New Chinese vehicle recall regulation
The State Administration for Market Regulation and the Ministry of Ecology and Environment recently issued the “Regulations on the Management of Motor Vehicle Emissions Recalls.”
The aim of the new regulation is to standardize the recall of motor vehicles in case of emissions hazards. “Emission hazards” are defined as “the situation that generally exists in the same batch, model or category of motor vehicles that do not meet the national air pollutant emission standards due to design, production defects or non-compliance with the specified environmental protection durability requirements”.
Among others, motor vehicle producers are obliged to report the following information in a timely manner through the motor vehicle emission recall information system:
(1) The name and warranty period information of emission parts;
(2) Abnormal failure maintenance information and failure cause analysis report of emission parts;
(3) Information such as notifications and announcements of technical services such as maintenance and remote upgrades related to motor vehicle emissions;
(4) In-use compliance inspection information of motor vehicles;
(5) Litigation, arbitration and other information related to motor vehicle emissions;
(6) Information on motor vehicle emission recalls implemented outside the People’s Republic of China;
(7) Other information related to motor vehicle emissions that needs to be reported.
The new Regulation is formulated in accordance with the “Law of the People’s Republic of China on the Prevention and Control of Air Pollution”. It is coming into force on the 1 July 2021.