Submission

Summary of the matter addressed in the submission:

The Submitter asserts that agave production, as a resource-intensive industry, results in extensive land-use change and deforestation in Jalisco, which in turn contributes to desertification in already semi-arid areas of the state, major landslides and flooding in some municipalities, and aquifer depletion.

The Submitter also maintains that wastewater from the tequila manufacturing process, known as “vinazas,” is not being adequately managed, leading to its infiltration into the subsoil, unauthorized discharge into the Zula River, and consequently, deteriorating water quality. The Submitter is concerned that no tequila factories have effective systems to adequately treat the vinazas, and that Mexico is failing to enforce its environmental laws to protect water quality.

Summary of the response provided by the Party:

In its response, the Party states that the Ministry of Environment and Natural Resources (Secretaría de Medio Ambiente y Recursos Naturales—Semarnat), through its administrative units and decentralized agencies, carries out the appropriate actions to address the lack of effective enforcement of environmental laws.

Regarding the issue of deforestation and desertification due to agave planting in the State of Jalisco, Mexico asserts that the actions taken in the areas of forestry, agricultural soil, and ecological management, among others, have significantly reduced the area of agave planting and harvesting in the State.

On the other hand, regarding the alleged failure to enforce environmental laws governing the treatment of wastewater from the tequila manufacturing process (still wash), the Party points out that this has been the subject of several administrative proceedings; that the related public complaints have been followed up in a timely manner; that a criminal investigation was initiated; and that there are pending administrative proceedings.

Considering that the resolution of pending administrative proceedings may contribute to resolving the issue raised in the submission, Mexico asks the Secretariat to terminate the submission process, in accordance with article 24.27(4)(a).

Names and citations of the environmental laws in question:

The Submitter cites the Mexican Constitution, the General Law of Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente), National Water Law (Ley de Aguas Nacionales), Agrarian Law (Ley Agraria), and Mexican Official Standard NOM-EM-037-FITO-2002.

Submitter(s):

Name withheld pursuant to Article 16(1)(a) of the ECA