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Semarnat Publishes Accords by Means of which it Extends the Suspension of Terms for Purposes of Acts and Administrative Procedures due to the Pandemic 

by Daniel Del Rio Loaiza, Ricardo Evangelista, Mariana Arrieta

Published: May, 2020

Submission: May, 2020

 



In April 2020, SEMARNAT published the Accord by means of which the public is made aware of the days that will be considered as non-business days for purposes of the acts and administrative procedures. This was substantiated before the Ministry of the Environment and Natural Resources and its administrative decentralized organs, except the specified applications and procedures, accord which entered into force as of May 4, 2020, (herein after “SEMARNAT Accord") was published by the Federal Official Gazette (DOF-Spanish acronym).


SEMARNAT Accord sets forth as non-business days the period running from May 4 and until May 29. Nevertheless, the following applications, proceedings, actions and procedures, are exempted with regard to the suspension of terms:


i. Forestry, enabling a schedule between 10:00 and 14:00 hours during May 7, 12, 14, 19, 21, 26 and 28, for the Directorate General of Forestry Management and Land, as well as the Representation Offices (Federal Delegations), their respective Citizen Contact offices and the Citizen Contact office located at Av. Progreso No. 3, delCarmen, Coyoacan Town Hall, Zip Code 04010, Mexico City, for the following procedures:


SEMARNAT-03-020-A Request for forest referrals to prove the legal origin of forest raw materials. Modality A. For the first time.
SEMARNAT-03-020-B Request for forest referrals to prove the legal origin of forest raw materials. Modality B. Subsequent application.
SEMARNAT-03-061-A Forest re-shipment request to prove the legal origin of forest raw materials. Modality A. For the first time.
SEMARNAT-03-061-B Forest re-shipment request to prove the legal origin of forest raw materials. Modality B. Subsequent application.
SEMARNAT-03-033 Phytosanitary Import Certificate / Phytosanitary requirements sheet for the import of forest raw materials, products and by-products.
SEMARNAT-03-046 Phytosanitary certificate for export or re-export.


ii. In matters of chemical substances and hazardous wastes subject to international treaties, enabling a schedule between 10:00 and 14:00 hours during May 7, 12, 14, 19, 21, 26 and 28, for the Directorate General of Comprehensive Management of Risky Materials and Activities, as well as its respective Citizen Contact office located at Av. EjercitoNacional No. 223, Anahuac, Miguel Hidalgo Town Hall, Zip Code 11320, Mexico City, for the following procedures:


SEMARNAT-07-015 Authorization to import pesticides, plant nutrients, toxic or dangerous substances and materials.
SEMARNAT-07-016 Authorization for the export of hazardous materials.
SEMARNAT-07-021 Notice of imported materials under temporary regime and return of hazardous wastes.
SEMARNAT-07-029 Authorization for Transboundary Movement of Hazardous Wastes and Other Wastes provided for in International Treaties.


iii. In matters of Environmental Impact, resulting of the essence to start, and where applicable, continue with the activities and works of the following priority projects: (a) Felipe Cardenas General Airport, (b) Ecological Park Texcoco Lake, (c) Mexico City’s Airport System, (d) Mayan Train, (e) Guadalajara Train, (f) Development of the Tehuantepec Isthmus, (g) projects related with the maintenance and preservation of highways as well as those under construction, (h) projects corresponding to the completion of dams and canals as well as purification plants and plants for the treatment of wastewaters, (i) the Urban Improvement Program, and (j) the generation of electric energy with the modernization of the generation plants and hydroelectric plants.


Based on the above, a schedule between 10:00 and 14:00 hours during May 7, 12, 14, 19, 21, 26 and 28 is enabled, for the Directorate General of Environmental Impact and Risk, as well as its respective Citizen Contact office located at Av. EjercitoNacional No. 223, Anahuac, Miguel Hidalgo Town Hall, Zip Code 11320, Mexico City, for the following procedures:


SEMARNAT-04-001 Reception, evaluation and resolution of the Preventive Report.
SEMARNAT-04-002-A Reception, Evaluation and Resolution of the Environmental Impact Assessment in its Private Modality. Mode A. Does not include highly risky activity.
SEMARNAT-04-002-B Reception, Evaluation and Resolution of the Environmental Impact Assessment in its Private Modality. Mode B. Includes highly risky activity.
SEMARNAT-04-003-A Reception, Evaluation and Resolution of the Environmental Impact Assessment in its Regional Modality. Mode A. Does not include highly risky activity.
SEMARNAT-04-003-B Reception, Evaluation and Resolution of the Environmental Impact Assessment in its Regional Modality. Mode B. Includes highly risky activity.
SEMARNAT-04-005 Notice of withdrawal of Environmental Impact Authorization.
SEMARNAT-04-006 Exemption from the presentation of the environmental impact assessment.
SEMARNAT-04-007 Notice of no requirement of Environmental Impact Authorization.
SEMARNAT-04-008 Modifications of works, activities or deadlines and terms established to projects authorized in environmental impact matters.
SEMARNAT-04-009 Notice of change of titleship of the Environmental Impact Authorization.
SEMARNAT-09-001-B Unified procedure to change the use of forest land. Mode B.


In addition, SEMARNAT informs that the electronic system for the submission, evaluation and resolution of Environmental Impact Assessments and derived procedures (“MIA-E”) continues operating, solely for the priority projects referred to above.


To such extent, the following applications may be submitted electronically:


SEMARNAT-04-001 Reception, evaluation and resolution of the Preventive Report.
SEMARNAT-04-002-A Reception, Evaluation and Resolution of the Environmental Impact Assessment in its Private Modality. Mode A. Does not include highly risky activity.
SEMARNAT-04-002-B Reception, Evaluation and Resolution of the Environmental Impact Assessment in its Private Modality. Mode B. Includes highly risky activity.
SEMARNAT-04-003-A Reception, Evaluation and Resolution of the Environmental Impact Assessment in its Regional Modality. Mode A. Does not include highly risky activity.
SEMARNAT-04-003-B Reception, Evaluation and Resolution of the Environmental Impact Assessment in its Regional Modality. Mode B. Includes highly risky activity.
SEMARNAT-04-006 Exemption from the presentation of the environmental impact assessment.


iv. In matters of biological-infectious hazardous wastes, for the proper management of said wastes, which are generated by patients and health sector units, and since the procedures related with such require special and immediate attention; a schedule between 10:00 and 14:00 hours during May 7, 12, 14, 19, 21, 26 and 28 is enabled, for the Directorate General of Comprehensive Management of Risky Materials and Activities, as well as its respective Citizen Contact office located at Av. EjercitoNacional No. 223, Anahuac, Miguel Hidalgo Town Hall, Zip Code 11320, Mexico City, for the following procedures:


SEMARNAT-07-017 Record as a hazardous waste generator.
SEMARNAT-07-022-A Extension of authorizations for handling, storage and import and export of hazardous waste. Modality A. Extension of authorizations for hazardous waste management.
SEMARNAT-07-031 Modification to the records and authorizations in matters of hazardous wastes.
SEMARNAT-07-033-A Authorization for the management of hazardous waste. Modality A. Collection Centers.
SEMARNAT-07-033-F Authorization for the management of hazardous waste. Modality F. Incineration.
SEMARNAT-07-033-I Authorization for the management of hazardous waste. Modality I. Transportation.
SEMARNAT-07-033-J Authorization for the management of hazardous waste. Modality J. Collection and transport systems for micro generators.


v. In matters of air emissions, under the responsibility of the Directorate General of Air Quality and Emission Record and Pollutants Transfer, the electronic system for the usual reception of the procedure SEMARNAT-05-001 Annual Operating Certificate (“COA”), remains operational.


For the COA, the electronic mail addresses [email protected], [email protected], [email protected] & [email protected] are enabled for the clarification of any query, as well as the COAweb System, in a schedule between 09:00 and 18:00 during all business days running from May 4 to May 29, for its submission.


vi. In matters of exploration and extraction of hydrocarbons; distribution and public sale of natural gas; distribution and public sale of liquified petroleum gas; and distribution and public sale of petroleum, enabling a schedule between 10:00 and 15:00 hours and between 16:00 and 19:00 hours of May 6, 13, 20 and 27, of the Attention Area for the Regulated Activities of the National Agency of Industrial Safety and Environment Protection of the Hydrocarbon Sector (“ASEA” for its acronym in Spanish), located at Boulevard Adolfo Ruiz Cortines No. 4209, Jardines en la Montaña, Tlalpan Town Hall, Zip Code 14210, Mexico City; for purposes of all administrative acts related to each and all procedures and proceedings under the jurisdiction of ASEA’s Industrial Management Unit, related with the regulated activities of the Hydrocarbon Sector.


vi. In matters of Natural Protected Areas:


Activities and terms foreseen in the Accord by means of which the Rules for the Operation of the Conservation Program for the Sustainable Development (PROCEDES), 2020 Tax Year, published in the DOF on December 28, 2019, are not suspended.


Activities and terms foreseen in the Guidelines for the Execution of the Program for the Protection and Restoration of the Ecosystems and Species at Risk (PROREST), of the Technical Studies Components for the Management of Natural Protected Areas and Community Conservation of Natural Protected Areas, 2020 Tax Year, published on the webpage of the National Commission of Natural Protected Areas on February 28, 2020, are not suspended.


viii. In matters of procedures of acquisitions, leases and services and in matters of public works and services related with the later, activities and terms will not be suspended for the procedures on this topic, as well as the formalization of the corresponding legal instruments; which execution are of extreme urgency or result necessary of the continuity of the operations for the compliance of the essential functions of SEMARNAT and its decentralized administrative organs. Based on the later, the terms and deadlines on this topic will continue its due course and will continue operating as per the respective legal dispositions.


For its part, on April 30, 2020 as well, SEMARNAT published in the evening edition of the DOF the Accord by means of which the suspension of terms period to continue with the home visits or cabinet reviews due to the impediment of the authority to continue the exercise of powers of verification, as well as the terms and deadlines of procedures other than the above, substantiated by the General Coordination of Collections and Audit and the Directorates of Collections and Audit in the Basin Organizations of the National Water Commission, is extended, due to unforeseen circumstances or force majeure caused by the pandemic caused by the coronavirus COVID-19, same that would enter into force as of May 5, 2020, (herein after “CONAGUA Accord”).


The CONAGUA Accord establishes that, for purposes of the audit procedures, consisting of home visits and cabinet reviews that, in exercise of their powers, are being carried out by the General Coordination of Collections and Audit and by the Directorates of Collections and Audit of the Basin Organizations of the National Water Commission (“CONAGUA”); the suspension of the terms for its continuation is extended until May 30, in accordance with the provisions of article 46-A, second paragraph, section VI, of the Federal Tax Code (“CFF”).


Once the suspension is concluded it will be understood that any act, requirement, request or promotion conducted before CONAGUA must be conducted on the following business day.


In relation with the diverse proceedings provided pending on the basis of articles 192-E, 230-A, 236-B, 286-A of the Federal Rights Law (“LDF”); 22, 22-A, 22-D, 23, 34, 41, 63, 66, 66-A, 67 and 74 of the CFF; as well as of the Rules that establish the methodology to determine the volume of efficient use of National Waters referred to in the Actions Program foreseen in article transitory sixth of the Decree by means of which diverse dispositions of the Federal Rights Law are reformed, added and repealed, published on November 18, 2015, published in the DOF on February 22, 2016; and as per article 365 of the Federal Code of Civil Procedures, supplementary applied in terms of the second paragraph; the suspension period for the terms and deadlines foreseen for the abovementioned legal dispositions is extended, by reason of unforeseen circumstances or force majeure, until May 30. 2020.


The lawyers of the Environmental Law, National Waters and Climate Change Practice will continue to monitor and inform you of any new developments in this subject and are at your service to clarify any query you may have over these topics.


Daniel Del Río
[email protected]


Ricardo Evangelista
[email protected]


Mariana Arrieta
[email protected]


 



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