Volker Wissing wants to solve combustion dispute in the EU with a legal trick

Transport Minister Volker Wissing (FDP) has presented proposals for solutions in the dispute over the combustion engine. In a letter to Commission Vice-President Frans Timmermans, the Ministry of Transport has put forward several options for the registration of new cars powered by synthetic fuels, so-called e-fuels, with internal combustion engines after 2035. The condition for Wissing is that the Commission not only makes a declaration of intent, but also presents concrete proposals – and that it happens quickly. It is said that progress must be made in the search for solutions.

Hendrik Kafsack

Economic correspondent in Brussels.

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The letter, addressed to Timmermans' bureau chief (head of cabinet), lists a number of options. The F.A.Z. does not have the letter, but the content is known to it. The preferred variant is obviously that the European Commission enacts a so-called delegated act – as is well known from the taxonomy debate – which would pave the way for the combustion engine.

This would have a number of advantages: The law on CO2 fleet limits for cars themselves, which has already been passed by the EU Parliament, would not have to be changed. Such a delegated act can be drawn up quickly, i.e. within a few weeks or faster. In addition, the voting rules would be different from classic EU laws. The act could only be held up if a qualified majority of states or an absolute majority of the European Parliament opposes it. A majority of states is qualified when at least 55 percent or 15 out of 27 members rally behind a proposal, who at the same time represent at least 65 percent of EU citizens.

Problematic approach

There is no such qualified majority in the Council of Ministers. In the European Parliament, a blockade is uncertain, because the vote on the combustion engine was close there. But there are also a number of problems with this approach. For example, the Commission needs a reliable legal basis in the legislative text on CO2 limits for cars for a delegated act.

It is true that such acts are provided for there. However, they relate to technical issues, such as the methodology of the measurement methods. Building on this, proposing a legal act that would open the door for the combustion engine is legally dubious. The probability that the European Court of Justice will overturn such a "legal trick" is very high, according to circles familiar with the negotiations between Wissing and Timmermans. In addition, there is the political damage, as the European Parliament is likely to feel politically demonstrated.

A sufficient legal basis could be created. But then the text of the law itself would have to be untied again. However, this probably also applies to the other options listed by the Ministry of Transport. Firstly, this is the variant already circulating in Brussels to change the definition of CO2-neutral fuels (F.A.Z. of 11 March). Secondly, we could use the current legislation for the new emission standards for cars (Euro 7) and, thirdly, write a special law. For all these variants, Wissing would also have to organize a majority in the EU Council of Ministers and Parliament.

In any case, the big question is how far the EU Commission wants to go. So far, Timmermans has maintained that the Commission can only issue a declaration of intent. In concrete terms, it will only become after the final adoption of the CO2 limits for cars, which Wissing prevented at the last minute.