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

Mexico City, June 20, 2023.

On June 9th, 2023, the “Project of Official Mexican Standard PROY-NOM-163-SEMARNAT-SCFI-2023, Carbon dioxide (CO2) emissions coming from the exhaust, applicable to new motor vehicles with a gross vehicle weight of up to 3,857 kilograms” (“PROJECT”) was published in the Federal Official Gazette.

Scope of Application

Unlike NOM-163-SEMARNAT-ENER-SCFI-2013 «Carbon Dioxide (CO2) emissions coming from the exhaust and its equivalence in terms of fuel efficiency, applicable to new motor vehicles with a gross vehicle weight up to 3,857 kilograms» («NOM» for its Spanish acronym), the PROJECT will be applicable to new motor vehicles with a gross vehicle weight between 400 and 3,857 kilograms that use gasoline, diesel or alternative fuels, or if they are hybrid, plug-in hybrid, electric, extended range electric or fuel cell vehicles, whose model year is prior to 2028 and that are commercialized in Mexico.

Any legal entity, either manufacturer or importer that makes the first sale of a new motor vehicle in Mexican territory («CORPORATE»), must comply with the provisions of the PROJECT once approved, except (i) when the CORPORATE commercializes between 1 and 500 units 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.

Significant changes

  • Applicability to hybrid, plug-in hybrid, electric, extended range electric or fuel cell vehicles, whose model year is prior to 2028 and that are commercialized in Mexico.
  • The possibility of using the TAE Methodology (highly efficient technologies methodology) for this type of vehicles is included, which is based on applying multipliers to the maximum quota of 50% of the sales of the vehicles.
  • The obligation of the CORPORATE to submit Annual Information Reports is included, which must contain the technical characteristics and emissions of the vehicles of a specific model year in accordance with the PROJECT and must be delivered in accordance with the dates indicated therein.
  • The conformity assessment of the PROJECT, in addition to being carried out before the Federal Government´s Environmental Protection Agency in Mexico («PROFEPA»), who will continue to issue the NOM Certificates, may now also be carried out through accredited inspection units, which will issue a Compliance Report.
  • In the event that the resulting positive differences (credits) are obtained and the CORPORATE wishes to transfer all or part of them, the PROJECT contemplates a procedure before PROFEPA for their transfer, as well as for their acquisition in the case of loss-making COPRPORATIVES.
  • A Compensation Mechanism before PROFEPA and the Ministry of Environment and Natural Resources (“SEMARNAT”) is included, in the event that the CORPORATE obtains a negative balance of emissions and once the credit transfer procedure has been exhausted.

Entry into force

The PROJECT will become effective 180 calendar days starting from the day following its publication in the Federal Official Gazette, i.e. December 6th of this year, and once the above occurs, 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 (GVW) are disclosed: (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) 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 2018 «.

The lawyers of the environmental area of the firm are at your service to attend any matter related to the above.

Lic. Juan Carlos Serra

serra@basham.com.mx

Lic. Jesús Colunga

jcolunga@basham.com.mx

Lic. Carolina Nogal

cnogal@basham.com.mx

Lic. Catalina Flores

cflores@basham.com.mx