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SEMARNAT EXTENDS THE SUSPENSION OF DEADLINES FOR THE EFFECTS OF ADMINISTRATIVE ACTS AND PROCEDURES SUBSTANTIATED BEFORE SAID SECRETARIAT, DUE TO THE PANDEMIC CAUSED BY THE COVID-19 VIRUS.

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Mexico City, June 8, 2020.

 

On May 29, 2020, SEMARNAT published, in the Evening Edition of the Official Gazette of the Federation (DOF) the Agreement whereby the general public is informed of the days that will be considered as non-working days for the purposes of administrative acts and procedures conducted by the Ministry of the Environment and Natural Resources and its decentralized administrative bodies, with the exceptions indicated therein.The agreement became effective as of June 1, 2020 (hereinafter referred to as the "SEMARNAT Agreement").

The SEMARNAT Agreement establishes that the days running from June 1, 2020, and until the health authority determines that there is no epidemiological risk related to the opening, in a gradual, cautious and orderly manner, of the activities related to the Federal Public Administration, shall be considered as non-working days.. This does not imply the suspension of work.

On the other hand, the following formalities, diligences, actions and procedures are exempted for purposes of the deadlines and terms of the law:

 

I. At forestry matters, schedules will be available from 10:00 a.m. to 2:00 p.m. on Thursdays, starting June 2, 2020.The following procedures are available for the General Directorate of Forestry and Soil Management, as well as the Representative Offices (Federal Delegations), their respective Citizen Contact Space offices, as well as the Citizen Contact Space office located at Av. Progreso number 3, Colonia del Carmen, Alcaldía Coyoacán, Postal Code 04010, in Mexico City, for the following procedures:

    • SEMARNAT-02-001 Request for Authorization of land use change in forest land.
    • SEMARNAT-03-003-B Authorization to harvest timber forest resources on forest or preferably forest land. Modality B. Forest harvesting in tropical forests larger than 20 hectares, harvesting of forest species of difficult regeneration and in natural protected areas in private properties.
    • SEMARNAT-03-003-C Authorization to harvest timber forest resources on forest or preferably forest land. Modality C. Exploitation of timber forest resources in ejidos and agrarian communities.
    • SEMARNAT-03-003-D Authorization to harvest timber forest resources on forest or preferably forest land. Modality D. Forest harvesting in tropical forests larger than 20 hectares, harvesting of forest species that are difficult to regenerate and in Natural Protected Areas, in ejidos and agrarian communities.
    • SEMARNAT-03-005 Notice for the use of non-timber forest resources.
    • SEMARNAT-03-008-A Authorization to carry out commercial forest plantations. Modality A. In preferably forested lands in areas larger than 800 hectares.
    • SEMARNAT-03-013 Authorization to advance the felling plan, alter the approved schedule or modify the forest management program.
    • SEMARNAT-03-020-A Request for forestry referrals to prove the legal origin of forestry raw materials. Modality A. For the first time.
    • SEMARNAT-03-020-B Request for forestry referrals to prove the legal origin of forestry raw materials. Modality B. Subsequent procedure.
    • SEMARNAT-03-033 Phytosanitary Import Certificate/Sheet of phytosanitary requirements for the importation of forest raw materials, products and by-products.
    • SEMARNAT-03-041-A Notice of commercial forest plantation. Modality A. Presented by owners and possessors of the resource or by third parties with assignment of rights.
    • SEMARNAT-03-046 Phytosanitary Certificate for export or re-export.
    • SEMARNAT-03-052 Authorization for the harvesting of non-timber forest resources.
    • SEMARNAT-03-056-A Application for Renewal of the authorization to harvest timber resources at the end of a cutting cycle. Modality A. Without automatic authorization.
    • SEMARNAT-03-056-B Request for Renewal of the Authorization for the Exploitation of Timber Resources at the End of a Cutting Cycle. Modality B. With Automatic Authorization.
    • SEMARNAT-03-061-A Application for forest re-shipments to prove the legal origin of forest raw materials. Modality A. For the first time.
    • SEMARNAT-03-061-B Application for forest re-shipments to prove the legal origin of forest raw materials. Modality B. Subsequent procedure.
    • SEMARNAT-03-064 Unified procedure for forest harvesting.
    • SEMARNAT-03-066 Unified procedure for change of forest land use Modality A.

 

II. In the matter of chemical substances and hazardous wastes subject to international treaties, schedules will be available from 10:00 a.m. to 2:00 p.m. on Tuesdays and Thursdays as of June 2, 2020.The following procedures can be carried out at the General Directorate for the Integral Management of Hazardous Materials and Activities, as well as its respective Citizen Contact Space office located at Av. Ejército Nacional 223, Colonia Anáhuac, Alcaldía Miguel Hidalgo, Postal Code 11320, in Mexico City, for the following procedures:

    • SEMARNAT-07-029 Authorization for Transboundary Movement of Hazardous Wastes and Other Wastes foreseen in International Treaties.

The following procedures may be entered electronically:

    • SEMARNAT-07-015 Authorization for the importation of pesticides, plant nutrients, toxic or hazardous substances and materials.
    • SEMARNAT-07-016 Authorization for the export of hazardous materials.
    • SEMARNAT-07-021 Notice of imported materials of temporary regime and return of hazardous waste.

 

III. In terms of environmental impact, it is essential to initiate and, as the case may be, continue with the activities related to the construction, mining and transportation equipment manufacturing industries, as well as the works of the following priority projects: (a) General Felipe Angeles Airport, (b) Lake Texcoco Ecological Park, (c) Mexico City Airport System, (d) Mayan Train, (e) Guadalajara Train, (f) Development of the Isthmus of Tehuantepec, (g) projects related to the maintenance and conservation of highways and those under construction, (h) projects related to the completion of dams and canals as well as water treatment plants and wastewater treatment plants, (i) the Urban Improvement Program, and (j) the generation of electricity through the modernization of plants and hydroelectric plants.

For the above reasons, schedules will be available from 10:00 a.m. to 2:00 p.m. on Tuesdays and Thursdays as of June 2, 2020.The following procedures can be carried out at the Dirección General de Impacto y Riesgo Ambiental, as well as its respective office of Espacio de Contacto Ciudadano located at Av. Ejército Nacional 223, Colonia Anáhuac, Alcaldía Miguel Hidalgo, Postal Code 11320, in Mexico City, for the following procedures:

    • SEMARNAT-04-001 Receipt, evaluation and resolution of the Preventive Report.
    • SEMARNAT-04-002-A Reception, Evaluation and Resolution of the Environmental Impact Statement in its Particular modality. Modality A. Does not include highly risky activity.
    • SEMARNAT-04-002-B Reception, evaluation and resolution of the Environmental Impact Statement in its particular modality. Modality B. Includes highly risky activity.
    • SEMARNAT-04-003-A Receipt, evaluation and resolution of the Regional Environmental Impact Assessment. Mode A. Does not include highly risky activity.
    • SEMARNAT-04-003-B Receipt, evaluation and resolution of the Environmental Impact Statement in its Regional modality. Modality 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 statement.
    • SEMARNAT-04-007 Notice of no environmental impact authorization requirement.
    • SEMARNAT-04-008 Modifications to the work, activity, or terms and conditions established for projects authorized for environmental impact.
    • SEMARNAT-04-009 Notice of change of ownership of the environmental impact authorization.
    • SEMARNAT-09-001-B Unified procedure for change of forest land use. Modality B.

SEMARNAT also informs that the system for the entry, evaluation and resolution of Environmental Impact Statements and derived procedures in electronic form ("MIA-E") continues to operate, only for the core activities and priority projects indicated above.

In this sense, the following procedures may be entered electronically:

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

 

IV.In the matter of hazardous biological-infectious waste (RPBI), for the adequate management of such waste generated by patients and in the health sector units, and given that the procedures related to such waste require special and immediate attention; schedules will be available from 10:00 a.m. to 2:00 p.m. on Tuesdays and Thursdays as of June 2, 2020.The following procedures can be carried out at the General Directorate of Integral Management of Hazardous Materials and Activities, as well as its respective office of the Citizen Contact Space located at Av. Ejército Nacional 223, Colonia Anáhuac, Demarcación Territorial Miguel Hidalgo, Postal Code 11320, in Mexico City, for the following procedures:

    • SEMARNAT-07-017 Registration of hazardous waste generators.
    • SEMARNAT-07-022-A Extension for authorizations for handling, storage, import and export of hazardous waste. Modality A. Extension of hazardous waste management authorizations.
    • SEMARNAT-07-031 Modification of hazardous waste registrations and authorizations.
    • SEMARNAT-07-033-A Authorization for hazardous waste management. Mode A. Collection centers.
    • SEMARNAT-07-033-F Authorization for hazardous waste management. Mode F. Incineration.
    • SEMARNAT-07-033-I Authorization for hazardous waste management. Modality I. Transportation.
    • SEMARNAT-07-033-J Authorization for hazardous waste management. Modality J. Collection and transportation systems for micro generators.

 

V. In the matter of atmospheric emissions, in charge of the General Directorate of Air Quality Management and Registry of Emissions and Pollutant Transfer, the electronic system for the regular reception of the SEMARNAT-05-001 Annual Operation Card ("COA") remains in operation, under the terms indicated in the applicable legislation.

For the COA process, e-mail addresses are enabled sinatec@semarnat.gob.mx, coa@semarnat.gob.mx, rene@semarnat.gob.mx y sgpa.coa@semarnat.gob.mx for the clarification of any doubts, as well as the System COAwebThe opening of the Federal Public Administration, from 09:00 to 18:00 hours during working days from June 1, 2020 and until the health authority determines that there is no epidemiological risk related to the opening, in a gradual, cautious and orderly manner, of the activities related to the Federal Public Administration, for admission.

 

VI. In matters of exploration and extraction of hydrocarbons; distribution and sale to the public of natural gas; distribution and sale to the public of liquefied petroleum gas; and distribution and sale to the public of petroleum products, opening hours will be from 10:00 a.m. to 3:00 p.m. and from 4:00 p.m. to 6:00 p.m. on Wednesdays as of June 3, 2020.of the Area of Attention to the Regulated of the National Agency of Industrial Safety and Environmental Protection of the Hydrocarbons Sector ("ASEA") located at Boulevard Adolfo Ruíz Cortines number 4209, Colonia Jardines en la Montaña, C.P. 14210, Demarcación Territorial Tlalpan, in Mexico City; in order to carry out the administrative actions inherent to each and every one of the formalities and procedures under the jurisdiction of ASEA's Industrial Management Unit., related to the regulated activities of the Hydrocarbon Sector.

 

VII. For obtaining new vehicle certificates and environmental certificates, opening hours from 9:00 a.m. to 2:00 p.m. on Mondays, Wednesdays and Fridays, starting June 1, 2020The following procedures can be carried out at the offices of the Federal Attorney's Office for Environmental Protection (PROFEPA), located at Camino al Ajusco No. 200, Colonia Jardines de la Montaña, C.P. 14210, Demarcación Territorial Tlalpan, Mexico City, and through the SAAEL Online Environmental Audit System:

    • PROFEPA-03-005. Review, evaluation and, if applicable, certification of new vehicles in plant, related to official standards NOM-042-SEMARNAT-2003 (air emissions), NOM-044-SEMARNAT-2017 (air emissions), NOM-076-SEMARNAT-2012 (air emissions), NOM-079-SEMARNAT-1994 (noise emissions) and NOM-082-SEMARNAT-1994 (noise emissions).
    • PROFEPA-02-001-A Obtaining an Environmental Certificate, Modality A Pre-application environmental audit, without action plan.
    • PROFEPA-02-001-C Obtaining an Environmental Certificate, Modality C Environmental Audit subsequent to the environmental certificate application, with action plan.
    • PROFEPA-02-002-A Application for the renewal of an environmental certificate, Modality A Renewal by Environmental Diagnosis Report.
    • PROFEPA-02-002-B Application for the Renewal of an Environmental Certificate (Renewal by Environmental Performance Report), Modality B Renewal by Environmental Performance Report, related to Mexican standard NMX-AA-162-SCFI-2012 (Environmental Audit).

 

VIII. In matters of hydraulic infrastructure, opening hours from 9:00 a.m. to 6:00 p.m. on Mondays, Wednesdays and Fridays, starting June 1, 2020The following procedures may be carried out at the offices of the Subdirección General Técnica de la Comisión Nacional del Agua (CONAGUA) located at Avenida Insurgentes Sur 2416, Copilco El Bajo C.P. 04340, Demarcación Territorial Coyoacán in Mexico City, as well as at CONAGUA's offices in the states (Basin Organizations and Local Directorates):

    • CONAGUA-02-002. Permit to carry out hydraulic infrastructure works.

For the purposes of the aforementioned procedure and with the objective of carrying out the acts, procedures and notifications corresponding to this procedure.The Con@gua en Líne@ System is enabled to operate during the above-mentioned hours. However, for the acts, procedures and personal notifications of this proceeding the above-mentioned schedule is available at the offices previously indicated.

 

IV. In the matter of Natural Protected Areas:

    • There will be no suspension of the activities and deadlines provided for in the Agreement establishing the Rules of Operation of the Conservation Program for Sustainable Development (PROCODES), Fiscal Year 2020.published in the DOF on December 28, 2019.
    • The activities and deadlines set forth in the terms and conditions of this document shall not be suspended. Guidelines for the Implementation of the Program for the Protection and Restoration of Ecosystems and Species at Risk (PROREST), of the Components of Technical Studies for the Management of Natural Protected Areas and Community Conservation in Natural Protected Areas, Fiscal Year 2020.published on the website of the National Commission of Natural Protected Areas on February 28, 2020.

 

X. In matters of procurement procedures, leasing and services and in matters of public works and services related thereto, the activities and deadlines foreseen in the procedures under this item, as well as the formalization of the corresponding legal instruments, will not be suspended.The execution of such actions is of extreme urgency or necessary for the continuity of operations for the fulfillment of the essential functions of SEMARNAT and its decentralized administrative bodies. Therefore, in this matter, the legal terms and deadlines will run normally and will continue to operate in accordance with the provisions of the corresponding regulations.

 

On May 29, 2020, SEMARNAT published in the evening edition of the Official Gazette of the Federal Gazette the Agreement extending the period of suspension of deadlines to continue home visits or desk reviews due to the impediment of the authority to continue the exercise of verification powers, as well as the deadlines and terms of procedures other than the above, substantiated by the General Coordination of Collection and Control and the Directorates of Collection and Control in the Basin Organizations of the National Water Commission, due to acts of God or force majeure caused by the pandemic disease caused by the coronavirus COVID-19.The same became effective on the 30th of the same month and year (hereinafter referred to as the "CONAGUA Agreement").

The CONAGUA Agreement establishes that, for the purposes of the inspection procedures, consisting of home visits and desk reviews that the General Coordination of Collection and Inspection and the Collection and Inspection Departments of the Basin Organizations of CONAGUA are carrying out in the exercise of their duties; the suspension of the deadlines for its continuation is extended from June 1, 2020.and until the new Agreement to be published in the DOF enters into force, once the health authority determines that there is no epidemiological risk related to the opening, in a gradual, cautious and orderly manner, of the activities related to the Federal Public Administration, in accordance with the provisions of the Agreement establishing a strategy for the reopening of social, educational and economic activities, as well as a traffic light system by regions to evaluate weekly the epidemiological risk related to the reopening of activities in each federal entity, as well as establishing extraordinary actions. and Article 46-A, second paragraph, section VI, of the Federal Fiscal Code ("CFF").

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

In connection with the various proceedings in process provided for in Articles 192-E, 230-A, 236-B, 236-A, 286-A of the LFD; 22, 22-A, 22-D, 23, 34, 41, 63, 66, 66-A, 67 and 74 of the CFF; as well as the Rules establishing the methodology for determining the volume of efficient use of national waters referred to in the Actions Program provided for in the sixth transitory article of the Decree amending, adding and repealing various provisions of the Federal Law on Duties, published on November 18, 2015.published in the DOF on February 22, 2016; and pursuant to article 365 of the Federal Code of Civil Procedures, applied supplementarily in terms of the second paragraph of article 5 of the CFF, the period of suspension of the deadlines and terms contained in the aforementioned legal precepts is extended, due to acts of God or force majeure, from June 1, 2020 and until the new agreement referred to in the preceding paragraph is published..

 

Finally, on June 4, 2020, the SEMARNAT published the Agreement whereby days and hours are authorized for the Industrial Supervision, Inspection and Surveillance Unit of the National Agency for Industrial Safety and Environmental Protection of the Hydrocarbons Sector, in order to carry out the administrative acts inherent to the procedures of its competence that are indicated. ("ASEA Agreement"), which became effective on the same date.

The ASEA Agreement:

  • Enable from 10:00 a.m. to 3:00 p.m. on Thursdays, starting June 4, 2020.The ASEA, located at Boulevard Adolfo Ruiz Cortines No. 4209, Col. Jardines en la Montaña, C.P. 14210, Mexico City, for the Industrial Supervision, Inspection and Surveillance Unit to continue with the proceedings related to the administrative procedures in which any of the safety and urgent enforcement measures contemplated in the following paragraphs have been imposed and executed:
  1. The Law of the National Agency for Industrial Safety and Environmental Protection of the Hydrocarbons Sector;
  2. The General Law of Ecological Balance and Environmental Protection; and
  3. The Federal Law on Metrology and Standardization.

The foregoing, in terms of Article 13 of the Internal Regulations of the ASEA and Article Two of the Agreement whereby the Heads of the Industrial Management Unit and the Industrial Supervision, Inspection and Surveillance Unit of the ASEA are delegated the powers and duties indicated, which was published in the DOF on March 29, 2016.

  • Enable from 10:00 a.m. to 3:00 p.m. on Thursdays, starting June 4, 2020.The ASEA's Industrial Supervision, Inspection and Oversight Unit, in order to give continuity to the supervision attributions, by means of information requirements, regarding compliance with:
  1. The General Law for the Prevention and Integral Management of Waste;
  2. General Administrative Provisions;
  3. The Regulations of the General Law for the Prevention and Integral Management of Waste;
  4. Mexican Official Standards; and
  5. The agreements under the purview of the ASEA.

The foregoing, in terms of Article 13 of the Internal Regulations of the ASEA and Article Two of the Agreement whereby the Heads of the Industrial Management Unit and the Industrial Supervision, Inspection and Surveillance Unit of the ASEA are delegated the powers and duties indicated, which was published in the DOF on March 29, 2016.

The aforementioned acts may be notified Monday through FridayThe Company is a party to the Mexican Federal Administrative Procedure Law, in accordance with Article 35, Section II, of the Federal Administrative Procedure Law.

For the purpose of answering any questions related to the ASEA Agreement, the following e-mail addresses have been set up: reportes@asea.gob.mx y contacto@asea.gob.mx, as well as the telephone number (55) 9126-0111.

 

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 matter and are at your disposal to clarify any doubts you may have on these issues.

 

A T T E N T A M E N T,

 

Daniel Del Rio

delrio@basham.com.mx

 

Ricardo Evangelista

revangelista@basham.com.mx

 

Mariana Arrieta

marrieta@basham.com.mx