Area: Poslovni SOS
Competent authority: MGRT, MJU, MzI
EZU URL: .nan
Initiative ID: 545
Initiative accepted and completed: '2015-04-24'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-04-10'
Initiative published: '2015-04-10'
Initiative submitted: '2015-04-10'
Response from the competent authority: 'MJU Note: We have also forwarded the user''s
  communication to the Ministry of Economic Development and Technology and the Ministry
  of Infrastructure for their consideration, position and suggestions for the possible
  elimination of the regulation/practice in the light of the EU regulations governing
  the subject area and also from a consumer protection point of view. We have received
  responses from all authorities.The INSPECTORATE FOR THE PUBLIC SECTOR has forwarded
  to us for information a response to the user''s petition, in which the competent
  authorities were asked on 15.4.2015 for an explanation as to the lack of competence
  of the authority to deal with the customer''s complaint and the other allegations
  in the complaint, and forwarded this letter to the user for information.RESPONSE
  FROM THE MINISTRY OF ECONOMIC DEVELOPMENT AND TECHNOLOGY (Directorate for Internal
  Market, Products and Commodity Reserves Division). According to the applicant, the
  problem is a known factory defect - spring failure on the double mass flywheel,
  which is also supplied by the same sub-supplier to Volkswagen, Audi, Seat, Skoda
  and Citroen. The defect was brought to the attention of the repairer, who referred
  the case to the importer, arguing that the vehicle in question had not been regularly
  serviced by an authorised repairer after the expiry of the two-year warranty period.
  The user lodged a complaint with the Market Inspectorate of the Republic of Slovenia
  (TIRS). TIRS requested clarifications from the Peugeot Slovenia d.o.o. dealer regarding
  the two-mass flywheel. The representative replied that no recall action had been
  initiated by the manufacturer for the replacement of the double mass flywheel on
  the Peugeot vehicle type *. TIRS has checked, via its RAPEX contact point, possible
  recalls for the Peugeot type* from 2006 to 2013 and has found that there has been
  no recall in Europe for the replacement of the double mass flywheel for this vehicle
  type. However, recalls have been carried out for individual Seat, Audi, Skoda and
  Volkswagen vehicle types, insofar as they were fitted with a Luk clutch. Therefore,
  it has not been proven that the user''s vehicle has the same defect as the above-mentioned
  recalled vehicle types. The recall of vehicles in the Republic of Slovenia is the
  responsibility of the Infrastructure Inspectorate of the Republic of Slovenia, not
  of TIRS or any other inspectorate. As the user''s vehicle is already 9 years old,
  the time limits for determining material defects and invoking the warranty have
  already expired. Therefore, the Ministry considers that it is not in a position
  to take action in this case. RESPONSE OF THE MINISTRY OF INFRASTRUCTURE (Directorate
  for Transport): If a vehicle manufacturer finds that a vehicle or a part of a vehicle
  manufactured by that manufacturer poses a serious risk to road safety, health or
  the protection of the environment, it is obliged to immediately carry out a recall
  procedure for a batch of vehicles of an approved type or parts of such vehicles.
  These provisions are found both in EU legislation and in our national legislation,
  more specifically in Article 13 of the Motor Vehicles Act (Official Journal of the
  Republic of Slovenia, No 106/10 and 23/15), and sanctions are foreseen if the manufacturer
  fails to do so. The control of these procedures is carried out by the Inspectorate
  of Infrastructure of the Republic of Slovenia. The manufacturer of the vehicle or
  part of the vehicle (or its representative in our country) obtains from our Ministry,
  on the basis of the relevant documentation in accordance with Article 64 of the
  Law, information from the register of registered vehicles as to which person is
  the owner or holder of other rights on the particular vehicle and then carries out
  the recall procedures. This means that it writes to the owners or other right holders
  of the vehicles to bring the vehicles to their workshops to have the defect in the
  vehicle rectified. These procedures have been under way in our Ministry since 2011,
  with the Ministry taking over responsibility, and last year around 170 data release
  orders were issued to manufacturers or their agents.'
Text file: 545.txt
Title: Inspection notification
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=545
