Car Energy Consumption Labeling Ordinance

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Basic data
Title: Ordinance on consumer information on fuel consumption, CO 2 emissions and electricity consumption of new passenger cars
Short title: Car Energy Consumption Labeling Ordinance
Abbreviation: Car EnVKV
Type: Federal Ordinance
Scope: Federal Republic of Germany
Issued on the basis of: Section 1 Paragraph 1–3 EnVKG
Legal matter: Commercial administrative law , energy law
References : 754-17-2
Issued on: May 28, 2004
( BGBl. I p. 1037 )
Entry into force on: November 1, 2004
Last change by: Art. 259 VO from 19 June 2020
( Federal Law Gazette I, p. 1328, 1358 )
Effective date of the
last change: 		June 27, 2020
(Art. 361 of June 19, 2020)
Please note the note on the applicable legal version.

The Passenger Car Energy Consumption Labeling Ordinance ( Pkw-EnVKV for short ) is intended to assess and label the energy efficiency of new passenger vehicles. The regulation transposed Directive 1999/94 / EC on the provision of consumer information on fuel consumption and CO 2 emissions in marketing for new passenger cars into German law. The award is based on so-called energy or CO 2 labels (also known as “efficiency labels”), which are intended to inform consumers and support them in their purchase decision in favor of a vehicle that is as environmentally friendly as possible. However, since the calculation formula sets the average CO 2 emissions of a vehicle in relation to the vehicle weight and therefore high- consumption vehicles are often rated better than low- consumption vehicles, the regulation has come under considerable criticism from environmental and automotive associations. In July 2013, the European Court of Justice ruled that the Federal Ministry of Economics had to give DUH access to files on the coming into being of the law and the influence of the car lobby.

content

Since November 2004, car sellers have been obliged to label their exhibited vehicles as well as vehicles offered for sale or leasing with information about their respective fuel consumption and CO 2 emissions. A classification and evaluation, as is known from refrigerators or washing machines, has not yet taken place in this context.

The aim of the Passenger Car Energy Consumption Labeling Ordinance is to assign vehicles an equally fixed rating so that buyers can be informed about their efficiency at first glance. However, the assessment is not based on the absolute values ​​from fuel consumption and CO 2 emissions, but from their relationship to the vehicle mass (total weight). Heavier vehicles are allowed a higher consumption than lighter ones.

Calculation and classification

Similar to the process known from many household appliances, the vehicles are divided into eight efficiency classes: from A + (very efficient) to G (not very efficient). The individual classes are also differentiated by color: The scale ranges from green (A to C) to yellow (D to F) to red (G). For classification in the corresponding class, the vehicle-specific CO 2 reference value

R is first calculated with the vehicle mass M in kilograms of the ready-to-drive vehicle according to the following numerical equation: R [g / km] = 36.59079 + 0.08987 × M

This reference value is commercial round to a whole number. The percentage deviation of the absolute vehicle CO 2 value from the reference value is then determined according to:

CO 2 Diff. [%] = (CO 2 car - R) × 100 / R

This percentage value can now be assigned using the following table and thus the CO 2 efficiency class can be determined:

Limits of the energy efficiency classes for cars
CO 2 efficiency class Class width
(deviation from the reference value)		 Distribution 2013 Distribution 2018 Note
A +++ ≤ −55% 0.3% 2.1% If at least 5% of the registered vehicles meet the values ​​within a calendar year
, this class will be introduced.
A ++ −54.99% to −46% 0.7% 0.9% If at least 5% of the registered vehicles meet the values ​​within a calendar year
, this class will be introduced. This is also not the case with the review for 2018.
A + −45.99% to −37% 2.2% 5.8% This generally includes all electric cars .
A. -36.99% to -28% 19.6% 20.8%
B. −27.99% to −19% 26.8% 39.2%
C. −18.99% to −10% 29.0% 20.2%
D. −9.99% to −1% 16.1% 7.2%
E. −0.99% to + 8% 3.5% 2.1%
F. + 8.01% to + 17% 1.2% 0.8%
G > +17.01% 0.8% 0.8% These include disproportionately large sports cars .

rating

According to the former Minister of Economic Affairs, Philipp Rösler , whose ministry developed the regulation, the efficiency scale provides information on "how efficient the vehicle is compared to other models in the respective class". According to the Association of the Automotive Industry , the greatest advantage of the EnVKV is the option of class-specific assessment. This does not mean the efficiency class, but the vehicle class. Since the categorization of the vehicle class is not included in the formula, but only the weight, this rather means a weight-specific assessment, with the assumption that a vehicle class has a similarly high weight. With a classification (now efficiency class) based solely on the emission values, functionally oriented vehicles such as off-road vehicles , emergency vehicles or SUVs in particular would generally perform worse due to their higher weight and usually more powerful engines , although they may be equipped with modern technology . Small cars , on the other hand, would tend to be rated more environmentally friendly due to their lower weight, although more environmentally friendly technologies may have long been available. A distinction within a vehicle class would therefore not be possible - consumers would not be able to tell from several SUVs which is the most efficient.

On the other hand, environmental associations , but also some car clubs such as ADAC , Verkehrsclub Deutschland (VCD) or Autoclub Europa (ACE) criticized the fact that the mass of the vehicle was used to classify the size of the car. This classification is misleading the consumer, since too little importance is attached to the actual CO 2 emissions. The heavier a car is, the more carbon dioxide it is allowed to emit, which means that heavy vehicles with high consumption are classified as environmentally friendly. Greenpeace even sees it as “a perversion of the original intention”.

In fact, the regulation often gives fuel-saving small cars a significantly lower rating than high-powered luxury class sedans with higher consumption. While z. For example, a Fiat 500 weighing over 1000 kg with CO 2 emissions of 155 g / km falls into the second worst category, while a Porsche Cayenne weighing around 2.5 tons with CO 2 emissions of 193 g / km receives the second best rating . According to the German Environmental Aid , the aim of the directive, consumers will purchase CO 2 to stop low carbon vehicles, hindered by the betterment of heavier vehicles. According to ADAC, the efficiency label is “just confusing and therefore totally superfluous”, while the Association of the Automotive Industry praises the system and judges it as “fair”, since all manufacturers are rated equally.

Legal dispute over access to files for German environmental aid

In July 2010, the environmental organization sued German Environmental Aid before the Berlin Administrative Court for access to documents in order to clarify the occurrence of the Regulation and in particular the influence of the car lobby for their amendment. The Federal Ministry of Economics, headed by Rainer Brüderle at the time, had previously refused to hand over files on the creation of the ordinance, and Brüderle's successor, Philipp Rösler , refused to allow DUH to inspect the files. In July 2013, the European Court of Justice , which had taken over the case from the Berlin Administrative Court , decided that the ministry must allow DUH access to the files. At the same time, the European Court of Justice declared that the German Environmental Information Act was not compatible with the underlying EU directive.

The files showed that the automotive industry had already exerted considerable influence on the draft regulation. The Association of the Automotive Industry (VDA) initially agreed on a proposal for the ordinance with the Federal Ministry of Economics and participated in the subsequent coordination between the Federal Economics and Environment Ministry. As a result, the weight dependency of the efficiency classes desired by the automotive industry was included in the ordinance and the proportion of vehicles marked “green” was increased.

outlook

The majority of the German Federal Council was in favor of expanding the EnVKV at the latest three years after its introduction to include additional factors that must be used to calculate the efficiency class. These could be the area of ​​the vehicle or the number of seats in relation to the weight of the vehicle. If at least five percent of new vehicles achieve the top rating, further (better) efficiency classes are to be gradually introduced.

New car registrations in Germany according to CO 2 efficiency classes

New car registrations in Germany according to CO 2 efficiency classes in accordance with the Passenger Car Energy Consumption Labeling Ordinance
CO 2 efficiency class 1 2011 2012 2013 2014 2015 2016 2017 2018
A + 17.131 45,840 92,490 206.238 359.728 432.306 391.101 264,564
A. 343.218 483.285 571.243 613,774 765.692 858.561 812.088 622.124
B. 597.161 632.813 783.827 922.027 1,071,072 1,175,844 1,272,171 1,169,810
C. 947.508 942,900 845.788 757.135 608.576 543.386 610,073 603.001
D. 835,555 675.501 469.017 384,687 261.353 211,339 214.157 214,584
E. 256.188 173,547 101,933 74,925 60,472 47,373 54.106 62,719
F. 102,781 68,989 34,739 25,883 23,680 18,246 18.051 22,412
G 45.311 28,702 21,996 18,765 19,488 23,249 22,061 22,443
no information 2 28,781 30,927 31,398 33,339 35,981 41,303 47,454 454.121 3
All in all 3,173,634 3,082,504 2,952,431 3,036,773 3,206,042 3,351,607 3,441,262 3,435,778
including pure electric vehicles 2.154 2,956 6,051 8,522 12,363 11,410 25,056 36,062
source
1 Model series are shown with at least five newly registered vehicles in one month (exception: luxury class and sports cars).
2 Vehicles with a special purpose (e.g. mobile homes) do not require labeling.
3In contrast to 2017, five-digit registration numbers appeared under "Other" in 2018 in all vehicle classes (from mini / small cars to large classes). The KBA explains this in the "Methodological Explanations" of FZ14 (page 47) with high error rates in the manual recalculation due to the conversion of the NEDC to WLTP and data rejected as implausible.

literature

  • Dirk Wüstenberg: Car energy consumption labeling on the Internet - current legal situation and case law , in: Competition in Law and Practice (WRP) 2014, pp. 533-540.

Web links

Individual evidence

  1. ↑ a b c d AutoScout24: "ENVKV - Efficiency Label for New Cars Like Fridges" , article from November 24, 2011
  2. ↑ a b c ADAC: "Energy consumption labeling for cars: CO 2 label"
  3. ↑ Ordinance ( Memento of the original dated February 21, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Federal Ministry for Economics and Technology. @1@ 2Template: Webachiv / IABot / www.bmwi.de
  4. ↑ Federal Ministry for Economic Affairs and Energy: Announcement on the Passenger Car Energy Consumption Labeling Ordinance of June 5, 2014 BAnz AT June 30 , 2014 B2
  5. ↑ a b Federal Ministry for Economic Affairs and Energy: Announcement on the Passenger Car Energy Consumption Labeling Ordinance of June 17, 2018 BAnz AT June 28, 2019 B1
  6. ↑ a b ADAC sees red when there is a new environmental light for new cars . In: Focus , August 3, 2011. Retrieved February 24, 2012.
  7. ↑ Konsumo: Energy efficiency classes for cars: Planned labeling under criticism ( Memento from September 4, 2010 in the Internet Archive ) konsumo.de, September 1, 2010
  8. ↑ Review: Systematic lobbying ( Memento from January 18, 2012 in the Internet Archive ). In: Plusminus , September 7, 2011.
  9. ↑ European Court of Justice criticizes German Environmental Information Act ( Memento of the original from October 29, 2013 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. . www.verkehrlage.de . Retrieved August 6, 2013. @1@ 2Template: Webachiv / IABot / www.verkehrslage.de
  10. ↑ Car lobby. EU court allows a look behind the scenes . In: Tagesspiegel , August 6, 2013. Retrieved August 6, 2013.
  11. ↑ Matthias Breitinger: Brussels should clarify the influence of the car lobby. In: Zeit Online. October 28, 2013. Retrieved October 28, 2013 . , Scan of the original documents: (PDF, 2.2 MB)
  12. ↑ New registrations of passenger cars in 2011 by segment, model series and CO 2 efficiency class. (PDF) In: Statistische Mitteilungen des Kraftfahrt-Bundesamt FZ 14, 2011. Kraftfahrt-Bundesamt , April 2012, p. 21 , accessed on January 19, 2016 .
  13. ↑ New registrations of passenger cars in 2012 by segment, model series and CO 2 efficiency class. (PDF) In: Statistische Mitteilungen des Kraftfahrt-Bundesamt FZ 14, 2012. Kraftfahrt-Bundesamt , April 2013, p. 41 , accessed on January 19, 2016 .
  14. ↑ New registrations of passenger cars in 2013 by segment, model series and CO 2 efficiency class. (PDF) In: Statistische Mitteilungen des Kraftfahrt-Bundesamt FZ 14, 2013. Kraftfahrt-Bundesamt , April 2014, p. 42 , accessed on January 19, 2016 .
  15. ↑ New registrations of passenger cars in 2014 by segment, model series and CO 2 efficiency class. (PDF) In: Statistische Mitteilungen des Kraftfahrt-Bundesamt FZ 14, 2014. Kraftfahrt-Bundesamt , April 2015, p. 40 , accessed on January 19, 2016 .
  16. ↑ New admission barometer. Passenger cars in December 2015 according to selected CO 2 efficiency classes. Federal Motor Transport Authority , accessed on January 19, 2016 .
  17. ↑ New registrations of passenger cars in 2017 by segment, model series and CO 2 efficiency class, page 42. Kraftfahrt-Bundesamt , accessed on September 14, 2018 .
  18. ↑ New registrations of passenger cars in 2017 by segment, model series and CO 2 efficiency class. Federal Motor Transport Authority, accessed on September 14, 2019 .
  19. ↑ a b Vehicle registrations: New registrations of motor vehicles by environmental characteristics year 2018, page 42. Kraftfahrtbundesamt, accessed on October 7, 2019 (German).