According to the announcement on July 5th, the Beijing Municipal Environmental Protection Bureau determined that the OBD system function test in the test results of three new cars of the company did not meet the standard requirements and could not be sold as qualified products for emission testing. It is an objective fact that vehicles that do not meet the standards are sold as qualified emission testing vehicles, which belongs to the act of "shoddy" as stipulated in the second paragraph of Article 109 of the Law on the Prevention and Control of Air Pollution in People's Republic of China (PRC).
Accordingly, according to relevant laws and regulations, Beijing Environmental Bureau ordered Jianghuai Automobile to stop production and rectify the illegal acts of shoddy pollution control devices and counterfeit products that passed the emission inspection, confiscate the illegal income of 879,836.54 yuan, and impose a fine of twice the value of the goods169486438+0,600 yuan (the value of the goods is 84,740,800.00 yuan), totaling 654,300 yuan.
Jianghuai Automobile said in the announcement that this spot-check vehicle is a truck product of Beijing 5 emission standard (phase 1), which is only sold in Beijing, with a total of 765 vehicles. With the implementation of Beijing Fifth Emission Standard (Phase II) in September 18, 2008, the product has been discontinued, so it will not affect the normal production and operation of the company. However, JAC said that this fine will be included in the company's 20 19 profit and loss.
Jianghuai Automobile explained that Beijing has implemented the Beijing Five Emission Standards, and the three products of the company in this spot check are all Beijing Five National Card products. According to statistics, the company has sold more than 700 vehicles of the same model in Beijing market, accounting for about 0.29% of the company's truck sales in 20 18.
The defense was dismissed.
On the evening of May 16, JAC announced again that the hearing held by the Beijing Municipal Bureau of Ecology and Environment was held as scheduled. The company attaches great importance to this and carefully analyzes the cause of the problem with the relevant engine manufacturers. At the hearing, the company made a detailed hearing statement and defense in view of the fact that the company did not have the behavior and motivation of shoddy pollution control devices and pretending to be qualified products for emission inspection, which did not meet the corresponding administrative punishment conditions. Jianghuai Automobile said that the final handling opinions still need to wait for the notice of the Beijing Municipal Bureau of Ecology and Environment.
It is understood that Jianghuai Automobile put forward four defense opinions at the hearing. First, the vehicle pollutant emission (PEMS exhaust gas detection) is qualified; Second, it did not violate the provisions of the first paragraph of Article 52 of the Law on the Prevention and Control of Air Pollution in People's Republic of China (PRC); Third, there is no behavior and motivation of "practicing fraud and shoddy" as stipulated in the second paragraph of Article 109 of the Law on the Prevention and Control of Air Pollution in People's Republic of China (PRC), which does not meet the conditions for administrative punishment as stipulated in this article; Fourth, the violation of inspection norms by law enforcement agencies is a procedural violation.
Beijing Environmental Protection Bureau requires JAC to pay the fine with the Letter of Payment for Administrative Punishment within 15 days after receiving the penalty decision. If the fine is not paid within the time limit, a fine of 3% of the fine amount shall be imposed every day. At the same time, the Beijing Municipal Environmental Protection Bureau said that if it refuses to accept the punishment decision, it can apply to the Ministry of Environmental Protection or the Beijing Municipal People's Government for reconsideration within ten days from the date of receiving this punishment decision, or it can directly bring a lawsuit to the Haidian District People's Court within six months. If it fails to apply for administrative reconsideration, bring an administrative lawsuit or perform this punishment decision within the time limit, the Beijing Municipal Environmental Protection Bureau will apply to the people's court for compulsory execution according to law.