 3 61 3 61 21 September 134 1 496 700 20 13 17 14 22 September 111 3 058 700 33 57 16 83 23 September 119 2 381 300 28 97 6 92 24 September 119 1 542 800 28 97 0 00 25 September 116 880 700 30 97 2 82 28 September 107 865 400 36 02 7 31 29 September 103 513 700 38 29 3 55 30 September 105 416 500 37 31 1 60 1 October 105 477 700 38 59 0 10 2 October 101 588 700 39 58 3 71 5 October 103 754 400 38 59 1 63 On 21 September 2015 the first day of trading after the EPA s Notice of Violation to Volkswagen became public share prices of Volkswagen AG fell 20 percent on the Frankfurt Stock Exchange 366 On 22 September the stock fell another 12 percent On 23 September the stock quickly fell 10 5 percent dropping below 100 to a record 4 year low before regaining some lost ground 367 368 Share prices of other German automakers were also affected with BMW down 4 9 percent and Daimler down 5 8 369 A year later Volkswagen stock was down by 30 percent 370 Qatar one of the biggest Volkswagen shareholders with a 17 percent stake in the company lost nearly 5 billion as the company stock value fell 371 Sales edit The US sale of Volkswagens was 23 882 vehicles in November 2015 a 24 7 percent decline from November 2014 372 373 In South Korea sales in November rose 66 percent to 4 517 units from a year ago due to the Volkswagen s aggressive marketing efforts such as a discount of up to 18 000 000 US 15 600 at December 2015 exchange rates for some models 374 In Great Britain the scandal did not affect sales which increased in 2016 to an all point high placing Volkswagen second in the league of best selling cars 375 VW sales across Europe returned to growth in April 2016 for the first time since the scandal broke with a group market share of 25 2 percent compared to its previous level of 26 1 percent 376 Industry consequences edit Renault believes that diesel cars would become significantly more expensive when re engineered to comply with new emissions regulations as a result of the Volkswagen disclosures to the point that diesel cars may not be competitive 377 Industry wide small diesel engines are being replaced by bigger ones 378 379 and electric car sales have risen 370 Suzuki had won the case to terminate its partnership with Volkswagen at the International Court of Arbitration of the International Chamber of Commerce and dissolved the capital tie up until September 2015 380 and was not involved in this scandal On 16 June 2016 Volkswagen announced plans to make major investments into the production of electric vehicles Matthias Muller predicted that Volkswagen would introduce 30 all electric models over the next 10 years and that electric vehicles would account for around a quarter of its annual sales by 2025 Volkswagen plans to fund the initiative by streamlining its operations and engaging in cost cutting Muller stated that the changes would require us following the serious setback as a result of the diesel issue to learn from mistakes made rectify shortcomings and establish a corporate culture that is open value driven and rooted in integrity 381 Volkswagen plans a battery factory near Salzgitter to compensate for the reduced numbers of piston engines 382 383 In November 2016 Volkswagen and its labour unions agreed to reduce the workforce by 30 000 people until 2021 as a result of the costs from the violations However 9 000 new jobs would come by producing more electric cars 384 Volkswagen CEO Herbert Diess stated to the German financial publication Handelsblatt that the company planned to stop marketing diesel models in the U S citing the legal framework 385 Secondary market consequences edit A study made by the researchers Prof Itai Ater from Tel Aviv University and Nir S Yoseph a Phd candidate from Tel Aviv University 386 explored the effect of the scandal on the secondary market in Israel According to this study which was publish at The Journal of Industrial Economics the Volkswagen emissions scandal had a statistically significant negative effect on the number of transactions in the secondary market involving the affected models nearly 18 percent and on their resale price nearly 6 percent The study also find that the reduction in the number of transactions was driven mostly by private sellers and that non private sellers barely shied away from the market These findings suggest that the supply of used cars among private sellers is much more elastic relative to the supply of used cars among non private sellers 387 The authors of the study argue that lower willingness to pay and adverse selection following Dieselgate could also explain those results 388 Other manufacturers editMain article Diesel emissions scandal After news broke out of Volkswagen cheating on diesel emissions multiple other vehicle manufacturers got caught falsifying emissions data as well as exceeding legal emission limits This uncovered a greater industry wide issue that goes far beyond only Volkswagen Group Automakers who have been caught using a defeat device within a diesel vehicle in a similar manner to Volkswagen include Jeep and Ram under FCA 389 now a part of Stellantis Opel 390 when under GM and Mercedes Benz 391 Other manufacturers have been accused with varying amounts of evidence of using diesel defeat devices in their vehicles but have yet to be proven Some of the manufacturers accused include Toyota 392 393 Suzuki 394 BMW 395 Citroen and Peugeot under PSA 396 now a part of Stellantis Mitsubishi 397 Nissan and Renault 398 Chevrolet and GMC 399 Ford 400 Cummins 401 as well as Hyundai and Kia 402 While not all using defeat devices diesel vehicles built by a wide range of carmakers including Volvo Renault Mercedes Jeep Hyundai Citroen BMW Mazda Fiat Ford and Peugeot 47 48 had independent tests carried out by ADAC that proved that under normal driving conditions many diesel vehicles exceeded legal European emission limits for nitrogen oxide NOx some by more than 10 times and one by 14 times 48 Researchers have criticized the inadequacy of current regulations and called for the use of a UN sanctioned test called Worldwide harmonized Light vehicles Test Procedures that better reflects real life driving conditions as well as on road emissions testing via PEMS The two types of new test started to come into force in 2017 with critics saying that car firms have lobbied fiercely to delay their implementation due to the high cost of meeting stricter environmental controls 47 The Volkswagen scandal has increased scrutiny on combustion engines in general and Volkswagen and several other car makes have been shown to pollute more than allowed 46 47 48 A French government report in 2016 investigated 86 different cars and about 1 5th of those were found to comply with emission laws One car was measured to emit 17 times more than allowed 403 An overview of tests showed that cars turned off the exhaust improvement device in many ordinary conditions 404 with 5 out 38 cars complying with regulations in an English test 405 A German test showed 10 out of 53 cars compliant when exposed to temperatures below 10 degrees Celsius 406 A French test showed 4 out of 52 cars compliant when tested outside not in a laboratory 407 As of March 2017 38 out of 40 diesel cars of all brands tested by ADAC failed a NOx test based on government standards 408 Beyond exclusively diesel or passenger vehicles automakers such as Hino 409 subsidiary of Toyota Hyundai and Kia 410 Nissan 411 Mazda Yamaha Motors Suzuki 412 Subaru 413 and others have been proven to be falsifying fuel economy or emissions on non diesel powered and or commercial vehicles Monkeygate editIn January 2018 it was revealed that Volkswagen had experimented on monkeys in May 2015 to prove that diesel exhaust was not harmful to primates The disclosure of the tests was named Monkeygate 414 415 However the test car was a Volkswagen Beetle fitted with the defeat device that produced far less emissions in the experiment than it would on the highway 416 417 Volkswagen s top lobbyist Thomas Steg was suspended on 23 January 2018 418 Reactions editPolitical figures edit German Chancellor Angela Merkel stated she hoped that all facts in the matter would be made known promptly urging complete transparency She additionally noted that Germany s Transport Minister Alexander Dobrindt was in ongoing communication with Volkswagen 419 Michel Sapin the French Finance Minister called for an investigation of diesel powered cars that would encompass the entire continent of Europe 420 Catherine Bearder MEP for South East England commented on 27 October 2015 in the European Parliament that we now have the political momentum for a radical overhaul that will ensure carmakers cannot dodge the rules defending an EU resolution meant to specifically cut deadly pollution from diesel vehicles 239 However when the European Commission proceeded with passing legislation that allowed the car industry more time to comply with the newer regulation while also permitting cars even under the more realistic tests to emit more than twice the legal limit of nitrogen oxides NOx from 2019 and up to 50 percent more from 2021 Bearder denounced the legislation as a disgraceful stitch up by national governments who are once again putting the interests of carmakers ahead of public health 240 London Assembly member Stephen Knight suggested on 1 November 2015 that diesel vehicles should either be banned in the future or face stringent tests before being allowed to enter London s low emissions zone The city s deputy mayor for the environment Matthew Pencharz responded that such measures could lead to serious economic problems 421 Automotive industry and other commentators edit Major car manufacturers including Toyota GM PSA Peugeot Citroen Renault Mazda Daimler Mercedes Benz and Honda issued press statements reaffirming their vehicles compliance with all regulations and legislation for the markets in which they operate The Society of Motor Manufacturers and Traders described the issue as affecting just one company with no evidence to suggest that the whole industry might be affected 422 Renault Nissan CEO Carlos Ghosn said it would be difficult for an automaker to conceal internally an effort to falsify vehicle emissions data such as has happened at Volkswagen AG I don t think you can do something like this hiding in the bushes 423 Jim Holder the editorial director of Haymarket Automotive which publishes WhatCar and AutoCar opined that there had never been a scandal in the automotive industry of this size 424 A commentary in Spiegel Online argued that the Volkswagen scandal will affect the entire German industry and that German companies operating abroad will face a decrease in competitiveness 425 Alan Brown chairman of the Volkswagen National Dealer Advisory Council commented on the scandal s negative impact on US dealers who were already struggling with overpriced products and a deteriorating relationship between the company and the dealer body 426 Car and Driver similarly emphasized Volkswagen s inability to efficiently operate in the US market while also suggesting that the company had grossly underestimated the EPA s power and inexplicably failed to go public before the story broke despite receiving ample warning 427 Tesla Motors CEO Elon Musk was asked about his opinion whether the scandal will weaken the consumer s view on green technologies he responded saying he expects the opposite to happen What Volkswagen is really showing is that we ve reached the limit of what s possible with diesel and petrol The time has come to move to a new generation of technology 428 Similarly analysts at Fitch suggested the Volkswagen diesel emissions crisis was likely to affect the entire automotive industry with petrol cars potentially enjoying a revival in Europe and greater investment being poured into electric vehicles 79 Other commentators argued that the diesel engine will nevertheless regain its footing in the market due to its international indispensability low CO2 emissions and strong presence in the US pickup and commercial truck segments 427 On 29 September 2015 S amp P Dow Jones Indices and RobecoSAM stated that Volkswagen AG s stock will be de listed from the Dow Jones Sustainability indexes after close of trading on 5 October 2015 Among the reasons for the de listing the statement issued by RobecoSAM cited social and ethical reasons and confirmed that Volkswagen will no longer be identified as an Industry Group Leader in the Automobiles amp Components industry group 429 In early October Green Car Journalrescinded its Green Car of the Year awards for models that best raise the bar in environmental performance that were given to the 2009 Volkswagen Jetta TDI and 2010 Audi A3 TDI models 430 In December 2015 a group of business and environmental leaders including Tesla CEO Elon Musk addressed an open letter to CARB urging the agency to absolve Volkswagen of recalling the 85 000 diesel vehicles affected by the scandal in the US and argued that Volkswagen should instead be asked to allocate resources to an accelerated rollout of zero emissions vehicles cure the air not the cars The letter which includes a 5 step legally enforceable plan argues that this course of action could result in a 10 for 1 or greater reduction in pollutant emissions as compared to the pollution associated with the diesel fleet cheating while suggesting that the affected vehicles on the road in California represent an insignificant portion of total vehicles emissions in the State and do not individually present any emissions related risk to their owners or occupants 431 432 Similar requests were put forward by the American Lung Association who petitioned the EPA to determine Volkswagen to promote zero emissions vehicles build sustainable transport infrastructure and retrofit older diesel models with superior emissions controls 433 Volkswagen got a 2016 Ig Nobel Prize in chemistry from the scientific humor magazine Annals of Improbable Research for solving the problem of excessive automobile pollution emissions by automatically electromechanically producing fewer emissions whenever the cars are being tested 434 Media edit The Volkswagen TDI emissions scandal has received widespread negative media exposure 435 436 437 438 439 440 with headlines fronting the websites of multiple news gathering and reporting organizations 65 112 441 442 Reuters said that the crisis at Volkswagen could be a bigger threat to the German economy than the consequences of the 2015 Greek sovereign debt default 443 Deutsche Welle one of Germany s state broadcasters said that a lawsuit tsunami was headed for Volkswagen and that the scandal had dealt a blow to the country s psyche and Made in Germany brand 444 Popular Mechanics said that the scandal is much worse than a recall highlighting that Volkswagen had engaged in a pattern of cynical deceit 445 The Volkswagen emissions cheating scandal has joined the ranks of other gate suffix stories with media coining both Dieselgate and Emissionsgate to describe it 161 173 219 446 447 448 Public polling edit Despite the scandal one poll conducted for Bild suggested that the majority of Germans 55 percent still have great faith in Volkswagen with over three quarters believing that other carmakers are equally guilty of manipulation 449 Similarly a poll conducted by the management consultancy Prophet in October 2015 indicated that two thirds of Germans believe the scandal to be exaggerated and continue to regard Volkswagen as a builder of excellent cars 450 A survey by Northwestern University s Kellogg School of Management Brand Imperatives and Survata said that nearly 50 percent of US consumers had either a positive or very positive impression of Volkswagen while 7 5 percent had a very negative impression 451 Another US survey by market researcher AutoPacific found that 64 percent of vehicle owners do not trust Volkswagen and only 25 percent of them have a positive view of Volkswagen following the scandal 452 453 See also editExhaust gas recirculation FTP 75 NOx adsorber Vehicle regulationPortals nbsp Cars nbsp Germany nbsp Companies nbsp Law nbsp EnvironmentNotes edit The vehicles tested were anonymous in the original WVU study Emissions listed on page 64 65 NOx treatment listed on page 9 U S and European NOx limits listed on page 5 and 61 In 2011 a study by the European Commission s Joint Research Centre found the average on road NOx emission of the tested Euro 5 diesel vehicles to be 0 62 0 19 g km 82 Citations edit Abgas Skandal bei VW Techniker warnte schon 2011 vor Manipulationen Bild 27 September 2015 VW scandal Carmaker was warned by Bosch about test rigging software in 2007 International Business Times UK 28 September 2015 a b c d The Passat PDF UK Volkswagen Group 1 August 2008 Retrieved 23 May 2016 a b VW says sold first UK vehicle with emission test rigging software in 2008 Reuters UK Retrieved 27 October 2015 a b The Passat Estate PDF UK Volkswagen Group 1 July 2009 Retrieved 23 May 2016 a b Volkswagen says 800 000 cars may have false CO2 levels BBC News BBC 4 November 2015 retrieved 4 November 2015 Volkswagen European TDI repair for diesel cars Autoweek com 17 December 2015 retrieved 27 December 2015 a b Bruce Chris 25 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