Summary of the matter addressed in the submission:

The Submitter asserts that Mexico is failing to effectively enforce its environmental law with respect to the operation, closure and dismantling of a paint pigment manufacturing plant operated by BASF Mexicana, S.A. de C.V. (BASF) in Cuautla, in the state of Morelos.

In submission SEM-06-004 (Ex Hacienda El Hospital III), the Submitter reiterates assertions contained in submission SEM-06-003 (Ex Hacienda El Hospital II), to which the Secretariat requested a response from Mexico on 30 August 2006. In addition, he alleges that the Federal Attorney General for Environmental Protection (Procuraduría Federal de Protección al Ambiente-Profepa) did not act upon learning the results of its own sampling efforts and of third-party studies revealing soil contamination allegedly caused by BASF.

Summary of the response provided by the Party:

In its response, Mexico asserts that it ordered soil assessment and restoration actions, that it applied sanctions to BASF, and that it ordered the closing of the building occupied by the company. It further states that it followed up on the recommendations contained in an environmental audit and that it gave timely attention to citizen complaints filed in relation to Ex Hacienda El Hospital. The response asserts that the owner of the building occupied by BASF obstructed the site restoration process.

Invoking NAAEC Article 14(3)(a), Mexico maintains that the Secretariat should give no further consideration to the submission because it is the subject of a pending administrative proceeding. Mexico indicates that information concerning criminal law enforcement in relation to BASF was not provided to the Secretariat because it is confidential.

Names and citations of the environmental laws in question:

Articles 414, 415 (paragraph I), 416 (paragraph I), 420 quater and 421 of the Federal Penal Code (Código Penal Federal -CPF).

Articles 4, 5, 6, 134, 135, 136, 139, 140, 150, 151, 151 bis, 152, 152 bis, 160, 161, 162, 167, 167 bis, 167 bis 1, 167 bis 3, 167 bis 4, 168, 169, 170, 170 (paragraph III), 170 bis, 171, 172 173, 174, 191, 192 and 193 of the General Law of Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente-LGEEPA).

NOM-052-ECOL/93

NOM-053-ECOL/93

Articles 68, 69, 75, 78, 101, 103 and 106 of the General Law for Waste Prevention and Comprehensive Management (Ley para la Prevención y Gestión Integral de Residuos - LGPIR).

Articles 8 (paragraphs II, III, VI, VII and IX), 14, 15 (paragraphs II, VII) and 17 (paragraph II) of the hazardous waste regulation (Reglamento de Residuos Peligrosos).

Articles 29 (paragraph VI) and 119 (paragraphs VI, V

Submitter(s):

Mr. Roberto Abe Almada