Product Emissions Standards Frequently Asked Questions

By world standards, Australia’s air quality is generally very good. However, more can be done to ensure Australians continue to enjoy clean air.

Until July 2018, Australia imported high emitting engines that were not allowed in other developed countries such as the United States, Canada, Japan and the European Union. The introduction of product emissions standards meant Australia is no longer a dumping ground for high-emitting outdoor power equipment and marine engines.

Since 1 July 2018 it is illegal to import new outdoor power equipment and marine engines that do not comply with the standards.

Since 1 July 2020 it is illegal to supply, or advertise for supply new outdoor power equipment and marine engines that do not meet the standards.

The new emissions standards cover all new spark-ignition engines and propulsion marine engines regardless of whether these are imported on their own or as part of a larger piece of equipment.

Australia’s product emissions standards do not ban 2-stroke engines. The standards are based on actual emissions levels, regardless of the engine type. Where a 2-stroke engine meets the requirements of Australia’s product emissions standards, that engine can be legally imported and supplied in Australia.

The answer to this question depends on the specific engine design.

Competition engines used in racing (e.g. go-kart racing) are excluded from the Product Emissions Standards Rules if the engine is designed solely for use in racing competition and if, because of features of the engine that cannot easily be removed, or other characteristics of the engine, use of the engine other than in competition would be unsafe or impractical (see section 9(2) of the Rules).  Both of these criteria must be satisfied for an engine to be considered a competition engine and therefore excluded from the requirements of the legislation.

Engines that meet these criteria are not emissions-controlled products under the legislation and can be imported and supplied without reference to the requirements of the Rules. Because such engines are excluded by definition, it is not necessary to seek an exemption from the Act. Persons importing or supplying competition engines excluded from the Rules should be aware that if the engines do end up being used for non-competition purposes, an offence under the Act may have been committed. Importers and suppliers should therefore take reasonable steps to ensure all parties in the supply chain are aware that engines imported as competition engines outside the scope of the legislation may only be used in competition racing consistent with the requirements of section 9(2) of the Rules.

Where an engine design is such that the engine could potentially be used for either competition or non-competition purposes, then it is an emissions-controlled product and included within the scope of the PES Rules. In that case, if the engine is not certified under one of the standards specified in the PES Rules, an exemption will be required to enable the import or supply of the engine for competition purposes.  For further information on exemptions, go to Exemptions.

You need to ensure that you only import products that meet the emissions standards, that the products are labelled in accordance with the Rules and that you keep the appropriate records.

Emissions controlled products that are imported or domestically manufactured must be certified as meeting the emissions standards. There are two ways products can be certified in the Rules and these include:

• Products certified to one of the recognised international standards, as detailed in section 26 of the Rules, or
• Products with Australian certification. This is only required if the products are not certified to one of the recognised international standards.

The Australian emissions standards recognises engines that are already certified under one of the following foreign certification authorities: the United States Environmental Protection Agency (US EPA), member states of the European Union, Environment and Climate Change Canada, and the California Air Resources Board (CARB).

Australia’s product emissions standards are based on the United States Environment Protection Agency Phase III exhaust emissions standards. As a general guide, products that meet the US Phase III, Euro Stage V or California Air Resources Board tier II exhaust emissions standards will also meet the Australian standards.

Transitional provisions detailed in section 52 of the Rules allowed Euro Stage II certified non-road products to be imported into Australia until 1 July 2020 and supplied in Australia until 1 July 2021.

If the engines have US EPA certification then they should have a US EPA marking / labelling as required by the US EPA standards. The labelling required by the US EPA is all that the products need to have when they are imported into Australia.

To ensure you are importing products certified as meeting the Australian emissions standards, you should confirm with your supplier that the products are labelled in accordance with the foreign standards under which they are certified and obtain certificates of conformity for the products you are importing.

Australia recognises a number of foreign standards. These are listed in the Rules in section 26 and are from the following regulatory authorities:

• US Environmental Protection Agency;
• Californian Air Resources Board;
• a member state of the European Union and
• Environment and Climate Change Canada.

In accordance with Part 4 of the Product Emissions Standards Act 2017 and Part 7 of the Products Emissions Standards Rules 2017, importers, suppliers, and manufacturers of emissions-controlled products are required to keep records. The record keeping requirements detailed in the Rules have been developed to largely coincide with records that importers would already keep.

If you import emissions-controlled products during a financial year (commencing 2018), you will need to keep the following records:

• the identities and quantities of the products you have imported
• the identities of the persons (if any) who supplied the products to you in Australia (whether before or during the year)
• whether the products are Australian certified or foreign certified
• for each of the products that are Australian certified—the Australian certification number of the applicable Australian certificate of conformity
• for each of the products that are foreign certified—the number of the applicable foreign certificate of conformity
• for each importation or supply under an exemption—the exemption number and the conditions to which the exemption is subject have been complied with.

You must keep the records for 5 years.

If your client has non-compliant stock, they will be responsible should they try to supply these within Australia after 1 July 2020.

Your client can determine the appropriate disposal of non-compliant products, which could include destruction, or export to a market that will accept the products. If your client is holding stock owned by another party, that third party will need to determine appropriate disposal methods.

If you use a customs broker to complete the import declaration, you will need to ensure that, in addition to the existing information you give, you provide your customs broker with the product’s certification number or exemption number.

Your customs broker is required to complete a community protection question in the import declaration that will ask for a certification number or exemption number.

The format for an Australian issued certification number is ECP-18-XXXX-XXC. All Australian certifications approved by us are available at Product Emissions Standards Certification.

The format of the foreign certification number required for entry into the import declaration depends on which authority certified the engine and to what standard. A guidance document is available for download. This document describes the different certification numbers and explains their format for each of the foreign standards listed in section 26 of the Rules.

The Product Emissions Standards Rules 2017 take a phased approach to European certified products. From 1 July 2020, you must ensure that any product you import:

• is certified to Euro Stage V standards (or one of the other recognised international authorities’ standards that are listed in the Rules) and
• has the correct label.

This transition from Euro Stage II emissions standards to Euro Stage V emissions standards follows the European Union phase-out of Euro Stage II emissions standards, with Stage V regulations adopted in 2016.

Both Euro Stage II and Euro V certification numbers, also referred to as ‘type approval numbers’, are located on the type approval certificate and should be on the corresponding emissions label on the engine. This certificate is generally issued to the manufacturer after they have had their products certified as meeting the emissions standard.

As a reference, under Euro Stage II emissions standards, engines captured under one of the following amending Directives to Directive 97/68/EC are accepted up until 30 June 2020 only: 2002/88/EC, 2004/26/EC, 2006/105/EC, 2010/26/EU, 2011/88/EU or 2012/46/EU.

As a reference, under Euro Stage V emissions standards, engines captured under Directive 2016/1628 and any future Directive amendments will be accepted. Euro Stage V engines and equipment need to have the relevant emissions label as required under Rules.

A guidance document on certification numbers is available for download. This document describes the different certification numbers and explains their format for each of the recognised foreign standards.

From 1 July 2020, you will need to ensure that: you only supply products that meet the emissions standards; products are labelled in accordance with the Rules; and you keep the appropriate records.

If you are a retailer that receives stock from an Australian importer, the importer will need to ensure the products they import comply with the emissions standards. You should contact your supplier and ensure that you only receive products that meet the emissions standards.

The importer will need to ensure that the product has the correct label before they import that product. You should confirm with your supplier that the products are labelled in accordance with the Australian emissions standards. There are labelling requirements for Australian certified products and these are detailed in section 39 (2) of the Rules. If the product holds a foreign certification, it should be labelled in accordance with the foreign standard that it has been certified to.

In accordance with Part 4 of the Product Emissions Standards Act 2017 and Part 7 of the Product Emissions Standards Rules 2017, suppliers of emissions-controlled products are required to keep records. The record keeping requirements detailed in the Rules have been developed to largely coincide with records that suppliers would already keep.

If you supply emissions-controlled products during a financial year (commencing 1 July 2020), you will need to keep the following records:

• the identities of the persons (if any) who supplied the products to you in Australia (whether before or during the year)
• whether the products are Australian certified or foreign certified
• for each of the products that are Australian certified—the Australian certification number of the applicable Australian certificate of conformity
• for each of the products that are foreign certified—the number of the applicable foreign certificate of conformity
• for each importation or supply under an exemption—the exemption number and the conditions to which the exemption is subject have been complied with.

You must keep the records for 5 years.

The Product Emissions Standards do not apply to second hand engines and equipment that have been pre-owned. These engines and equipment, including reconditioned ones, can continue to be sold, swapped or given away. No certification or labelling is required.

It is important that you keep records to ensure that there is documented proof that the product is second hand and not a new product being sold under a second hand label.

If you have identified a breach of the Act you can inform us by one of the contact methods below. Your information will remain confidential and be kept in accordance with our privacy policy.

Information you should provide:

• Name of entity the allegation is made against
• When the allegation was observed
• Description of allegation
• Supporting Evidence: Article, brochure; Link to the webpage; photograph or receipts

Contact us:

The Product Emissions Standards Rules 2017 took a phased approach to European certified products. The transition from Euro Stage II emissions standards to Euro Stage V emissions standards followed the European Union phase-out of Euro Stage II emissions standards, with Stage V regulations adopted in the European Union in 2016.

From 1 July 2021, you must ensure that any product you supply:

• is certified to Euro Stage V standards (or one of the other recognised international authorities’ standards that are listed in the Rules) and
• has the correct label.

Widespread drought conditions created challenges for remaining uncertified products to be sold before 1 July 2019. The date change was a once-only extension to provide an additional 12 months to clear stock.

The standards only apply to new engines and equipment imported into Australia from 1 July 2018 and supplied in Australia from 1 July 2020. Engines and equipment people already own will not need to be retro-fitted to meet the standards and can continue to be used.

Responsible manufacturers already offer a variety of products in Australia that will meet the standards. These products generally offer consumers improved fuel efficiency, lower oil consumption and quieter operation while reducing harmful emissions.

The standards only apply to new engines and equipment imported from 1 July 2018 and supplied from 1 July 2020. The standards do not apply to second-hand products. People can continue to sell, swap or give away old, used products.

Second-hand boats with either second hand inboard or outboard engine are not regulated under the Product Emissions Standards legislation. If the second hand boat has a new inboard or outboard engine then it is regulated under the Product Emissions Standards legislation.

Before purchasing a product or equipment, you can ask the retailer if the product meets the emissions standards and ask to see the appropriate emissions label that is required to be fixed to the engine.

Any product imported into Australia must meet the emissions standards. The importer is liable under the Product Emissions Standards Act 2017 for the import offence. You should exercise caution if the online seller requires you to be the importer.

Any products you manufacture and supply to the Australian market must be certified as meeting the emissions standards, unless you have been granted an exemption. You will also need to ensure you keep the appropriate records and that you report each financial year. If a product manufactured in Australia is supplied, the manufacturer must report to us within 60 days of the end of the financial year. Reports should include all information listed under the record-keeping requirements.

If you intend to manufacture a product for the purposes of export, you may be required to apply for an exemption. For further information on exemptions, go to Exemptions.

Under the Product Emissions Standards (Excise) Charges Act 2017, a charge is imposed on the manufacture of an emissions-controlled product. This is payable by the person who manufactures the product.

If you are an Australian manufacturer we advise you to contact us by emailing ProductEmissions.environment@dcceew.gov.au. We can give you detailed guidance on the standards and your obligations.

If you manufacture new, complete emissions-controlled products in Australia and intend to supply them domestically, you will need to certify your product in one of two ways:

1. certification to one of the recognised international standards, as detailed in section 26 of the Rules, or
2. Australian certification. This is only required if the products are not certified to one of the recognised international standards.

Under the Product Emissions Standards (Excise) Charges Act 2017, a charge is imposed on the manufacture of an emissions-controlled product. This is payable by the person who manufactures the product.

Section 30 of the Rules lists six exemption categories and sets out the requirements for an exemption from the standards.

If you intend to seek Australian certification rather than certification to a recognised international standard, please contact us by emailing ProductEmissions.environment@dcceew.gov.au

Applications for Australian certification can be made through our Online Services portal. Applications require supporting evidence, including the results of product testing conducted in a manner that is consistent with United States Environmental Protection Agency testing procedures. Application fees apply.

If a product is certified by us, you will be given a certificate of conformity (including a certification number). This means the product can be legally supplied to the Australian market.

Australian certification should be sought if you intend to supply your product only to the Australian market. If you intend to export or supply your product to another country, you should seek clarification of the certification requirements for that country.

In accordance with Section 22 of the Product Emissions Standards Act 2017 and section 41 of the Products Emissions Standards Rules 2017, manufacturers of emissions-controlled products are required to keep records. The record-keeping requirements have been developed to largely coincide with records that manufacturers would already keep.

If you manufacture and sell an emissions-controlled product in Australia, you will need to keep the following records:

• the identities and quantities of the products
• the price (excluding GST) of the products
• the dates of the supplies
• the recipient/s of the products
• whether the products are Australian certified or foreign certified
• for each of the products that are Australian certified—the Australian certification number of the applicable Australian certificate of conformity

• for each of the products that are foreign certified—the number of the applicable foreign certificate of conformity
• for each of the products - either:
  • that it was reasonable not to believe the person (the recipient) to whom the product was supplied intended to supply the product to another person, or
  • the identity of the recipient.

You must keep the records for 5 years.

Under section 22 of the Product Emissions Standards Act 2017 and section 41 of the Product Emissions Standards Rules 2017, manufacturers of products in Australia are required to report annually to us. Reports must be made within 60 days of the end of the financial year. Reports should include all information listed under the record-keeping requirements.

If you wish to manufacture for the purpose of exporting products to another country, you will need to check the laws of the country you wish to export to. You will still be required to comply with reporting requirements and any charges imposed, even if you do not intend to supply the product within Australia.

If you are in this situation, we recommend that you contact us by emailing ProductEmissions.environment@dcceew.gov.au

An emissions-controlled product can only be exported from the Australian manufacturer directly. It cannot be supplied first to the Australian market for the purposes of exporting later unless there is an exemption in place.

Applications for exemptions should be made through our Online Services portal. A fee is payable prior to the consideration of any application.

Only new outdoor power equipment and marine engines that meet the Australian emissions standards, or have been granted an exemption, can be imported into Australia. Australia will accept products that have certificates of conformity from the following regulatory authorities:

• United States Environmental Protection Agency
• California Air Resources Board
• member state of the European Union
• Environment and Climate Change Canada.

If you plan to import and/or sell outdoor power equipment or marine engines that do not have certification from one of these jurisdictions, you will need to apply for Australian certification.

Registration with us is not required as part of the application for certification. If you plan to import and/or sell outdoor power equipment or marine engines that do not have certification from the United States Environmental Protection Agency, California Air Resources Board, Canada, or the European Union, you will need to apply for Australian certification.

Applications for Australian certification can be made through our Online Services portal.

Applications will require supporting evidence, including the results of product testing that has been conducted in a manner that is consistent with United States Environmental Protection Agency testing procedures. Application fees will apply.

If a product is certified by us, the applicant will be given a certificate of conformity (including a certification number). This means the product can be legally imported and supplied to the Australian market.

Assessment of applications will commence after the application fee is received by us. The statutory timeframe of the Product Emissions Standards Rules 2017 stipulates that we may take up to 60 days to assess an application.

It is recommended that your application be lodged well in advance of the planned importation.

No. From 1 July 2020 you must ensure any products you supply meet the standards. Products imported prior to 1 July 2018 that are not certified were able to be sold in the Australian market until 30 June 2020.

US EPA certification categories relevant to the Australian emissions standard are ‘small non-road spark-ignition (NRSI) engines’ and ‘marine spark-ignition (SI) engines’. The US EPA publishes annual certification data for engines.

The format of the foreign certification number required for entry into the import declaration depends on which authority certified the engine and to what standard. A guidance document is available for download. The document describes the different certification numbers and explains their format for each of the foreign standards listed in section 26 of the Rules.

Section 30 of the Rules lists six exemption categories where you can verify if your product meets the requirements for an exemption.

Applications for exemptions meeting the requirements of the Product Emissions Standards Act and Rules can be made through our Online Services portal. Applications will require supporting evidence. A fee is payable prior to the consideration of any application.

If a product is granted an exemption by us, the applicant will be given an exemption number. This will allow the product to be legally imported into Australia. The applicant will be required to ensure that all the conditions set out in the exemption approval are met.

Assessment of applications will commence after the application fee is received by us. The statutory timeframe of the Product Emissions Standards Rules stipulates that we may take up to 60 days to assess an application for an exemption.

It is recommended that your application be lodged well in advance of the planned importation.

We will only recognise exemptions granted under the Product Emissions Standards Rules 2017, regardless of any exemptions granted by other jurisdictions. This is because there may be certain conditions that apply to the import and use of exempted products in Australia.

Importers who import non-compliant products for the purpose of export, must have an exemption in place before they import the product.

Applications should be made through our Online Services platform and the application fee paid at the time of lodgement. All applicants will need to register for the Online Services: Apply for an exemption.

Details of the exemption categories can be found in Section 30 of the Product Emission Standards Rules 2017.

The emission standards only apply to new, complete, spark-ignition engines with maximum engine power of 19 kW or less in non-road equipment or new, complete, spark-ignition propulsion marine engines. Importing parts, such as blades and cutters, are not captured by the emissions standards. Therefore you do not need to apply for a certification or an exemption.

The exemption categories are:

1. For testing, evaluation and display (can’t be sold in Australia)
2. For use by a national security agency
3. For use by an emergency services organisation
4. For use in organised competition only
5. For use as replacement engines, where a compliant alternative is not able to be used.
6. For export to another country

Details of the exemptions can be found in Section 30 of the Product Emission Standards Rules 2017.

Importers need to complete an import declaration. The import declaration for outdoor power equipment and marine engines asks for a certification number (or an exemption number). Importers are required to enter the certification number from the recognised certificate of conformity. We use information provided in the import declaration to ensure importers comply with the import prohibition. Imported products also have labels showing they comply. Importers must keep a record of relevant certification documentation to prove their products have been certified as meeting the standards.

We administer the standards, including compliance, enforcement and education activities. We will respond on a case-by-case basis in accordance with the Act and treat all suspected non-compliance in-confidence during the investigation phase. We will undertake all reasonable action to determine the nature of the potential offence and respond to it, including conducting assessments, investigations and prosecutions as appropriate.

The import prohibition for outdoor power equipment and marine engines commenced on 1 July 2018. The supply prohibition commenced on 1 July 2020.

The Product Emissions Standards Act 2017 is designed to achieve maximum compliance with emissions standards, and to make best use of the Commonwealth’s presence at the border. Under the Act, the Department of Home Affairs provides import data to us to assist us in undertaking its compliance and enforcement activities post-border.

The Australian Government’s overarching cost recovery policy is that, where appropriate, non-government recipients of specific government activities should be charged the costs of those activities. The Australian Government Cost Recovery Guidelines set out the framework for the Commonwealth’s cost recovery activities.

Regulatory charging is appropriate for the standards because the import and supply of these products generates the need for regulation to minimise adverse impacts on human health and the environment.

Information on cost recovery for the standards is available in our cost recovery implementation statement.

The cost of all activities undertaken to administer the standards are recovered from the regulated sector.

A levy applies to products imported into Australia or supplied by local manufacturers for:

• monitoring imports
• monitoring supply
• educating the regulated sector
• enforcement action
• program administration

Fees apply for:

• assessing applications for Australian certification
• assessing applications for exemption from the standards.

Fees for certification and exemption applications commenced 11 January 2018.

The levy commenced 1 July 2018.

The levy is charged on emissions-controlled products that are:

• imported into Australia
• manufactured domestically and supplied to the Australian market

This includes certified products that meet the standards and products imported under an exemption.

The levy is calculated using the levy rate, the high-value item threshold, and the low-value levy threshold.

The levy rate is a percentage of product value. For imported products, product value is the product's customs value and the amount paid for overseas freight and overseas insurance (excludes GST). For products that are manufactured domestically, product value is the price or market value of the product when it is first supplied (excluding GST).

The high-value item threshold caps the amount of levy that can be charged per product.

The low-value levy threshold is the cumulative product value you must exceed before being required to pay levy. If the value of products you have imported or manufactured during the financial year is below the low-value levy threshold you will not be charged levy.

The current levy rate is 0.33% of product value.

The high-value item threshold is $10,000, which means the levy is only charged on the first $10,000 of a product's value. The maximum levy charged per product is $33.

The low levy threshold is set at $44,000. If the value of products you have imported or manufactured during the financial year is below $44,000 you will not be charged levy.

From 2018-19 to 2020-21, the levy rate was 0.45% of product value, with a high-value item threshold of $20,000 and the low levy threshold set at $32,000.

The levy recovers the cost of administering the standards from importers according to responsibility for regulatory effort. The costs of regulating imported ECPs are driven by:

• the number of lines of import data scrutinised by the department
• the quantity of ECPs imported
• the number of importers in the market
• the number of suppliers in the market

Customs value capped by the high-item threshold is an equitable and reliable way of sharing scheme costs between importers.

The levy is paid annually, due 30 November in the following financial year.

When you have exceeded the low-levy threshold we will notify you of your obligation to pay the levy after the end of the financial year.

After the end of the financial year you will be sent a notice of levy liability. This notice provides an opportunity for you to review your import data before a levy invoice is issued.

The invoice will be issued after the finalised amount is calculated on 1 October.

Payment of the levy invoice is due 30 November.

You will have received a notice of liability because you or your customs broker have declared the goods as emissions-controlled products by responding yes to the relevant community protection question. If this is not correct, it is important that you revise your import declaration with the Department of Home Affairs, prior to 1 October of each year, as you will otherwise be liable to pay the levy.

The prescribed application fees for the Australian certification and exemptions are as follows:

No. GST is not payable on the application fees.

The application fees are made into the Department’s bank account. You will be invoiced after you have submitted your application via our Online Services portal.

Payment will be accepted by credit card through our Online Services portal.

We will not assess applications for Australian certification or exemptions until application fees are paid in full and all required information has been submitted.

Online Services is a secured portal where industry and the community can do business with us knowing their personal information is protected.

People can use their password to log into their personal accounts where they can edit their contact information, manage and track the progress of any application they have made to us, and make secure online payments. Applications can be started and saved for completion at a later time. The system provides for automatic generation of invoices, receipts and notifications.

Using the Online Services system will streamline the assessment of an application and reduces the costs for administering the emissions standards. The cost recovery arrangements published in the Cost Recovery Implementation Statement rely on using the Online Services system to support the application process.

Yes, users are required to use Online Services is to apply for certifications and exemptions under the product emissions standards. If you are unable to register and log into the Online Services system, or if you have any questions about using Online Services, you should contact us on 1800 920 528.