1. Strengthening corporate responsibility for quality and safety: Enterprises must follow the Technical Guidelines (Annex 1), build appropriate capabilities, and conduct adequate testing and validation for both products and OTA activities. System boundaries and safety response mechanisms must be clearly defined, with reasonable control strategies in place.
2. Refining product access and recall mechanisms: New technical parameters related to driving assistance systems and OTA upgrades will be added to vehicle type approval documents. These will be included in MIIT’s access and conformity assessment and filed with SAMR to support defect investigations and recalls. Enterprises must submit accurate technical data and validation materials. Products already approved must supplement this information by June 1, 2025.
3. Advancing product sandbox supervision: Enterprises must submit deep testing and safety risk assessment plans to SAMR after gaining production access. SAMR will guide testing, safety issue identification, and standards improvement for enhanced safety performance.
4. Establishing incident and accident reporting mechanisms: Enterprises must report failures or accidents related to driving assistance functions. MIIT and SAMR will analyze the reports and adjust access requirements and standards accordingly.
5. Promoting a certification framework: Voluntary certifications in areas such as data security, cybersecurity, and functional safety are encouraged. Mandatory national standards will be gradually incorporated into compulsory product certification.
6. Supervising OTA activities: Enterprises must file OTA upgrades with both authorities and ensure compliance with laws and standards post-upgrade. Upgrades involving major technical parameters or autonomous driving functions require prior approval. OTA upgrades addressing defects must follow recall regulations.
7. Enhancing regulatory coordination: MIIT and SAMR will establish a shared information mechanism for OTA upgrade filings, and promote joint oversight and mutual access to OTA-related information.
8. Ensuring implementation and accountability: Enterprises must ensure product conformity, cybersecurity, data protection, and compliance with OTA requirements. False reporting or failure to declare will be penalized.
9. Reinforcing oversight and technical support: Local authorities must supervise implementation, and support defect and accident investigations. MIIT and SAMR will also enhance technical capabilities for new parameter analysis, incident monitoring, and standards development.
This notice takes effect upon issuance and includes three annexes: technical guidelines, updated technical parameters, and key contents for incident/accident reporting.
Impact Analysis on the EU Automotive Industry
1. Tighter Entry and Compliance Requirements
China is strengthening the market access regime for ICVs, especially those equipped with Level 2+ driving assistance systems and OTA upgrade capabilities. For EU OEMs and component suppliers:
Implication: EU manufacturers must ensure their systems comply not only with basic functional requirements but also with extended safety, cybersecurity, and conformity documentation, including:
Expanded technical parameter reporting
Functional safety validation reports
Possibly self-declared conformity reports where no Chinese standards exist
Action Point: EU firms must align development and documentation practices with Chinese-specific access requirements, including those not yet covered by international or EU standards.
2. OTA Upgrade Regulation as a Market Access Barrier
The policy imposes strict controls on OTA activities, especially upgrades involving autonomous functions or key technical parameters:
Implication: EU brands offering OTA-enabled features (e.g., Tesla, BMW, Mercedes-Benz) must now:
File pre-upgrade notifications with MIIT and SAMR
Seek change approvals for OTA updates affecting key parameters
Ensure post-upgrade products continue to meet conformity and don’t sidestep recall obligations
Risk: Any misstep in OTA file management or change approval could lead to regulatory penalties, blocked updates, or even product recalls.
3. Enhanced Accident & Incident Reporting Obligations
EU manufacturers must report failures or accidents related to driving assistance system malfunctions or vehicle crashes involving these systems.
Implication: This introduces operational and legal complexity, as reporting must be prompt and detailed, potentially exposing companies to:
Investigations or recalls
Standard or access requirement revisions
Public or media scrutiny, especially in high-profile incidents
Challenge: EU companies need dedicated compliance teams in China to monitor, assess, and respond to incident triggers in real time.
4. Certification and Standard Alignment Pressure
The notice encourages the creation of a China-specific voluntary certification system for ICVs (covering data, network, and functional safety) and sets the stage for these to become mandatory.
Implication: EU firms may be required to undergo China-specific certification (on top of UNECE or EU Type Approval). The divergence may:
Increase testing costs
Create delays in new model launches
Encourage reliance on local testing or certification bodies
Opportunity: Early engagement with Chinese certification trends can help EU players influence or co-develop voluntary schemes, similar to how some EU companies contributed to UNECE WP.29 regulations.
5. Acceleration of “Technical Decoupling” Risks
Although China refers to global standards where possible, the increased use of self-declared conformity, technical sandboxes, and China-only testing programs may increase the regulatory gap with the EU.
Implication: The EU industry faces:
Higher costs for dual compliance (China vs EU)
Increased IP protection risks in localized testing
Possible pressure to localize design, R&D, and validation in China
Strategic Response: Closer cooperation with EU-China working groups on automotive regulation and standardization will be critical to avoid long-term fragmentation.
Recommendations for EU Industry Stakeholders
Track policy implementation timelines (especially June 1, 2025, and beyond).
Engage early with MIIT and SAMR through chambers or technical alliances to clarify grey zones.
Strengthen local compliance infrastructure (e.g., localized type approval, OTA process audits).
Coordinate through ACEA, CLEPA, or national automotive platforms to advocate mutual recognition mechanisms or co-certification frameworks.
