The AQSIQ website issued a notice to publicly solicit opinions on the "Implementation Measures for the Management of Defective Automobile Product Recalls (Draft for Comment)". It is worth noting that, in comparison with the Regulations on the Management of Defective Automobile Product Recalls (hereinafter referred to as the “Regulationsâ€), which was implemented on January 1, 2013, the draft of the consultation draft is in addition to the product recall of the producers and operators of automobile products. In addition to the corresponding responsibilities and obligations, the first time explicitly included the parts and components producers into the content specified in the product recall management measures.
For example, in the investigation of defects organized by the General Administration of Quality Supervision, Inspection and Quarantine, the "Regulations" stipulate that: the product quality supervision department of the State Council conducts defect investigations, and may enter the production and operation sites of producers and operators to conduct on-the-spot investigations, and inspect and copy relevant materials and records. Relevant units and individuals understand the possible defects of automotive products. The defect investigation objects involved only the producers and operators.
The draft of the Exposure Draft stipulates that the AQSIQ and the entrusted provincial quality inspection department conduct defect investigations and can enter the production and operation sites of producers, operators and parts producers for on-site investigation. Compared with the "Regulations", on the basis of "producers and operators", "parts producers" have been newly added.
Parts producers may be fined 30,000 without investigation
Another highlight of this opinion draft is that “producers should establish and improve the traceability information management system for automobile products, ensure that the recall scope of defective automobile products can be determined in time and notify the owner.†Therefore, the opinion draft is in the penalty. It is proposed that if there are five violations of the regulations by the producer and those that have not been corrected within the time limit, they will be fined between 10,000 yuan and 30,000 yuan.
The five situations are: failing to update the record information on time; failing to submit the survey analysis results on time; failing to save the recall record of the automobile product as required; failing to issue the defective car product information and recall information as required; failing to notify the recall plan Parts producers.
At the same time, in response to the producers of parts and components, the opinion draft specifically states that if the parts and components producers do not cooperate with the defect investigation in violation of the provisions of these Measures, they shall be ordered to make corrections within a time limit; if they fail to make corrections within the time limit, they shall be fined not less than 10,000 yuan but not more than 30,000 yuan.
Producer arbitration and litigation information must be filed
In terms of information management, the opinion draft details the information on the design, manufacture, identification and inspection of the automobile products that the producer should keep. These include: automotive product design, manufacturing, labeling, inspection related documents and quality control information; automotive product parts manufacturers and parts design, manufacturing, inspection information; automotive product production batches and technical changes; other relevant information .
In addition, the producer should also save the owner information of the car owner's name, valid ID number, mailing address, contact number, e-mail address, date of purchase, vehicle identification code, etc.
According to the opinion draft, the producer should also report to the General Administration of Quality Supervision, Inspection and Quarantine the following information: arbitration and litigation information related to automobile product safety; information on bulletin and announcement of automobile product technical service.
An objection to the recall can organize a hearing
The opinion draft has also been fully considered for the rights of auto producers. The draft of the opinion is intended to be clear. If the AQSIQ investigation considers that there is a defect in the automobile product, it shall issue a notice of recall of the defective automobile product to the producer to notify the producer to implement the recall. If the producer believes that there is no defect in the automobile product, he may submit a written objection to the AQSIQ within 15 working days from the date of receipt of the notice of the recall of the defective automobile product, and submit relevant supporting materials.
The opinion draft pointed out that if the producer raises an objection within 15 working days, the AQSIQ shall organize the experts who have no interest in the producer to demonstrate the evidence submitted by the producer; if necessary, the AQSIQ may organize the automobile product. Conduct technical testing or appraisal; if the producer applies for a hearing or the General Administration of Quality Supervision, Inspection and Quarantine considers it necessary to organize a hearing according to the needs of the work, it may organize a hearing.
The opinion draft requires that if the producer implements the recall, the recall plan shall be formulated in accordance with the provisions of the General Administration of Quality Supervision, Inspection and Quarantine, and within 5 working days from the date of confirmation of defects in the automobile product or within 5 working days from the date of the recall, the General Administration of Quality Supervision, Inspection and Quarantine Filing; at the same time, the operator is notified in an effective manner.
For the “effective wayâ€, the opinion draft is also clearly listed: the producer shall publish the defective automobile product information and publish the defective automobile product in a way that is easily known to the public through newspapers, websites, radio, television, etc. within 5 working days from the date of recalling the plan. The relevant information of the recall shall be implemented within 30 working days by means of a registered letter and other effective means to inform the owner of the defects of the automobile products, the emergency disposal methods to avoid damage and the measures for the producer to eliminate the defects. At the same time, producers should accept public consultation through hotline and online platforms.
Evaluation experts should have no interest in producers
The draft Opinions stipulate that the producer shall keep the recall records of the recalled automobile products for a period of not less than 10 years.
The producer shall submit a recall report to the AQSIQ every three months from the date of the recall. If the AQSIQ has special requirements, the producer shall submit it as required. The producer shall submit a recall summary report to the AQSIQ within 15 working days after the completion of the recall plan.
The opinion draft also stated that the AQSIQ is responsible for supervising the implementation of producer recalls and organizing experts who have no interest in producers to evaluate the effects of eliminating defects.
The deadline for comments is October 30, 2014.
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