Submission

Summary of the matter addressed in the submission:

The Submitter asserts that Mexico is failing to effectively enforce its environmental laws to protect forest ecosystems and water quality from the adverse environmental impacts of avocado production in Michoacán, Mexico.

In submission SEM-23-002 (Avocado Production in Michoacán), the Submitter asserts that Mexico is failing to protect forests and water resources in Michoacán from environmental impacts and deforestation caused by the continued expansion of avocado plantations. In particular, the Submitter claims that Mexico is failing to uphold provisions of the Mexican Constitution and various federal laws focused on environmental impact assessment, forestry conservation, sustainable development, water quality, climate change and environmental protection.

The Submitter maintains that forests play an important role in providing wildlife habitat, supporting biodiversity, mitigating climate change, conserving soil, filtering water, and recharging aquifers, among other contributions. The Submitter underscores the remarkable growth of the avocado industry in Michoacán in recent decades, positioning it as the main exporter of avocados in the world, most of which are exported to the United States. The Submitter acknowledges that not all avocado producers have the same type and degree of environmental impacts but asserts that research has shown that the majority of avocado production in Michoacán generates high levels of environmental impacts and that deforestation rates in Michoacán for avocado plantations are among the highest in Mexico and Latin America.

Summary of the response provided by the Party:

In its response, Mexico points out that certain of the LAN and LGEEPA provisions characterized as environmental law are not germane to the assertions raised in the submission, inasmuch as the waters used for irrigation in avocado production either are not actually drawn from national waters or are sourced from freely available groundwater.

Mexico affirms that Michoacán is its principal avocado-producing state, with over 34,800 producers in 112 municipalities and 176,179 hectares allocated to avocado production. Mexico stresses that the Ministry of Agriculture and Rural Development (Sader) works in collaboration with producers, industry and different levels of government to address challenges related to avocado production. The Party states that the avocado sector is one of the best organized sectors, besides having the resources, public policy instruments, universal stakeholder participation, and the tools required to successfully address major challenges.

Mexico provides information with respect to the actions that have been raised related to avocado production in Michoacán: information tools such as the Soil Cover Map of the Mexican Republic, the Protected Agriculture Consultation Mechanism and the Agricultural Area Estimation System, as well as instruments of coordination such as the Forestry Coordination Framework Agreement between the Government of the State of Michoacán and the National Forestry Commission (Conafor) and the Coordination Agreement that establishes process guidelines for elaborating and implementing the “Duero River Basin Environmental Management Program,” among other instruments.

Mexico points out the existence of two important instruments for avocado producers in Michoacán: the International Phytosanitary Certificate and Official Mexican Standard NOM-066-FITO-1995. The Certificate establishes the phytosanitary requirements and specifications that must be observed in shipping avocados to export markets or to the domestic market, while NOM-069-FITO-1995 stipulates that only goods originating from pest-free areas may be exported. Likewise, Mexico refers to the Agri-food Health and Safety Program and the Environmental Compensation Program for Land-use Changes on Forest Lands.

In addition, the Party states that between 2012 and 2021, 35 citizen complaint files were opened concerning the issue raised in the submission, one of which remains pending. In addition, Mexico indicates that from 2018 to 2023, 43 inspection operations were carried out, resulting in 42 administrative proceedings, 13 of which are still pending.

In accordance with the provisions of Article 24.27(4)(a), Mexico requests that the CEC Secretariat proceed no further with submission SEM-23-002 (Avocado Production in Michoacán).

Names and citations of the environmental laws in question:

The Submitter cites the Mexican Constitution, the General Law of Sustainable Forestry Development (Ley General de Desarrollo Forestal Sustentable); the General Law of Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente); National Water Law (Ley de Aguas Nationales); Sustainable Rural Development Law (Ley de Desarrollo Rural Sustentable); General Law of Wildlife (Ley General de Vida Silvestre) and the General Climate Change Law (Ley General de Cambio Climático).

Submitter(s):

Name withheld pursuant to Article 16(1)(a) of the ECA