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In brief

The Brazilian Institute of Environment and Natural Resources (IBAMA) opened a public consultation regarding a new normative that regulates the control of corporate emissions and the management of pollutant emission credits for the Vehicle Emission Control Program’s L8 phase (“Proconve L8“).

The public consultation is being done in accordance with CONAMA Resolution No. 492/2018, which established the Proconve L7 and L8 phases, and aims to obtain input from stakeholders who will be involved in Proconve L8.


Further details

The public consultation presents the draft of the new normative, considering the need for advances in the control of vehicle emissions. 

Proconve program, instituted by CONAMA Resolution No. 18/1986, has, among others, the following objectives:

  • To reduce the levels of pollutant emissions by automotive vehicles.
  • To promote the national technological development for measurements of pollutant emissions.
  • To create inspection and maintenance programs for motor vehicles.
  • To promote knowledge about air pollution by motor vehicles.
  • To promote improvement in the technical characteristics of available fuels to reduce pollutants emitted.
  • To establish conditions for the evaluation of the results obtained.

Proconve has already passed through a few phases, aiming to reduce the limits of pollutant emissions by light and heavy-duty vehicles in the long term. Currently, CONAMA Resolution No. 490/2018 establishes the Proconve L7 phase (currently in force), which aims to reduce fuel vapor in the atmosphere, and Proconve L8 (in public consultation), which aims to reduce emission of nitrogen oxides.

Proconve L8 phase, which will come into effect as of 1 January 2025, will bring new maximum limits for pollutant emissions in a corporate manner for light commercial and light passenger road vehicles sold in Brazil. In addition, it establishes the generation of pollutant emission credits with the aim to meet the defined emission levels.

Considering that IBAMA is responsible for publishing the procedure regulating the generation, balance and use of pollutant emission credits, it published the normative’s draft regulating the control of corporate emissions and management of emission credits. The purpose of the current public consultation is to collect contributions for the improvement of the proposal, which establishes (i) the obligation to submit to IBAMA a report with data on compliance with corporate emission limits; and (ii) the possibility of generating, compensating and exchanging credits between corporations that manufacture and/or import light passenger vehicles, vehicles with special characteristics for off-road use and light commercial vehicles.

Those interested in offering suggestions for the proposed normative must submit the contribution form by 21 November 2022.

Our Environment, Climate Change and Sustainability team is available to provide further clarifications on the subject.

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. As a Senior Partner, she is the Head of the Environment, Climate Change and Sustainability practice group in Brazil. She coordinates the sustainability initiatives conducted by the office. In the environmental and sustainability area, she coordinates several of the biggest cases of contamination and environmental regularization in the country. Renata provides advice on negotiations with authorities; judicial and administrative litigation; review of environmental aspects of financial institutions and operations; drafting and negotiation of environmental provisions in contracts and other commercial operations. She has vast experience in dealing with environmental management, legal audit and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits. In matters related to Consumer Law, she conducts analysis of aspects of Consumer Law in contracts and commercial transactions, judicial and administrative litigations; works on the negotiated solution of matters related to Consumer Law; celebration of agreements with competent authorities; analysis, planning and supervision of legal aspects of recalls; marketing strategies and campaigns; aspects of Consumer Law in electronic commerce and in matters related to information technology and on the development of preventive policies and strategies for companies. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Giovani Bruno Tomasoni joined the Firm in 2008 and became partner of the Environment, Consumer and Sustainability practice group in 2020. He practices with focus on Environment, Public Law, Energy, Forestry, and helps clients in the internalization of concepts such as sustainability, ESG, circular economy, environmental compliance, among others. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Manuela Demarche joined the Firm in 2017 and is a Senior Associate of the Environment and Sustainability practice group, with focus on Environmental Law, Sustainability, ESG and Climate Change. Manuela Demarche has a wide breadth of experience in matters related to environmental liability and licensing proceedings – especially regarding mitigating and compensatory measures, intervention by interested third parties, risk mitigation and protected areas – and advises clients in relevant cases to the current Brazilian scenario, comprehending consultations, due diligences, administrative and judicial matters related to environmental regularization (air pollution, effluents, solid waste, contaminated lands), circular economy, implementation of take-back requirements and product life-cycle, biodiversity, crisis management and definition of strategies under broad legal focus. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Rafael Gil is an Associate in Trench, Rossi e Watanabe Advogados, Sao Paulo office. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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