SECRETARY FOR ENVIRONMENT AND NATURAL RESOURCES
Federal Environmental Responsibility Law and reform, add and repeal various provisions of the General Law of Ecological Balance and Environmental Protection, of the General Law of Wildlife, of the General Law for the Prevention and Integral Management of Waste, the General Law on Sustainable Forest Development, the National Water Law, the Federal Criminal Code, the Maritime Navigation and Trade Law, and the General Law on National Goods.
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
ENRIQUE PEÑA NIETO, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
FEDERAL LAW ON ENVIRONMENTAL LIABILITY IS EXPECTED AND VARIOUS PROVISIONS OF THE GENERAL LAW OF ECOLOGICAL BALANCE AND PROTECTION OF THE ENVIRONMENT, OF THE GENERAL LAW OF LIFE, ARE ADDED AND REPEALED. WILDLIFE, GENERAL LAW FOR THE PREVENTION AND COMPREHENSIVE MANAGEMENT OF WASTE, THE GENERAL LAW OF SUSTAINABLE FOREST DEVELOPMENT, THE LAW OF NATIONAL WATERS, THE FEDERAL PENAL CODE, THE LAW OF MARITIME NAVIGATION AND COMMERCE AND THE LAW GENERAL OF NATIONAL GOODS.
ARTICLE FIRST.- The Federal Environmental Responsibility Law is issued.
FEDERAL ENVIRONMENTAL LIABILITY LAW
Of environmental responsibility
Article 1o.- This Law regulates the environmental liability arising from damage caused to the environment, as well as the repair and compensation of such damages when it is payable through the Federal judicial proceedings provided for by Article 17 of the Constitution, alternative dispute settlement mechanisms, administrative procedures and those that correspond to the commission of crimes against the environment and management environmental.
The precepts of this order are article 4o regulations. Constitutional, public order and social interest and aim to protect, preserve and restore the environment and ecological balance, to guarantee human rights to a healthy environment for the development and welfare of any person, and the liability generated by the damage and environmental deterioration.
The environmental liability regime recognizes that the damage caused to the environment is independent of the property damage suffered by the owners of the natural elements and resources. Recognizes that sustainable national development must consider economic, social and environmental values.
The judicial process provided for in this Title shall be directed to the determination of environmental liability, without prejudice to the processes to determine other forms of liability that proceed in terms of property, administrative or criminal.
Article 2o.- For the purposes of this Law, the following definitions will be included, as well as those provided for in the General Law of Ecological Balance and Environmental Protection. and international treaties of which Mexico is a Party. It is understood by:
I. Activities considered to be highly risky: Activities involving the generation or handling of substances with corrosive, reactive, radioactive, explosive, toxic, flammable or biologic-infectious characteristics in terms of provided by the General Law of Ecological Balance and Protection of the Environment;
II. Equivalence criterion: Compulsory line to guide environmental compensation and repair measures, which involves restoring natural elements and resources or environmental services by others of the same characteristics;
III. Damage to the environment: Loss, change, deterioration, impairment, adverse and measurable effects of habitat, ecosystems, natural elements and resources, their chemical, physical or biological conditions, interaction between these, as well as the environmental services they provide. This definition shall be in accordance with the provisions of Article 6. of this Act;
IV. Indirect damage: It is that damage that in a causal chain does not constitute an immediate effect of the act or omission that is imputed to a person in terms of this Law;
V. Causal chain is the sequence of cause and effect influences of a phenomenon that is represented by related links;
VI. Indirect damage shall not be considered to exist, where the resulting conduct and the result attributed to it are caused by the fact that a third party is completely determining the damage. This derogation shall not operate if the third party works for instructions, on behalf or on behalf, with knowledge, consent or under the protection of the person identified as responsible;
VII. The indirect damages covered by this Law shall be exclusively related to the environmental effects of the conduct imputed to the person responsible;
VIII. Base State: Condition in which the habitat, ecosystems, natural elements and resources, interaction relationships and environmental services would have been found, at the moment immediately prior to the damage and not having been produced;
IX. Fund: The Environmental Responsibility Fund;
X. Law: The Federal Environmental Responsibility Act;
XI. Environmental laws: The General Law of Ecological Balance and Environmental Protection, the General Law of Wildlife, the General Law for the Prevention and Integral Management of Waste, the General Law of Sustainable Forest Development, the Law of Maritime Navigation and Trade, the Law of National Waters, the Law of Climate Change, and the General Law of National Goods; as well as those orders whose object or provisions relate to the preservation or restoration of the balance environmental protection and the protection of the environment or its elements;
XII. Alternative mechanisms: Alternative dispute settlement mechanisms, such as mediation, conciliation and other mechanisms that allow people to prevent conflicts, or where appropriate, to solve them, without the need for intervention by the courts, except in order to ensure the legality and effectiveness of the convention adopted by the participants and their compliance;
XIII. Attorney General's Office: The Federal Attorney General's Office;
XIV. Economic sanction: The payment imposed by the judicial authority to criminalize harmful, harmful conduct in order to achieve a general and special prevention and to inhibit in the future prohibited behaviors;
XV. Secretariat: The Secretariat for Environment and Natural Resources, and
XVI. Environmental services: The functions that an element or natural resource plays for the benefit of another natural resource, habitat, ecosystem or society.
Article 3o.- The definitions of this Law, as well as the form, prelation, scope, levels and alternatives of the repair and compensation of the damage to the environment that are foreseen, shall be applicable to:
I. Conventions, procedures and administrative acts signed or substantiated in accordance with the environmental laws and international treaties of which Mexico is a Party;
II. The judicial procedure for environmental liability provided for in this Law;
III. The interpretation of the Criminal Law in the field of environmental crimes and environmental management, as well as the criminal proceedings initiated in relation to them;
IV. The alternative dispute settlement mechanisms provided for in the Laws, and
V. The Law of Amparo, Regulatory of Articles 103 and 107 of the Political Constitution of the United Mexican States.
Article 4o.- The action and the procedure to enforce the environmental liability referred to in this Title may be exercised and substantiated independently of the responsibilities and the administrative procedures, civil and criminal proceedings from.
Article 5o.- Work dolously who, knowing the harmful nature of their act or omission, or foreseeing as possible a harmful outcome of their conduct, wants or agrees to perform such act or omission.
Article 6o.- No damage to the environment shall be deemed to exist when the impairment, loss, affectance, modification or deterioration is not adverse by virtue of:
I. Having been expressly stated by the responsible and explicitly identified, delimited in their scope, evaluated, mitigated and compensated by conditioning, and authorized by the Secretariat, prior to the conduct of the conduct which originates, through the assessment of the environmental impact or its preventive report, the authorisation of change of use of forest land or some other type of analogous authorisation issued by the Secretariat; or that,
II. Do not exceed the limits provided for by the provisions that in your case provide for environmental laws or official Mexican standards.
The exception provided for in section I of this article shall not operate, when the terms or conditions of the authority issued by the authority are not met.
Article 7o.- For the purpose of granting certainty and inducing economic agents to bear the costs of damage caused to the environment, the Secretariat shall gradually issue official rules Mexico, which seeks to establish on a case-by-case basis and on the basis of the law of the matter, the minimum quantities of deterioration, loss, change, impairment, affectation, modification and contamination, necessary to consider them as adverse and harmful. To this end, it shall be ensured that these quantities are significant and are considered, inter alia, to the capacity for regeneration of natural elements.
The failure to issue the rules referred to in the preceding paragraph shall not prevent or prevent the person responsible for his or her obligation to repair the damage to his/her base state, taking into account the concept envisaged in Article 2o., fraction III, of this Law.
The persons and the social and business organizations concerned may submit to the Secretariat proposals of the Mexican official standards referred to in this Article, in terms of the The procedure provided for by the Federal Law on Metrology and Standardisation.
Article 8o.- The financial guarantees that have been obtained in accordance with the provisions of article 147 Bis of the General Law of Ecological Balance and Protection of the Environment prior to the moment In the event of damage to the environment, in order to deal with environmental liability, they shall be considered to be an attenuation of the Economic Sanction by the court or tribunal at the time of the sentencing.
The amount of financial guarantees referred to in the preceding paragraph must be specifically and exclusively intended to cover environmental liabilities arising from their activity. economic, productive or professional. The guarantees shall be lodged from the date on which the necessary authorisation to carry out the activity takes effect, and shall be maintained throughout the period of development of the activity.
In terms of the provisions of the General Law of Ecological Balance and Environmental Protection, a National Environmental Risk Insurance System will be integrated.
Article 9o.- As not provided for by this Act, the provisions of the Federal Civil Code and the Federal Code of Civil Procedures shall apply, provided that they do not contravene the provisions of this Law.
Obligations derived from environmental damage
Article 10.- Any natural or moral person who, with his or her action or omission, directly or indirectly causes harm to the environment, shall be liable and be required to repair the damage, or, where the repair is not possible for the environmental compensation to be provided, in the terms of this Law.
In the same way, you will be required to take the necessary actions to prevent any increase in damage to the environment.
Article 11.- The liability for damages caused to the environment shall be subjective, and shall be born of unlawful acts or omissions with the exceptions and assumptions provided for in this Title.
In addition to compliance with the obligations provided for in the previous article, where the damage is caused by an illegal act or omission, the person responsible shall be obliged to pay a penalty economic.
For the purposes of this Law, it will be understood that it works illicitly that performs an active or omitted conduct in contravention of the laws, regulations, Mexican official norms, or authorisations, licences, permits or concessions issued by the Secretariat or other authorities.
Article 12.-Environmental liability will be objective, when damage to the environment comes directly or indirectly from:
I. Any action or omission related to hazardous materials or waste;
II. The use or operation of vessels on coral reefs;
III. The performance of activities considered to be highly risky, and
IV. Those assumptions and behaviors provided for by Article 1913 of the Federal Civil Code.
Article 13.- The repair of the damage caused to the environment will consist in restoring to its State the habitat, the ecosystems, the elements and natural resources, its chemical, physical conditions or biological and interaction relationships that occur between them, as well as the environmental services they provide, by restoring, restoring, treating, recovering, or remediation.
The repair must be carried out at the place where the damage occurred.
Owners or owners of the buildings in which damage to the environment has been caused shall be permitted to be repaired in accordance with this Law. Failure to comply with that obligation shall result in the imposition of the means of award and the criminal liability that corresponds to it.
Owners and holders who are affected by the actions to repair the damage to the environment produced by third parties shall have the right to repeat with respect to the person who is responsible for the damage damage caused to them.
Article 14.- Environmental compensation will proceed by exception in the following cases:
I. Where the full or partial repair of the damage is material or technically impossible, or
II. When the following three assumptions are updated:
(a) That the damage to the environment has been produced by an illicit work or activity that should have been subject to prior assessment and authorization in the field of impact environmental or land use change in forest land;
b) That the Secretariat has subsequently assessed as a whole the illicitly produced damages, and the works and activities associated with such damages to do in the future, and
c) That the Secretariat issue a post-harm authorization, in full evidence that both the works and the illicit activities, and those that will be carried out in the future, they are sustainable, legally and environmentally-based in terms of the provisions of environmental laws and environmental policy instruments.
In the cases referred to in section II of this article, the economic penalty will be imposed without the benefits of reducing the amounts provided for in this Law. Administrative and criminal liability procedures shall also be officially and immediately initiated for persons responsible.
The administrative authorisations provided for in point (c) of this Article shall not be valid until the moment the person responsible has made the environmental compensation, which shall be ordered by the Secretariat by means of conditions in the environmental impact authorisation, and where applicable, of land use change in forest land.
The compensation for land use change in forest land will be carried out in terms of the provisions of the General Law on Sustainable Forest Development.
The property damages and damages suffered may be claimed in accordance with the Federal Civil Code.
Article 15.- Environmental compensation may be total or partial. In the latter case, the same shall be fixed in the proportion where it has not been possible to restore, restore, recover or remedy the good, conditions or interaction of the damaged natural elements.
Article 16.- For damage repair and environmental compensation, the levels and alternatives provided for in this system and environmental laws shall apply. The absence of such provisions shall not be an impediment or an obligation to restore the damage to its base state.
Article 17.- The environmental compensation shall consist of the investment or the actions that the person responsible makes, that generate an environmental improvement, substitute for the total or partial repair of the damage caused to the environment, as appropriate, and equivalent to the adverse effects caused by the damage.
Such investment or actions should be made in the eco-system or ecological region where the damage would have occurred. If this is not possible, the investment or the actions will be carried out in an alternative location, linked to the environment and geographically to the damaged site and to the benefit of the affected community. In the latter case, the criteria on priority damage repair sites, which the Secretariat may issue in terms of the provisions of Section 5, Chapter 3 of this Title, shall apply.
The person responsible may comply with the obligation provided for in this Article by hiring third parties.
Article 18.- The Federal Executive Branch through the Secretariat is empowered to make subsidiary for reasons of urgency or importance, immediate reparation for damages caused by third parties to the environment. Such compensation may be made from the Fund provided for in Section 5, Chapter 3 of this Title.
In such cases, the federal public administration will have to sue the person responsible for the restitution of the economic resources, including the corresponding legal interests, which will be reintegrated into the background.
Article 19.- The financial penalty provided for in this Law shall be ancillary to the repair or compensation of the Damage caused to the environment and shall consist of the payment of an equivalent amount of:
I. From three hundred to fifty thousand days of general minimum wage in force in the Federal District at the time of imposing the sanction, when the person responsible is a natural person, and
II. From mil to six hundred thousand days of general minimum wage in force in the Federal District at the time of imposing the sanction, when the person responsible is a moral person.
This amount will be determined based on damage.
Article 20.- The minimum and maximum amounts of the Economic Santion provided for a moral person, will be reduced to your third party when at least three of the following are credited:
I. That such person has not been previously sentenced in terms of the provisions of this Law; nor is it a repeat offender in terms of the provisions of the Environmental Laws;
II. That their employees, representatives, and those who hold office, command or control positions in their structure or organization have not been sentenced for crimes against the environment or environmental management, committed under the protection of the moral person responsible, for their benefit or with their means;
III. Having counted at least three years prior to the conduct that caused the damage, with an internal control organ dedicated in fact to permanently verify the fulfillment of the obligations of the moral person derived from the Laws, licenses, authorizations, permits or environmental concessions; as well as an internal system of management and environmental training in permanent operation;
IV. To have the financial guarantee that is required in accordance with the provisions of Article 8o. of this Act, and
V. To have one of the certificates as a result of the environmental audit referred to in article 38 BIS of the General Law of Ecological Balance and Protection of the Environment.
Article 21.- If the person responsible is credited with making the payment of an administrative fine imposed by the procuratorate or the National Water Commission, as a result of the execution of the same unlawful conduct that gave rise to its environmental liability, the Judge shall take into account such payment by integrating it in the calculation of the amount of the financial penalty, without being able to exceed the limit for the case in this Law.
The Economic Santion may not be imposed on the natural person who has previously been fined by a criminal judge, because he has performed the same illicit conduct that gives rise to his or her responsibility. environmental.
Article 22.- Whenever the action provided for in this Title is exercised, the imposition of the financial penalty shall be deemed to be in demand. In no case shall the judge fail to condemn the person responsible for this payment, except in the cases provided for in the previous article, where the damage caused to the environment comes from a lawful conduct, or where the judicial recognition of the some voluntary repair agreement arising from alternative dispute resolution mechanisms provided for by this Law.
Article 23.- The financial penalty shall be determined by the judge taking into account the economic capacity of the person responsible for making the payment, as well as the limits, requirements and guarantees provided for in the For the Political Constitution of the United Mexican States, the seriousness of the damage caused and the intentional or negligent nature of the violation, ensuring that the economic benefit obtained, if any, is neutralized and guaranteed Priority shall be given to the amount of the relocations of the actor (s) necessary to accredit the responsibility. In each case, the court shall provide that the financial penalty is clearly sufficient to achieve the general and special prevention and prevention purposes referred to in Article 2 (1) of this Law.
The maximum limit for the amount of the Economic Santion provided for in Article 19 shall not include the payment of the fees made to credit the environmental liability for whom it requires, will be guaranteed at the time of sentencing.
The judge will deduct from the amount corresponding to the payment of the financial penalty by the person responsible, the amount of the erogations that the actor or actors who have tried their claim would have realized for accredit the liability, and the person responsible shall have the obligation to enter it to the court for delivery to them. Payment of such amount shall be preferential for any other obligation.
Article 24.- The moral persons shall be liable for the damage to the environment caused by their representatives, administrators, managers, directors, employees and those who exercise their functional domain operations, when they are omisos or act in the exercise of their functions, in representation or under the protection or benefit of the moral person, or, when they order or consent to the conduct of the harmful conduct.
Persons who avail themselves of a third party, determine or hire them to conduct the conduct causing the damage shall be jointly and severally liable, except in the case of the provision of services of Containment of hazardous waste by undertakings authorised by the Secretariat.
There will be no liability whatsoever, when the damage to the environment has as its sole cause a fortuitous case or force majeure.
Article 25.- The damage caused to the environment shall be attributable to the natural or moral person who omit to prevent them, if the latter had the legal duty to avoid them. In such cases, the damage shall be deemed to be the result of a misnomic conduct, where it is determined that the person who omits to prevent it had the duty to act for this purpose arising from a law, a contract, its quality of guarantor or its own action. precedent.
Article 26.- When it is credited that the damage or affectation was caused by two or more persons, and the precise determination of the damage contributed by each person is not possible, all will be jointly and severally liable for the compensation or compensation which shall be provided, without prejudice, where appropriate, to the right of repetition of each other.
There shall be no joint liability in the terms provided for in this Article, where the person responsible is accredited:
I. It has counted at least three years prior to the conduct that caused the damage, with an internal control organ dedicated in fact to permanently verify the fulfillment of the obligations of the moral person derived from the Laws, licenses, authorizations, permits or environmental concessions; as well as an internal system of management and environmental training in permanent operation;
II. It has some of the certificates as a result of the environmental audit referred to in article 38 BIS of the General Law of Ecological Balance and Environmental Protection, and
III. Have the financial guarantee provided for in Article 8. of this Law.
The corresponding economic penalty will be imposed individually for each of the responsible persons.
Judicial procedure for environmental liability
Of action to demand environmental responsibility
Article 27.- The persons and institutions entitled under Article 28 of this Law may demand environmental liability and compliance with obligations, payments and benefits provided for in this Title, in accordance with the provisions of this Law, the Federal Code of Civil Procedures, or in accordance with federal law governing the judicial procedures referred to in Article 17 of the Constitution Politics of the United Mexican States.
Article 28.- The right and legitimate interest to exercise action and to sue the environmental liability, the repair and compensation of damages caused to the environment, the payment of the Economic Santion, as well as the benefits referred to in this Title to:
I. Natural persons living in the community adjacent to the damage caused to the environment;
II. The non-profit Mexican private moral persons whose social object is the protection of the environment in general, or of any of its elements, when acting on behalf of a resident of the communities provided for in the fraction I;
III. The Federation through the procuratorate, and
IV. Procuratorates or institutions that perform environmental protection functions of federal entities and the Federal District in the field of their territorial division, together with the procuratorate.
The moral persons referred to in part II of this article must prove that they were legally constituted at least three years before the filing of the claim for damages caused to the environment. They shall also comply with the requirements of the Federal Civil Procedure Code.
Legitimized in fractions I and II will also have the right and legitimate interest to claim the payment of the fees they have made to credit environmental liability.
Article 29.- The action referred to in this Title prescribes in twelve years, counted from the day the damage to the environment and its effects occurs.
Except in the cases provided for in Articles 23 and 28 of this Law, neither party shall be liable for payment of costs and court costs.
Article 30.- The Judicial Branch of the Federation will have District courts with special jurisdiction in environmental matters.
In the absence of the above, they will be competent to know the judicial procedures of environmental liability referred to in this Title by the district judges who correspond according to the material.
From anticipatory and precautionary measures
Article 31.- The judicial authority that is aware of the actions and demands referred to in this Chapter must order the Secretariat and the Attorney General's Office to impose immediately the preventive and corrective measures arising in the field of their privileges.
Article 32.- In addition to the provisions of the Federal Code of Civil Procedure, during the procedure the Judge may decree the following precautionary measures:
I. The assurance of documents, books, things, papers and property related to the damages, as well as with the fulfillment of the legal obligations of the defendant, provided for by the environmental laws and international treaties of which Mexico is Part, and
II. The securing or taking of samples of hazardous substances, materials, residues, liquids, contaminants and natural elements related to the damage caused to the environment.
The precautionary measures shall be processed and resolved in accordance with the provisions of the Federal Code of Civil Procedures.
Article 33.-Third owners or holders of the properties in which the damage has been caused shall be obliged to allow the precautionary measures to be resolved by the court. In any case they shall have the right to repeat the person responsible for causing such damage.
Of the test elements
Article 34.- The court may officiously close the means of evidence it deems necessary, without limitation as to those established in law.
The Judge will require the Secretariat and the Attorney General's Office to provide all the expert elements, testimonials, documentaries, and other evidence and evidence with which they have been provided. Public servants shall be obliged to comply with this obligation.
Article 35.- To accredit the facts or circumstances in relation to the base state, the damage caused to the environment, as well as the causal link, the parties and the authorities may use photographs, satellite images, population studies and in general all kinds of elements contributed by the technique and science. Except in cases where the Federal Code of Civil Procedures gives greater probative value, these means of evidence shall constitute evidence.
Article 36.The base status will be determined from the best available information at the time of your assessment.
The causal link between the damage caused and the conduct imputed to the defendant must be proven in the substantiation of the judgment. The judge will consider in his assessment the intrinsic nature of the conduct and the manner in which it has been developed to generate or cause the damage.
Of the statement, execution, and tracking
Article 37.- In addition to the provisions of the Federal Civil Procedure Code, the sentence to be issued must specify:
I. The obligation to environmentally repair the damage that corresponds to it;
II. The obligation to compensate environmentally through the actions that come, in whole or in part;
III. The measures and actions necessary to prevent the damage to the environment from increasing;
IV. The payment of the resulting Economic Santion, as well as the reasoning and justification for why the amount imposed is sufficient to achieve the purposes of general and special inhibition and prevention to which the Article 2, part XI of this Law;
V. The amount to be paid in favour of the actor or actors who have tried their claim, corresponding to the costs incurred to credit the liability, which shall be deducted from the amount determined in the Economic and consigned Section before the Judge in terms of the provisions of Article 23 of this Law, and
VI. Deadlines for compliance with the obligations of the person responsible.
Article 38.- Pursuant to the provisions of the Federal Code of Civil Procedures, once the judgment in the judgment is enforceable, the judge will give the parties a view to within the thirty-day term are pronounced on:
I. The form, terms and levels of environmental material repair of the damage to the environment that are proposed to meet those obligations;
II. The total or partial impossibility of physically repairing the damage, and consequently, the shape, place and scope of the total or partial environmental compensation, and
III. The time limits proposed for compliance with the obligations of the person responsible.
If the parties agree on the provisions of this article, they may make a joint proposal.
Where there is a justified cause for reasons of technical or material complexity to comply with the requirements of fractions I, II and III, the term set out in the first paragraph of this paragraph Article may be extended by the Judge for up to 30 days.
Article 39.-In determining environmental compensation and repair measures, it will be considered:
I. The resource-resource or service-service equivalency criterion;
II. Actions that provide natural resources or Environmental Services of the same type, quality and quantity as damaged;
III. The best technologies available;
IV. Its viability and permanence over time;
V. The cost of applying the measure;
VI. The effect on public health and safety;
VII. The probability of success of each measure;
VIII. The extent to which each measure will serve to prevent future damage and to avoid risks as a result of its implementation;
IX. The extent to which each measure will benefit the damaged ecosystem;
X. The extent to which each measure will take into account the relevant social, economic and cultural interests of the locality;
XI. The time period required for the recovery of the biological cycles that were affected by the damage to the ecosystem;
XII. The extent to which each measure manages to repair the site that has suffered the environmental damage, and
XIII. The geographic linkage to the damaged place.
Article 40.- Once the judge receives the proposals to repair the damage or his compensation as provided for in Article 38 of this Law, it will require the Secretariat to Ten days ' time, I formulated your opinion regarding the suitability and legality of the proposals.
In case one of the parties is omitted, the proposal of the other party will be in place, provided that the other party receives favorable opinion from the Secretariat.
If both parties are to be omitted, or the proposals do not have the favorable opinion of the Secretariat, they will be at the disposal of that dependency. For this purpose, you will be required to make an official proposal within eight days.
The expenses incurred by the Secretariat may be incurred by the Fund provided for in Article 45 of this Law. In such cases, the federal public administration shall be obliged to sue the person responsible for the restitution of the economic resources, including the corresponding legal interests, which shall be reintegrated into that Fund.
If there were several alternatives that could generate the same positive results of repair or compensation, it would be at least onerous for the person responsible.
Article 41.- The deadline for compliance with the obligations under this Law shall be set by the Judge taking into consideration:
I. The nature of the works or acts necessary to repair the damage caused to the environment and, where appropriate, comply with the environmental compensation;
II. What is proposed by the parties, and
III. The opinion or proposal of the Secretariat.
Article 42.- The Attorney General's Office shall assist the judicial authority in verifying compliance with the obligations of the person responsible.
This dependency will inform the Judge bimonthly about the progress made in the execution of the sentences. The parties may express what is appropriate to their right to the failure or failure to implement such a resolution.
Article 43.- In order to safeguard the public interest of the judicial procedure, persons who have active legitimacy must comply with the requirements of the Federal Code of Civil procedures, and shall safeguard the appropriate representation, in accordance with the provisions of that order.
Article 44.- The judgments and conventions arising from the judicial procedure for environmental liability shall be public.
From The Fund
Article 45.- The Environmental Responsibility Fund shall be responsible for the payment of compensation for damage caused to the environment, in cases that for reasons of urgency or importance determine the federal public administration, in addition to the payment of the studies and investigations that the judge requires to make to the Secretariat or the Attorney General's Office during the judicial process of environmental responsibility.
Information regarding the operation of the Fund shall be public in terms of the provisions of the Federal Law on Transparency and Access to Government Public Information.
Article 46.- The Fund shall be under the supervision, supervision and coordination of the Secretariat, and its assets shall be integrated with:
I. The economic penalty referred to in Article 2 (XIV). of this Law, and
II. The other resources you get for any other concept.
The Secretariat will issue the bases and rules of operation of the fund, in which the Attorney General's Office, academic institutions and social organizations will participate.
The Fund's assets will be used exclusively for the repair of the damage to the environment referred to in Article 18 of this Law, as well as those identified in priority sites of compliance with the bases and rules of operation issued by the Secretariat.
The Fund shall be subject to the control, audit, transparency, evaluation and accountability procedures that lay down the applicable legal provisions.
Alternative dispute resolution mechanisms
Article 47.- Everyone has the right to resolve the legal and social controversies caused by the production of environmental damage, through collaborative ways in which privilege the dialogue and facilitate the solution alternatives that are environmentally and socially more positive.
The people who are environmentally responsible and those who are legitimized to act judicially in terms of the First Title of this Law will be able to resolve the terms of the conflict caused by the damage caused to the the environment, through the alternative mechanisms of mediation, conciliation and the others which are appropriate for the peaceful settlement of the dispute, in accordance with the provisions of this Law, or the regulatory provisions of the fourth paragraph of the Article 17 of the Political Constitution of the United Mexican States.
As not provided for in this Title, the provisions of the Federal Code of Civil Procedure shall apply in an additional manner, provided that it does not contravene the provisions of this Law.
Article 48.- May be subject to alternative dispute settlement mechanisms, all or some of the differences between the persons and institutions provided for in the article. prior to, in relation to the facts relating to the damage caused to the environment, the protection of the right to a suitable environment for the development and welfare of the persons, the obligations of repair and environmental compensation, as well as the action, pretensions and withdrawal from the judicial procedure of environmental liability, as long as the moral, the rights of third parties are not affected, nor are the environmental laws, the provisions of public order and the international treaties of which Mexico is a Party.
Article 49.- If during the judicial procedure of environmental liability provided for by the First Title of this Law, and before the final judgment is given, an agreement between the parties, in terms of the provisions of the Alternative Mechanisms referred to in this Chapter; under the agreements and instruments of restorative justice or some other advance form of termination of the criminal proceedings provided for by the Federal Code of Criminal Procedures; or through the planned repair agreement Article 168 of the General Law on Ecological Balance and Protection of the Environment; the Judge who knows the procedure shall acknowledge that agreement on the reparation of the damages and shall give judgment.
The judge will give the Secretariat a view that within eight working days, it will manifest itself on the terms of the agreement, taking care of its suitability and compliance with the provisions of this Law, Environmental laws and international treaties to which Mexico is a Party.
In case the agreement is incorporated into the judgment, the person liable for payment of the Economic Santion provided for in the First Title of this Law shall not be condemned.
It will be the administrative responsibility of the public servants to comply with the requirement within the time limit determined by the judge in this article.
When the agreement is found that compliance can affect the goods of a third party, the judge will seek their agreement. If it is not obtained, it will warn the parties to modify the terms of their agreement.
Article 50.- In case it results in terms of the previous article, an agreement on the repair or voluntary compensation of the damage caused to the environment by the judge will inform the Attorney General's Office to consider such an agreement, which will be understood as the fulfillment of corrective measures and urgent implementation, with the application of administrative benefits for the revocation or reduction of the expected sanctions. in Article 169 of the General Law of Ecological Balance and Protection of the Environment.
Article 51.- Alternative mechanisms that refer to acts constituting crimes against the environment, in respect of which the victim's or the victim's legal disinterest does not proceed. procuratorate, will be regulated in terms of the Third Title of this Law and the Federal Code of Criminal Procedures.
The end of these mechanisms will be to achieve restorative justice, through the participation of the victim or offended and the accused, in order to seek the solution to the controversies arising from the fact crime.
Criminal liability in environmental matters
Article 52.- The provisions of this Title shall apply to criminal conflicts and proceedings arising from the commission of environmental and environmental crimes, compliance with the provisions of the Federal Criminal Code and the Federal Code of Criminal Procedures.
The repair and compensation of damage to the environment, as appropriate in terms of Title Twenty-Fifth of the Federal Criminal Code, shall be carried out in accordance with the provisions of Article 3o. of this Law and the provisions of this Title.
The Public Ministry is obliged to request the repair and compensation of damages caused to the environment.
Article 53.- The Federal Executive and the Congress of the Union will develop comprehensive policies on the prevention of harm to the environment; research, persecution, punishment and general prevention and The Court of the European Court of the European Court of the European Court of the European Court of the European Court of the European Court of Law of the European Union Mexico is a party. For this purpose, the Attorney General's Office and the Attorney General's Office shall issue and publish the respective program.
These policies will be in line with the formulation and conduct of environmental policy and will be carried out within the framework of the National Public Safety System.
Article 54.- Everyone who has knowledge of the commission of an environmental crime may report it directly to the Public Ministry.
In those cases where, as a result of the exercise of their powers, the Secretariat or the Attorney General's Office have knowledge of acts or omissions that may constitute crimes against the environment, they will formulate immediate complaint to the Public Ministry.
The attorney general's office will present the complaints and grant the pardon in cases of crimes against environmental management, taking into account the principles of environmental criminal policy that the Previous article, as well as the provisions of Title II of this Law.
Every public servant is obliged to notify the Public Ministry immediately, the probable existence of a fact that the Law considers to be a crime against the environment, as well as the identity of he may have committed or participated in his commission, transmitting all the information he has in this regard by making the accused available if they have been arrested.
Article 55.- For the purpose of achieving the repair and compensation of damages caused to the environment, the Attorney General's Office shall be the intervener of the Public Ministry, in the terms provided for in the Code. Federal Criminal Proceedings. The above, without prejudice to the intervenance that the victim may make or the offended by himself or through his legal representative.
The Secretariat and the Attorney General's Office will provide the technical or expert opinions required by the Public Ministry or the judicial authorities, on the occasion of the criminal proceedings initiated by the commission of crimes against the environment or environmental management.
Article 56.- Attend to the provisions of the fourth paragraph of Article 4. of the Political Constitution of the United Mexican States, will be considered a victim of the crimes against the environment to every inhabitant person of the community possibly affected by the illicit one when it is constituted as a whistleblower before the Ministry Public.
Article Second. The second paragraph of Article 168 and Article 169 are amended; and three paragraphs are added to Article 168 and one last paragraph to Article 176 of the General Law of Balance Ecological and Environmental Protection, to remain as follows:
GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION
ARTICLE 168.- ...
During the procedure, and before the administrative decision is made, the person concerned and the Federal Office for Environmental Protection, at the request of the former, may agree to carry out for the repair and compensation of damage caused to the environment.
In the administrative conventions referred to in the preceding paragraph, those who are parties to the judicial procedure provided for in the Federal Environmental Liability Act may intervene, provided that of the same violation, facts and damages.
In the formulation and implementation of the agreements, the provisions of Article 169 of this Law, as well as the provisions of the Federal Law on Environmental Responsibility, will be observed. carrying out the methodological examination of the operations of the person concerned referred to in Article 38 Bis, as well as the mitigation and switching of the fines resulting from them. In any event, compliance with the obligations of the infringer shall be ensured in any of the forms provided for in the Tax Code of the Federation.
The conclusion of the agreement shall suspend the administrative procedure and the term for the expiration, from the filing of the application to the authority, and for a period of forty-five days
ARTICLE 169.- The administrative procedure resolution will contain:
I. The penalties to which the person responsible has been awarded;
II. The measures that the person responsible must take to correct the deficiencies, violations or irregularities observed;
III. The recognition of the terms and obligations arising from the agreement provided for in the previous article, and the measures to be carried out by the person responsible for compliance. In this case, the resolution of the procedure will be public, and
IV. The time limits for compliance with the obligations of the infringer resulting from the resolution.
The offender must inform the authorising authority in writing, in detail and within five days of the expiry of the relevant time limit, on the fulfilment of the obligations to referred to in this Article.
The procuratorate may carry out inspections to verify compliance with the infringer's obligations. If the act which is lifted has not been complied with, it may be imposed in addition to the penalties provided for in Article 171 of this Law, an additional fine not exceeding the amount provided for in that provision.
In cases where the infringer carries out corrective or urgent enforcement measures, remedy the irregularities detected, or complies with the obligations arising out of the convention provided for in Article 168, within the time limits ordered or agreed by the Federal Office of the Protection of the Environment, as long as the offender is not a repeat offender, the offender may revoke or modify the sanction or penalties imposed.
In cases where appropriate, the federal authority shall make the knowledge of the Public Ministry the performance of acts or omissions found in the exercise of its powers that may be configured one or more crimes.
ARTICLE 176. ...
The decision of the administrative procedure and the one that falls to the administrative review facility, may be held in court in the courts of the district in administrative matters. Where the decision of the administrative appeal is contested, it shall be understood that the administrative decision under appeal in the part which continues to affect it may be contested simultaneously, and may be valid for the purposes of the contested decision. resource.
ARTICLE THIRD.- The first paragraph of Article 106 is amended; the first paragraph of 107 is repealed; the last paragraph of Article 107 is repealed, and Articles 108 and 109 of the General Life Law are repealed. Wild, to stay as follows:
GENERAL WILDLIFE LAW
Article 106. Without prejudice to any other applicable provisions, any natural or moral person who directly or indirectly causes damage to wildlife or to their habitat is required to repair it or compensate them in accordance with the provisions of the Federal Environmental Liability Act.
Article 107. Any person may report to the Federal Office for Environmental Protection the damage to wildlife or to their habitat for which they are aware.
Article 108. (Repeals).
Article 109. (Repeals).
ARTICLE FOURTH.- 17 and 77 are amended, a paragraph is added to Article 68, of the General Law for the Prevention and Integral Management of Waste, to remain as follows:
GENERAL LAW FOR THE PREVENTION AND COMPREHENSIVE MANAGEMENT OF WASTE
Article 17.- Waste from the mining and metallurgical industry resulting from mining and treatment of minerals such as jales, waste from abandoned leaching yards, as well as Metals from the processes of smelting, refining and processing of metals, which will be defined in a generic way in the regulation as stipulated in article 7 fraction III of this Law, are of federal regulation and competence. Finally, they will be available at the site of their generation; their danger and integral management will be determined in accordance with the applicable Mexican official norms, and will be subject to the management plans provided for in this Law. The exception of this classification is those referred to in Article 19, fraction I of this order.
Article 68. ...
Any natural or moral person who, directly or indirectly, counts a site or causes damage or affectation to the environment as a result of generation, handling or release, discharge, infiltration or Incorporation of hazardous materials or waste into the environment, will be responsible and will be obligated to its repair and, if necessary, to the corresponding compensation, in accordance with the provisions of the Federal Law of Environmental Responsibility.
Article 77.- Actions in the field of site remediation, and repair and compensation for environmental damage, as provided for in this chapter, shall be carried out in accordance with Point out the Regulation, as provided for by the Federal Environmental Responsibility Act.
ARTICLE QUINTO.- The third paragraph is reformed and the fourth paragraph of Article 136 of the General Law on Sustainable Forest Development is repealed to remain as follows:
GENERAL LAW ON SUSTAINABLE FOREST DEVELOPMENT
Article 136. ...
Any natural or moral person who directly or indirectly causes damage to forest resources, ecosystems and their components shall be required to repair or compensate them, in accordance with the provisions of the Federal Law on Environmental Responsibility.
ARTICLE SIXTH.-Part III and IV of Article 14 BIS 4; Article 96 BIS and Article 96 BIS 1 of the National Water Act are reformed to remain as follows:
NATIONAL WATER ACT
ARTICLE 14 BIS 4. For the purposes of this Law and its regulations, they are attributions of "the Attorney General's Office":
I. and II. ...
III. Impose the technical and corrective measures of their competence in the terms of this Law and the General Law of Ecological Balance and Environmental Protection;
IV. Promote actions for the repair or compensation of environmental damage to water-associated ecosystems in the terms of this Law and other applicable legal provisions;
ARTICLE 96 BIS. "The Water Authority" will intervene to fulfill the repair of environmental damage, including damage that will compromise vital ecosystems, and must be subject to its actions in terms of the law, the National Water Law and its Regulation.
ARTICLE 96 BIS 1. Natural or moral persons who discharge waste water, in violation of applicable legal provisions, and who cause contamination in a receiving body, will assume responsibility for repairing or compensating for the environmental damage caused in the the terms of the National Water Act and its Regulation, without prejudice to the application of administrative, criminal or civil penalties to be applied, by removing the pollutants from the affected recipient body and restoring it to the state which saved before the damage occurred.
ARTICLE SEVENTH.- The first paragraph, fraction I and the fifth paragraph of Article 421 are amended; and a sixth paragraph is added to Article 421 of the Federal Criminal Code to remain as follows:
FEDERAL CRIMINAL CODE
Common provisions for environmental crimes
Article 421. In addition to the provisions of the previous chapters of Title Twenty-Fifth, the following penalties and security measures shall be imposed:
I. The repair and, where appropriate, the compensation of damage to the environment, in accordance with the provisions of the Federal Environmental Liability Act;
II. a V. ...
The minimum and maximum prison sentence parameters referred to in this Title shall be reduced by half, when the imputed or processed repair or voluntarily compense the damage to the environment before that such an obligation has been imposed on him by administrative decision or judgment. Such a decrease will also proceed, when the damage is done or guaranteed in terms of the provisions of the Second Title of the Federal Law on Environmental Responsibility.
They will be considered victims with the right to request compensation or compensation for environmental damage and to contribute to the criminal proceedings, to the persons legitimized in accordance with the provisions of the Federal Law of Environmental Responsibility.
ARTICLE EIGHTH.- An article 77 BIS of the Maritime Navigation and Trade Act is added, to remain as follows:
MARITIME NAVIGATION AND TRADE LAW
Article 77 BIS. Any natural or moral person who directly or indirectly causes damage to the marine ecosystems or its components shall be required to repair the damage or to the environmental compensation that comes in accordance with the provisions of the Federal Environmental Responsibility Law.
ARTICLE NINTH.- An article 153 is added to the General Law of National Goods, to be as follows:
GENERAL LAW OF NATIONAL GOODS
ARTICLE 153.- Those who make the use or use of the federal land sea area and the land gained from the sea, without granting permission or permission from the competent authority, directly or indirectly causing damage to the ecosystems or their components, shall be required to repair the damage to the environment, or to the environmental compensation to be carried out in accordance with the provisions of the Federal Law of Environmental Responsibility.
FIRST.- This Decree shall enter into force within thirty days of its publication in the Official Journal of the Federation.
SECOND.- The Environmental Responsibility Fund must be constituted and its bases and rules of operation, elaborated and approved within one hundred and eighty days after the entry into force of the This Decree.
THIRD.- The District Courts specialized in environmental matters shall be established within a maximum of two years from the entry into force of this Decree. The Jurisdiction specialized in environmental matters may be awarded to the District Courts in functions in each judicial circuit or according to what the Council of the Federal Judicature has, without this implying the creation of new The staff of each of these District Courts will receive specialized training in the field of environmental regulations.
Mexico, D. F., at April 25, 2013.-Sen. Ernesto Cordero Arroyo, President.-Dip. Francisco Arroyo Vieyra, President.-Sen. Rosa Adriana Díaz Lizama, Secretary.-Dip. Javier Orozco Gomez, Secretary.-rubrics."
In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its due publication and observance, I request this Decree in the Residence of the Federal Executive Branch, in Mexico City, Federal District, to June 5, two thousand thirteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.