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Multiple Framework Contract FWC FPI PSF 2015 Lot 4 “Market Access and Trade & Investment Agreement Negotiation & Implementation” Mapping of applicable technical regulations, conformity assessment procedures and supporting standards in support of EU-Brazil business development DELIVERABLE 2 BRAZIL – AUTOMOTIVE SECTOR A project implemented by Eurosupport Consortium - AESA

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Page 1: Mapping of applicable technical regulations, conformity ... Deliverable 2 vehicles.pdf · 5 iii) International regulations and standards – Although Brazil follows regulations and

Multiple Framework Contract FWC FPI PSF 2015

Lot 4 “Market Access and Trade & Investment Agreement Negotiation &

Implementation”

Mapping of applicable technical

regulations, conformity

assessment procedures and

supporting standards in support

of EU-Brazil business

development

DELIVERABLE 2

BRAZIL – AUTOMOTIVE SECTOR

A project implemented by

Eurosupport Consortium - AESA

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Delegation of the European Union to Brazil

Multiple Framework Contract FWC FPI PSF 2015

Lot 4: “Market Access and Trade & Investment Agreement Negotiation

& Implementation”

Request for Service 2016/379494 Version 1

Mapping of applicable technical regulations, conformity

assessment procedures and supporting standards in support of

EU-Brazil business development

Deliverable 2:

BRAZIL – AUTOMOTIVE SECTOR

May 2018

The Team:

Vera Helena Thorstensen ([email protected]) – Team Leader – TL

Michelle Ratton Sanchez Badin – Senior Expert – SE

Thiago Rodrigues São Marcos Nogueira – Junior Expert – JE

This report was prepared with financial assistance from the European Commission. The views expressed are those of

the consultant and do not necessarily represent any official view of the Commission or the Government of this

Country

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TABLE OF CONTENT

LIST OF TABLES AND FIGURES ......................................................................................................... 2

ACRONYMS ...................................................................................................................................... 3

1. OVERVIEW .................................................................................................................................... 4

2. MAIN AUTHORITIES ...................................................................................................................... 5

3. TECHNICAL REGULATION AND STANDARDS AND SUPPORTING STANDARDS ............................. 5

3.1. Brazilian notifications to the WTO/TBT COMMITTEE ......................................................................... 5

3.2. Regulations on pollution and safety .................................................................................................... 7

4. CONFORMITY ASSESSMENT AND CERTIFICATION ....................................................................... 8

5. MERCOSUL REGULATION ............................................................................................................. 9

6. MAIN GOVERNMENT AND PRIVATE ACTORS.............................................................................. 10

ANNEX ........................................................................................................................................... 10

LIST OF TABLES AND FIGURES

TABLE 1 - BRAZILIAN AUTOMOTIVE INDUSTRY TRADE BALANCE ........................................................... 4

TABLE 2 - AUTOMOTIVE TRADE BETWEEN BRAZIL AND EU........................................................................ 4

TABLE 3 - COMPARING EU OR US TECHNICAL REGULATIONS IN BRAZILIAN REGULATIONS .......... 10

TABLE 4 - LIST OF CERTIFICATION BODIES ACCREDITED BY INMETRO ................................................. 17

TABLE 5 - HOMOLOGATION OF VEHICLE AND AUTO PARTS ...................................................................... 19

FIGURE 1- OBJECTIVES OF THE TECHNICAL REGULATIONS DECLARED TO THE WTO/TBT (TOTAL:

20) ................................................................................................................................................................................. 6

FIGURE 2 - STANDARDS FOLLOWED IN THE TECHNICAL REGULATIONS NOTIFIED TO WTO (TOTAL:

66) ................................................................................................................................................................................. 6

FIGURE 3 - TOTAL OF 47 STANDARDS REFERRED TO IN CONAMA REGULATION ON POLLUTION

(TOTAL: 49) ................................................................................................................................................................. 8

FIGURE 4 - TOTAL OF 35 STANDARDS REFERRED TO IN CONTRAN RESOLUTIONS ON SAFETY

(TOTAL: 35) ................................................................................................................................................................. 8

This is a working document, and hence it represents research in progress. The opinions expressed in this paper are

those of the research team and coordinator. They are not intended to represent the positions or opinions of the

European Union or its members and are without prejudice to members' rights and obligations under the European

Union. Any errors are attributable to the research team and coordinator.

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ACRONYMS

ABEIFA Brazilian Association of Automotive Import Companies and Manufacturers

ABNT Brazilian Association of Technical Standards

ACE Economic Complementation Agreement

ALADI Latin American Integration Association

ALAPA Latin American Association of Tires and Rims

AMN Mercosul Standardization Association

ANA Brazilian Water Agency

ANFAVEA Brazilian Association of Automotive Vehicle Manufactures

ANP Brazilian Agency of Petroleum, Natural Gas and Biofuels

ASTM American Society for Testing and Materials

CADAM Chamber of Automotive and Machinery Distributors

CAMEX Brazil Foreign Trade Chamber

CAP Mercosul Common Automotive Policy

CAT Certificate of Adequacy of Traffic

CEN European Committee for Standardization

CENELEC European Committee for Electrotechnical Standardization

CNI Brazil National Confederation of Industry

CONAMA Brazilian National Environmental Council

CONTRAN Brazilian National Traffic Council

CTN Brazilian Traffic Code

DECEX Department of Foreign Trade Operations, MDIC

DENATRAN Brazilian National Traffic Department

DIN German institute for standardization

EFTA European Free Trade Association

FDI Foreign Direct Investment

FIESP Federation of Industries of the State of São Paulo

FMVSS US Federal Motor Vehicle Safety Standards

FNDCT Brazilian Fund of Scientific and Technological Development

GMC Common Market Group, Mercosul

IEC International Electrotechnical Commission

IAF International Accreditation Forum

IBAMA Brazilian Institute of the Environment and Renewable Natural Resources

IBDF Brazilian Institute for Forest Development

ILAC International Laboratory Accreditation Cooperation

INMETRO Brazilian National Institute of Metrology, Quality and Technology

IPI Brazilian Manufactured Products Tax

ISO International Standardization Organization

LCVM License for Using the Vehicles or Engine Configuration

MDIC Brazil Ministry of Industry, Foreign Trade and Services

MMA Brazil Ministry of Environment

MRA Mutual Recognition Agreement

NM Mercosul Standard

PROCONVE Brazilian Program for the Control of Pollution by Motor Vehicles

PROMOT Brazilian Program for the Control of Pollution by Motorcycles and Similar Vehicles

PRONAR Brazilian National Program for Air Quality Control

RENAVAM Brazilian National Registry of Motor Vehicles

RIEMA Brazilian Internal Regulation of Environmental Emergencies

SDCI Secretariat of Industrial Development and Competitiveness, MDIC

SIEMA Brazilian National Environmental Emergency System

SINDIPEÇAS Brazilian Association of Automotive Components Manufacturers

SUDEPE Brazil Department of Fisheries

SUDHEVEA Brazil Department of Rubber

TBT Technical Barriers to Trade

UNECE United Nations Economic Commission for Europe

WP.29 UN World Forum for Harmonization of Vehicle Regulations

WTO World Trade Organization

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Project Brazil – EU:

Mapping of applicable technical regulations, conformity assessment procedures and supporting

standards in support of EU-Brazil business development

Deliverable 2

BRAZIL – AUTOMOTIVE SECTOR

1. OVERVIEW

Five main approaches could provide a brief overview of the Brazilian automotive sector:

i) Industry - The Brazilian automotive sector has had a strong presence of North American and European

manufacturers since its earliest years; recently, South Korean, Japanese and Chinese manufacturers have

increased their participation in the Brazilian market, becoming relevant influencers in the policymaking

field. The participation of those foreign manufacturers has reflected in the technical regulation trends of

the sector in Brazil. Since the 1990s, Brazilian automotive industry has become more modern and

competitive, due to the increase of foreign direct investments (FDI) supported by sector’s specific

policies. Brazilian automotive industry revenue, in 2015, was of USD 59.1 billion, while FDI (inflow) in

the sector, including the auto-part segment, was of USD 68 billion from 1994 to 20151.

Table 1 Brazilian Automotive Industry Trade Balance

Source: ANFAVEA, 2017, p. 46.

Brazil also holds a trade deficit in the bilateral trade with the European Union for all segments of the

automotive sector.

Table 2 Automotive Trade between Brazil and EU Year Vehicles Auto parts Agricultural

machinery

Highway construction

machinery

Others Total

Exp Imp Exp Imp Exp Imp Exp Imp Exp Imp Exp Imp

2010 562,2 1.397,0 1.935,6 5.689,0 8,0 32,1 73,7 213,5 2,8 27,3 2.582,4 7.359,0

2011 123,8 2.074,7 2.101,9 6.844,8 19,4 35,4 152,5 292,6 5,3 39,9 2.402,9 9.287,3

2012 35,5 1.387,0 1.880,8 6.392,1 14,0 60,2 111,9 341,0 4,9 63,5 2.047,0 8.243,8

2013 63,8 1.759,5 1.947,4 7.738,8 4,1 64,6 59,4 213,5 4,5 73,7 2.079,1 9.850,1

2014 25,5 1.678,6 1.718,1 6.590,7 3,5 45,2 117,0 161,5 3,9 77,6 1.868,0 8.553,6

2015 8,6 1.073,0 1.589,5 4.444,7 1,6 32,9 32,2 53,8 4,1 39,1 1.636,1 5.643,5

Source: ANFAVEA, 2017, p. 48.

ii) Sectorial policies - Automotive sector policies involve at least three main areas: industrial policy,

improving car safety and reduction of pollution emissions. In Brazil, sectorial industrial policies aim to

create adequate conditions for increasing competitiveness in the automotive sector.

1Based on the numbers prepared by Associação Nacional dos Fabricantes de Veículos Automotores. Brazilian

Automotive Industry Yearbook. ANFAVEA. 2017.

Year Vehicles Auto parts

Agricultural

machinery

Highway construction

machinery Others Total

Exp. Imp. Exp. Imp Exp. Imp. Exp. Imp. Exp. Imp. Exp. Imp.

2010 6.909,6 10.869,5 10.691,7 14.855,3 948,7 177,9 1.384,6 1.144,8 1.050,7 116,5 20.985,3 27.164,0

2011 7.656,8 14.709,4 12.537,5 17.999,3 1.048,5 280,8 2.215,1 1507,4 1.323,6 166,9 24.781,4 34.663,8

2012 6.784,6 12.701,3 11.625,5 18.129,0 906,0 483,8 2.258,2 1.658,5 1.155,4 196,2 22.729,7 33.168,9

2013 8.739,5 12.622,1 10.748,4 21.347,0 912,3 228,4 1.864,8 1.258,9 1.162,9 128,9 23.427,9 35.585,4

2014 5.531,7 10.931,3 9.185,0 19.386,8 764,3 219,2 1.956,9 907,5 1.036,5 134,9 18.474,4 31.579,7

2015 5.822,2 7.059,2 8.222,6 14.601,1 500,4 108,2 1.401,6 548,7 924,4 92,2 16.871,1 22.409,3

2016 7.639,1 4.408,2 7.315,3 12.933,9 483,8 77,6 1.432,8 244,9 985,1 107,1 17.856,1 17.771,7

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iii) International regulations and standards – Although Brazil follows regulations and standards

developed by international organizations, e.g. ISO and IEC, also including the UN World Forum for

Harmonization of Vehicle Regulations (WP.29) and the US Federal Motor Vehicle Safety Standard

(FMVSS), it has developed its own regulatory regime based on all the aforementioned organizations and

initiatives. However, Brazil has decided not to fully choose either of the main regulatory frameworks,

whether UNECE or FMVSS, giving room for local particularities in domestic regulation. Influenced by

both of the main regulatory frameworks, the Brazilian regulatory regime could be depicted as an optional

system2 based on technical regulations and standards established by international, regional and foreign

institutions.

iv) Regional integration - Mercosul has not regulated the automotive sector yet, which means that there

is no regional automotive sector regulatory framework. Brazil has thus signed bilateral automotive

agreements with some Latin American countries, which include Mercosul members. For that matter, the

Brazilian government may adopt autonomously the best regulation for the sector. Nonetheless, Mercosul

also adopted a few regulations and standards on car safety and pollution emissions for auto and heavy

vehicles.

2. MAIN AUTHORITIES

The main authorities regulating this sector are: Brazilian National Environmental Council (CONAMA),

the Brazilian Institute of the Environment and Renewable Natural Resources (IBAMA), the Brazilian

National Traffic Council (CONTRAN) and the Brazilian National Institute of Metrology, Quality and

Technology (INMETRO). They are in charge of the main agencies responsible for regulating the

automotive sector with technical regulations and standards related to the reduction of the emission of

pollutants and car safety. The Brazilian Association on Technical Standards (ABNT) is the only non-

governmental body with a relevant role in promoting private and international standards in this area.

3. TECHNICAL REGULATION AND STANDARDS AND SUPPORTING STANDARDS

The analysis hereby provides evidence of the influence of some international regulatory bodies in the

Brazilian regulatory framework. It also reveals that European regulations and standards concerning the

emission of pollutants have appeared quite often.

3.1. Brazilian notifications to the WTO/TBT COMMITTEE

A brief analysis of the profile of technical regulations notified by the Brazilian government to the WTO

under the Agreement on Technical Barriers to Trade (TBT) elucidates the big picture of automobiles

sectorial regulation in the country. All projects of technical regulations that impact international trade,

even if applying international standards, are notified to the WTO. In addition to INMETRO, the national

enquiry point to the WTO/TBT, other entities also notify under the WTO/TBT agreement, mainly

IBAMA and CONTRAN.

From January 1st, 1995 until March 30th, 2017, there were 29 notifications from Brazil, concerning the

Automotive Sector, on TBT. In 2017, twenty of them were still in force. INMETRO3 has traditionally

been by far the main body having technical regulations notified to the WTO, but CONTRAN has been

more active in the last two years.

2 The optional system hereby referred consists of Brazilian authorities giving the option for manufacturers to comply

fully with UNECE or US FMVSS requirements, alternatively. 3 INMETRO has made available to the public a searching tool in which it is possible to search by keywords, date

and number of the technical regulation here.

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The main objectives of the technical regulations notified to the TBT Committee deal with safety issues -

i.e. human safety-, metrology, environment and other topics are of minor relevance. Figure below

registers those numbers:

Figure 1- Objectives of the technical regulations declared to the WTO/TBT (total: 20)

Source: WTO database. Prepared by CGCI-EESP/ FGV (March 2017).

The following figure gives the big picture of the international standards adopted by the Brazilian technical

regulation on auto sector.

Figure 2 - Standards followed in the technical regulations notified to WTO (total: 66)

Source: WTO database. Prepared by CGCI-EESP/ FGV (March 2017).

The standards ABNT NBR correspond to fifty-two percent of the total notified. ABNT standards do not

explicitly endorse any international standard4.

4 A relevant number of technical regulations (especially those on conformity assessment procedures) refer to

supporting standards, usually issued by ABNT, a private body. There are different kinds of supporting standards

issued by ABNT. These standards range from a fully original standard developed under its Standardizing

Committees (CB) to a standard based on international standards, mainly ISO and IEC. Usually (i) if it is a standard

identical to an international standard, it will appear, for example, as ABNT NBR ISO nº XXX; (ii) if it is based on

an international standard, a reference to this international standard will be in the preamble of the standard; and, (iii)

if it is an original standard, it will appear as ABNT NBR nº XXX. ABNT does not provide a list of all international

standards adopted in full or modified by any of its committees. The search tool available requires a keyword search

that goes from product to product at ABNT’s website. ABNT Catalog with all searching tools is available here. In

the same way as CEN, CENELEC, ASTM and other standardizing bodies, the interested party has to pay a fee in

17; 85%

1; 5%

1; 5% 1; 5%

Safety

Human health

Metrology

Environmental protection

3; 5% 2; 3%

2; 3%

34; 52%

1; 2%

5; 8%

1; 2%

2; 3%

3; 5%

1; 2%

1; 2%

1; 2% 3; 5%

3; 5%

1; 2%3; 5%

ASTM

FMVSS

ECE

ABNT NBR

NIE-DINQP

NBR-ISO

ABNT ISO/IEC

ISO

ABNT NBR ISO/IEC

ABNT NBR ISO

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The ISO and ISO/IEC standards have also a relevant role, in comparison to other. The ISO and ISO/IEC

standards are frequently adopted by certain governmental agencies or incorporated to ABNT standards.

UNECE (ECE) and FMVSS were expressly mentioned only in one notification (G/TBT/N/BRA/702,

dated as of 2017), in which they were taken as alternative options by the Brazilian technical regulation.

This does not mean that such standards are not important as a pattern for Brazilian regulation. As

demonstrated in this report, many regulations not reported to WTO are based on European and American

standards.

3.2. Regulations on pollution and safety

The most relevant regulation concerning the control of pollution by motor vehicles is the Brazilian

Program for the Control of Pollution by Motor Vehicles (PROCONVE), edited on May 6, 1986 by

CONAMA Resolution n. 18. PROCONVE defines the first emission limits for light vehicles, which have

to comply with the Air Quality Standards established by PRONAR5, under the IBAMA. In 1993, Brazil

enacted further regulation aiming at the reduction of emissions of pollutants from vehicles, forcing

technological development on fuel use, engine and auto-parts manufacturers, applying to both national

and imported vehicles6.

Considering the 49 standards referred in CONAMA regulation on pollution, 55% are from the Brazilian

Association on Technical Standards (ABNT), 14% from ISO and 12% from European Standards and

Regulations7.

The general provision on car safety is in the Federal Law n. 9.503/1997, which creates the Brazilian

Traffic Code (CTN)8. Article 103 of Federal Law n. 9.503/1997 determines that vehicles may be

transported by road if they comply with the requirements and safety conditions established in the CTN

and CONTRAN standards. CONTRAN shall specify the procedures and periodicity for manufacturers,

importers and assemblers to proof compliance with vehicle safety requirements. They must therefore keep

the results of tests and essays available.

Vehicles in circulation will have to go through inspection from time to time in order to assess their safety

conditions, noise ratio and pollution control emissions, in the form and periodicity established by

CONTRAN for safety items and by CONAMA for emission of pollutant gases and noise ratio.

In relation to the 35 standards referred in CONTRAN Regulation on car safety, 26% are from the ABNT,

23% from European Regulation or UNECE Regulation, 23% from the American Society for Testing and

Materials (ASTM), and 3% from IEC9.

Brazil has developed its own regulatory and standardization policy for the automotive sector. Some of

those technical standards and regulations take partially or fully international organization standards as a

basis. Many of them are taken from UNECE and others taken from the FMVSS. In many cases, for

proving compliance with the requirements of specific Brazilian technical regulations, manufacturers have

the possibility to opt between models that fully comply with UNECE or with the US FMVSS

requirements. This is the reason why Brazil can be defined as having an optional system.

Although Brazil has adopted some standards designed by UNECE, it does not hold a membership with

UNECE. Consequently, it signed neither its 1958 Agreement nor the 1998 Agreement. However, Brazil

order to have granted full access to the content of standards issued by ABNT. The costs vary depending on the

standard. 5 PRONAR: National Programme for Air Quality Control, CONAMA Resolution N. 18/1986. 6 Law N. 8.723/1993. 7 See Figure 3. 8 Law N. 9.503/1997. 9 See Figure 4.

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has participated as an observer in some of the WP.29 meetings. In June 2016, Brazil and Argentina have

convened to analyse further their participation in the WP.29, as part of the implementation of ongoing

bilateral trade negotiations10.

Figure 3 - Standards referred to in CONAMA regulation on pollution (total: 49)

Source: CONAMA/IBAMA. Prepared by CGCI-EESP/ FGV (March 2017).

Figure 4 - Standards referred to in CONTRAN Resolutions on safety (total: 35)

Source: CONAMA/IBAMA. Prepared by CGCI-EESP/ FGV (March 2017).

4. CONFORMITY ASSESSMENT AND CERTIFICATION

In the case of auto-parts, Brazil requires imported and domestic new auto-parts to be certified by

accredited laboratories11.

Brazil may accept certifications issued in other countries and tests approved by foreign institutions,

including the UNECE based ones, in the following cases: i) if the foreign certification body is accredited

by INMETRO; and, ii) if the foreign accreditation body is both a member of the International Laboratory

Accreditation Cooperation (ILAC) and, is signatory of the ILAC Mutual Recognition Arrangement12.

However, there is no guarantee that specific technical regulations of auto parts will be accepted by

CONTRAN if issued by a regulatory body different from INMETRO.

In the case of imported or new vehicles manufactured in Brazil, CONMETRO/INMETRO and

CONAMA/IBAMA are the two ministerial councils and regulatory bodies responsible for regulating and

10 Decree nº 8,797, of June 30, 2016, regarding the implementation of the 42nd. Additional Protocol to the

Economic Complementation Agreement nº 14 (42PA-ACE14). 11 INMETRO is the regulatory agency responsible for accrediting laboratories for certification processes. 12 The list of signatories to ILAC Mutual Recognition Arrangement may be found at: http://ilac.org/ilac-mra-and-

signatories/. Last access: April, 17, 2017.

27; 55%

7; 14%

6; 12%

9; 19%ABNT (Brazilian Association of

Technical Standards )

ISO (International

Standardization Organization)

Europeans Standards and

Regulations

ANP (National Agency of

Petroleum)

1; 3%

8; 23%

9; 26%

8; 23%

7; 20%

2; 5%

International Electrotechnical

Commission (IEC)

American Society for Testing

and Materials (ASTM)

Brazilian Association of

Technical Standards (ABNT

NBR)European Regulation or

UNECE Regulation

Federal Motor Vehicle Safety

Standards (FMVSS)

International Standardization

Organization (ISO)

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issuing standards related to car safety and emissions homologation. The National Telecommunications

Agency (ANATEL) is responsible for radio frequency devices certification. CONTRAN/DENATRAN is

responsible for the whole process of national registration to new-domestic and new-imported vehicles.

Therefore, at the end of the process, it concedes or not the vehicle homologation.

For instance, IBAMA only accepts tests regarding environmental performance as equivalent to domestic

ones if conducted in the presence of IBAMA staff members. In this case, the new vehicle type can receive

IBAMA approval. DENATRAN holds a different procedure for passive safety tests. It may exempt the

importer from the requirement of conducting tests in the presence of DENATRAN/INMETRO staff

members if an ILAC signatory body accredits the foreign laboratory that conducted the tests.

In what concerns other safety requirements, including active ones, the declaration of conformity with the

national legislation and the statement that the company operates a management system that controls the

operations of the laboratories that performed the tests may meet the need for local homologation and

labelling13. The homologation process takes the following steps:

First Step: obtain the LCVM (License for use of Vehicle Configuration or Motor) issued by IBAMA. The

LCVM certifies that the car complies with current environmental regulations14. Motorcycles and similar

vehicles shall complete the same process (License to Use the Configuration of Mopeds, Motorcycles and

Similar). It evaluates two aspects of the vehicle: emission and engine noise levels, which have to be

within the limits established by Brazilian legislation15.

Second Step: request the CAT (Traffic Adequacy Certificate) by presenting a series of documents

(technical tests, essays performed by a recognized laboratory) in order to obtain a registration for the

vehicle in the National Registry of Automotive Vehicles (RENAVAM).

Both steps combined usually take between 40 to 90 days, according to experts and practitioners in this

field. Regarding the official LCVM deadline, according to Article 9 of Ordinance n. 86/1996, IBAMA

will issue the LCVM, the Declaration of Attendance and the Certificate referred to in Article 4, within a

maximum period of 60 working days, from the date of delivery of all information necessary to meet fully

the requirements established in this Ordinance. For its turn, the official deadline for issuing the CAT,

according to Article 5 of DENATRAN Ordinance n. 190/09, is 20 working days from the receipt of the

request.

Finally, SECEX Ordinance n. 23/2011, forbids the import of used auto-parts and cars. The only exception

is used auto-parts for remanufacturing and ulterior export with more aggregated value. The import of used

cars is also prohibited, except for manufactured vehicles with more than thirty years for cultural and

collection purposes16.

5. MERCOSUL REGULATION

From the start, Mercosul members decided not to include certain sectors in the liberalization programs, as

it is the case of sugar and automotive sectors. Although there were certain efforts in the past to integrate

the motor vehicle sector into Mercosul, there is no common regime until now. Alternatively, Brazil

concluded bilateral automotive agreements with Argentina, Chile, Colombia, Mexico, Peru and Uruguay.

13See DENATRAN Ordinance n. 190/2009. 14 IBAMA Ordinance n. 086/1996 in its Article 1, determines: imported automotive vehicles are required to meet the

same pollutant emission levels and noise levels established for domestic vehicles. License for the Use of the Vehicle

or Motor Configuration - LCVM, issued by IBAMA, as determined by Articles 4 and 5 of Federal Law n,

8,723/1993. 15 The emission levels are provided for in Federal Law n. 8,723/1993. The noise levels are set out in CONAMA

Resolution n. 252/1999. 16 Article 42.VII of SECEX Ordinance n. 23/2011.

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It can also be noted a movement on a common technical regulation in the areas of safety and the

environment regarding the automotive sector. From 1991 to 2002, Mercosul members engaged in what

could have been a movement to establish common regulations for the automotive sector in areas such as

safety and environmental standards. The result was the adoption of 44 regulations on vehicles, some of

them very similar to UNECE standards. Brazil, following Mercosul’s general rule on implementation,

internalized nineteen of those regulations17.

The Mercosull Standardization Association (AMN) also issued some standards on vehicles in the same

period. The AMN is the only body responsible for the management of voluntary standardization within

Mercosul. It carries out regional standardization activities through the Mercosul Sectorial Committees,

which also have a committee on vehicles. AMN’s technical standards are not mandatory, with aims at

establishing standards to be used as basis for domestic standards developed by Mercosul members. In few

cases, Mercosul members may decide to apply an AMN technical standard directly. AMN can also

provide standards as a basis for the preparation of technical regulations at the Mercosul level. It is

relevant to note that some of AMN standards refer to ISO standards, but a reference to an UNECE

standard has never occurred.

In 2017, it took place a meeting of the Brazil-Argentina Bilateral Automotive Committee, in Buenos

Aires. The agenda included discussions on production integration and negotiations with other partners.

Brazil and Argentina created working groups to move forward with the plans established by the

Agreement on Economic Complementation n. 14. Those groups include one aiming at advancing the

regulatory convergence on technical regulations on emissions and vehicle safety.

Furthermore, the aforementioned meeting also dealt with the possibility of assessing the impacts of trade

negotiations with third markets. This issue has been discussed particularly with regards to negotiations

with the EU and the EFTA, and it may influence not only Argentina and Brazil, but also other Mercosul

members.

6. MAIN GOVERNMENT AND PRIVATE ACTORS

The main government actors for the automotive sector are: (1) the MDIC, more specifically the

Secretariat of Industrial Development and Competitiveness (SDCI) and the Secretariat of Foreign Trade

(SECEX); (2) CONAMA, IBAMA and CONTRAN; and (3) INMETRO.

Main private actors for the automotive sector are: (1) ABNT; (2) ANFAVEA; and (3) SINDIPEÇAS.

ANNEX

Table 3 - Comparing EU or US technical regulations in Brazilian regulations Subject Requirements Corresponding EU

Technical

Regulation

Corresponding Brazilian

Technical Regulation

Explicit Reference to EUROPEAN or American

Regulation or Standard

Permissible

sound level

UNECE Reg. 51 Directive

70/157/EEC

CONAMA Resolution nº 17/1995;

CONAMA Resolution nº 272/2000

NBR-ISO 362: 1998 - Acoustics - Measurement of noise emitted by

motor vehicles in acceleration -

Engineering method ABNT NBR ISO 1585: 1996

Road vehicles - Engine test code - Effective net power (new)

No reference.

17 The list of technical regulations in force in Brazil is available for public consultation at:

<http://www.inmetro.gov.br/barreirastecnicas/rtm_automotivos.asp>.

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Replacement

silencing

systems

UNECE Reg. 59 Directive

70/157/EEC

CONAMA Resolution nº 17/1995; No reference.

Emissions UNECE Reg. 83 Directive

70/220/EEC

Resolution CONAMA Nº 18

de1986; Resolution CONAMA N.

14,15,16 e 17 de 13-02-95; CONAMA Resolution nº 315/2002;

CONAMA Resolution nº 403/2008;

CONAMA Resolution nº 415/2009

It applies the Directive 1999/96 of the European

Parliament and of the Council of 13 December 1999

Replacement catalytic

converters

UNECE Reg. 103

Directive 70/220/EEC

Resolution Conama nº 282, dated July 12, 2001

No reference.

Fuel tanks UNECE Reg. 34 Directive 70/221/EEC

Resolution Nº 463 de 1973, ítem 13, CONTRAN; Resolution 486/74

Contran; Resolution Contran 221/07;

Resolution Contran 595/16; MERCOSUL/GMC/RES Nº 31/94

No reference.

LPG tanks UNECE Reg. 67 Directive 70/221/EEC

Inmetro Ordinance N.330 de 28/06/2012

In compliance with the standards ABNT NBR 8865 and / or ABNT NBR ISO 11623

CNG tanks UNECE Reg.

110

Directive

70/221/EEC

Ordinance n.° 008 de 04/01/2011;

Inmetro Ordinance N.330 de

28/06/2012

No reference.

Rear protective

device

UNECE Reg. 58 Directive 70/221/EEC

Resolução 593/16; Resolution Contran 645/19

No reference.

Steering effort UNECE Reg. 79 Directive

70/311/EEC

ABNT NBR 7540: 2016 Control of

the direction of the energy absorber - Test method for determination of

characteristics

No reference.

Door latches and hinges

UNECE Reg. 11 Directive 70/387/EEC

Resolution Nº 463/73 Contran ABNT NBR 8359: 1994

Locks and hinges of side doors of

motor vehicles - Determination of characteristics - Test method

No reference.

Audible

warning

UNECE Reg. 28 Directive

70/388/EEC

Resolution Contran Nº 35/98;

Resolution Contran Nº 37/98 ABNT NBR 13042: 1993

Car Alarm Manufacturing –

Procedure

Art. 5 The results of tests issued by a body

accredited by INMETRO - National Institute of Metrology, Standardization and Qualification, by

the European Community or by the United States of

America will be recognized.

Indirect vision

devices

UNECE Reg. 46 Directive

2003/97/EC

Resolution Contran 226 Art. 2 Rear-view mirrors complying with

Regulation

ECE 46.01 (United Nations) or Regulation 2003/97 / EC (European Community) of November 10, 2003

or the standard FMVSS 111, of September 24,

1998.

Braking UNECE Reg. 13 Directive 71/320/EEC

Resolution CONTRAN n° 519/15; Resolution CONTRAN n° 630;

INMETRO Ordinance N.30 dated

22/01/2004

No reference.

Braking UNECE Reg.

13H

Directive

71/320/EEC

Resolution CONTRAN n° 519/15;

Resolution CONTRAN n° 630; INMETRO Ordinance N.30 dated

22/01/2004

No reference.

Brake linings UNECE Reg. 90 Directive 71/320/EEC

INMETRO Ordinance N.30 dated 22/01/2004

No reference.

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12

Radio

interference

(electromagnetic

compatibility)

UNECE Reg. 10 Directive

72/245/EEC

No similar regulation. No reference.

Diesel smoke UNECE Reg. 24 Directive 72/306/EEC

CONAMA Resolution nº 16/1995; CONAMA Resolution nº 226/1997;

CONAMA Resolution nº 315/2002;

INMETRO Ordinance N.139 de 21/03/2011

No reference.

Interior fittings UNECE Reg. 21 Directive 74/60/EEC ABNT NBR ISO 3795: 2014 Road

vehicles, tractors and agricultural

and forestry machinery - Determination of combustion

behavior of interior materials

No reference.

Anti-theft UNECE Reg. 18 Directive 74/61/EEC Resolution CONTRAN Nº 686, dated 1987; Resolution CONTRAN

nº 245/2007; Resolution Contran nº

485/2014 and Art. 4º of Resolution

CONTRAN nº 330/2009; Resolution

Contran 559/2015

No reference.

Anti-theft and

immobiliser

UNECE Reg.

116

Directive 74/61/EEC Resolution CONTRAN Nº 686,

dated 1987; Resolution CONTRAN

nº 245/2007; Resolution Contran nº 485/2014 and Art. 4º of Resolution

CONTRAN nº 330/2009; Resolution

Contran 559/2015

No reference.

Vehicle Alarm

Systems

UNECE Reg. 97

UNECE Reg. 116

Directive 74/61/EEC Resolution Contran Nº 686, dated

1987; Resolution Contran nº 448/71

No reference.

Behaviour of

steering device under impact

UNECE Reg. 12 Directive

74/297/EEC

Resolution Contran Nº 463/73

ABNT NBR 7540: 2016 Control of the direction of the energy absorber -

Test method for determination of

characteristics

No reference.

Seat strength UNECE Reg. 17 Directive

74/408/EEC

Resolution Contran Nº 463/73;

220/07; 316/09

No reference.

Seat strength (buses and

coaches)

UNECE Reg. 80 Directive 74/408/EEC

Resolution Contran Nº 463/73 No reference.

Exterior projections

UNECE Reg. 26 Directive 74/483/EEC

No similar regulation. No reference.

Speedometer UNECE Reg. 39 Directive

75/443/EEC

No similar regulation. No reference.

Seat belt anchorages

UNECE Reg. 14 Directive 76/115/EEC

Resolution Contran N. 48/98, 316/09;

No reference.

Installation of lighting and

light signalling

devices

UNECE Reg. 48 Directive 76/756/EEC

No reference.

Retro

reflectors

UNECE Reg. 3 Directive

76/757/EEC

Resolution Contran N. 226 Art. 2 Rear-view mirrors complying with

Regulation ECE 46.01 (United Nations) or

Regulation 2003/97 / EC (European Community) of November 10, 2003 or the standard FMVSS 111, of

September 24, 1998

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13

End-

outline/front-

position(side)/rear- position

(side)/stop

lamps

UNECE Reg. 7 Directive

76/758/EEC

No similar regulation. No reference.

Daytime

running lamps

UNECE Reg. 87 Directive

76/758/EEC

No similar regulation. No reference.

Side marker

lamps

UNECE Reg. 91 Directive

76/758/EEC

No similar regulation. No reference.

Direction indicators

UNECE Reg. 6 Directive 76/759/EEC

Resolution CONTRAN 225 ABNT NBR 16320: 2014

Automotive Road Vehicles -

Directional Flashlight - Specification

Art. 2 - Alternatively, vehicles that comply with FMVSS 101 of June 5, 2002, or Directive 78/316 /

EEC, as amended by Directives 93/91 / EEC and

94/53 / EEC, will be accepted.

Rear

registration

plate lamp

UNECE Reg. 4 Directive

76/760/EEC

ABNT NBR 12685: 1992

Rear License Plate Lighting

Flashlight for Road Vehicles - Specification

No reference.

Headlamps (R2 and HS1)

UNECE Reg. 1 Directive 76/761/EEC

Resolution Contran N. 227/07; Resolution Contran 548

Art. 5 - It is at the discretion of the highest executive body of transit of the Union to approve

vehicles that comply with the lighting systems that

fully comply with the North American standard FMVSS 108

Headlamps (sealed beam)

UNECE Reg. 5 Directive 76/761/EEC

Resolution Contran 227/07; Art. 5 - It is at the discretion of the highest executive body of transit of the Union to approve

vehicles that comply with the lighting systems that

fully comply with the North American standard FMVSS 108

Headlamps

(H1, H2, H3,

HB3, HB4, H7,

and/or H8, H9

,HIR1, HIR2 and/or H11)

UNECE Reg. 8 Directive

76/761/EEC

Resolution Contran 227/07; Art. 5 - It is at the discretion of the highest

executive body of transit of the Union to approve

vehicles that comply with the lighting systems that fully comply with the North American standard

FMVSS 108

Headlamps

(H4)

UNECE Reg. 20 Directive

76/761/EEC

Resolution Contran 227/07; Art. 5 - It is at the discretion of the highest

executive body of transit of the Union to approve

vehicles that comply with the lighting systems that fully comply with the North American standard

FMVSS 108

Headlamps

(halogen

sealed beam)

UNECE Reg. 31 Directive

76/761/EEC

Resolution Contran 227/07 Art. 5 - It is at the discretion of the highest

executive body of transit of the Union to approve

vehicles that comply with the lighting systems that fully comply with the North American standard

FMVSS 108

Filament

lamps for use

in approved lamp units

UNECE Reg. 37 Directive

76/761/EEC

Resolution Contran 227/07 Annex 2: Headlamps shall be fitted with filament

lamps in accordance with the specifications given in

the manufacturer's catalogs, in accordance with ECE R 37.

Headlamps with gas-

discharge light

sources

UNECE Reg. 98 Directive 76/761/EEC

Resolution Contran 227/07 No reference.

Gas-discharge

light sources

for use in approved gas-

discharge lamp

units

UNECE Reg. 99 Directive

76/761/EEC

Resolution Contran 227/07 No reference.

Headlamps (asymmetrical

passing beam)

UNECE Reg. 112

Directive 76/761/EEC

Resolution Contran 227/07 No reference.

Adaptative

front-lighting

systems

UNECE Reg.

123

Directive

76/761/EEC

Resolution Contran 227/07 No reference.

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14

Front fog

lamps

UNECE Reg. 19 Directive

76/762/EEC

Resolution Contran 227/07 No reference.

Rear fog

lamps

UNECE Reg. 38 Directive

77/538/EEC

Resolution Contran 227/07 Art. 5 - It is at the discretion of the highest

executive body of transit of the Union to approve vehicles that comply with the lighting systems that

fully comply with the North American standard

FMVSS 108

Reversing

lamps

UNECE Reg. 23 Directive

77/539/EEC

Resolution Contran 227/07 Art. 5 - It is at the discretion of the highest

executive body of transit of the Union to approve vehicles that comply with the lighting systems that

fully comply with the North American standard FMVSS 108

Parking lamps UNECE Reg. 77 Directive

77/540/EEC

Resolution Contran 227/07 Art. 5 - It is at the discretion of the highest

executive body of transit of the Union to approve

vehicles that comply with the lighting systems that fully comply with the North American standard

FMVSS 108

Seat belts and

restraint systems

UNECE Reg. 16 Directive

77/541/EEC

Resolution Contran 316 Alternatively, safety belts which comply with

Directive 2000/3 / EC, or even ECE R16 (both European), may be used.

Child restraints

UNECE Reg. 44 Directive 77/541/EEC

Ordinance 315, of June 19, 2012 Standard ABNT NBR14400

Road vehicles - Child restraints -

Safety requirements.

No reference.

Front forward

field of vision

UNECE Reg.

125

Directive

77/649/EEC

No reference.

Identification

of controls, tell-tales and

indicators

UNECE Reg.

121

Directive

78/316/EEC

Resolution Contran 225 Art. 2 - Alternatively, vehicles that comply with

FMVSS 101 of June 5, 2002, or Directive 78/316 / EEC, as amended by Directives 93/91 / EEC and

94/53 / EEC, will be accepted.

Heating

systems

UNECE Reg.

122

Directive

2001/56/EC

No reference.

Head restraints

(combined

with seats)

UNECE Reg. 17 Directive

78/932/EEC

Resolution Contran 44/98; 220/07 Art. 3 Alternatively, approval may be granted for

vehicles that comply with the resistance

requirements of the seats, their anchorages and head restraints, defined in Regulation ECE R 17.07, of

2002, or in the FMVSS rules 202 and 207, 1998.

Head restraints UNECE Reg. 25 Directive

78/932/EEC

Resolution Contran 44/98; 220/07 Art. 3 Alternatively, approval may be granted for

vehicles that comply with the resistance requirements of the seats, their anchorages and head

restraints, defined in Regulation ECE R 17.07, of

2002, or in the FMVSS rules 202 and 207, 1998.

CO2 emissions

– Fuel

consumption

UNECE Reg.

101

Directive

80/1268/EEC

Inmetro Ordinance 547 (emission

control); CONAMA Resolution nº

15/1995; CONAMA Resolution nº 16/1995; CONAMA Resolution nº

226/1997; CONAMA Resolution nº

315/2002

§ 4o The atmospheric factor fa shall be calculated

by the expression below, as defined by European

Economic Community Directive 72/306 / EWG of 2 August 1972, including all subsequent updates.

CONAMA Resolution nº 226/1997: Supplement resolution 8/93 establishing maximum emission

limits of soot at full load and amending it for

national or Imported, produced to meet stage IV (EURO II)

CONAMA Resolution nº 315/2002: Directive 1999/96 of the European Parliament and of the

Council of 13 December 1999

Engine power UNECE Reg. 85 Directive

80/1269/EEC

No similar regulation. No reference.

Emissions

(Euro IV and

V) heavy duty vehicles

UNECE Reg. 49 Directive

2005/55/EC

CONAMA Resolution N. 315/2002;

CONAMA Resolution N.N.

403/2008; CONAMA Resolution N. 415/2009; CONAMA Resolution nº

433/2011

Adopted by Proconve, Phase 7

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15

Lateral

protection

UNECE Reg. 73 Directive

89/297/EEC

ABNT NBR 16204-2: 2013

Road vehicles - Occupant protection

- Side impact tests Part 2: Procedure and performance

requirements in side impact test with

impact speed at an angle of 63 ° to the longitudinal axis of the vehicle

No reference.

Safety glazing UNECE Reg. 43 Directive 92/22/EEC Resolution Contran N.º 254/2007 Paragraph 1 The results of tests admitted by bodies recognized by the Commission or European

Community and the United States of America,

in accordance with the procedures adopted by those bodies.

Paragraph 2 In the cases provided for in paragraph 1

of this article, identification of the conformity of safety glass shall be given alternately or

cumulatively by means of indelible marking

containing at least the manufacturer's mark and the symbol of conformity of the Commission or of the

European Community, consisting of the capital

letter 'E' accompanied by a numerical index

representing the country of issue of the certificate,

enclosed in a circle, or by the lower case letter 'e'

accompanied by a number representing the issuing country of the certificate, inserted in a rectangle

and, if of the United States of America, symbolized

by the acronym "DOT".

Tyres, motor

vehicles and

their trailers

UNECE Reg. 30 Directive 92/23/EEC Ordinance Inmetro N. 165/2008:

Technical Regulation for new tires

destined to passenger cars, including those of mixed use, and towed;

Ordinance Inmetro N. 205/2008:

Technical Regulation for new tires destined for commercial, light

commercial and towed vehicles

Technical Manual of the Latin American Tire and

Ring Association - A.L.A.P.A

Tyres, commercial

vehicles and their trailers

UNECE Reg. 54 Directive 92/23/EEC Ordinance Inmetro N. 165/2008: Technical Regulation for new tires

destined to passenger cars, including

those of mixed use, and towed; Ordinance Inmetro N. 205/2008:

Technical Regulation for new tires

destined for commercial, light commercial and towed vehicles

Technical Manual of the Latin American Tire and Ring Association - A.L.A.P.A

Temporary-

use spare

wheels/tyres

UNECE Reg. 64 Directive 92/23/EEC No similar regulation. No reference.

Rolling sound UNECE Reg.

117

Directive 92/23/EEC No similar regulation. No reference.

Speed

limitation devices

UNECE Reg. 89 Directive 92/24/EEC No similar regulation. No reference.

Couplings UNECE Reg. 55 Directive 94/20/EC Resolution Contran N.º 197/06;

Resolution Contran N.º 234/07

Standard NBR ISO 3853, NBR ISO

1103, NBR ISO 9187.

No reference.

Close-

coupling

device

UNECE Reg.

102

Directive 94/20/EC Resolution Contran N.º 197/06;

Resolution Contran N.º 234/07

No reference.

Flammability UNECE Reg. 118

Directive 95/28/EC Resolution Contran 675/86 No reference.

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16

Buses and

coaches

UNECE Reg.

107

Directive

2001/85/EC

Resolution Contran N. 445/13;

Resolution Contran 629; Resolution

Contran 644

Art. 2 It is at the discretion of DENATRAN to

admit, exclusively for the requirements specified in

paragraph 4 of article 1, for the purpose of proving the compliance with the requirements of this

Resolution, the results of the tests abroad obtained

by equivalent procedures, carried out by international organizations, Recognized by the

European Community or the United States of

America.

Strength of

superstructure (buses and

coaches)

UNECE Reg. 66 Directive

2001/85/EC

Resolution Contran N. 445/13;

Resolution Contran 629; Resolution Contran 644

Art. 2 It is at the discretion of DENATRAN to

admit, exclusively for the Requirements specified in paragraph 4 of article 1, for the purpose of proving

the compliance with the requirements of this

Resolution, the results of the tests abroad obtained by equivalent procedures, carried out by

international organizations, Recognized by the

European Community or the United States of America.

Frontal impact UNECE Reg. 94 Directive 96/79/EC Resolution (Contran) 221

ABNT NBR 15300-1: 2013

Road vehicles - Occupant protection

- Frontal impact tests Part 1: Performance Requirements

No reference.

Side impact UNECE Reg. 95 Directive 96/27/EC ABNT NBR 16204-2: 2013

Road vehicles - Occupant protection

- Side impact tests Part 2: Procedure and performance

requirements in side impact test with impact speed at an angle of 63° to

the longitudinal axis of the vehicle

No reference.

Vehicles

intended for

the transport

of dangerous goods

UNECE Reg.

105

Directive 98/91/EC No similar regulation. No reference.

Front underrun

protection

UNECE Reg. 93 Directive

2000/40/EC

No similar regulation. No reference.

Note: The highlighted lines refer to technical regulations explicitly mentioning UNECE’s or any other European

Union’s regulation.

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17

Table 4 – List of certification bodies accredited by INMETRO TYPE Name of the Certification

Body Country State City Products

OCP FCAV - Fundação Carlos Alberto Vanzolini

Brazil SP São Paulo Automotive Components

OCP Instituto Falcão Bauer da

Qualidade - IFBQ

Brazil SP São Paulo Net Automotive Nox reducing agent-Arla 32;

New Tires; Automotive Wheels; Laminated

safety glass windshield of Self-propelled road vehicle; Toughened safety glass for Self-

propelled road vehicle

OCP TÜV RHEINLAND DO

BRASIL LTDA.

Brazil SP São Paulo New Tires; Automotive Wheels; Laminated

safety glass windshield of Self-propelled road vehicle; Toughened safety glass for Self-

propelled road vehicle

OCP ABNT - Associação

Brasileira de Normas Técnicas

Brazil RJ Rio de Janeiro Net Automotive Nox reducing agent-Arla 32;

New Tires; Automotive Wheels; Laminated safety glass windshield of Self-propelled road

vehicle; Toughened safety glass for Self-propelled road vehicle

OCP Instituto da Normalização

na Segurança, Saúde,

Qualidade, Produtividade, Avaliações - INOR

Brazil SP São Paulo Refurbishing service of high pressure cylinders

for the storage of vehicular natural gas as fuels,

motor vehicles

OCP IQA - Instituto da

Qualidade Automotiva

Brazil SP São Paulo New tires passengers cars, station wagons and

towed, commercial vehicles, light commercial

and towed. Fifth wheel used in road vehicles; intended for the carriage of cargo or of

dangerous products.

Automotive wheels; Laminated safety glass windshield of Self-propelled road vehicle.

Toughened safety glass for Self-propelled road

vehicle

OCP Pontifícia Universidade Católica - NPT/SP - PUC

Brazil SP São Paulo Vehicle auxiliary shaft. Fifth wheel used in road vehicles, intended for the carriage of cargo or of

dangerous products

OCP BRTÜV Avaliações da

Qualidade S. A.

Brazil SP Barueri Automotive Wheels. Automotive Components.

OCP BVQI do Brasil Sociedade Certificadora Ltda

Brazil SP São Paulo Automotive Wheels. Automotive Components. Laminated safety glass windshield of Self-

propelled road vehicle. Toughened safety glass

for Self-propelled road vehicle

OCP Acta certificações ltda. - epp.

Brazil RJ Rio de Janeiro (Centre)

High pressure cylinders and GMV as a fuel storage on Board of motor vehicles. System

components for natural gas vehicles

OCP Sgs ics certificadora ltda Brazil SP Barueri Automotive Wheels. Automotive Components.

Laminated safety glass windshield of Self-propelled road vehicle. Toughened safety glass

for Self-propelled road vehicle

OCP Certified serviços de

certificação ltda

Brazil RJ Volta Redonda High pressure cylinders and GMV as a fuel

storage on Board of motor vehicles. System components for natural gas vehicles

OCP Senai-rs certificação Brazil RS Caxias do Sul King pin used in road vehicles intended for the

carriage of cargo and dangerous goods

Fifth wheel used in road vehicles; intended for the carriage of cargo in general or of dangerous

products

OCP Nacional certificadora ltda Brazil SP Osasco Vehicle Lift. Lifting platforms for vehicles with

Vehicular Road Features. Road cargo tanks intended for the carriage of dangerous goods

OCP Tecetec - tecnologia em

ensaios técnicos s/s ltda. -

me.

Brazil RJ Rio de Janeiro High pressure cylinders and GMV as a fuel

storage on Board of motor vehicles. System

components for natural gas vehicles

Source: INMETRO. Prepared by CGCI-EESP/ FGV (March 2017).

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Table 5 - Homologation of Vehicle and Auto Parts New products Used products

Legal provisions Legal provisions

Au

to p

arts

Imported

Certification of products (autoparts) by laboratory accredited by INMETRO (Ordinance N.

301 of July 21, 2011. Available at:

http://www.inmetro.gov.br/legislacao/rtac/pdf/RTAC001718.pdf).

Prohibited, according to SECEX Ordinance N. 23, of July 14, 2011. Available at:

http://portal.siscomex.gov.br/legislacao/biblioteca-de-arquivos/secex/portaria-no-23-de-

14-de-julho-de-2011

Domestic

Manufacture

Certification of products (autoparts) by laboratory accredited by INMETRO (Ordinance N.

301 of July 21, 2011. Available at:

http://www.inmetro.gov.br/legislacao/rtac/pdf/RTAC001718.pdf). The list of accreditation bodies accredited by INMETRO can be found at:

http://www.inmetro.gov.br/organismos/resultado_consulta.asp

Lei do Desmanche. Law N. 12.977 of May 20, 2014. Regulates and disciplines the dismantling of land vehicles; amends Article 126 of Law N. 9.503, of September 23,

1997 - Brazilian Traffic Code; and makes other arrangements. Available at:

http://www.planalto.gov.br/Ccivil_03/_Ato2011-2014/2014/Lei/L12977.htm

Veh

icle

s Imported

The homologation of imported vehicles has two stages:

1) CONAMA/IBAMA: obtaining the LCVM (License for use of Vehicle or Engine Configuration) with IBAMA will certify that the car is in compliance with the current environmental regulations

(Article 9 of Ordinance N. 086/96, of October 17, 1996. Available at:

http://www.ibama.gov.br/sophia/cnia/legislacao/IBAMA/PT0031-120399.PDF)

2) CONTRAN/DENATRAN: request of the CAT (Certificate of Adequacy to Transit), which

guarantees the registration of the vehicle in the National Registry of Motor Vehicles (RENAVAM),

according to the provisions of Article 5 of DENATRAN Ordinance N. 190/09. Available at:

http://www.denatran.gov.br/download/Portarias/2009/PORTARIA_DENATRAN_190_09.pdf

Based on item VII of Article 42 of SECEX Ordinance N. 23, of July 14, 2011, it is

allowed to import old vehicles, with more than 30 (thirty) years of manufacture, for cultural and collection purposes. Available at:

http://portal.siscomex.gov.br/legislacao/biblioteca-de-arquivos/secex/portaria-no-23-de-

14-de-julho-de-2011.

The ordinary procedures for importing vehicles (carried out by IBAMA and

DENATRAN) must also be complied with, but it is possible to dispense LCVM, at the

discretion of the environmental authority.

Domestic

Manufacture Homologation of national vehicles shall complete the same steps.

Domestic trade of used vehicles is allowed. In addition to the formal registration requirements, suppliers have additional obligations regarding the provision of

information, according to the provisions of Law N. 13.111, of 2015. Available at:

http://www.planalto.gov.br/ccivil_03/_Ato2015-2018/2015/Lei/L13111.htm

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19