BASHAM NEWS

SEMARNAT publishes new draft Mexican Official Standard on vehicle emissions that replaces NOM-163-SEMARNAT-ENER-SCFI-2013.

Mexico City, June 20, 2023.

On June 9, 2023, the "..." was published in the Official Gazette of the Federation.Proyecto de Norma Oficial Mexicana PROY-NOM-163-SEMARNAT-SCFI-2023, Emisiones de bióxido de bióxido de carbono (CO2) from the exhaust, applicable to new motor vehicles of gross vehicle weight up to 3,857 kilograms.". ("PROJECT").

Field of application

Unlike NOM-163-SEMARNAT-ENER-SCFI-2013 "Carbon dioxide (CO2) emissions from exhaust and their equivalence in terms of fuel efficiency, applicable to new motor vehicles of gross vehicle weight up to 3,857 kilograms" ("NOM"), the DRAFT will apply to new motor vehicles of gross vehicle weight between 400 and 3,857 kilograms that use gasoline, diesel or alternative fuels as fuel, or, alternatively, if they are hybrid, plug-in hybrid, electric, extended-range electric or fuel cell vehiclesThe model year of these vehicles is prior to 2028 and they are marketed within the national territory.

Any legal entity, manufacturer or importer that makes the first sale of a new motor vehicle in Mexican territory ("CORPORATE") must comply with the provisions of the DRAFT once approved, except (i) when the CORPORATE sells between 1 and up to 500 units in total per model year; (ii) when the gross vehicle weight is less than 400 kilograms and they are destined exclusively to circulate on delimited paved roads; (iii) those used for agricultural work, mountainous or desert terrain, beaches or railroads; and (iv) motorcycles, agricultural tractors or machinery dedicated to specific activities of the construction and mining industry.

Relevant Changes

  • Applicability to vehicles hybrid, plug-in hybrid, electric, extended range electric or fuel cell electric whose model year is prior to 2028 and which are marketed within the national territory.
  • The possibility of using the TAE Methodology The new quota for this type of vehicles, which is based on applying multipliers to the maximum quota of 50% of the sales of the aforementioned vehicles.
  • The obligation of the CORPORATE to present the following information is included Annual Information Reportswhich shall include the technical and emissions characteristics of vehicles of a specific model year in accordance with the DRAFT and which shall be delivered in accordance with the dates indicated therein.
  • The conformity assessment of the PROJECT can also be performed before the Federal Attorney's Office for Environmental Protection ("PROFEPA") who will continue to issue the NOM CertificatesNow, it can also be done through accredited inspection units, which will issue a Compliance Report.
  • In the event that the resulting positive differences (credits) are obtained and in the event that the CORPORATE wishes to transfer all or part of them, the PROJECT contemplates a procedure before PROFEPA for their transfer. transferas well as for its acquisition in the case of loss-making COPRPORATIVES.
  • A new Compensation Mechanism before PROFEPA and the Ministry of the Environment and Natural Resources, in the event that the CORPORATE obtains a negative balance of emissions and once the credit transfer procedure has been exhausted.

Effective Date

This DRAFT shall enter into force 180 calendar days after the calendar day immediately following the day of its publication in the DOF, i.e., on December 6, 2009 and once the above has occurred, it will cancel: (i) the NOM; (ii) the "Notice through which the parameters for the calculation of carbon dioxide (CO2) emissions in new light motor vehicles with gross vehicle weight not exceeding 3,857 kilograms, which use gasoline or diesel as fuel whose model year is 2017"; and (iii) "Notice by which the parameters for the calculation of carbon dioxide (CO2) emissions in new light motor vehicles with gross vehicle weight not exceeding 3,857 kilograms, which use gasoline or diesel as fuel whose model year is 2018, are disclosed".

Attorneys in the area environmental We remain at your service to attend any matter related to the above. 

Juan Carlos Serra

serra@basham.com.mx

Jesús Colunga

jcolunga@basham.com.mx

Carolina Nogal

cnogal@basham.com.mx

Catalina Flores

cflores@basham.com.mx