Semarnat presents draft standard to reduce CO2 emissions in new cars

19 July 2023

On June 9, 2023, the Mexican Ministry of Environment and Natural Resources (hereinafter “SEMARNAT” for its acronym in Spanish) in collaboration with the Mexican Association of the Automotive Industry, A.C., published a draft Mexican Official Standard called NOM-163- SEMARNAT-SCFI-2023 (hereinafter the “NOM” for its acronym in Spanish) in the Federal Official Gazette (“DOF” for its acronym in Spanish). This NOM will be applicable to new vehicles with a gross weight between 400kg and 3,857kg that use gasoline, diesel, alternative fuels, and vehicles whose motorization is hybrid of any specification.

The NOM aims to implement a methodology and parameters for the calculation of the target average carbon dioxide emissions expressed in grams of carbon dioxide per kilometer (g CO2/km).

The new project specifications will not apply to vehicles intended for circulation in airports, racetracks or go-karts, or other similar means of transportation; vehicles for agricultural work, desert, mountain, railways, beaches; tractors, motorcycles, industrial machinery for construction or mining and vehicles with a gross weight of less than 400kg.

Implementations

This project proposes to provide credits with the objective of incentivizing the implementation of fuel-efficient technologies to reduce CO2 emissions. Should it be necessary to manufacture a version of a new motor vehicle that maintains the same technical specifications of the powertrain of a previously certified vehicle, it will be possible to present the emissions tests of the model in question if evidence is presented that they have the same powertrain.

The Federal Attorney’s Office for Environmental Protection (hereinafter “PROFEPA” for its acronym in Spanish) will carry out the evaluations of these new implementations and parameters, otherwise it will be carried out by an inspection unit approved by PROFEPA and accredited to perform such tasks.

Conclusions

Upon publication in the DOF and entry into force (180 days from the date of publication) this standard will cancel NOM-163-SEMARNAT- ENER-SCFI-2013. SEMARNAT will perform an evaluation of the cost per ton of carbon used and depending on the results it will be possible to update this standard with a deadline of June 30, 2025, to modify it.

In light of the above, in Bravo Abogados we would be happy to answer any question you may have regarding this legal alert.

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www.j-bravo.com
Blvd. Antonio L. Rodríguez 3000, Colonia Santa María, 5to piso, Interior 501 Torre Albia, C.P. 64650 Mty, N.L., México T.

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