The European Union’s approval process for Tesla’s Full Self-Driving (Supervised) driver assistance system is facing further delays, with the next meeting of the responsible EU committee scheduled to continue discussions rather than hold a vote. A Europe-wide decision would therefore be possible at the earliest in December.
Tesla received its first European approval for FSD Supervised in April from the Dutch road authority RDW. The authorization is not a standard EU type approval but a provisional approval under Article 39 of EU Regulation 2018/858, which provides a route for new technologies or technical concepts not fully covered by existing EU regulations.
Several other EU member states have since adopted the Dutch provisional approval, including the Czech Republic.
October Meeting to Continue Discussions
Progress toward a regular EU-wide approval has been slower than initially expected. According to Electrek, the provisional agenda for the Technical Committee on Motor Vehicles (TCMV) meeting on October 6 allocates 25 minutes to a “continuation of the discussion” concerning the Netherlands’ Article 39 application.
No vote is listed on the agenda. Since the committee is not scheduled to meet again until December, that meeting would provide the earliest subsequent opportunity for a Europe-wide decision.
Tesla had previously identified October 6 as a possible date for a vote. The application is based on the provisional approval granted by the RDW, and the responsible EU committee has already discussed the request twice without holding a vote.
FSD Supervised Requires Driver Monitoring
Despite its name, FSD Supervised is not a driverless driving system. The human driver remains responsible for the vehicle and must continuously monitor the system.
The technology is distinct from the UNECE regulatory framework for Automated Driving Systems adopted this summer. That framework addresses fully automated systems capable of performing the driving task without continuous driver supervision, but its adoption does not by itself authorize a specific system to operate on public roads.
Seven EU Countries Recognize Dutch Approval
Seven EU countries have so far adopted the Dutch authorization for their roads: the Netherlands, Lithuania, Estonia, Denmark, Belgium, Slovenia and the Czech Republic.
Together, these countries account for approximately 12% of the EU population. An EU-wide approval under the relevant procedure requires a qualified majority of at least 15 of the 27 member states, representing at least 65% of the European Union’s population.
Several major automotive markets have not recognized the Dutch approval. France has not adopted the current authorization, while Germany, Italy and Spain have also not done so.
European authorities have raised issues including compliance with speed limits and monitoring of driver attentiveness. Sweden has also raised concerns about Tesla’s system allowing settings above applicable speed limits, while concerns in other Nordic countries include operation in winter conditions and driver monitoring. France has raised issues involving speed and attentiveness in urban traffic.
Tesla Cites Its Own Safety Data
Tesla has responded by citing its own usage and safety data. The company said more than 70,000 customers were using FSD Supervised at the beginning of September, with those vehicles collectively covering more than one million kilometres per day.
Tesla also claims that over a distance of more than 100 million kilometres, FSD Supervised was involved in accidents 4.1 times less frequently than manually driven Teslas.
The figures were provided by Tesla and have not been independently verified.
Europe-Wide Decision Could Come in December
The delay extends the period during which FSD Supervised has different regulatory status across European markets.
Tesla has previously indicated earlier timelines for broader European approval. Unless the TCMV reaches a decision at an earlier session, the committee’s December meeting represents the next apparent opportunity for a vote on the Netherlands’ Article 39 application.
