Amendments to the dumping in the Mexican Marine Zones Act

 Professional related: Gabriel Calvillo , Paula Pérez   |      April 15th, 2020

On April 13, 2020, a Decree was published in Mexico’s Federal Official Gazette in order to amend, add and eliminate certain provisions set forth in the Dumping of Wastes in the Mexican Marine Zones Act (the “Decree”).

The Decree amends the definition of "dumping in Mexican marine zones" in order to specifically determine what should and should not be considered as dumping, in accordance with the provisions set forth in Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes of the year 1996, last amended on 2006. It introduces a new provision to exempt the application of the aforementioned Dumping Act, to the disposal or storage of wastes that result directly from the exploration, exploitation and offshore treatment of mineral resources from the seabed or subsoil, or that are related to such activities. However, in the case of wastes that due to its proportions and characteristics can represent an adverse environmental impact to the marine environment, based on the precautionary principle in environmental matters, the competent authority must have the favorable opinion of the Secretary of the Navy before the issuance of an authorization for its disposal or storage within Mexican marine areas, following the provisions of the Official Mexican Standards that will be issued for this purpose. The Decree establishes that the Industrial Safety and Environmental Protection of the Hydrocarbon Sector Federal Agency (“ASEA”), will have the jurisdiction to determine jointly with the Secretary of the Navy, specific coordination mechanisms for the exercise of their respective functions of regulation and supervision.

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