| Montreal, 28/11/2003 – On 21 November 2003, the Secretariat of the Commission for Environmental Cooperation (CEC) received Mexico's response to submission SEM-03-006/Cytrar III, which was submitted to the Secretariat on 15 August by the Academia Sonorense de Derechos Humanos, AC, and Domingo Gutiérrez Mendívil (the "Submitters").
The submission asserts that Mexico is failing to effectively enforce its environmental law in connection with the establishment and operation of a hazardous waste landfill owned by Cytrar, S.A. de C.V. ("Cytrar") near the city of Hermosillo, Sonora. The Submitters claim that the landfill was operated without an environmental impact authorization; does not comply with design specifications regarding cell construction; and was used to dispose of hazardous waste that, according to the Submitters, should have been returned to its country of origin. The Submitters assert that these actions have caused damage to human health and the environment of the nearby towns. They also assert that the environmental authorities did not undertake the applicable legal proceedings with respect to Cytrar's alleged violations, and have not allowed access to information on the disposal of imported hazardous waste.
Mexico responds to all the Submitters' assertions. It claims that the environmental impact authorization provisions on which the Submitters rely were not in force at the time authorization for the landfill was originally sought. As regards the storage of imported hazardous waste, Mexico states that Cytrar was not the importer of that waste and that it had the required disposal authorization. With respect to the alleged failure to take legal action in regard to alleged crimes against the environment, the Party responds that after investigations it determined that there was no basis for criminal charges. In addition, the response asserts that the denuncia popular filed by the Submitters was resolved when the complainants were informed of the penalties levied against Cytrar for detected irregularities. Finally, with respect to access to information, the Party claims to have notified the Submitters that their request was forwarded to the department that has the information requested.
In its response, Mexico states that it considers that it has effectively enforced its environmental law, in that it refused to renew Cytrar's operating permit because of detected irregularities and has requested a landfill closure plan. According to the Party, these actions gave rise to an arbitration claim by Cytrar's investment partner, TECMED, against Mexico before the International Centre for Settlement of Investment Disputes. Mexico claims that in May 2003, the arbitration tribunal ruled that by refusing to renew Cytrar's operating permit, Mexico violated its obligations under its Agreement for the Reciprocal Promotion and Protection of Investments with Spain. Mexico was required to pay US$5,533,017.12, plus interest. Mexico asserts that the site known as Cytrar will be remediated in full once Mexico has paid the arbitral award.
Pursuant to Article 15(1) of the North American Agreement on Environmental Cooperation, the Secretariat must now notify the CEC's Council whether it considers that the submission, in light of Mexico's response, warrants developing a factual record.
The CEC was established under the 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 top environment officials of Canada, Mexico and the United States.
Please visit the Citizen Submission on Enforcement Matters page for more information.
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