SEM-16-001
Council voted to instruct the Secretariat to make the final factual record publicly available.
Status: Closed
The Submitter asserts that Mexico is failing to effectively enforce its climate change and air quality laws in relation to the burning of agricultural waste.
The Submitter, an individual in Mexico, asserts that every year an estimated 100 metric tons of agricultural waste is being burned on nearly 13,000 hectares of agricultural land in the vicinity of Caborca, Sonora. The Submitter maintains that this activity generates pollution following the harvesting of asparagus and that the matter has been communicated to Mexico's Ministry of the Environment and Natural Resources (Semarnat) and the Federal Attorney for Environmental Protection (Profepa).
In relation to the enforcement of provisions governing air quality measurement, Mexico states that while the municipality of Caborca lacks air quality measurement systems, the municipal authorities have arranged with the asparagus growers for a range of activities to address the problem of air pollution, including consent for inspector access to burn areas, determination of burning acreages and schedules, an agreement on monetary contributions per hectare burned, and the possibility for the municipality of Caborca to impose sanctions.
On the alleged lack of approval for crop residue burning, Mexico asserts that the Caborca municipal council issued permits and approvals for open-air burning of plant matter for the 2015-2016 season.
As regards the alleged harm to public health caused by the open-air burning, Mexico maintains that studies on this matter have concluded that the health effects noted in the municipality are related to low temperatures.
Finally, Mexico states that Mexican Official Standard NOM-015-Semarnat/Sagarpa-2007, Establishing technical specifications for fire use methods on forested land and agricultural land, is not applicable to the matter raised by the Submitter and that its enforcement is limited to land which, by virtue of its location, could influence the occurrence of forest fires. Mexico asserts that this is not the case of the agricultural land in the municipality of Caborca.
Mexico's climate change and air quality laws in relation to the burning of agricultural waste.
Identity of submitter withheld pursuant to Article 11(8)(a)
Submission - Submission authored by Submitter(s) on 21/01/2016
Acknowledgement - Communication to Submitter(s) authored by Secretariat on 22/01/2016
Determination - Secretariat Determination under Article 14 (1) authored by Secretariat on 02/03/2016
Submission - Submission authored by Submitter(s) on 29/04/2016
Acknowledgement - Communication to Submitter(s) authored by Secretariat on 02/05/2016
Determination - Secretariat Determination under Article 14 (1) and 14 (2) authored by Secretariat on 13/06/2016
Party Response - Response from the Party under Article 14 (3) authored by Mexico on 05/09/2016
Other Documents - Response from the Party under Article 14 (3) authored by Individual or entity named in Submission on 05/09/2016
Acknowledgement - Other document authored by Secretariat on 06/09/2016
Other Documents - Response from the Party under Article 14 (3) authored by Mexico on 05/09/2016
Recommendation - Secretariat Notification to Council under Article 15(1) authored by Secretariat on 27/02/2017
Resolution - Council decision concerning the development of a Factual Record authored by Council on 09/06/2017
Workplan - Overall workplan for Factual Record authored by Secretariat on 16/06/2017
Document related to the preparation of a Factual Record - Secretariat request for information for Factual Record authored by Secretariat on 07/07/2017
Resolution - Council decision on whether the factual record will be made publicly available authored by Council on 17/09/2018
Final Factual Record - Final Factual Record authored by Secretariat on 17/09/2018