Law No. 8.723/1993
Provides for the reduction of pollutants emissions from road vehicles and gives other measures.
Official Gazette (D.O.U.) of 10.29.1993.
The President of the Republic
I hereby inform that the National Congress determines and I sanction the following Law:
Art. 1 As an integral part of the National Environmental Policy, the engines and vehicles manufacturers and the fuels manufacturers are obligated to take the necessary measures to reduce the emission levels of carbon monoxide, nitrogen oxides, hydrocarbons, alcohols and aldehydes, soot, particulate material and other pollutant compounds in the vehicles commercialized in the country, matching them to the limits set forth in this Law and observing, also, the timeframes set forth therein.
Art. 2 The limits and timeframes referred to in the previous article are:
I – (void)
II – for the light vehicles manufactured from January 1st , 1997, the limits for exhaust gases emission levels are:
a) 2.0 g/km of carbon monoxide (CO);
b) 0.3 g/km of hydrocarbons (HC);
c) 0.6 g/km of nitrogen oxides (NOx);
d) 0.03 g/km of aldehydes (CHO);
e) 0.05 g/km of particles, in the event of vehicles of the Diesel Cycle;
f) half per cent of carbon monoxide (CO) in idle speed.
III – (void)
IV – the heavy duty vehicles of the Otto-cycle engine shall observe the exhaust gases emission levels according to the limits and schedules to be defined by the National Environment Council – CONAMA.
§2 – Safeguarding the technical criteria of Brazilian Institute of Environment and Renewable Natural Resources (IBAMA), the use of seals in the adjustable devices of the fuel feeding system is mandatory.
§3 – All the non-turbocharged heavy duty vehicles must present null emission of the crank case gases, and the other heavy duty vehicles must observe the provisions in effect of the NATIONAL ENVIRONMENT COUNCIL – CONAMA, which regulate the matter.
§4 – Eighty per cent of the totality of heavy duty vehicles of the Diesel Cycle commercialized by national manufacturers shall have the maximum levels of exhaust gases emission reduced, in two steps, according to the limits and schedules specified below:
I – from January 1st , 1996:
a) 4.9 g/kWh of carbon monoxide (CO);
b) 1.23 g/kWh of hydrocarbons (HC);
c) 9.0 g/kWh of nitrogen oxides (NOx);
d) 0.7 g/kWh of particles for engines with up to 85 kW of power;
e) 0.4 g/kWh of particles for engines with more than 85 kW of power.
II – from January 1st , 2000:
a) 4.0 g/kWh of carbon monoxide (CO);
b) 1.1 g/kWh of hydrocarbons (HC);
c) 7.0 g/kWh of nitrogen oxides (NOx);
d) 0.15 g/kWh of particles, at the NATIONAL ENVIRONMENT COUNCIL – CONAMA discretion, until the end of 1994, due to its technical feasibility.
§5 – For urban buses, the steps set forth in the previous paragraph are anticipated in two years, not applying, however, the limits set forth in item I, d and e, of the previous paragraph of this item.
§6 – From January 1 st , 2002, the totality of heavy duty vehicles of the Diesel Cycle commercialized in Brazil will meet the same limits of exhaust gases emission defined in the §4 of this article.
§7 – For light vehicles of the Otto-cycle engine manufactured from January 1 st , 1992, when not derived from automobiles and classified as utility vehicles, mixed use trucks or goods vehicles, the exhaust gases emission limits are the following, effective from December 31 st , 1996:
a) 24.0 g/km of carbon monoxide (CO);
b) 2.1 g/km of hydrocarbons (HC);
c) 2.0 g/km of nitrogen oxides (NOx);
d) 0.15 g/km of aldehydes (CHO);
e) three per cent of carbon monoxide (CO) in idle speed.
§ 8 – The light vehicles of the Diesel Cycle manufactured from January 1st , 1992, when not derived from automobiles and classified as utility vehicles, mixed use trucks or goods vehicles, may, depending on the technical features of the engine, defined by the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA), meet the limits set forth for heavy duty vehicles.
§9 – The supplementations and changes of this article shall be established by the NATIONAL ENVIRONMENT COUNCIL – CONAMA.
Art. 3 The competent bodies to establish procedures for test, measurement, certification, licensing and evaluation of the vehicles, as well as all the supplementary measures regarding the control of pollutants
by automotive vehicles are, the NATIONAL ENVIRONMENT COUNCIL – CONAMA and the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA), pursuant to the Air Pollution Control Program by Motor Vehicles (PROCONVE), observing the metrological system in effect in the Country.
Art. 4 The imported vehicles are obligated meet the same emission limits and other requirements established in the totality of their sales in the national market.
Art. 5 Only the automotive vehicles that have the LCVM – License for Using the Vehicles or Engine Configuration, issued by the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) can be commercialized.
Art. 6 The vehicles and engines, new or used, which go through changes or conversion, are obligated to observe the same limits and requirements foreseen in this Law, and the entity that executed the changes and the vehicle’s owner shall be responsible to observing the environmental requirements in effect.
Art. 7 The entities responsible for the power policy, specification, production, distribution and quality control of fuels are obligated to provide commercial fuels, from the date of implementation of the limits set forth by this Law, and reference for approval, certification and development tests, with a minimum advance of thirty six months from the beginning of their commercialization.
Sole paragraph. For fulfillment of this Law, the entities responsible for the import of fuels shall allow the vehicles and engines manufacturers to import up to fifty thousand liters/year of reference diesel oil, for appropriate emission tests for each step, according to the specifications mentioned in the attachment of this Law.
Art. 8 (void)
Art. 9 The percentage for the addition of anhydrous ethanol fuel to the gasoline throughout the national territory is set in twenty two per cent.
§1 – The Executive Power may increase the aforementioned percentage up to the limit of twenty five per cent or reduce it to twenty per cent.
§2 – The variation of one percentage point, up or down, shall be allowed in the determination of the percentages mentioned in this article.
Sole paragraph. There may be a variation of up to one percent, up or down, in the percentage set forth in the caput of this article.
Art. 10 (void).
Art. 11 The use of automotive fuels classified by the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) as low pollutant potential shall be stimulated and prioritized, especially in the metropolitan areas.
Art. 12. The state and city governments are hereby authorized to establish through specific plans, rules and additional measures for air pollution control for automotive vehicles in circulation, pursuant to the requirements of PROCONVE and their supplementary measures.
§1 – The plans mentioned in the caption of this article are essential in gradually more restrictive actions, establishing orientation to the user regarding the rules and procedures for the maintenance of vehicles and establishing processes and procedures for periodic inspection and surveillance of emissions by vehicles under circulation.
§2 – The cities with total fleet equal or over three million vehicles may implement their own periodic inspection programs for emissions by vehicles under circulation, being the city Public Power responsible, in the development of its respective programs, for establishing differentiated processes and procedures, as well as more restrictive limits and frequencies, due to the local level of air commitment.
§3 – The state and city programs for periodic inspection of emissions by vehicles in circulation must be harmonized according to the Conama resolutions, with the vehicle safety inspection program, to be implemented by the Federal Government, through Contran and Denatran, except for the legal consolidated situations.
Sole paragraph. The plans mentioned in the caption of this article shall be based on gradually more restrictive actions, establishing orientation to the user regarding the rules and procedures for the maintenance of vehicles and establishing processes and procedures for periodic inspection and surveillance of emissions by vehicles under circulation.
Art. 13 The technical assistance networks related to the manufacturers of engines, motor vehicles and power systems, ignition and emission control for vehicles are required, within eighteen months from the publication of this Law, provided, on a permanent basis with equipment and skilled staff, according to the recommendations of environmental agencies responsible for carrying out diagnostic services, engines adjustment and emission control systems in line with the PROCONVE objectives and its complementary measures.
§1 – The automobile manufacturers are required to disclose to the dealers and distributors the specifications and technical information required for the diagnosis and adjustment of the engine, its major components and
pollutants emission control systems.
§2 – The automobile manufacturers are required to disclose to the consumers the specifications of use, security and maintenance of the vehicles in circulation.
Art. 14. Due to the local traffic and air pollution characteristics, the transit and transportation environmental agencies shall plan and implement measures to reduce vehicle traffic, redirecting traffic and review of the transport system, with the goal of reducing global emissions of pollutants.
Sole paragraph. The plans and measures referred to in the caption of this article will encourage the use of public transport, especially the low pollution potential modalities.
Art. 15. The government environmental departments at federal, state and local level, from the publication of this Law, shall monitor the quality of atmospheric air and shall set guidelines and programs for its control, especially in urban centers with population over five hundred thousand inhabitants and in remote areas under the direct influence of these regions.
Sole paragraph. The periodic measurements shall be performed at determined points and strategically located so as to enable the correct characterization of the conditions of air pollution present.
Art. 16. (Void).
Art. 17. This Law shall enter into force on the date of its publication.
Art. 18. All provisions in contrary shall be revoked.
Itamar Franco – President of the Republic
Rubens Ricupero – Environment Ministry