Motor vehicle emission recall system launched on July 1

Car companies usher in technological upgrading "tightening curse"

　　□ Our reporter Wan Jing

　　On July 1, the "Regulations on the Recall of Motor Vehicle Emissions" (hereinafter referred to as the "Regulations") formulated and promulgated by the State Administration for Market Regulation and the Ministry of Ecology and Environment (hereinafter referred to as the "Regulations") was formally implemented.

　　The "Regulations" require that due to design, production defects or non-compliance with the specified environmental protection durability requirements, the same batch, model or category of motor vehicles generally does not meet the national standards for air pollutant emission, the manufacturer shall Implement a recall.

If the motor vehicle manufacturer fails to implement the recall in accordance with the recall plan, the market supervision and management department shall order it to make corrections and impose a fine of less than 30,000 yuan.

　　Several experts said in an interview with a reporter from the "Rules of Law" that the implementation of the "Regulations" means that motor vehicles will be extended from the original safety recall to the emission recall, which will prompt the motor vehicle industry to pay more attention to emission technology research and development and related standard requirements. Enterprises take the initiative to upgrade technology to provide a more favorable guarantee for the prevention and control of air pollution and the protection of consumer health and safety in my country.

　　Discovery of emissions hazards

　　Producers must be recalled immediately

　　Previously, my country's motor vehicle recall implementation plan was limited to safety recalls.

　　In 2004, the four ministries and commissions including the former General Administration of Quality Supervision, Inspection and Quarantine jointly issued the "Regulations on the Recall of Defective Automobile Products", marking the beginning of my country's implementation of the management of automobile product recalls.

On January 1, 2013, the "Regulations on the Administration of Recalls of Defective Automobile Products" were upgraded to the "Regulations on the Administration of Recalls of Defective Automobile Products", which clearly stipulated that when manufacturers implement recalls, they should formulate a recall plan in accordance with the regulations of the product quality supervision department of the State Council and report to the State Council for products. The quality supervision department shall be put on record, and the recall plan that has been put on record shall be re-filed.

The producer shall report to the competent authority in writing within 5 working days after confirming the defect of its automobile product.

　　According to the regulations, if there is a situation that does not meet the national standards and industry standards for the protection of personal and property safety or other unreasonable dangers that endanger the safety of personal and property, the production and sale of automobiles and automobile trailers in China The person should be recalled.

　　According to the relevant person in charge of the General Administration of Market Supervision, the new "Regulations" are introduced. The emission recall obligations of producers are basically the same as safety recalls. Only the emission risk information reporting link has been adjusted according to the characteristics of emission recalls, and the need for producers to report is added. Names of emission parts, warranty period and other information.

Obligations such as information retrospective management, risk information reporting, active investigation analysis and cooperation, cessation of production and operation, recall plan report and release, and recall report submission are consistent with safety recalls, and no new operator obligations have been established.

At the same time, the relevant time limit requirements of the "Regulations" regarding emission recalls are also consistent with safety recalls, ensuring the continuity and coordination of the recall supervision work.

　　It is understood that the "Regulations" have determined that the emission hazards specifically include three situations: due to design and production defects, the emission of air pollutants from motor vehicles exceeds the standard; due to non-compliance with the specified environmental protection durability requirements, the emission of air pollutants from motor vehicles exceeds the standard; Due to design and production reasons, motor vehicles have other non-compliance with emission standards or unreasonable emissions.

　　For those satisfying the above three conditions, the motor vehicle manufacturer shall immediately conduct investigation and analysis, and report the results of the investigation and analysis to the State Administration of Market Supervision. If the motor vehicle manufacturer believes that the motor vehicle has emissions hazards, it shall immediately implement a recall.

　　It is worth noting that the "Regulations" also pointed out that importers of imported motor vehicles are also regarded as motor vehicle producers referred to in these regulations.

　　Three channels to collect information

　　Maximum fine of 30,000 for non-performance

　　The automobile industry is an important pillar industry of my country's national economy.

In 2020, my country's auto sales continued to rank first in the world.

In 2020, the number of motor vehicles nationwide will reach 372 million, and there will be more than one million vehicles in 70 cities across the country.

　　The huge car ownership also poses a challenge to the ecological environment.

　　According to the relevant person in charge of the General Administration of Market Supervision, in 2019, the total emissions of four pollutants from motor vehicles, including carbon monoxide (CO), hydrocarbons (HC), nitrogen oxides (NOx) and particulate matter (PM), totaled 16.038 million tons in 2019. .

Automobile emissions are the main source of air pollution emissions from motor vehicles.

　　Motor vehicle emission recall is one of the important measures to prevent and control vehicle emission pollution.

　　The reporter noticed that, in order to promote enterprises to actively fulfill their recall obligations and produce vehicles that meet the emission standards, the Regulations put more emphasis on the enforcement of legal responsibilities than the previous regulations on safety recalls.

　　The new emission recall regulations clarify that if the motor vehicle manufacturer fails to submit the recall plan or fails to implement the recall in accordance with the recall plan, the market supervision and management department shall order corrections and impose a fine of less than 30,000 yuan.

　　According to the relevant person in charge of the State Administration for Market Regulation, this clause is directly related to the brand image and credibility of the producer. The purpose is to enhance the enterprise's awareness of quality and integrity, and form a mechanism for trustworthy incentives and untrustworthy punishment. To a certain extent, it can also make up for the "Regulations". Departmental regulations and penalties are not limited, and companies are urged to actively fulfill their recall obligations.

　　Lin Hongchao, a professor at the Institute of Rule of Law and Government of China University of Political Science and Law, believes that compared with the previous penal requirements for safety recalls, the provisions of the "Regulations" on liability fines remove the prerequisites for ordering corrections and then impose fines, and increase the authority and compulsion of the "Regulations". Nature, which is conducive to enhancing the effectiveness of recall supervision.

At the same time, in order to enhance operability and enforcement, the "Regulations" will also order recalls and administrative punishment information to be included in the credit file, and announced to the public in accordance with the law.

　　The interviewed experts believe that because the cost of a single-vehicle emission recall may be higher than that of a car safety recall, the "Regulations" will bring greater economic and brand pressure to some motor vehicle companies in the short term, especially those with low emission technologies.

However, from a long-term perspective, the implementation of emission recalls is an inevitable trend. The "Regulations" will prompt the motor vehicle industry to pay more attention to emission technology research and development and related standard requirements, and force companies to actively upgrade technology. It can be said that it is a technical test.

　　In addition, unlike automobile product safety recalls, consumer reports are no longer the main channel for collecting information on motor vehicle emissions hazards. This is another bright spot in the new regulations on automobile emissions recalls.

Specifically, the "Regulations" propose the following three information collection channels:

　　Competent department information collection and sharing.

Local eco-environmental departments at or above the city level with districts shall collect and analyze motor vehicle emission inspection and testing information, pollution control technology information, and emission complaint and report information, and report information that may be related to emission hazards to the Ministry of Ecology and Environment.

The General Administration of Market Supervision is responsible for establishing a vehicle emission recall information system and a supervision and management platform, and an information sharing mechanism with the Ministry of Ecology and Environment.

　　Producer information report.

Motor vehicle manufacturers report the following information in a timely manner through the motor vehicle emission recall information system: the name and warranty period information of the emission parts; abnormal failure maintenance information and failure cause analysis reports of the emission parts; motor vehicle in-use compliance inspection information; and Litigation and arbitration information related to motor vehicle emissions.

If the information specified in the preceding paragraph changes, the motor vehicle manufacturer shall re-report it within 20 working days from the date of the change.

　　Operators and parts manufacturers information report.

Motor vehicle operators and manufacturers of emission components shall report to the State Administration of Market Supervision and inform the motor vehicle manufacturers if they discover that a motor vehicle may have emissions hazards.

　　The two departments work together to investigate

　　Strengthen pollution prevention and supervision

　　It is understood that since the implementation of the Air Pollution Prevention and Control Law on January 1, 2016, my country has implemented emission recalls 6 times, involving 5,164 vehicles, involving brands including Volkswagen, Mercedes-Benz, Subaru, BMW and UFOs, and involving components including catalytic converters. , Fuel filling pipe hose, etc.

　　Among them, the first emission recall affected by the competent authority was implemented on January 26, 2017. Volkswagen (China) Sales Co., Ltd. recalled part of the imported Tuwei and Magotan in accordance with the former AQSIQ 2015 No. 2 Risk Warning Notice. 1950 series cars.

Due to the installation of specific engine control module software on the vehicles within the scope of the recall, the exhaust emission test values ​​of some vehicles will be different during laboratory testing and actual road driving.

　　The first emission recall initiated by a company was on July 31, 2019, when Mercedes-Benz (China) Automobile Sales Co., Ltd. recalled some imported GLE SUVs and GLS SUVs, a total of 308 vehicles.

Vehicles within the scope of the recall have mixed exhaust catalytic converters, resulting in failure to meet the requirements of motor vehicle emission standards and on-board diagnostic systems, which may cause the on-board diagnostic system to alarm.

　　The first recall issued by the State Administration of Market Supervision and the Ministry of Ecology and Environment was on August 28, 2020, when Zhejiang Feida Automobile Manufacturing Co., Ltd. recalled some of the Altchi series trucks, a total of 458 vehicles.

Vehicles within the scope of the recall have problems with the calibration of the OBD system (on-board emission self-diagnostic system) due to the diesel engine fitted, which leads to the risk of excessive emissions.

　　To this end, the "Regulations" combined the technical expertise of the State Administration of Market Supervision and the Ministry of Ecology and Environment, and clarified the division of responsibilities of the environmental protection recall meeting mechanism stipulated in the Air Pollution Prevention and Control Law:

　　The ecological environment department above the municipal level is responsible for collecting and analyzing motor vehicle emission inspection and testing information, pollution control technology information, and emission complaint and reporting information, and report information that may be related to emission risks to the Ministry of Ecology and Environment, and strengthen information with the General Administration of Market Supervision. shared.

The General Administration of Market Supervision is responsible for establishing a motor vehicle emission recall information system, accepting the report of the manufacturer's recall plan, publishing the recall information to the public, and conducting information and technical consultations with the Ministry of Ecology and Environment, defect investigation and identification, supervision of the implementation of the recall, and effect evaluation , Order a recall and other work.

When necessary, the next-level administrative agencies of the two departments may be entrusted to undertake the related work of supervision and management of motor vehicle emission recall in their administrative areas.

The technical institutions of the two departments are entrusted to undertake the technical work of the emission recall.

　　According to the "Regulations", if the Ministry of Ecology and Environment finds that motor vehicles may have emission hazards during the supervision and inspection of air pollution prevention and control, the State Administration of Market Supervision and the Ministry of Ecology and Environment can conduct investigations on motor vehicle manufacturers and, if necessary, produce emission parts. Investigators.

If the motor vehicle has not completed the emission recall, the motor vehicle emission inspection agency shall remind the owner of the motor vehicle during the emission inspection and monitoring.

　　The interviewed experts believe that the "Regulations" innovatively proposes that emission recalls should be linked with motor vehicle emission supervision and inspections and emission inspections, and urge producers to cooperate in emission hazard investigations, and vehicle owners to actively cooperate in completing the recalls to effectively reduce emissions.