Submission

Agave Production in Jalisco

Submission ID: SEM-23-003
Party concerned: Mexico
Date filed: April 11, 2023
Submission Status: Open

Latest Update: July 26, 2023

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 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.

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

Submission Timeline

April 11, 2023

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

Submission - Submission authored by Submitter(s) on 11/04/2023

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 11/04/2023

May 11, 2023

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 11/05/2023

June 22, 2023

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

Submission - Submission authored by Submitter(s) on 21/06/2023

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 27/06/2023

July 26, 2023

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 26/07/2023