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CITIZEN SUBMISSION UPDATE: The Secretariat of the Commission for Environmental Cooperation (CEC) has informed the Council of the CEC that it considers the development of a factual record to be warranted with respect to a Submission on Enforcement Matters relating to an abandoned lead smelter in Mexico.
The submission (SEM-98-007), brought forward by the Environmental Health Coalition, et. al., alleges that Mexico has failed to effectively enforce its environmental law (Articles 170 and 134 of LGEEPA) in connection with an abandoned lead smelter in Tijuana, Baja California, Mexico, that allegedly poses serious threats to the health of the neighboring community and to the environment.
Another assertion of the submission, alleging that Mexico failed to enforce Article 415 of the Federal Criminal Code by failing to extradite the owners of the lead smelter, was determined not to warrant further review under this process.
The Secretariat informed the Council of these determinations on 6 March 2000 and is now, 30 days later, able to provide public notification of this fact, in accordance with section 10.2 of the Guidelines for submissions under Article 14 of the NAAEC (North American Agreement on Environmental Cooperation).
Under Article 14 NAAEC, the Secretariat may consider a submission from any person or nongovernmental organization asserting that a Party to the NAAEC is failing to effectively enforce its environmental law. Where the Secretariat determines that the NAAEC Article 14(1) criteria are met, it may then proceed with a process that can lead to the development of a factual record on the matter.
The CEC was established under the NAAEC to address environmental issues in North America from a continental perspective, with a particular focus on those arising in the context of liberalized trade. The CEC Council, the organization's governing body, is composed of the environment ministers of Canada, Mexico and the United States.
For further information, please consult the CEC web site:
Submissions on Enforcement Matters Unit
Tel: (514) 350-4300
Commission for Environmental Cooperation
393, rue Saint-Jacques Ouest
Bureau 200
Montréal (Québec) Canada
H2Y 1N9
Fax: (514) 350-4314
