Submission

Tren Maya

Submission ID: SEM-22-002
Party concerned: Mexico
Date filed: July 21, 2022
Submission Status: Open

Latest Update: December 1, 2022

The Secretariat determined that the submission met the criteria of Article 24.27(2), and requested a response from the concerned government Party in accordance with Article 24.27(3).

Summary of the matter addressed in the submission:

The Submitters assert that Mexico is failing to effectively enforce its environmental laws to assess the environmental impacts related to the Tren Maya project (Segment 5-South) located in the state of Quintana Roo, Mexico.

The Submitters assert that the project did not undergo an adequate environmental impact assessment (EIA) process as required for this type of infrastructure project. In particular, the Submitters claim that Mexico failed to uphold the preventive nature of the EIA, asserting that by fragmenting the project in several segments, it fails to consider significant cumulative, synergic, direct, indirect and residual environmental impacts. The Submitters maintain that inadequate soil and geophysical studies fail to consider the fragility of the Yucatán Peninsula’s karst and soil, resulting in elevated risks of infrastructure sinking and fuel transportation accidents. The submission also points to the lack of risk assessment of fuel and maintenance shops and the failure to consider endangered species in the area.

Names and citations of the environmental laws in question:

The Submitters cite several national and international legal instruments, including the Mexican Constitution, the Escazu Agreement, the Pact of San José, the Protocol of San Salvador, the Rio Declaration, the General Law of Ecological Equilibrium and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente); the General Law of Sustainable Forestry Development (Ley General de Desarrollo Forestal Sustentable); the General Wildlife Law (Ley General de Vida Silvestre), and the National Waters Law (Ley de Aguas Nacionales).

Submitter(s):

MOCE Yax Cuxtal, A.C., Grupo Gema del Mayab, A.C., Jaguar Wild Center, Red de Capacitadores Socio Ambientales, Selvame del Tren, Cenotes Urbanos, and 19 individuals

Submission Timeline

July 21, 2022

The Secretariat began reviewing the submission under Articles 24.27(2) and (3).

Submission - Submission authored by Submitter(s) on 21/07/2022

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 21/07/2022

August 22, 2022

The Secretariat notified the Submitter(s) that the submission did not meet all the Article 24.27(2) and (3) criteria, and that the Submitter(s) has 60 days to submit a revised submission.

Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 22/08/2022

October 21, 2022

The Secretariat received a revised submission and began to analyze it.

Submission - Submission authored by Submitter(s) on 21/10/2022

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 24/10/2022

November 16, 2022

The Council, the Party or the Secretariat provided a written explanation that it is unable to meet an applicable deadline.

Other Documents - Other document authored by Secretariat on 16/11/2022

Other Documents - Other document authored by Secretariat on 16/11/2022

December 1, 2022

The Secretariat determined that the submission met the criteria of Article 24.27(2), and requested a response from the concerned government Party in accordance with Article 24.27(3).

Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 01/12/2022