| Montreal, 6/06/1996 – The Secretariat of the Commission for Environmental Cooperation -- otherwise known as the NAFTA Environment Commission -- is recommending to the environment ministers of the NAFTA countries that a “factual record” be prepared in response to a petition alleging failure to enforce environmental laws concerning the environmental impact assessment procedures for the construction of pier and port facilities in Cozumel, Mexico.
This is the first time that a petition to the NAFTA environment commission has resulted in a recommendation to prepare a factual record. A factual record is a presentation of the facts based on information provided by the government, the petitioners and the public at large.
Under Article 14 of the North American Agreement on Environmental Cooperation (NAAEC), any person or organization may file a petition with the Secretariat of the CEC alleging that one of the NAFTA countries is failing to effectively enforce its environmental law.
The petition was filed by the Mexican Center for Environmental Law, the Grupo de los Cien and the Natural Resources Protection Committee. Concerned over potential damage to the Paraiso Reef in Cozumel, the groups claim that the Mexican government issued permits for the construction and operation of new pier and port facilities on Cozumel Island without complying with the legally-required environmental impact study process.
In its response to the petition, the Mexican government sought to refute the allegations raised in the petition and contends that the project fully complies with all applicable environmental laws. The government also questions the decision made by the Secretariat to accept the petition and request a response from the Mexican government.
The Secretariat sends its recommendation to the CEC Council of Ministers, composed of Canadian Environment Minister Sergio Marchi, U.S. EPA Chief Carol Browner and Mexican Secretary of the Environment Julia Carabias. The Council must approve the preparation of a factual record by a two-thirds vote. If a factual record is prepared, the Council may make it publicly available within 60 days after the Secretariat submits it to the Council.
The CEC, which is funded equally by the three NAFTA partners, is based in Montreal, Canada. | 
