Air Quality: Changes in Mobile Sources Regime
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?
A. Commercialization of motor vehicles.
The new Decree maintains the prohibition on importing motor vehicles that do not comply with the established emission standards, or that are not properly homologated, starting from May 13, 2023.
However, the deadline for the entry into force of the prohibition on commercializing in the market those new motor vehicles that do not meet the same conditions required for importation is extended by one year.
Therefore, the prohibition on commercialization will come into effect on May 13, 2024.
B. Vehicle homologation.
The new Decree establishes that new motor vehicles will be considered properly homologated if they 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 on the 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 homologations will remain valid for the period granted in them, such period may not exceed 2 years from the date of issuance of the homologation.
C. Exceptions.
The new Decree clarifies that the emission standards provided for mobile sources (previous Decree erroneously referred to fixed sources) do not apply to vehicles in circulation as of May 13, 2023, or to vehicles entering the country temporarily (e.g. for competitions, exhibitions, or for experimental projects).
To apply the exceptions regime, authorization from the Ministry of Environment will be required in all cases.
D. Compliance with regulations.
Finally, the new Decree adds that the Ministry of Environment (in coordination with the Ministry of Transport and Public Works and the Ministry of Industry, Energy and Mining) will develop the necessary instructions for the homologation of vehicles and the verification of compliance with the established standards, foreseeing the possibility of establishing a vehicle labeling system.
Montevideo, January 26, 2023.
