SEMARNAT: New amendments to the Resolution, due to the COVID-19 health emergency

 Professional related: Gabriel Calvillo   |      July 3rd, 2020

Amendments to the resolution published on May 29, 2020 by the Ministry of Environment and Natural Resources, due to the COVID 19 health emergency.

As a follow up of the Resolution published in the Federal Official Gazette on May 29, 2020, the Ministry of Environment and Natural Resources (“SEMARNAT"), published a new Resolution (the “Resolution") which modifies certain dispositions of the prior Resolution published on May 29, in relation to the extension of the suspension period for acts and administrative procedures carried out by SEMARNAT, since June 1, 2020 until the sanitary authority considers that the is no epidemiological risk of the gradual, cautious and order return to the activities related to the Federal Public Administration. In that regard, during such period the legal timeframe for filings, administrative acts and procedures will not be running before SEMARNAT.

Any action, request, filing or application submitted before SEMARNAT and its administrative agencies will be in effect until the following first business day to the conclusion of the aforementioned term.

The Resolution modifies articles third, fourth and adds a new article sixth, as follows:

  • Requests, acts and procedures in regard of the priority projects and related to the economic essential activities are exempted from the suspension of legal timeframe.
  • Such exemption includes the inspection and verification acts executed by the Federal Attorney's Office for Environmental Protection (“PROFEPA"), for the essential activities and acts to guarantee the right to a healthy environment.
  • The following matters are exempted from the suspension:
  1. Forestry, including forestry land use change authorizations, forestry management and the technical unified opinion, inscription to the National Forestry Registry, among others.
  2. Environmental Impact (including the Technical Unified Opinion), only for the essential economic activities (construction industry, mining and the fabrication of transportation equipment) and works of the following priority projects: Aeropuerto General Felipe Ángeles, Parque Ecológico Lago de Texcoco, Sistema Aeroportuario de la Ciudad de México, Tren Maya and the generation of electricity for the modernization of Plants and hidroelectryc industry, among others.
  3. Biohazard wastes, registries of services providers and authorizations for their management.
  4. Air Emissions, submission of the Annual Operation Card, Air Emissions License and Operation license.
  5. Hydrocarbon sector, exploration and extraction of hydrocarbons, distribution and commercialization of natural gas, distribution and commercialization of liquefied petroleum gas, and distribution and commercialization of petroleum derivatives. All of them, acts and procedures competence of the Industrial Management Direction of the National Agency for Industrial Safety and Environmental Protection of the Hydrocarbons Sector (“ASEA")
  6. Federal Maritime Terrestrial Zone, application for concessions, extensions and/or modification of limits and requirements and, construction of works permit.
  7. Wildlife, authorization for the import, export, extractive use, among others.
  8. Transboundary movements of hazardous materials and wastes.
  9. New Vehicle Certificates and Environmental Certificates.
  10. Hydraulic Infrastructure.
  11. Natural Protected Areas, and,
  12. Procedures for acquisitions, leases and services regarding public works and related services.

The Resolution provides the hours and special offices for the filing of such procedures. In addition, it promotes the use of electronic media, so the applications, filings and notifications can be carried out via such system. The Resolution entered into force on July 2, 2020. For further reference, please visit the link that access to the Resolution.

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