NATIONAL REGISTRY OF GREENHOUSE GAS AND COMPOUND EMISSIONS.
On October 10, 2012, the General Law on Climate Change ("LGCC") became effective nationwide.
The LGCC creates the National Registry of Emissions ("RENE") and obliges individuals ("Reportable Establishments") to submit, on an annual basis, a report of the emissions of greenhouse gases and compounds ("CyGEI") that they generate, directly or indirectly, when they are located in the following cases:
a) That belong to one of the following productive sectors:
Energy.
Transportation.
Industrial.
Agriculture.
Waste.
Trade and Services.
b) That their annual direct or indirect C&GHG emissions are equal to or greater than 25,000 tons of carbon dioxide equivalent.
Since 2015, compliance with this obligation has been progressively implemented. Initially, Reportable Facilities were only required to self-determine their CyGEI emissions and report them to RENE; however, during 2018 and 2019, most of the Reportable Facilities will be additionally required to submit their reports to the verification of a Certification Body approved by the Federal Attorney's Office for Environmental Protection ("PROFEPA").
The LGCC provides for penalties of up to $ 265,080.00 pesos for reporting entities that fail to file a report with the RENE and up to $ 883,600.00 pesos for those that submit incorrect information.
To calculate the C&GHG emissions generated by a given facility, direct emissions (i.e., those produced by burning fossil fuels used for the development of the activities) and indirect emissions (produced during the generation of the electrical energy consumed) must be taken into account. In some cases, for the calculation of emissions, the consumption of all the facilities used for the development of the activity must be considered.
As an example, the annual consumption of eight million liters of diesel; ten million liters of gasoline; 42,000.00 MWh of electric energy; or a combination of all of them, would trigger the obligation to file a C&GHG report with the RENE.
Companies such as banks, airlines, hotels, couriers, transportation, hospitals, educational institutions, among others, may be required to file this report.
ATTENTIVELY
| Daniel del Río | delrio@basham.com.mx |
| Ricardo Evangelista | revangelista@basham.com.mx |
| Mariana Arrieta | marrieta@basham.com.mx |
Mexico City, September 10, 2018
