By Decree No. 362/022 (dated November 8, 2022), modifications were introduced to the regime established for mobile (or vehicular) sources.

What changes does the new Decree introduce?

Marketing of motor vehicles.

The new Decree maintains the prohibition on importing motor vehicles that do not meet the established emission standards, or that are not duly approved, as of May 13, 2023.

However, the term for the entry into force of the prohibition to market those zero kilometer motor vehicles that do not meet the same conditions required for importation is extended by one year.

Therefore, the marketing ban will come into force on May 13, 2024.

Homologation of vehicles.

The new Decree establishes that those zero kilometer vehicles that have homologation: (i) granted by the Ministry of Transport and Public Works or by the Ministry of Industry, Energy and Mining, as appropriate, (ii) valid at the date of date of entry into force of the aforementioned prohibitions for importation and commercialization (May 13, 2023 and May 13, 2024 respectively). 

Although the new Decree provides that the aforementioned approvals will remain valid for the term granted therein, said term may not exceed 2 years from the date of issue of the approval.

Exceptions.

The new Decree clarifies that the emission standards provided for mobile sources (previous Decree erroneously referred to fixed sources) do not extend to vehicles that are in circulation as of May 13, 2023, nor to vehicles that enter the country on a regular basis. transitory (eg for competitions, exhibitions or for experimental projects).

In order for the exceptions regime to be applicable, authorization from the Ministry of the Environment will be required in all cases.

Regulatory Compliance.

Finally, the new Decree adds that the Ministry of the Environment (in coordination with the Ministry of Transport and Public Works and the Ministry of Industry, Energy and Mining), will prepare the necessary instructions for the approval of vehicles and the verification of compliance with established standards, providing for the power to establish a vehicle labeling system.