| Montreal, 28/05/2002 – Today the Secretariat of the North American Commission for Environmental Cooperation (CEC) presented to the Parties of the North American Agreement on Environmental Cooperation (NAAEC) the overall fact-finding plan to develop a factual record on the Molymex II submission (SEM-00-005), as requested by the CEC Council. In accordance with Council Resolution 02-03, the execution of the overall plan will begin no earlier than 12 June 2002. According to Article 15(4) of the NAAEC, in preparing a factual record "the Secretariat shall consider any information furnished by a Party and may consider any relevant technical, scientific or other information (a) that is publicly available; (b) submitted by interested nongovernmental organizations or persons; (c) submitted by the Joint Public Advisory Committee; or (d) developed by the Secretariat or by independent experts."
The Molymex II submission was filed with the CEC on 6 April 2000 by the Sonoran Academy for Human Rights (Academia Sonorense de Derechos Humanos) and Domingo Gutiérrrez Mendívil. The Submitters contend that Mexico is failing to effectively enforce its environmental law with respect to the Molymex, S.A. de C.V. plant (Molymex) in Cumpas, Sonora, Mexico. Molymex produces molybdenum trioxide. According to the submission, its operations violate environmental law, allegedly causing harm to human health and the environment.
On 20 December 2001, in light of Mexico's response, the Secretariat recommended to Council that a factual record be prepared to cover various aspects raised in the submission, which merit additional review. In particular, the Secretariat concluded that a review is warranted regarding Mexico's enforcement of environmental impact assessment obligations, zoning for industrial land use and limits on SO2 concentrations in ambient air, with respect to Molymex. On 17 May 2002, the Council instructed the Secretariat to prepare a factual record as recommended by the Secretariat.
Under Article 14 of NAAEC, the Secretariat may consider a submission from any person or nongovernmental organization asserting that a Party to NAAEC is failing to effectively enforce its environmental law. Where the Secretariat determines that the NAAEC Article 14(1) criteria are met, it may then proceed with a process that can lead to the development of a factual record on the matter. In accordance with Article 15(2) of NAAEC, the Secretariat shall prepare a factual record if the Council, by a two-thirds vote, instructs it to do so.
The CEC was established under NAAEC to address environmental issues in North America from a continental perspective, with a particular focus on those arising in the context of liberalized trade. The CEC Council, the organization's governing body, is composed of the environment ministers (or equivalent) of Canada, Mexico and the United States.
Please visit the Citizen Submission on Enforcement Matters page for more information.
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