Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION New Law published in the Official Gazette of the Federation on January 28, 1988 CURRENT TEXT Last published renovation DOF 13-05-2016 In the margin a seal with the National Shield, which says: United Mexican States.- Presidency of the Republic. MIGUEL DE LA MADRID H., Constitutional President of the United Mexican States, to his inhabitants, know: That the H. Congress of the Union, has served to address me the following DECREE "The Congress of the United Mexican States, Decrees: GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION FIRST TITLE General disposition CHAPTER I Preliminary Norms ARTICLE 1.- This Law regulates the provisions of the Political Constitution of the United Mexican States that refer to the preservation and restoration of the ecological balance, as well as the protection of the environment, in the national territory and the areas on which that the nation exercises its sovereignty and jurisdiction. Its provisions are of public order and social interest and are intended to promote sustainable development and establish the bases for: I.- Guarantee the right of every person to live in a healthy environment for their development, health and well- being; Section reformed DOF 05-11-2013 II.- Define the principles of environmental policy and the instruments for its application; III.- The preservation, restoration and improvement of the environment; IV.- The preservation and protection of biodiversity, as well as the establishment and administration of protected natural areas; V.- The sustainable use, preservation and, where appropriate, restoration of soil, water and other natural resources, so that obtaining economic benefits and the activities of society are compatible with the preservation of ecosystems. ; VI.- Prevention and control of air, water and soil pollution; 1 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services VII.- Guarantee the co-responsible participation of people, individually or collectively, in the preservation and restoration of the ecological balance and the protection of the environment; VIII.- The exercise of the attributions that in environmental matters correspond to the Federation, the States, the Federal District and the Municipalities, under the principle of concurrence foreseen in article 73 section XXIX - G of the Constitution; IX.- The establishment of mechanisms for coordination, induction and agreement between authorities, between them and the social and private sectors, as well as with people and social groups, in environmental matters, and X.- The establishment of control and security measures to guarantee compliance and application of this Law and the provisions derived from it, as well as for the imposition of the corresponding administrative and criminal sanctions. In everything not provided for in this Law, the provisions contained in other laws shall apply. related to the matters regulated by this system. Article revised DOF 13-12-1996 ARTICLE 2.- The following are considered to be of public utility: I. The ecological planning of the national territory in the cases provided for by this and other applicable laws; II.- The establishment, protection and preservation of protected natural areas and zones of Ecological restoration; Section reformed DOF 12-13-1996 III.- The formulation and execution of actions for the protection and preservation of the biodiversity of the national territory and the areas over which the nation exercises its sovereignty and jurisdiction, as well as the use of genetic material; Section amended DOF 12-13-1996, 01-28-2011 IV.- The establishment of intermediate safeguard zones, due to the presence of activities considered risky, and Section reformed DOF 01-28-2011 V.- The formulation and execution of mitigation and adaptation actions to climate change. Fraction added DOF 01-28-2011 ARTICLE 3.- For the purposes of this Law, it is understood as: I.- Environment: The set of natural and artificial or man-induced elements that make possible the existence and development of human beings and other living organisms that interact in a given space and time; II.- Protected natural areas: The areas of the national territory and those over which the nation exercises its sovereignty and jurisdiction, where the original environments have not been significantly altered by human activity or that need to be preserved and restored and are subject to the regime provided for in this Law; III.- Sustainable use: The use of natural resources in a way that respects the functional integrity and load capacities of the ecosystems of which said resources are part, for indefinite periods; 2 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services IV.- Biodiversity: The variability of living organisms from any source, including, among others, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are a part; includes diversity within each species, between species and of ecosystems; V.- Biotechnology: Any technological application that uses biological resources, living organisms or its derivatives for the creation or modification of products or processes for specific uses; V Bis.- Climate change: Climate change attributed directly or indirectly to human activity that alters the composition of the global atmosphere and that is added to the natural variability of the climate observed during comparable periods of time. Fraction added DOF 01-28-2011 VI.- Pollution: The presence in the environment of one or more pollutants or any combination of them that causes ecological imbalance; VII.- Pollutant: Any matter or energy in any of its physical states and forms, which, when incorporated or acting in the atmosphere, water, soil, flora, fauna or any natural element, alters or modifies its composition and natural condition; VIII.- Environmental contingency: Situation of risk, derived from human activities or natural phenomena, which may endanger the integrity of one or several ecosystems; IX.- Control: Inspection, surveillance and application of the necessary measures for compliance with the provisions established in this order; X.- Ecological criteria: The mandatory guidelines contained in this Law, to guide the actions of preservation and restoration of the ecological balance, the sustainable use of natural resources and the protection of the environment, which will have the character of instruments of environmental policy ; XI.- Sustainable Development: The evaluable process through criteria and indicators of the environmental, economic and social nature that tends to improve the quality of life and productivity of people, which is based on appropriate measures to preserve the ecological balance, protection of the environment and use of natural resources, so that the satisfaction of the needs of future generations is not compromised; XII.- Ecological imbalance: The alteration of the interdependence relationships between the natural elements that make up the environment, which negatively affects the existence, transformation and development of man and other living beings; XIII.- Ecosystem: The basic functional unit of interaction of living organisms with each other and with these with the environment, in a determined space and time; XIV.- Ecological balance: The relationship of interdependence between the elements that make up the environment that makes possible the existence, transformation and development of man and other living beings; XV.- Natural element: The physical, chemical and biological elements that appear in a given time and determined space without the induction of man; XVI.- Ecological emergency: Situation derived from human activities or natural phenomena that by severely affecting its elements, it endangers one or several ecosystems; 3 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services XVII.- Emission: Release into the environment of any substance, in any of its physical states, or any type of energy, coming from a source. Fraction added DOF 01-28-2011 XVIII.- Wild Fauna: The animal species that subsist subject to the processes of natural selection and that develop freely, including their minor populations that are under the control of man, as well as domestic animals that due to abandonment become wild and therefore are susceptible to capture and appropriation; DOF traveled fraction 28-01-2011 XIX.- Wild flora: Plant species as well as fungi, which subsist subject to natural selection processes and develop freely, including populations or specimens of these species that are under human control; DOF traveled fraction 28-01-2011 XX.- Environmental impact: Modification of the environment caused by the action of man or nature; DOF traveled fraction 28-01-2011 XXI.- Manifestation of environmental impact: The document through which it is disclosed, based on studies, the significant and potential environmental impact that a work or activity would generate, as well as the way to avoid or mitigate it in case it is negative; DOF traveled fraction 28-01-2011 XXII.- Genetic material: All material of plant, animal, microbial or other origin, which contain functional units of inheritance; DOF traveled fraction 28-01-2011 XXIII.- Hazardous material: Elements, substances, compounds, residues or their mixtures that, regardless of their physical state, represent a risk to the environment, health or natural resources, due to their corrosive, reactive, explosive, toxic, flammable or biologically infectious; DOF traveled fraction 28-01-2011 XXIV.- Ecological Regulation: The instrument of environmental policy whose purpose is to regulate or induce the use of land and productive activities, in order to achieve the protection of the environment and the preservation and sustainable use of natural resources, from of the analysis of the deterioration tendencies and the potentialities of using them; DOF traveled fraction 28-01-2011 XXV.- Preservation: The set of policies and measures to maintain the conditions that favor the evolution and continuity of ecosystems and natural habitats, as well as conserving viable populations of species in their natural environments and the components of biodiversity outside their habitats. natural; DOF traveled fraction 28-01-2011 XXVI.- Prevention: The set of provisions and anticipated measures to avoid the deterioration of the environment; DOF traveled fraction 28-01-2011 XXVII.- Protection: The set of policies and measures to improve the environment and control its deterioration; DOF traveled fraction 28-01-2011 4 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services XXVIII.- Biological resources: Genetic resources, organisms or parts of them, populations, or any other biotic component of ecosystems with real or potential value or utility for human beings; DOF traveled fraction 28-01-2011 XXIX.- Genetic Resources: All genetic material, with real or potential value that comes from plant, animal, microbial origin, or of any other type and that contains functional units of inheritance, existing in the national territory and in the areas where the nation exercises sovereignty and jurisdiction; Section reformed DOF 04-01-2010. DOF Tour 01-28-2011 XXX.- Natural resource: The natural element that can be used for the benefit of man; DOF traveled fraction 28-01-2011 XXXI.- Ecological region: The unit of the national territory that shares common ecological characteristics; DOF traveled fraction 28-01-2011 XXXII.- Waste: Any material generated in the processes of extraction, benefit, transformation, production, consumption, use, control or treatment whose quality does not allow it to be used again in the process that generated it; DOF traveled fraction 28-01-2011 XXXIII.- Hazardous waste: are those that have any of the characteristics of corrosiveness, reactivity, explosiveness, toxicity, flammability or that contain infectious agents that make them dangerous, as well as packages, containers, packaging and soil that have been contaminated when they are transferred. to another site and therefore, represent a danger to the ecological balance or the environment; DOF traveled fraction 01-28-2011. Reformed DOF 01-16-2014 XXXIV.- Restoration: Set of activities aimed at the recovery and reestablishment of the conditions that favor the evolution and continuity of natural processes; DOF traveled fraction 28-01-2011 XXXV. Secretariat: The Secretariat of Environment and Natural Resources. Reformed fraction DOF 07-01-2000. Defendant DOF 2011-01-28. Renovated DOF 09-04-2012 XXXVI. Environmental services: tangible and intangible benefits, generated by ecosystems, necessary for the survival of the natural and biological system as a whole, and to provide benefits to human beings; Fraction added DOF 06-04-2012 XXXVII. Natural vocation: Conditions that an ecosystem presents to sustain one or more activities without producing ecological imbalances, and Section reformed DOF 01-07-2000. DOF Tour 01-28-2011, 06-04-2012 XXXVIII. Environmental Education: Training process aimed at the entire society, both in the school environment and in the extracurricular environment, to facilitate the integrated perception of the environment in order to achieve more rational behaviors in favor of social development and the environment. Environmental education includes the assimilation of knowledge, the formation of values, the development of skills and behaviors with the purpose of guaranteeing the preservation of life. Fraction added DOF 07-01-2000. Defendant DOF 2011-01-28, 2012-06-04 XXXIX. Zoning: The technical planning instrument that can be used in the establishment of protected natural areas, which allows ordering its territory based on the degree of conservation and representativeness of its ecosystems, the natural vocation of the land, its current use 5 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services and potential, in accordance with the objectives set forth in the same declaration. Likewise, there will be a subzoning, which consists of the technical and dynamic planning instrument, which will be established in the respective management program, and which is used in the management of protected natural areas, in order to order in detail the core zones. and cushioning, previously established through the corresponding declaration. Fraction added DOF 2005-02-23. Defendant DOF 2011-01-28, 2012-06-04 Article revised DOF 13-12-1996 CHAPTER II Distribution of Competencies and Coordination Name of the Chapter amended DOF 12-13-1996 ARTICLE 4.- The Federation, the States, the Federal District and the Municipalities shall exercise their powers in matters of preservation and restoration of the ecological balance and protection of the environment, in accordance with the distribution of powers provided for in this Law and in other legal systems. . The distribution of powers regarding the regulation of sustainable use, protection and preservation of forest resources and the soil, will be determined by the General Law of Sustainable Forest Development. Added paragraph DOF 2003-02-25 Article revised DOF 13-12-1996 ARTICLE 5.- The powers of the Federation are: I.- The formulation and conduct of the national environmental policy; II.- The application of the instruments of the environmental policy foreseen in this Law, in the terms established therein, as well as the regulation of the actions for the preservation and restoration of the ecological balance and the protection of the environment that are carried out in goods and federal jurisdiction areas; III.- Attention to matters that affect the ecological balance in the national territory or in areas subject to the sovereignty and jurisdiction of the nation, originating in the territory or areas subject to the sovereignty or jurisdiction of other States, or in areas that are beyond the jurisdiction of any State; IV.- Attention to matters that, originating in the national territory or the areas subject to the sovereignty or jurisdiction of the nation, affect the ecological balance of the territory or the areas subject to the sovereignty or jurisdiction of other States, or the areas that are beyond the jurisdiction of any State; V.- The issuance of official Mexican standards and the monitoring of their compliance in matters provided for in this Law; VI.- The regulation and control of activities considered highly risky, and of the generation, management and final disposal of materials and hazardous waste for the environment or ecosystems, as well as for the preservation of natural resources, in accordance with this Law, other applicable ordinances and their regulatory provisions; VII.- Participation in the prevention and control of environmental emergencies and contingencies, in accordance with the civil protection policies and programs established for this purpose; 6 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services VIII.- The establishment, regulation, administration and surveillance of the protected natural areas of federal jurisdiction; IX.- The formulation, application and evaluation of the general ecological planning programs of the territory and of the marine ecological planning programs referred to in article 19 BIS of this Law; X.- The evaluation of the environmental impact of the works or activities referred to in article 28 of this Law and, where appropriate, the issuance of the corresponding authorizations; XI. The regulation of sustainable use, protection and preservation of water biodiversity, fauna and other natural resources of its competence. Section reformed DOF 02-25-2003 XII.- The regulation of pollution of the atmosphere, coming from all types of emission sources, as well as prevention and control in areas or in the case of fixed and mobile sources under federal jurisdiction; XIII.- The promotion of the application of technologies, equipment and processes that reduce polluting emissions and discharges from any type of source, in coordination with the authorities of the States, the Federal District and the Municipalities; as well as the establishment of the provisions that must be observed for the sustainable use of energy; XIV.- The regulation of activities related to the exploration, exploitation and benefit of minerals, substances and other subsoil resources that correspond to the nation, in relation to the effects that said activities may generate on the ecological balance and the environment ; XV.- The regulation of the prevention of environmental pollution caused by noise, vibrations, thermal energy, light, electromagnetic radiation and harmful odors for the ecological balance and the environment; XVI.- The promotion of the participation of society in environmental matters, in accordance with the provided in this Law; XVII.- The integration of the National Environmental and Natural Resources Information System and its made available to the public under the terms of this Law; XVIII.- The issuance of recommendations to Federal, State and Municipal authorities, with the purpose of promoting compliance with environmental legislation; XIX.- Surveillance and promotion, within the scope of its competence, of compliance with this Law and the other legal systems derived from it; XX.- Attention to matters that affect the ecological balance of two or more states; Section reformed DOF 01-28-2011 XXI.- The formulation and execution of actions to mitigate and adapt to climate change, and Fraction added DOF 01-28-2011 XXII.- The others that this Law or other legal provisions attribute to the Federation. DOF traveled fraction 28-01-2011 Article revised DOF 13-12-1996 7 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 6.- The powers that this Law grants to the Federation, will be exercised by the Federal Executive Power through the Secretariat and, where appropriate, the Secretariats of National Defense and the Navy may collaborate with it when due to the nature and gravity of the problem so determines, except those that directly correspond to the President of the Republic by express provision of the Law. Revised paragraph DOF 23-05-2006 When, due to the matter and in accordance with the Organic Law of the Federal Public Administration or other applicable legal provisions, the intervention of other agencies is required, the Secretariat shall exercise its powers in coordination with them. The agencies and entities of the Federal Public Administration that exercise powers conferred on them by other legal systems whose provisions are related to the purpose of this Law, will adjust their exercise to the criteria to preserve the ecological balance, sustainably use natural resources and protect the environment. included in it, as well as the provisions of the regulations, official Mexican standards, ecological planning programs and other regulations derived from it. Article revised DOF 13-12-1996 ARTICLE 7.- They correspond to the States, in accordance with the provisions of this Law and the laws in the matter, the following faculties: I.- The formulation, conduct and evaluation of the state environmental policy; II.- The application of the environmental policy instruments provided for in the local laws on the matter, as well as the preservation and restoration of the ecological balance and the protection of the environment that is carried out in goods and areas of state jurisdiction, in matters that do not are expressly attributed to the Federation; III.- The prevention and control of atmospheric pollution generated by fixed sources that function as industrial establishments, as well as by mobile sources, which in accordance with the provisions of this Law are not under Federal jurisdiction; IV.- The regulation of activities that are not considered highly risky for the environment, in accordance with the provisions of article 149 of this Law; V.- The establishment, regulation, administration and vigilance of the protected natural areas foreseen in the local legislation, with the participation of the municipal governments; VI.- The regulation of the systems of collection, transportation, storage, handling, treatment and final disposal of solid and industrial waste that are not considered dangerous in accordance with the provisions of article 137 of this Law; VII.- The prevention and control of pollution generated by the emission of noise, vibrations, thermal energy, light energy, electromagnetic radiation and harmful odors to the ecological balance or the environment, coming from fixed sources that function as industrial establishments, as well as, where appropriate, from mobile sources that, pursuant to the provisions of this Law, are not under Federal jurisdiction; VIII.- The regulation of sustainable use and the prevention and control of pollution of the waters of state jurisdiction; as well as the national waters assigned to them; IX.- The formulation, issuance and execution of the ecological planning programs of the territory referred to in article 20 BIS 2 of this Law, with the participation of the respective municipalities; 8 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services X.- The prevention and control of pollution generated by the use of substances not reserved for the Federation, which constitute deposits of a similar nature to the components of the land, such as rocks or products of their decomposition that can only be used for the manufacture of materials for construction or ornamentation of works; XI.- Attention to matters that affect the ecological balance or the environment of two or more municipalities; XII.- Participation in environmental emergencies and contingencies, in accordance with the civil protection policies and programs established for this purpose; XIII.- Surveillance of compliance with official Mexican standards issued by the Federation, in the matters and cases referred to in sections III, VI and VII of this article; XIV.- The conduction of the state policy of information and dissemination in environmental matters; XV.- The promotion of the participation of society in environmental matters, in accordance with the provided in this Law; XVI.- The evaluation of the environmental impact of the works or activities that are not expressly reserved to the Federation, by this Law and, where appropriate, the issuance of the corresponding authorizations, in accordance with the provisions of article 35 BIS 2 of this Law; XVII.- The exercise of the functions that in terms of preservation of the ecological balance and protection The Federation transfers them to the environment, in accordance with the provisions of article 11 of this law; XVIII.- The formulation, execution and evaluation of the state program for the protection of the environment; XIX.- The issuance of recommendations to the competent authorities in environmental matters, with the purpose of promoting compliance with environmental legislation; XX.- Coordinated attention with the Federation of matters that affect the ecological balance of two or more Federal Entities, when the respective Federal Entities deem it appropriate; Section reformed DOF 01-28-2011 XXI.- The formulation and execution of actions to mitigate and adapt to climate change, and Fraction added DOF 01-28-2011 XXII.- The attention of the other matters that in terms of preservation of the ecological balance and protection of the environment are granted by this Law or other ordinances in accordance with it and that are not expressly granted to the Federation. DOF traveled fraction 28-01-2011 Article revised DOF 13-12-1996 ARTICLE 8.- They correspond to the Municipalities, in accordance with the provisions of this Law and the local laws on the matter, the following powers: I.- The formulation, conduct and evaluation of the municipal environmental policy; II.- The application of the environmental policy instruments provided for in local laws on the matter and the preservation and restoration of the ecological balance and the protection of the environment in assets and areas of 9 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services municipal jurisdiction, in matters that are not expressly attributed to the Federation or to the States; III.- The application of the legal provisions regarding the prevention and control of atmospheric pollution generated by fixed sources that function as commercial or service establishments, as well as emissions of pollutants into the atmosphere from mobile sources that are not considered federal jurisdiction, with the participation that according to state legislation corresponds to the state government; IV.- The application of the legal provisions related to the prevention and control of the effects on the environment caused by the generation, transportation, storage, handling, treatment and final disposal of solid and industrial waste that are not considered dangerous, in accordance with in accordance with the provisions of article 137 of this Law; V.- The creation and administration of ecological preservation zones of population centers, urban parks, public gardens and other similar areas provided for by local legislation; VI.- The application of the legal provisions related to the prevention and control of pollution by noise, vibrations, thermal energy, electromagnetic and light radiation and harmful odors for the ecological balance and the environment, coming from fixed sources that function as commercial establishments or services, as well as the monitoring of compliance with the provisions that, where appropriate, are applicable to mobile sources, except those that, according to this Law, are considered to be of federal jurisdiction; VII.- The application of the legal provisions regarding the prevention and control of contamination of the waters that are discharged in the drainage and sewage systems of the population centers, as well as of the national waters that are assigned to them, with the participation that according to the local legislation in the matter corresponds to the governments of the states; VIII.- The formulation and issuance of the local ecological planning programs of the territory referred to in article 20 BIS 4 of this Law, in the terms provided therein, as well as the control and surveillance of the use and change of use of the land, established in said programs; IX.- The preservation and restoration of the ecological balance and the protection of the environment in population centers, in relation to the effects derived from sewage services, cleaning, markets, supply centers, cemeteries, slaughterhouses, traffic and local transport, as long as they are not powers granted to the Federation or to the States in this Law; X.- Participation in the care of matters that affect the ecological balance of two or more municipalities and that generate environmental effects in their territorial district; XI.- Participation in environmental emergencies and contingencies in accordance with the civil protection policies and programs established for this purpose; XII.- Surveillance of compliance with the official Mexican standards issued by the Federation, in the matters and assumptions referred to in sections III, IV, VI and VII of this article; XIII.- The formulation and conduct of the municipal information and dissemination policy on environmental matters; XIV.- Participation in the evaluation of the environmental impact of works or activities of competition state, when they are carried out in the area of its territorial constituency; 10 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services XV.- The formulation, execution and evaluation of the municipal environmental protection program; Section reformed DOF 01-28-2011 XVI.- The formulation and execution of actions to mitigate and adapt to climate change, and Fraction added DOF 01-28-2011 XVII.- The attention of the other matters that in terms of preservation of the ecological balance and protection of the environment are granted by this Law or other ordinances in accordance with it and that are not expressly granted to the Federation or to the States. DOF traveled fraction 28-01-2011 Article revised DOF 13-12-1996 ARTICLE 9.- The Government of the Federal District, in matters of preservation of the ecological balance and protection of the environment, in accordance with the legal provisions issued by the Legislative Assembly of the Federal District, have the powers referred to in articles 7. and 8th. of this Law. Article revised DOF 13-12-1996 ARTICLE 10.- The Congresses of the States, in accordance with their respective Constitutions and the Legislative Assembly of the Federal District, will issue the legal provisions that are necessary to regulate the matters of their competence provided for in this Law. The municipalities, for their part, The police and good government edicts will dictate the corresponding regulations, circulars and administrative provisions, so that the provisions of this ordinance are fulfilled in their respective constituencies. In the exercise of their powers, the States, the Federal District and the Municipalities shall observe the provisions of this Law and those derived from it. Article revised DOF 13-12-1996 ARTICLE 11. The Federation, through the Secretariat, may sign agreements or coordination agreements, so that the governments of the Federal District or of the States, with the participation, where appropriate, of their Municipalities, assume the following powers, within the scope of its territorial jurisdiction: I. The administration and surveillance of the protected natural areas under the jurisdiction of the Federation, in accordance with the provisions of the respective management program and other provisions of this law; II. The control of hazardous waste considered to be of low hazard according to the provisions of this law; III. The evaluation of the environmental impact of the works or activities referred to in article 28 of this Law and, where appropriate, the issuance of the corresponding authorizations, with the exception of the following works or activities: a) Hydraulic works, as well as general communication routes, oil pipelines, gas pipelines, carboducts and polyducts, b) Petroleum, petrochemical, cement, steel and electrical industries, c) Exploration, exploitation and benefit of minerals and substances reserved to the Federation in the terms of the Mining and Regulatory Laws of Article 27 of the Constitution on Nuclear Matters, 11 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services d) Facilities for the treatment, confinement or disposal of hazardous waste, as well as radioactive waste, e) Forest exploitation in tropical forests and species of difficult regeneration, f) Changes in land use in forest areas, as well as in jungles and arid zones, g) Real estate developments that affect coastal ecosystems, h) Works and activities in wetlands, mangroves, lagoons, rivers, lakes and estuaries connected with the sea, as well as on its coastlines or federal zones, and i) Works in protected natural areas under the jurisdiction of the Federation and activities that by their nature may cause serious ecological imbalances; as well as activities that put the ecosystem at risk. IV. The protection and preservation of the soil, wild and terrestrial flora and fauna, and forest resources; V. The control of actions for the protection, preservation and restoration of the ecological balance and the protection of the environment in the federal maritime-terrestrial zone, as well as in the federal zone of the bodies of water considered as national; SAW. The prevention and control of air pollution from fixed and mobile sources of federal jurisdiction and, where appropriate, the issuance of the corresponding authorizations; VII. The prevention and control of environmental pollution caused by noise, vibrations, thermal and light energy, electromagnetic radiation and harmful odors for the ecological balance and the environment, coming from fixed and mobile sources under federal jurisdiction and, where appropriate, the issuance of the corresponding authorizations; VII. Carrying out operational actions aimed at complying with the purposes set forth in this law, or IX. The inspection and monitoring of compliance with this Law and other provisions derived from it. Said powers shall be exercised in accordance with the provisions of this Law and other provisions applicable federal laws, as well as in those that derive from them. Against the acts issued by the governments of the Federal District or of the States and, where appropriate, of their Municipalities, in exercise of the powers they assume in accordance with this precept with respect to individuals, the resources and means of defense will proceed. established in Chapter V of Title Six of this Law. Revised Article DOF 13-12-1996, 31-12-2001 ARTICLE 12. For the purposes of the previous article, the agreements or coordination agreements entered into by the Federation, through the Secretariat, with the governments of the Federal District or the States, with the participation, where appropriate, of their Municipalities, must be subject to the following bases: I. They will be held at the request of a Federal Entity, when it has the necessary means, trained personnel, material and financial resources, as well as the specific institutional structure for the development of the powers that it would assume and that for such purposes requires the federal authority. These requirements will depend on the type of agreement or agreement to be signed and the capacities will be evaluated together with the Secretariat. 12 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services The requirements established by the Secretariat and the evaluations carried out to determine the capabilities of the Federal Entity, must be published in the Official Gazette of the Federation and in the official gazette or newspaper of the respective federal entity, prior to the celebration of the coordination agreements or agreements; II. They will precisely establish their purpose, as well as the matters and powers that will be assumed, and must be consistent with the objectives of the national development planning instruments and with the national environmental policy; III. They will determine the participation and responsibility that corresponds to each of the parties, as well as the goods and resources contributed by them, specifying their destination and form of administration. They will also specify what type of powers can be assumed immediately upon signing the agreement or agreement and which later. IV. They will establish the body or bodies that will carry out the actions that result from the coordination agreements or agreements, including those of evaluation, as well as the schedule of the activities to be carried out; V. They will define the information mechanisms that are required, so that the subscribing parties can ensure the fulfillment of its object; SAW. They will specify the validity of the instrument, its forms of modification and termination and, where appropriate, the number and duration of its extensions; VII. They will contain the necessary technical annexes to detail the acquired commitments; VII. The other stipulations that the parties consider necessary for the correct fulfillment of the agreement or coordination agreement; IX. For purposes of granting permits or authorizations in matters of environmental impact that correspond to the Federal District, the States, or, as the case may be, the Municipalities, the same procedures established in section V of this Law must be followed, in addition to the that establish the corresponding legal provisions and local regulations; X. In the case of the agreements related to Environmental Impact Assessments, the procedures that the entities establish must be those established in the Regulation of this ordinance in Matter of Environmental Impact Assessment, and will be authorized by the Secretariat and published in the Official Gazette of the Federation and in the official gazette or newspaper of the respective federative entity, prior to the entry into force of the agreement or coordination agreement. It corresponds to the Secretariat to evaluate the fulfillment of the commitments that are assumed in the agreements or coordination agreements referred to in this article. The agreements or coordination agreements referred to in this article, their modifications, as well as their termination agreement, must be published in the Official Gazette of the Federation and in the official gazette or newspaper of the respective federative entity. Revised Article DOF 13-12-1996, 31-12-2001 ARTICLE 13.- The States may sign among themselves and with the Government of the Federal District, as the case may be, administrative coordination and collaboration agreements or agreements, with the purpose of attending to and solving common environmental problems and exercising their attributions through the instances than to 13 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services effect determined, in accordance with the provisions of applicable local laws. The same powers may be exercised by the municipalities among themselves, even if they belong to different federal entities, in accordance with what is established by the aforementioned laws. Article revised DOF 13-12-1996 ARTICLE 14.- The dependencies and entities of the Public Administration will coordinate with the Secretariat to carry out the conducive actions, when there is danger for the ecological balance of some zone or region of the country, as a consequence of disasters produced by natural phenomena, or by fortuitous event or force majeure. Article revised DOF 13-12-1996 ARTICLE 14 BIS.- The environmental authorities of the Federation and of the federative entities will integrate a body that will meet periodically with the purpose of coordinating their efforts in environmental matters, analyzing and exchanging opinions in relation to the actions and programs in the matter, evaluating and follow up on them, as well as agree on the actions and formulate the pertinent recommendations, particularly with regard to the objectives and principles established in the first and fifteenth articles of this Law. Article added DOF 13-12-1996 CHAPTER III Environmental Policy Name of the Chapter amended DOF 12-13-1996 (relocated) ARTICLE 15.- For the formulation and conduct of environmental policy and the issuance of official Mexican standards and other instruments provided for in this Law, in matters of preservation and restoration of the ecological balance and protection of the environment, the Federal Executive will observe the following principles: I.- Ecosystems are the common heritage of society and life and activities depend on their balance. productive possibilities of the country; II.- The ecosystems and their elements must be used in such a way as to ensure a optimal and sustained productivity, compatible with its balance and integrity; III.- The authorities and individuals must assume responsibility for the protection of the ecological balance; IV.- Whoever carries out works or activities that affect or may affect the environment, is obliged to prevent, minimize or repair the damage caused, as well as to assume the costs that said affectation implies. Likewise, those who protect the environment, promote or carry out actions to mitigate and adapt to the effects of climate change and take advantage of the natural resources; Section reformed DOF 04-24-2012 V.- The responsibility regarding the ecological balance, includes both the present conditions as those that will determine the quality of life of future generations; VI.- The prevention of the causes that generate them is the most effective means to avoid ecological imbalances; VII.- The use of renewable natural resources must be carried out in such a way as to ensure the maintenance of their diversity and renewability; 14 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services VIII.- Non-renewable natural resources must be used in such a way as to avoid the danger of their exhaustion and the generation of adverse ecological effects; IX.- Coordination between the dependencies and entities of the public administration and between the different levels of government and agreement with society, are essential for the effectiveness of ecological actions; X.- The main subject of the ecological agreement is not only individuals, but also groups and social organizations. The purpose of coordinating ecological actions is to reorient the relationship between society and nature; XI.- In the exercise of the powers that the laws confer on the State, to regulate, promote, restrict, prohibit, guide and, in general, induce the actions of individuals in the economic and social fields, the preservation criteria will be considered. and restoration of the ecological balance; XII.- Every person has the right to enjoy an adequate environment for their development, health and well- being. The authorities in the terms of this and other laws, will take the measures to guarantee that right; XIII.- Guarantee the right of communities, including indigenous peoples, to the protection, preservation, use and sustainable exploitation of natural resources and the safeguarding and use of biodiversity, in accordance with what is determined by this Law and others applicable regulations; XIV.- The eradication of poverty is necessary for sustainable development; XV.- Women play an important role in the protection, preservation and sustainable use of natural resources and in development. Your full participation is essential to achieving sustainable development; XVI.- The control and prevention of environmental contamination, the proper use of natural elements and the improvement of the natural environment in human settlements, are fundamental elements to improve the quality of life of the population; XVII.- It is in the interest of the nation that the activities carried out within the national territory and in those areas where it exercises its sovereignty and jurisdiction, do not affect the ecological balance of other countries or areas of international jurisdiction; XVIII. The competent authorities in equal circumstances before other nations, they will promote the preservation and restoration of the balance of regional and global ecosystems; Section reformed DOF 01-07-2000 XIX. Through the quantification of the cost of environmental pollution and the depletion of natural resources caused by economic activities in a given year, the Ecological Net Domestic Product will be calculated. The National Institute of Statistics, Geography and Informatics will integrate the Ecological Net Domestic Product to the System of National Accounts, and Section reformed DOF 01-07-2000 XX. Education is a means to value life through the prevention of environmental deterioration, preservation, restoration and sustainable use of ecosystems and thereby avoid ecological imbalances and environmental damage. Fraction added DOF 01-07-2000 Article revised DOF 13-12-1996 15 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 16.- The federal entities and the municipalities in the scope of their competences, they will observe and apply the principles referred to in sections I to XV of the previous article. Article revised DOF 13-12-1996 CHAPTER IV Environmental Policy Instruments Name of the Chapter amended DOF 12-13-1996 (relocated) SECTION I Environmental Planning Name of the section amended DOF 12-13-1996 ARTICLE 17.- In the national development planning, the environmental policy and the ecological ordinance that are established in accordance with this Law and the other provisions on the matter must be incorporated. In the planning and carrying out of the actions in charge of the dependencies and entities of the federal public administration, in accordance with their respective spheres of competence, as well as in the exercise of the powers that the laws confer on the Federal Government to regulate, promote, restrict , prohibit, guide and in general induce the actions of individuals in the economic and social fields, the environmental policy guidelines established by the National Development Plan and the corresponding programs will be observed. Article revised DOF 13-12-1996 ARTICLE 17 BIS.- The Federal Public Administration, the Federal Legislative Power and the Judicial Power of the Federation, will issue the manuals of environmental management systems, which will have the purpose of optimizing the material resources that are used for the development of their activities. , in order to reduce financial and environmental costs. Article added DOF 13-06-2003 ARTICLE 17 TER.- The dependencies of the Federal Public Administration, the Federal Legislative Power and the Judicial Power of the Federation, will install a rainwater harvesting system in the properties under their responsibility, and must meet the requirements of the geographical area in they are and the physical, technical and financial possibility that is convenient for each case. This will be used in bathrooms, cleaning floors and windows, watering gardens and ornamental trees. The installation of the rainwater harvesting system in those buildings in charge of the dependencies of the Federal Public Administration, the Federal Legislative Power and the Judicial Power of the Federation, declared artistic and historical monuments in terms of the provisions of the Federal Law of Archaeological, Artistic and Historical Monuments and Zones will be carried out under the rigorous supervision of experts from the National Institute of Anthropology and History or the National Institute of Fine Arts, as appropriate, in order to avoid damage to said buildings. For the purposes of the provisions of this article, rainwater is understood to mean that which comes from from rain, hail and snow. Article added DOF 15-05-2013 ARTICLE 18.- The Federal Government will promote the participation of the different social groups in the elaboration of the programs whose objective is the preservation and restoration of the ecological balance and the protection of the environment, as established in this Law and the other applicable ones. SECTION II 16 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services Ecological Planning of the Territory Name of the section amended DOF 12-13-1996 ARTICLE 19.- In the formulation of the ecological ordinance, the following criteria must be considered: Revised paragraph DOF 13-12-1996 I.- The nature and characteristics of the existing ecosystems in the national territory and in the areas over which the nation exercises sovereignty and jurisdiction; Section reformed DOF 12-13-1996 II. The vocation of each area or region, based on its natural resources, the distribution of the population and the predominant economic activities; III. Existing imbalances in ecosystems due to human settlements, economic activities or other human activities or natural phenomena; IV. The balance that must exist between human settlements and their environmental conditions; Section reformed DOF 02-12-2007 V. The environmental impact of new human settlements, communication routes and other works or activities, and Section amended DOF 12-13-1996, 02-12-2007 VI.- The modalities that, in accordance with this Law, establish the decrees by which the protected natural areas are constituted, as well as the other provisions foreseen in the respective management program, where appropriate. Fraction added DOF 02-12-2007 ARTICLE 19 BIS.- The ecological planning of the national territory and of the areas over which the nation exercises its sovereignty and jurisdiction, will be carried out through the ecological planning programs: I.- General of the Territory; II.- Regional; III.- Premises, y IV.- Marines. Article added DOF 13-12-1996 ARTICLE 20.- The general ecological ordering program of the territory will be formulated by the Secretariat, within the framework of the National System of Democratic Planning and its purpose will be to determine: I.- The ecological regionalization of the national territory and of the areas over which the nation exercises sovereignty and jurisdiction, based on the diagnosis of the characteristics, availability and demand of natural resources, as well as the productive activities that are developed in them and, of the location and situation of the existing human settlements, and II.- The guidelines and ecological strategies for the preservation, protection, restoration and sustainable use of natural resources, as well as for the location of productive activities and human settlements. Article revised DOF 13-12-1996 17 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 20 BIS.- The formulation, issuance, execution and evaluation of the general ecological ordering of the territory will be carried out in accordance with the provisions of the Planning Law. Likewise, the Secretariat must promote the participation of social and business groups and organizations, academic and research institutions, and other interested persons, in accordance with the provisions of this Law, as well as in the other applicable provisions. Article added DOF 13-12-1996 ARTICLE 20 BIS 1.- The Secretariat shall provide technical support for the formulation and execution of the regional and local ecological planning programs, in accordance with the provisions of this Law. The federative entities and the municipalities may participate in the consultations and issue the recommendations that they deem pertinent for the formulation of the general ecological ordering programs of the territory and marine ecological ordering. Article added DOF 13-12-1996 ARTICLE 20 BIS 2.- The Governments of the States and of the Federal District, under the terms of the applicable local laws, may formulate and issue regional ecological zoning programs that cover all or part of the territory of a federal entity. When an ecological region is located in the territory of two or more federal entities, the Federal Government, that of the respective States and Municipalities, and, where appropriate, that of the Federal District, within the scope of their powers, may formulate a management program regional ecology. For this purpose, the Federation will enter into the appropriate coordination agreements or conventions with the local governments involved. When a regional ecological ordering program includes a protected natural area, jurisdiction of the Federation, or part of it, the program must be prepared and approved in the form jointly by the Secretariat and the governments of the States, the Federal District and Municipalities in which it is located, as appropriate. Added paragraph DOF 2007-02-12 Article added DOF 13-12-1996 ARTICLE 20 BIS 3.- The regional ecological zoning programs referred to in article 20 BIS 2 must contain, at least: I.- The determination of the area or region to be managed, describing its physical, biotic and socioeconomic attributes, as well as the diagnosis of its environmental conditions and the technologies used by the inhabitants of the area; II.- The determination of the criteria of ecological regulation for the preservation, protection, restoration and sustainable use of the natural resources that are located in the region in question, as well as for the performance of productive activities and the location of human settlements , Y III.- The guidelines for its execution, evaluation, follow-up and modification. Article added DOF 13-12-1996 ARTICLE 20 BIS 4.- The local ecological zoning programs will be issued by the municipal authorities, and in its case of the Federal District, in accordance with the local laws on environmental matters, and will have the purpose of: 18 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services I.- Determine the different ecological areas that are located in the area or region in question, describing their physical, biotic and socioeconomic attributes, as well as the diagnosis of their environmental conditions, and the technologies used by the inhabitants of the area of in question; II.- Regulate, outside population centers, the uses of the land with the purpose of protecting the environment and preserving, restoring and taking advantage of the respective natural resources in a sustainable manner, fundamentally in the performance of productive activities and the location of human settlements , Y III.- Establish the ecological regulation criteria for the protection, preservation, restoration and sustainable use of natural resources within population centers, so that they are considered in the corresponding urban development plans or programs. Article added DOF 13-12-1996 ARTICLE 20 BIS 5.- The procedures under which the local ecological zoning programs will be formulated, approved, issued, evaluated and modified, will be determined in the state or Federal District laws on the matter, in accordance with the following bases: I.- There will be congruence between the marine ecological ordering programs, if applicable, and the general of the territory and regional, with the local ecological ordering programs; II.- The local ecological ordering programs will cover a geographical extension whose dimensions allow to regulate the use of the land, in accordance with the provisions of this Law; III.- The provisions contained in the local ecological ordering programs of the territory, through which land uses are regulated, will refer only to the areas located outside the limits of population centers. When the expansion of a population center or the execution of urban development projects is intended in said areas, it will be subject to what is established in the respective ecological zoning program, which may only be modified through the procedure established by local legislation in the matter; IV.- The local authorities will make compatible the ecological ordering of the territory and the ordering and regulation of human settlements, incorporating the corresponding provisions in the local ecological ordering programs, as well as in the urban development plans or programs that are applicable. Likewise, the local ecological ordering programs will foresee the coordination mechanisms, between the different authorities involved, in the formulation and execution of the programs; V.- When a local ecological ordering program includes a protected natural area, jurisdiction of the Federation, or part of it, the program will be prepared and approved jointly by the Secretariat and the Governments of the States, the Federal District and the Federal District. the Municipalities, as appropriate; VI.- The local ecological ordering programs will regulate the uses of the land, including ejidos, communities and small properties, expressing the motivations that justify it; VII.- For the elaboration of local ecological ordering programs, the laws on the matter will establish the mechanisms that guarantee the participation of individuals, groups and social and business organizations and other interested parties. Said mechanisms will include, at least, procedures for dissemination and public consultation of the respective programs. 19 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services The local laws on the matter will establish the forms and procedures for individuals to participate in the execution, surveillance and evaluation of the ecological ordering programs referred to in this precept, and VIII.- The Federal Government may participate in the consultation referred to in the previous section and will issue the recommendations it deems pertinent. Article added DOF 13-12-1996 ARTICLE 20 BIS 6.- The Secretariat may formulate, issue and execute, in coordination with the competent Units, marine ecological ordering programs. The purpose of these programs will be to establish the guidelines and provisions to which the preservation, restoration, protection and sustainable use of existing natural resources in specific areas or surfaces located in Mexican marine zones, including adjacent federal zones, must adhere. Article added DOF 13-12-1996 ARTICLE 20 BIS 7.- The marine ecological zoning programs must contain, therefore, any less: I.- The precise delimitation of the area that the program will cover; II.- The determination of the ecological zones based on the characteristics, availability and demand of the natural resources included in them, as well as the type of productive activities that are carried out in them, and III.- The guidelines, strategies and other provisions for the preservation, protection, restoration and sustainable use of natural resources, as well as the performance of productive activities and other works or activities that may affect the respective ecosystems. In determining such provisions, the criteria established in this Law, the provisions derived from it, the international treaties to which Mexico is a party, and other ordinances that regulate the matter must be considered. Article added DOF 13-12-1996 SECTION III Economic Instruments Name of the section amended DOF 12-13-1996 ARTICLE 21.- The Federation, the States and the Federal District, within the scope of their respective powers, will design, develop and apply economic instruments that encourage compliance with the objectives of the environmental policy, and through which the following will be sought: I.- Promote a change in the behavior of people who carry out industrial, commercial and service activities, in such a way that their interests are compatible with the collective interests of environmental protection and sustainable development; II.- Promote the incorporation of reliable and sufficient information on the consequences, environmental benefits and costs to the price system of the economy; III.- Grant incentives to those who carry out actions for the protection, preservation or restoration of the ecological balance. Likewise, they must ensure that those who damage the environment, make improper use of natural resources or alter ecosystems, assume the respective costs; 20 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services IV.- Promote greater social equity in the distribution of costs and benefits associated with environmental policy goals, and V.- Seek their joint use with other environmental policy instruments, especially when it comes to observing thresholds or limits in the use of ecosystems, in such a way as to guarantee their integrity and balance, and the health and well-being of the population. Article revised DOF 13-12-1996 ARTICLE 22.- Regulatory and administrative mechanisms of a fiscal, financial or market nature, through which people assume the environmental benefits and costs generated by their economic activities, encouraging them to carry out actions that favor the environment, are considered economic instruments. Economic instruments of a fiscal nature are considered to be fiscal incentives that encourage compliance with the objectives of the environmental policy. In no case, these instruments will be established exclusively for collection purposes. Financial instruments are credits, bonds, civil liability insurance, funds and trusts, when their objectives are aimed at the preservation, protection, restoration or sustainable use of natural resources and the environment, as well as the financing of programs , projects, studies, scientific research, technological development and innovation for the preservation of the ecological balance and protection of the environment. Revised paragraph DOF 29-05-2012 Market instruments are concessions, authorizations, licenses and permits that correspond to pre- established volumes of emissions of pollutants in the air, water or soil, or that establish the limits of use of natural resources, or construction in protected natural areas or in areas whose preservation and protection is considered relevant from the environmental point of view. The privileges derived from the economic market instruments will be transferable, non-taxable and will be subject to the public interest and the sustainable use of natural resources. Article revised DOF 13-12-1996 ARTICLE 22 Bis. They are considered a priority, for purposes of granting tax incentives that are established in accordance with the Income Law of the Federation, the activities related to: I.- Scientific and technological research, incorporation, innovation or use of mechanisms, equipment and technologies that aim to avoid, reduce or control pollution or environmental deterioration, as well as the efficient use of natural resources and energy; Section reformed DOF 05-29-2012 II.- The investigation and incorporation of energy saving systems and the use of energy sources cleaner energy; III.- Savings and sustainable use and prevention of water pollution; IV.- The location and relocation of industrial, commercial and service facilities in environmentally suitable areas; V.- The establishment, management and surveillance of protected natural areas, and 21 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services VI.- The processes, products and services that, in accordance with the applicable regulations, have been environmentally certified, and Fraction added DOF 07-05-2007 VII.- In general, those activities related to the preservation and restoration of the ecological balance and the protection of the environment. DOF traveled fraction 07-05-2007 Article added DOF 13-12-1996 SECTION IV Environmental Regulation of Human Settlements Name of the section amended DOF 12-13-1996 ARTICLE 23.- To contribute to the achievement of the objectives of the environmental policy, the planning of urban development and housing, in addition to complying with the provisions of article 27 of the Constitution regarding human settlements, it will consider the following criteria: I.- The urban development plans or programs must take into account the guidelines and strategies contained in the ecological planning programs of the territory; II.- In the determination of the uses of the land, it will seek to achieve diversity and efficiency of the same and the development of segregated or unifunctional schemes will be avoided, as well as the tendencies towards extensive suburbanization; III.- In determining the areas for the growth of population centers, the mixture of residential uses with productive uses that do not represent risks or damage to the health of the population will be encouraged and areas with high environmental value; IV.- The establishment of collective transportation systems and other means of high energy and environmental efficiency; V.- Ecological conservation areas around human settlements will be established and managed as a priority; VI.- The authorities of the Federation, the States, the Federal District and the Municipalities, in the sphere of their competence, will promote the use of economic, fiscal and financial instruments of urban and environmental policy, to induce behaviors compatible with the protection and environmental restoration and sustainable urban development; VII.- The use of water for urban uses must equitably incorporate the costs of its treatment, considering the impact on the quality of the resource and the quantity used; VII. In the determination of areas for highly risky activities, intermediate safeguard zones will be established in which residential, commercial or other uses that put the population at risk will not be allowed; Section reformed DOF 05-29-2012 IX. The ecological policy must seek to correct those imbalances that deteriorate the quality of life of the population and, at the same time, anticipate the growth trends of the human settlement, to maintain a sufficient relationship between the resource base and the population, and take care of ecological and environmental factors that are an integral part of the quality of life, and Section reformed DOF 05-29-2012 22 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services X. The authorities of the Federation, the States, the Federal District and the Municipalities, in the sphere of their competence, must avoid human settlements in areas where the populations are exposed to the risk of disasters due to the adverse impacts of climate change. Fraction added DOF 05-29-2012 Article revised DOF 13-12-1996 ARTICLE 24.- Repealed. Article repealed DOF 12-13-1996 ARTICLE 25.- Repealed. Article repealed DOF 12-13-1996 ARTICLE 26.- Repealed. Article repealed DOF 12-13-1996 ARTICLE 27.- Repealed. Article repealed DOF 12-13-1996 SECTION V Environmental impact evaluation ARTICLE 28.- The evaluation of the environmental impact is the procedure through which the Secretariat establishes the conditions to which the execution of works and activities that may cause ecological imbalance or exceed the limits and conditions established in the applicable provisions to protect the environment and preserve and restore ecosystems, in order to avoid or minimize their negative effects on the environment. For this, in the cases in which the Regulations issued for this purpose determine, those who intend to carry out any of the following works or activities, will previously require the authorization in terms of environmental impact from the Secretariat: Revised paragraph DOF 23-02-2005 I.- Hydraulic works, general communication routes, oil pipelines, gas pipelines, carboducts and polyducts; II.- Petroleum, petrochemical, chemical, iron and steel, paper, sugar, cement and electrical industries; III.- Exploration, exploitation and benefit of minerals and substances reserved to the Federation in the terms of the Mining and Regulatory Laws of Article 27 of the Constitution on Nuclear Matters; IV.- Hazardous waste treatment, confinement or disposal facilities, as well as radioactive waste; V.- Forest exploitation in tropical forests and species of difficult regeneration; VI. Se deroga. Subsection repealed DOF 02-25-2003 VII.- Changes in land use in forest areas, as well as in jungles and arid zones; VIII.- Industrial parks where highly risky activities are expected to be carried out; IX.- Real estate developments that affect coastal ecosystems; 23 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services X.- Works and activities in wetlands, mangroves, lagoons, rivers, lakes and estuaries connected with the sea, as well as on its coastlines or federal zones; XI. Works and activities in protected natural areas under the jurisdiction of the Federation; Section reformed DOF 02-23-2005 XII.- Fishing, aquaculture or agricultural activities that may endanger the preservation of one or more species or cause damage to ecosystems, and XIII.- Works or activities that correspond to matters of federal competence, that may cause serious and irreparable ecological imbalances, damage to public health or ecosystems, or exceed the limits and conditions established in the legal provisions related to the preservation of the ecological balance. and the protection of the environment. The Regulation of this Law will determine the works or activities referred to in this article, which due to their location, dimensions, characteristics or scope do not produce significant environmental impacts, do not cause or may cause ecological imbalances, nor exceed the limits and conditions established in the legal provisions related to the preservation of the ecological balance and the protection of the environment, and that therefore should not be subject to the environmental impact assessment procedure provided for in this ordinance. For the purposes referred to in section XIII of this article, the Secretariat will notify the interested parties of its determination so that they submit the corresponding work or activity to the environmental impact assessment procedure, explaining the reasons that justify it, with the purpose of that they present the reports, opinions and considerations that they deem appropriate, within a period not exceeding ten days. Once the documentation of the interested parties has been received, the Secretariat, within a period not exceeding thirty days, will inform them whether or not the presentation of an environmental impact statement is appropriate, as well as the modality and the term to do so. Once the indicated period has elapsed, without the Ministry issuing the corresponding communication, it will be understood that the presentation of an environmental impact statement is not necessary. Article revised DOF 13-12-1996 ARTICLE 29.- The negative effects on the environment, natural resources, wild flora and fauna and other resources referred to in this Law, could be caused by works or activities under federal jurisdiction that do not require submitting to the evaluation procedure of environmental impact referred to in this section, will be subject to the provisions of the same, its regulations, the official Mexican standards on environmental matters, the legislation on natural resources that is applicable, as well as through the permits, licenses, authorizations and concessions that are required according to said regulations. Article revised DOF 13-12-1996 ARTICLE 30.- To obtain the authorization referred to in article 28 of this Law, the interested parties must submit to the Secretariat an environmental impact statement, which must contain, at least, a description of the possible effects on the the ecosystems that could be affected by the work or activity in question, considering the set of elements that make up said ecosystems, as well as the preventive, mitigation and other measures necessary to avoid and minimize the negative effects on the ambient. In the case of activities considered highly risky under the terms of this Law, the statement must include the corresponding risk study. If after the presentation of an environmental impact statement, modifications are made to the project of the respective work or activity, the interested parties must make them known to the 24 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services Secretariat, so that it, within a period not exceeding 10 days, notify them if it is necessary to present additional information to evaluate the effects on the environment, which could cause such modifications, in terms of the provisions of this Law. The contents of the preventive report, as well as the characteristics and modalities of the environmental impact statements and the risk studies will be established by the Regulations of this Law. Article revised DOF 13-12-1996 ARTICLE 31.- Carrying out the works and activities referred to in sections I to XII of article 28, will require the presentation of a preventive report and not an environmental impact statement, when: I.- There are official Mexican standards or other provisions that regulate emissions, discharges, the use of natural resources and, in general, all the relevant environmental impacts that the works or activities may produce; II.- The works or activities in question are expressly provided for by a partial plan for urban development or ecological zoning that has been evaluated by the Secretariat in the terms of the following article, or III.- In the case of facilities located in authorized industrial parks under the terms of this section. In the previous cases, the Secretariat, once the preventive report has been analyzed, will determine, within a period not exceeding twenty days, if the presentation of an environmental impact statement is required in any of the modalities provided for in the regulations of this Law. , or if you are in any of the cases indicated. The Secretariat will publish in its Ecological Gazette, the list of preventive reports that are presented in the terms of this article, which will be available to the public. Article revised DOF 13-12-1996 ARTICLE 32.- In the event that a partial plan or program for urban development or ecological zoning of the territory includes works or activities of those indicated in article 28 of this Law, the competent authorities of the States, the Federal District or the Municipalities must present said plans or programs to the Secretariat, so that the latter issues the corresponding authorization in terms of environmental impact, with respect to the set of works or activities that are expected to be carried out in a given area, in the terms provided in Article 31 of this Law. Article revised DOF 13-12-1996, 20-05-2013 ARTICLE 33.- In the case of the works and activities referred to in sections IV, VIII, IX and XI of article 28, the Secretariat will notify the state and municipal governments or the Federal District, as appropriate, that it has received the manifestation of respective environmental impact, so that they express what is appropriate to their right. The authorization issued by the Secretariat will not oblige in any way the local authorities to issue the corresponding authorizations within the scope of their respective powers. Article revised DOF 13-12-1996 ARTICLE 34.- Once the Secretariat receives an environmental impact statement and integrates the file referred to in article 35, it will make it available to the public, so that it can be consulted by any person. 25 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services The promoters of the work or activity may require that the information that has been integrated into the file and that, if made public, could affect industrial property rights, and the confidentiality of the commercial information provided by the interested party, be kept confidential. The Secretariat, at the request of any person from the community in question, may carry out a public consultation, in accordance with the following bases: I.- The Secretariat will publish the request for authorization in matters of environmental impact in its Ecological Gazette. Likewise, the promoter must publish, at his own expense, an extract of the project of the work or activity in a newspaper with wide circulation in the federal entity in question, within a period of five days from the date on which it is presented. the statement of environmental impact to the Secretariat; II.- Any citizen, within a period of ten days from the publication of the extract of the project in the aforementioned terms, may request the Secretariat to make available to the public in the corresponding federal entity, the statement of environmental impact; III.- In the case of works or activities that may generate serious ecological imbalances or damage to public health or ecosystems, in accordance with what is indicated in the regulations of this Law, the Secretariat, in coordination with local authorities, may organize a public information meeting in which the promoter will explain the environmental technical aspects of the work or activity in question; IV.- Any interested party, within a period of twenty days counted from the time the Secretariat makes the environmental impact statement available to the public under the terms of section I, may propose the establishment of additional prevention and mitigation measures, as well as the observations that it considers pertinent, and V.- The Secretariat will add the observations made by the interested parties to the respective file and will record, in the resolution that it issues, the public consultation process carried out and the results of the observations and proposals that have been formulated in writing. Article revised DOF 13-12-1996 ARTICLE 35.- Once the environmental impact statement has been presented, the Secretariat will initiate the evaluation procedure, for which it will check that the application complies with the formalities provided for in this Law, its Regulations and the applicable official Mexican standards, and will integrate the respective file within a period not exceeding ten days. For the authorization of the works and activities referred to in article 28, the Secretariat will be subject to what is established by the aforementioned regulations, as well as the urban development and ecological planning programs of the territory, the declarations of protected natural areas and the other legal provisions that are applicable. Likewise, for the authorization referred to in this article, the Secretariat must evaluate the possible effects of said works or activities on the ecosystem or ecosystems in question, considering the set of elements that make them up and not only the resources that, in If applicable, they would be subject to exploitation or affectation. Once the environmental impact statement has been evaluated, the Secretariat will issue, duly founded and motivated, the corresponding resolution in which it may: I.- Authorize the performance of the work or activity in question, in the terms requested; 26 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services II.- Conditionally authorize the work or activity in question, the modification of the project or the establishment of additional prevention and mitigation measures, in order to avoid, mitigate or compensate the adverse environmental impacts that may be produced. in construction, normal operation and in case of accident. In the case of conditional authorizations, the Secretariat will indicate the requirements that must be observed in carrying out the planned work or activity, or III.- Deny the requested authorization, when: a) The provisions of this Law, its regulations, the official Mexican standards and other applicable provisions; b) The work or activity in question may cause one or more species to be declared as threatened or in danger of extinction or when one of said species is affected, or c) There is falsity in the information provided by the promoters, regarding the impacts environment of the work or activity in question. The Secretariat may require the granting of insurance or guarantees regarding compliance with the conditions established in the authorization, in those cases expressly indicated in the regulations of this Law, when serious damage to ecosystems may occur during the execution of the works. The resolution of the Secretariat will only refer to the environmental aspects of the works and activities in question. Article revised DOF 13-12-1996 ARTICLE 35 BIS.- The Secretariat within a period of sixty days counted from receipt of the environmental impact statement, the corresponding resolution must be issued. The Secretariat may request clarifications, rectifications or extensions to the content of the environmental impact statement that is presented to it, suspending the remaining term to conclude the procedure. In no case may the suspension exceed a period of sixty days, counted from the day it is declared by the Secretary, and as long as the required information is delivered. Exceptionally, when due to the complexity and dimensions of a work or activity, the Secretariat requires a longer term for its evaluation, it may be extended for up to sixty additional days, provided that it is justified in accordance with the provisions of the regulations of this Law. . Article added DOF 13-12-1996 ARTICLE 35 BIS 1.- The people who provide environmental impact services, will be responsible before the Secretariat for the preventive reports, environmental impact statements and risk studies that they prepare, who will declare under protest to tell the truth that they incorporate the best existing techniques and methodologies, as well as information and the most effective prevention and mitigation measures. Likewise, the preventive reports, the environmental impact statements and the risk studies may be presented by the interested parties, research institutions, colleges or professional associations, in this case the responsibility regarding the content of the document will correspond to the person who signs it. Article added DOF 13-12-1996 27 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 35 BIS 2.- The environmental impact that could be caused by the works or activities not included in article 28 will be evaluated by the authorities of the Federal District or the States, with the participation of the respective municipalities, when due to their location, dimensions or characteristics produce significant environmental impacts on the environment, and are expressly indicated in the state environmental legislation. In these cases, the environmental impact assessment may be carried out within the authorization procedures for land use, construction, subdivisions, or others established by state laws and the provisions derived from it. Said ordinances will provide what is necessary in order to make the environmental policy compatible with that of urban development and to avoid unnecessary duplication of administrative procedures in the matter. Article added DOF 13-12-1996 ARTICLE 35 BIS 3.- When the works or activities indicated in article 28 of this Law require, in addition to the authorization in terms of environmental impact, to have authorization to start work; It must be verified that the person responsible has the environmental impact authorization issued in terms of the provisions of this ordinance. Likewise, the Secretariat, at the request of the promoter, will integrate the authorization in matters of environmental impact, the other permits, licenses and authorizations of its competence, which are required to carry out the works and activities referred to in this article. Article added DOF 13-12-1996 SECTION VI Official Mexican Standards on Environmental Matters Name of the section amended DOF 12-13-1996 ARTICLE 36.- To guarantee the sustainability of economic activities, the Secretariat will issue official Mexican standards on environmental matters and for the sustainable use of natural resources, which are intended to: I.- Establish the requirements, specifications, conditions, procedures, goals, parameters and permissible limits that must be observed in regions, zones, basins or ecosystems, in the use of natural resources, in the development of economic activities, in the production, use and destination of goods, inputs and processes; Section reformed DOF 05-24-2013 II.- Consider the necessary conditions for the welfare of the population and the preservation or restoration of natural resources and protection of the environment; III.- Stimulate or induce economic agents to reorient their processes and technologies to the environmental protection and sustainable development; IV.- Grant long-term certainty to investment and induce economic agents to assume the costs of the environmental damage they cause, and V.- Promote productive activities in a framework of efficiency and sustainability. The issuance and modification of the official Mexican standards on environmental matters will be subject to the procedure established in the Federal Law on Metrology and Standardization. Article revised DOF 13-12-1996 ARTICLE 37.- In the formulation of official Mexican regulations on environmental matters, it must be considered that compliance with their provisions must be carried out in accordance with the 28 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services characteristics of each production process or activity subject to regulation, without implying the mandatory use of specific technologies. When the official Mexican regulations on environmental matters establish the use of equipment, processes or specific technologies, the recipients of the same may propose to the Secretariat for its approval, the alternative equipment, processes or technologies through which they will be adjusted to the corresponding provisions. For this purpose, the interested parties will accompany their proposal with the justification on which it is based. to comply with the objectives and purposes established in the Mexican official standard in question. Once the proposal has been received, the Secretariat will issue the respective resolution within a period not to exceed thirty days. In the event that said resolution is not issued within the indicated period, it will be considered that it is negative. When the resolution is favourable, it must be published in an official dissemination body and will take effect for the benefit of whoever requests it, respecting, where appropriate, the rights acquired in matters of industrial property. Article revised DOF 13-12-1996 ARTICLE 37 BIS.- The Ministry in coordination with the Ministry of Economy will promote the identification of products, goods, supplies and services with less environmental impact based on environmental parameters and criteria throughout their life cycle by means of a badge or certificate whose use will be voluntary. These environmental parameters and criteria will be determined by the corresponding official Mexican standards. Article added DOF 24-05-2013 ARTICLE 37 TER.- The Mexican official regulations on environmental matters are of mandatory compliance in the national territory and will indicate their scope of validity, validity and gradualness in their application. Article added DOF 13-12-1996. Tour (formerly Article 37 BIS) DOF 24-05-2013 SECTION VII Self-regulation and Environmental Audits Name of the section amended DOF 12-13-1996 ARTICLE 38.- Producers, companies or business organizations may develop voluntary processes of environmental self-regulation, through which they improve their environmental performance, respecting the current legislation and regulations on the matter and commit to exceed or meet higher levels, goals or environmental protection benefits. The Secretariat at the federal level, will induce or arrange: I.- The development of productive processes and the generation of adequate services compatible with the environment, as well as protection and restoration systems in the matter, agreed with chambers of industry, commerce and other productive activities, producer organizations, representative organizations of a zone or region, scientific and technological research institutions and other interested organizations; II.- Compliance with voluntary standards or technical specifications in environmental matters that are stricter than the official Mexican standards or that refer to aspects not provided for by them, which will be established in common agreement with individuals or with associations or organizations that 29 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services represent them. For this purpose, the Secretariat may promote the establishment of Mexican standards in accordance with the provisions of the Federal Law on Metrology and Standardization; III.- The establishment of certification systems for processes, products and services to induce consumption patterns that are compatible or that preserve, improve, conserve or restore the environment, observing, where appropriate, the applicable provisions of the Federal Law on Metrology and Standardization, and IV.- Other actions that induce companies to achieve the objectives of the environmental policy higher than those provided for in the established environmental regulations. Article revised DOF 13-12-1996, 05-07-2007 ARTICLE 38 BIS.- Those responsible for the operation of a company may voluntarily, through the environmental audit, carry out the methodological examination of its operations, regarding the contamination and the risk they generate, as well as the degree of compliance with the environmental regulations and international parameters and applicable good operating and engineering practices, in order to define the necessary preventive and corrective measures to protect the environment. The Secretariat will develop a program aimed at promoting the performance of environmental audits, and You will be able to supervise its execution. For this purpose: I.- It will prepare the terms of reference that establish the methodology for carrying out the environmental audits; II.- It will establish a system of approval and accreditation of environmental experts and auditors, determining the procedures and requirements that the interested parties must comply with to join said system, and must, where appropriate, observe the provisions of the Federal Law on Metrology and Standardization. For this purpose, it will integrate a technical committee constituted by representatives of institutions of research, professional colleges and associations, and industry sector organizations; III.- It will develop training programs in matters of expert reports and environmental audits; IV.- It will implement a system of acknowledgments and stimuli that allows identifying the industries that they comply in a timely manner with the commitments acquired in the environmental audits; V.- It will promote the creation of regional support centers for small and medium-sized industries, in order to facilitate the performance of audits in said sectors, and VI.- It will agree or arrange with natural or legal persons, public or private, the realization of environmental audits. Article added DOF 13-12-1996 ARTICLE 38 BIS 1.- The Secretariat will make the preventive and corrective programs derived from the environmental audits, as well as the basic diagnosis from which they derive, available to those who are or may be directly affected. In any case, the legal provisions relating to the confidentiality of the information must be observed. industrial and commercial information. Article added DOF 13-12-1996 30 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 38 Bis 2.- The States and the Federal District may establish systems of self-regulation and environmental audits in the areas of their respective powers. Article added DOF 13-12-1996 SECTION VIII Ecological Research and Education ARTICLE 39. The competent authorities will promote the incorporation of ecological content, sustainable development, mitigation, adaptation and reduction of vulnerability to climate change, protection of the environment, knowledge, values and skills, in the various educational cycles, especially at the basic level. , as well as in the cultural formation of children and youth. Revised paragraph DOF 07-01-2000, 13-05-2016 They will also promote the committed participation of the mass media in the strengthening of ecological awareness, and the socialization of sustainable development projects. Revised paragraph DOF 07-01-2000 The Ministry, with the participation of the Ministry of Public Education, will encourage Higher Education institutions and agencies dedicated to scientific and technological research to develop plans and programs for the training of specialists in the field throughout the national territory and for investigation of the causes and effects of environmental phenomena. Through various actions, the Secretariat will promote the generation of strategic knowledge about nature, the interaction between the elements of the ecosystems, including the human being, their evolution and transformation, in order to have information for the preparation of programs that promote the prevention, restoration, conservation and protection of the environment. Added paragraph DOF 07-01-2000 ARTICLE 40.- The Ministry of Labor and Social Welfare, will promote the development of training and education in and for work in matters of environmental protection, and preservation and restoration of the ecological balance, in accordance with the provisions of this Law and in accordance with the systems, methods and procedures provided for by special legislation. Likewise, it will encourage the incorporation of ecological content in the programs of the mixed commissions of safety and hygiene. ARTICLE 41.- The Federal Government, the states and the municipalities, in accordance with the provisions of the local legislatures, will promote scientific research, technological development and innovation, and will also promote programs for the development of techniques and procedures that allow the prevention, control and reduce pollution, promote the sustainable use of natural resources, preserve, protect and restore ecosystems to prevent ecological imbalances and environmental damage, determine vulnerability, as well as adaptation and mitigation measures to climate change. To this end, agreements may be entered into with higher education institutions, research centers, social and private sector institutions, researchers and specialists in the field. Article revised DOF 28-01-2011, 29-05-2012 SECTION IX Information and Surveillance ARTICLE 42.- Repealed. Article repealed DOF 12-13-1996 31 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 43.- Repealed. Article repealed DOF 12-13-1996 CHAPTER V Instruments of the Ecological Policy It is repealed. Chapter repealed DOF 12-13-1996 SECOND TITLE Biodiversity Denomination of Title amended DOF 12-13-1996 CHAPTER I Protected natural areas Name of the Chapter amended DOF 12-13-1996 SECTION I General disposition Name of the section amended DOF 12-13-1996 ARTICLE 44.- The areas of the national territory and those over which the Nation exercises sovereignty and jurisdiction, in which the original environments have not been significantly altered by human activity, or where their ecosystems and integral functions need to be preserved and restored, will be subject to the regime provided for in this Law and the other applicable regulations. Revised paragraph DOF 24-05-2013 The owners, holders or holders of other rights over land, water and forests included within protected natural areas must be subject to the modalities that, in accordance with this Law, establish the decrees by which said areas are constituted, as well as the other provisions contained in the management program and in the corresponding ecological zoning programs. Article revised DOF 13-12-1996 ARTICLE 45.- The establishment of protected natural areas has the following purpose: Revised paragraph DOF 13-12-1996 I.- Preserve the representative natural environments of the different biogeographical and ecological regions and of the most fragile ecosystems, as well as their functions, to ensure the balance and continuity of the evolutionary and ecological processes; Section reformed DOF 05-24-2013 II.- Safeguard the genetic diversity of wild species on which evolutionary continuity depends; as well as to ensure the preservation and sustainable use of the biodiversity of the national territory, in particular to preserve the species that are in danger of extinction, the threatened, the endemic, the rare and those that are subject to special protection; Section reformed DOF 12-13-1996 III.- Ensure the preservation and sustainable use of ecosystems, their elements, and their functions; Section amended DOF 12-13-1996, 05-24-2013 IV. Provide a suitable field for scientific research and the study of ecosystems and their balance; 32 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services V.- Generate, rescue and disseminate traditional or new knowledge, practices and technologies that allow the preservation and sustainable use of the biodiversity of the national territory; Section reformed DOF 12-13-1996 SAW. Protect towns, roads, industrial facilities and agricultural uses, through forest areas in mountains where torrents originate; the hydrological cycle in basins, as well as others that tend to protect surrounding elements with which the area is ecologically related; Y VII.- Protect the natural surroundings of archaeological, historical and artistic areas, monuments and vestiges, as well as tourist areas, and other areas of importance for recreation, culture and national identity and that of indigenous peoples. Section reformed DOF 12-13-1996 ARTICLE 45 BIS. The competent authorities will guarantee the granting of fiscal incentives and economic remuneration, with the application of the economic instruments referred to in this ordinance, to the owners, holders or holders of other rights over land, water and forests included within protected natural areas. Article added DOF 31-12-2001 SECTION II Types and Characteristics of Natural Protected Areas Name of the Section amended DOF 12-13-1996 (relocated) ARTICLE 46.- Protected natural areas are considered: I.- Biosphere reserves; II.- Se deroga. Section repealed DOF 12-13-1996 III.- National parks; IV.- Natural monuments; V.- Se deroga. Section repealed DOF 12-13-1996 VI.- Natural resource protection areas; VII.- Flora and fauna protection areas; VIII.— Santuarios; IX.- State Parks and Reserves, as well as other categories established by local legislation; Section amended DOF 07-05-2007, 05-16-2008 X.- Municipal ecological conservation zones, as well as the other categories established by local legislation, and Section reformed DOF 05-16-2008 XI.- Areas voluntarily designated for conservation. 33 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services Fraction added DOF 05-16-2008 For the purposes of what is established in this Chapter, the Federation is responsible for the Protected natural areas included in sections I to VIII and XI previously indicated. Revised paragraph DOF 16-05-2008 The Governments of the States and the Federal District, in the terms established by local legislation on the matter, may establish parks, state reserves and other management categories established by local legislation on the matter, whether they meet any of the characteristics indicated in sections I to VIII and XI of this article or that have their own characteristics according to the particularities of each federal entity. Said protected natural areas may not be established in areas previously declared as protected natural areas under the jurisdiction of the federation, except in the case of those indicated in section VI of this article. Revised paragraph DOF 05-07-2007, 16-05-2008 Likewise, it is up to the municipalities to establish the municipal ecological conservation zones as well as the other categories, in accordance with the provisions of local legislation. Revised paragraph DOF 16-05-2008 In protected natural areas, the foundation of new population centers may not be authorized. The introduction of invasive alien species is prohibited in protected natural areas. Added paragraph DOF 2013-05-24 Article revised DOF 13-12-1996 ARTICLE 47.- In the establishment, administration and management of the protected natural areas referred to in the previous article, the Secretariat will promote the participation of its inhabitants, owners or holders, local governments, indigenous peoples, and other social, public and private, in order to promote the comprehensive development of the community and ensure the protection and preservation of ecosystems and their biodiversity. For this purpose, the Secretariat may sign with the interested parties the concertation agreements or corresponding coordination agreements. Article revised DOF 13-12-1996 ARTICLE 47 BIS. In order to comply with the provisions of this Law, in relation to the establishment of protected natural areas, a division and subdivision will be made to identify and delimit the portions of the territory that comprise it, in accordance with its biological, physical and socioeconomic elements. which constitute a comprehensive and dynamic scheme, so when the territorial delimitation of activities in protected natural areas is carried out, it will be carried out through the following zones and their respective sub-zones, according to their management category : I. The main objective of the core zones will be the preservation of ecosystems and their functionality in the medium and long term, where activities for the preservation of ecosystems and their elements, research and scientific collection, environmental education, and limiting or prohibiting uses that alter ecosystems. These areas may be made up of the following sub-areas: Revised paragraph DOF 24-05-2013 a) Protection: Those surfaces within the protected natural area, which have suffered very little alteration, as well as relevant or fragile ecosystems, or critical habitats, and natural phenomena, which require special care to ensure their long-term conservation. 34 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services In the protection subzones, it will only be allowed to carry out environmental monitoring activities, non- invasive scientific research under the terms of the corresponding regulations, which do not involve the extraction or transfer of specimens, or the modification of the habitat. Reformed item DOF 2013-05-24 b) Restricted use: Those surfaces in a good state of conservation where it is sought to maintain the current conditions of the ecosystems, and even improve them in the places that are required, and in which exploitation activities that do not modify the ecosystems may be exceptionally carried out. ecosystems and are subject to strict control measures. In the restricted use subzones, only non-invasive scientific research and the environmental monitoring, environmental education activities and tourism with low environmental impact, which do not imply modifications of the original natural characteristics or conditions, and the construction of support facilities, exclusively for scientific research or environmental monitoring, and Revised paragraph DOF 24-05-2013 II. The main function of the buffer zones will be to guide the exploitation activities that are carried out there, towards sustainable development, while creating the necessary conditions to achieve the conservation of its ecosystems in the long term. , and may basically be made up of the following subzones: a) Preservation: Those surfaces in a good state of conservation that contain relevant or fragile ecosystems, or relevant natural phenomena, in which the development of activities requires specific management, to achieve their adequate preservation. In the preservation subzones, only scientific research and monitoring of the environment, environmental education activities and production activities with low environmental impact that do not involve substantial modifications of the original natural characteristics or conditions, promoted by local communities or with their participation, and that they are subject to constant supervision of the possible negative impacts they cause, in accordance with the provisions of the applicable legal and regulatory systems. Revised paragraph DOF 24-05-2013 b) Of traditional use: Those surfaces where natural resources have been used in a traditional and continuous manner, without causing significant alterations in the ecosystem. They are particularly related to meeting the socioeconomic and cultural needs of the inhabitants of the protected area. In said subzones, activities that threaten or disturb the natural structure of populations and ecosystems or the proper mechanisms for their recovery may not be carried out. Only scientific research, environmental education and low environmental impact tourism activities may be carried out, as well as, where appropriate, artisanal fishing with low environmental impact gear; as well as the support infrastructure that is required, using eco-techniques and traditional construction materials typical of the region, use of natural resources to satisfy the basic economic needs and self-consumption of the inhabitants, using traditional methods focused on sustainability, in accordance with the provisions of the applicable laws and regulations. Revised paragraph DOF 24-05-2013 c) Sustainable use of natural resources: Those surfaces in which natural resources can be used, and that, for reasons of long-term use and conservation of their ecosystems, it is necessary that all productive activities are carried out under schemes of sustainable use. Revised paragraph DOF 24-05-2013 35 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services In said subzones, the use and management of renewable natural resources will be allowed exclusively, provided that these actions generate benefits preferably for the local inhabitants, scientific research, environmental education and the development of tourist activities with low environmental impact. Likewise, the sustainable use of wildlife may be carried out as long as its controlled reproduction is guaranteed or the populations of the exploited species and the habitat on which they depend are maintained or increased; and are supported by the corresponding plans authorized by the Secretariat, in accordance with the applicable legal and regulatory provisions. d) Sustainable use of ecosystems: Those surfaces with agricultural uses, current fisheries and livestock. In said subzones, low-intensity agricultural, fishing and livestock activities may be carried out on properties, or areas that are suitable for this purpose, and in those in which said activities are carried out on a daily basis, and fishing activities. artisan, agroforestry and silvopastoral, as long as they are compatible with conservation actions in the area, and that, if applicable, contribute to erosion control and prevent soil degradation. The execution of agricultural, fishing, livestock, agroforestry and silvopastoral practices that are not being carried out in a sustainable manner, should be oriented towards sustainability and the reduction of the use of agrochemicals and external inputs for their realization. Reformed item DOF 2013-05-24 e) Of special use: Those surfaces generally of reduced extension, with the presence of natural resources that are essential for social development, and that must be exploited without damaging the ecosystem, modifying the landscape in a substantial way, or causing irreversible environmental impacts on the natural elements that make up In said subzones, only public or private works may be carried out for the installation of infrastructure or exploitation of natural resources, that generate public benefits, that are in harmony with the landscape, that do not cause serious ecological imbalance and that are subject to strict regulations of sustainable use. of natural resources, strictly adhering to the management programs issued by the Secretariat. Reformed item DOF 2013-05-24 f) For public use: Those surfaces that present natural attractions for carrying out recreation and leisure activities, where it is possible to maintain concentrations of visitors, within the limits determined based on the carrying capacity of the ecosystems. In said subzones, the construction of facilities for the development of support services for tourism, research and monitoring of the environment, and environmental education may be carried out exclusively, consistent with the purposes of protection and management of each natural protected area. g) Of human settlements: In those areas where a substantial modification or disappearance of the original ecosystems has been carried out, due to the development of human settlements, prior to the declaration of the protected area, and h) Recovery: Those surfaces in which the natural resources have been severely altered or modified, and which will be subject to recovery and rehabilitation programs, for which the activities that led to such alteration should not continue. Revised paragraph DOF 24-05-2013 36 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services In these subzones, only species native to the region or, where appropriate, species compatible with the functioning and structure of the original ecosystems may only be used for their rehabilitation when it is scientifically proven that the evolution and continuity of natural processes are not affected. Reformed item DOF 2013-05-21 In the buffer zones, the productive activities carried out by the communities that live there at the time of the issuance of the respective declaration must be taken into consideration, based on the provisions of both the respective Management Program and the Ecological Planning Programs that are applicable. Article added DOF 23-02-2005 ARTICLE 47 BIS 1.- Through the declarations of protected natural areas, one or more core and buffer zones may be established, as the case may be, which in turn may be made up of one or more sub-areas, which shall be determined by the corresponding management program, according to the management category assigned to them. In the event that the corresponding declaration only provides for a general polygon, it may be subdivided by one or more subzones provided for buffer zones, based on the corresponding management category. In the biosphere reserves, in the areas of protection of natural resources and in the areas of protection of flora and fauna, all the subzones provided for in article 47 Bis may be established. In national parks, protection and restricted use subzones may be established in their core zones; and subzones of traditional use, public use and recovery in the buffer zones. In the case of the national parks that are located in the Mexican marine areas, in addition to the sub-areas provided for in the previous paragraph, sub-areas for the sustainable use of natural resources will be established. In natural monuments and sanctuaries, protection subzones and restricted use may be established within their core zones; and subzones for public use and recovery in the buffer zones. Article added DOF 23-02-2005 ARTICLE 48.- The biosphere reserves will be constituted in relevant biogeographic areas at the national level, representative of one or more ecosystems not significantly altered by the action of the human being or that require to be preserved and restored, in which representative species of the national biodiversity, including those considered endemic, threatened or in danger of extinction. Revised paragraph DOF 13-12-1996 In the core areas of the biosphere reserves, only the execution of activities for the preservation of ecosystems and their elements, and environmental education, may be authorized, while the performance of uses that alter ecosystems will be prohibited. Revised paragraph DOF 23-02-2005, 24-05-2013 In the case of core areas that are located in marine areas, the traffic of vessels in accordance with the respective management program. Added paragraph DOF 2013-05-24 37 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services Likewise, non-extractive uses of wildlife must be regulated, which must be of low impact, and in accordance with the official Mexican standards issued by the Secretariat for this purpose. Added paragraph DOF 2013-05-24 On the other hand, in the buffer zones of the biosphere reserves, only productive activities undertaken by the communities that live there at the time of the issuance of the respective declaration or with their participation may be carried out, which are strictly compatible with the objectives, criteria and sustainable use programs, under the terms of the respective decree and the management program that is formulated and issued, considering the provisions of the applicable ecological zoning programs. Revised paragraph DOF 13-12-1996, 23-02-2005 DOF Reform 12-13-1996: Repealed the then last paragraph of the article ARTICLE 49.- In the core zones of the protected natural areas it will be expressly prohibited: I. Pour or discharge pollutants into the soil, subsoil and any kind of riverbed, basin or aquifer, as well as carry out any polluting activity; II. Interrupt, fill, drain or divert hydraulic flows; III. Carry out hunting activities or exploitation and use of species of flora and fauna wild and extraction of forest land and its vegetal cover; IV. Introduce exotic specimens or populations of wildlife, as well as genetically modified organisms, and V. Execute actions that contravene the provisions of this Law, the respective declaration and the other provisions derived from them. Article revised DOF 13-12-1996, 05-07-2007 ARTICLE 50.- The national parks will be constituted, in the case of biogeographical representations, at the national level, of one or more ecosystems that are significant for their scenic beauty, their scientific, educational, recreational value, their historical value, for the existence of flora and fauna, due to its aptitude for the development of tourism, or for other analogous reasons of general interest. In national parks, only activities related to the protection of their natural resources, the increase of their flora and fauna and, in general, with the preservation of ecosystems and their elements, as well as with research, recreation, ecological tourism and education. Article revised DOF 13-12-1996 ARTICLE 51.- For the purposes indicated in this Chapter, as well as to protect and preserve marine ecosystems and regulate the sustainable use of aquatic flora and fauna, in the Mexican marine areas, which may include the contiguous federal land-maritime zone, Protected natural areas of the types referred to in sections I, III, IV, VII and VIII of article 46 may be established, taking into account the particular characteristics of each case. In these areas, the appropriate activities or uses will be allowed and, where appropriate, restricted or prohibited, in accordance with the provisions of this Law, the General Law on Sustainable Fisheries and Aquaculture, the General Law on Wildlife, the Federal Law of the Sea, the international conventions to which Mexico is a party and the other applicable legal provisions. Revised paragraph DOF 24-05-2013 38 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services The authorizations, concessions or permits for the use of natural resources in these areas, as well as the transit of vessels in the area or the construction or use of infrastructure within it, will be subject to the provisions of the Management Programs and the corresponding declarations. For the establishment, administration and surveillance of the protected natural areas established in the Mexican marine zones, as well as for the preparation of their management program, the Secretary and the Secretary of the Navy must coordinate, according to their respective competencies. In all cases, the introduction of invasive alien species is prohibited. Revised paragraph DOF 24-05-2013 Revised Article DOF 13-12-1996, 12-02-2007 ARTICLE 52.- Natural monuments will be established in areas that contain one or several natural elements, consisting of places or natural objects, which due to their unique or exceptional character, aesthetic interest, historical or scientific value, are resolved to incorporate into a protection regime. absolute. Such monuments do not have the variety of ecosystems or the area necessary to be included in other management categories. In natural monuments, only activities related to with its preservation, scientific research, recreation and education. Article revised DOF 13-12-1996 ARTICLE 53.- Natural resource protection areas are those intended for the preservation and protection of the soil, hydrographic basins, waters and, in general, natural resources located on forest land with preferably forestry aptitude, provided that said areas are not included in another of the categories provided for in article 46 of this Law. Reserves and forest areas, protection areas for rivers, lakes, lagoons, springs and other bodies considered national waters, particularly when they are used to supply water for the service of populations, are considered within this category. In the natural resource protection areas, only activities related to the preservation, protection and sustainable use of the natural resources included therein, as well as research, recreation, tourism and ecological education, may be carried out, in accordance with the provisions of the decree. that establishes them, the respective management program and the other applicable legal provisions. Article revised DOF 13-12-1996 ARTICLE 54.- The flora and fauna protection areas will be constituted in accordance with the provisions of this Law, the General Law of Wildlife, the Law of Fishing and other applicable, in the places that contain the habitats of whose balance and preservation depend on the existence, transformation and development of wild flora and fauna species. In said areas, activities related to the preservation, repopulation, propagation, acclimatization, refuge, research and sustainable use of the aforementioned species, as well as those related to education and dissemination on the subject, may be allowed. Likewise, the use of natural resources may be authorized for the communities that live there at the time of issuance of the respective declaration, or that is possible according to the studies carried out, which must be subject to the official Mexican regulations and uses of the ground established for this purpose in the declaration itself. Article revised DOF 13-12-1996, 05-07-2007 39 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 55.- Sanctuaries are those areas that are established in areas characterized by a considerable wealth of flora or fauna, or by the presence of species, subspecies or habitat of restricted distribution. Said areas will include ravines, meadows, relicts, caves, caverns, cenotes, coves, or other topographical or geographic units that need to be preserved or protected. In the sanctuaries, only research, recreation and environmental education activities compatible with the nature and characteristics of the area will be allowed. Non-extractive harvesting activities are restricted to management programs and official Mexican standards issued by the Secretariat. Added paragraph DOF 2013-05-24 Article revised DOF 13-12-1996 ARTICLE 55 BIS.- The areas voluntarily destined for conservation are those that may present any of the characteristics and biological elements indicated in articles 48 to 55 of this Law; provide environmental services or that, due to their location, favor the fulfillment of the objectives set forth in article 45 of this Law. For this purpose, the Secretariat will issue a certificate, in the terms of the provisions of Section V of this Chapter. Said properties will be considered as productive areas dedicated to a function of public interest. The establishment, administration and management of the areas voluntarily destined for the Conservation shall be subject to the provisions of Section V of this Chapter. Article added DOF 16-05-2008 ARTICLE 56.- The authorities of the States and of the Federal District, may promote before the Federal Government, the recognition of the protected natural areas that they establish in accordance with their legislation, with the purpose of making the corresponding protection regimes compatible. Article revised DOF 13-12-1996 ARTICLE 56 BIS.- The Secretariat shall establish a National Council of Protected Natural Areas, which shall be made up of representatives of the same, of other dependencies and entities of the Federal Public Administration, as well as of academic institutions and research centers, groups of producers and entrepreneurs, non-governmental organizations and other organizations of a social or private nature, as well as natural persons, with recognized prestige in the matter. The Council will serve as a consultation and support body for the Secretariat in the formulation, execution, follow-up and evaluation of the policy for the establishment, management and surveillance of the protected natural areas of its competence. The opinions and recommendations formulated by the Council must be considered by the Secretariat in the exercise of the powers that correspond to it in matters of protected natural areas in accordance with this and other applicable legal systems. The Council may invite to its sessions representatives of the governments of the States, the Federal District and the Municipalities, when dealing with matters related to protected natural areas of federal competence that are within its territory. Likewise, it may invite representatives of ejidos, communities, owners, possessors and, in general, any person whose participation is necessary according to the matter in question in each case. Article added DOF 13-12-1996 SECTION III 40 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services Declarations for the Establishment, Administration and Surveillance of Natural Areas protected Added section DOF 12-13-1996 ARTICLE 57.- The protected natural areas indicated in sections I to VIII of article 46 of this Law, will be established through a declaration issued by the Head of the Federal Executive in accordance with this and other applicable laws. Article revised DOF 13-12-1996 ARTICLE 58.- Prior to the issuance of the declarations for the establishment of the protected natural areas referred to in the previous article, the studies that justify it must be carried out, in the terms of this chapter, which must be made available. of the public. Likewise, the Secretary must request the opinion of: I.- The local governments in whose territorial districts the natural area in question is located; II.- The dependencies of the Federal Public Administration that must intervene, in accordance with their attributions; III.- Public or private social organizations, indigenous peoples, and other individuals or interested morals, and IV.- The universities, research centers, institutions and organizations of the public, social and private sectors interested in the establishment, administration and surveillance of protected natural areas. Article revised DOF 13-12-1996 ARTICLE 59.- The indigenous peoples, the social, public or private organizations, and other interested persons, may promote before the Secretariat the establishment, in lands of their property or by means of a contract with third parties, of protected natural areas, in the case of protected areas. for the preservation, protection and restoration of biodiversity. The Secretariat, if applicable, will promote before the Federal Executive the issuance of the respective declaration, through which the management of the area by the petitioner will be established, with the participation of the Secretariat in accordance with the attributions that are granted in this regard in this law. (The second paragraph is repealed) Paragraph repealed DOF 05-16-2008 Article revised DOF 13-12-1996 ARTICLE 60.- The declarations for the establishment of protected natural areas indicated in sections I to VIII of article 46 of this Law must contain, at least, the following aspects: I.- The precise delimitation of the area, indicating the surface, location, demarcation and, if applicable, the corresponding zoning; II.- The modalities to which the use or exploitation of natural resources in general or specifically of those subject to protection will be subject within the area; III.- The description of activities that may be carried out in the corresponding area, and the modalities and limitations to which they will be subject; 41 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services IV.- The cause of public utility that in its case bases the expropriation of land, so that the nation acquires its domain, when upon establishing a protected natural area said resolution is required; in these cases, the provisions of the Expropriation, Agrarian Laws and other applicable regulations must be observed; V.- The general guidelines for the administration, the establishment of representative collegiate bodies, the creation of funds or trusts and the preparation of the management program for the area, and VI.- The guidelines for carrying out the actions of preservation, restoration and sustainable use of natural resources within the protected natural areas, for their administration and surveillance, as well as for the elaboration of the administrative rules to which the activities will be subject. within the respective area, in accordance with the provisions of this and other applicable laws; The measures that the Federal Executive may impose for the preservation and protection of protected natural areas, will be only those that are established, according to the respective matters, in this Law, the Forestry, National Waters, Fishing, Federal Hunting Laws , and the others that are applicable. The Secretariat will promote the ecological ordering of the territory within and in the areas of influence of protected natural areas, with the purpose of generating new patterns of regional development in accordance with sustainability objectives. Article revised DOF 13-12-1996 ARTICLE 61.- The declarations must be published in the Official Gazette of the Federation and the owners or possessors of the affected properties will be previously notified in person when their addresses are known; Otherwise, a second publication will be made, which will have notification effects. The declarations will be registered in it or in the corresponding public property registries. ARTICLE 62.- Once a protected natural area has been established, only its extension, and where appropriate, the permitted land uses or any of its provisions, may be modified by the authority that has established it, following the same formalities provided in this Law for the issuance of the respective declaration. Article revised DOF 13-12-1996 ARTICLE 63.- The protected natural areas established by the Federal Executive may include, partially or totally, properties subject to any property regime. The Federal Executive, through the competent dependencies, will carry out the regularization programs for land tenure in protected natural areas, in order to provide legal certainty to the owners and possessors of the properties included therein. The Secretariat will promote that the Federal, State, Municipal and Federal District authorities, within the scope of their competence, in the terms established by the applicable legal provisions and, where appropriate, the management programs, give priority to regularization programs. of land ownership in protected natural areas under federal jurisdiction. The national lands located within protected natural areas of federal jurisdiction, will remain at the disposal of the Secretariat, who will allocate them for the purposes established in the corresponding decree, in accordance with the legal provisions that are applicable. Article revised DOF 13-12-1996 42 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 64.- In the granting or issuance of permits, licenses, concessions, or in general of authorizations to which the exploration, exploitation or use of resources in protected natural areas are subject, the provisions of this Law, of the laws on which the declarations of corresponding creation are based, as well as the preventions of the declarations themselves and the management programs. Revised paragraph DOF 13-12-1996 In such cases, the applicant must demonstrate to the competent authority its technical and economic capacity to carry out the exploration, exploitation or utilization in question, without causing damage to the ecological balance. The Secretariat, as well as the Secretariats of Agriculture, Livestock, Rural Development, Fisheries and Food, and Agrarian Reform, will promptly provide ejidatarios, community members, and small owners with the necessary technical advice to comply with the provisions of the preceding paragraph, when they do not have sufficient financial resources to procure it. Revised paragraph DOF 13-12-1996, 09-04-2012 The Secretariat, based on the technical and socioeconomic studies carried out, may request the competent authority, the cancellation or revocation of the corresponding permit, license, concession or authorization, when the exploration, exploitation or use of resources causes or may cause deterioration to the balance ecological. ARTICLE 64 BIS.- The Federal Executive, through the Ministry in coordination with the Ministry of Finance and Public Credit, as well as the governments of the federal entities and the Municipalities, within the scope of their respective powers: I.- They will promote public and private investments for the establishment and management of the areas protected natural; II.- They will establish or, where appropriate, promote the use of mechanisms to capture resources and finance or support the management of protected natural areas; III.- They will establish economic incentives and fiscal stimuli for people and social organizations, public or private, that participate in the administration and surveillance of protected natural areas, as well as for those who contribute resources for such purposes or allocate their properties to preservation actions in terms of article 59 of this Law, and IV.- They will promote before the Ministry of Finance and Public Credit, that in the Federal participations to States or Municipalities, the total surface that each of these allocates to the preservation of ecosystems and their biodiversity, in terms of what provided in article 46 of this Law. Article added DOF 13-12-1996 ARTICLE 64 BIS 1.- The Federation, the States, the Federal District and the Municipalities, within the scope of their respective competencies, may grant owners, possessors, social, public or private organizations, indigenous peoples, and other interested persons, concessions, permits or authorizations to carry out works or activities in protected natural areas; in accordance with the provisions of this Law, the declaration and the corresponding management program. The agrarian nuclei, indigenous peoples and other owners or holders of the properties in which the aforementioned works or activities are intended to be developed, will have preference to obtain the respective permits, concessions and authorizations. Article added DOF 13-12-1996 43 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 65.- The Secretariat will formulate, within a period of one year counted from the publication of the respective declaration in the Official Gazette of the Federation, the management program of the protected natural area in question, giving participation to the inhabitants , owners and possessors of the properties included therein, to the other competent agencies, the state, municipal and Federal District governments, as the case may be, as well as to social, public or private organizations, and other interested persons. Once a protected natural area under federal jurisdiction has been established, the Secretariat must appoint the Director of the area in question, who will be responsible for coordinating the formulation, execution and evaluation of the corresponding management program, in accordance with the provisions of this Law and the provisions derived from it. Article revised DOF 13-12-1996 ARTICLE 66.- The management program of protected natural areas must contain, therefore, minus the following: I.- The description of the physical, biological, social and cultural characteristics of the protected natural area, in the national, regional and local context, as well as the analysis of the situation of land ownership in the respective surface; II.- The actions to be carried out in the short, medium and long term, establishing their connection with the National Development Plan, as well as with the corresponding sectoral programs. These actions will include, among others, the following: environmental research and education, protection and sustainable use of natural resources, flora and fauna, for the development of recreational activities, tourism, infrastructure works and other productive activities, financing for the administration of the area, prevention and control of contingencies, surveillance and others that due to the characteristics of the protected natural area are required; III.- The way in which the administration of the area will be organized and the participation mechanisms of the individuals and communities settled in it, as well as of all those people, institutions, groups and social organizations interested in its protection and sustainable use; IV.- The specific objectives of the protected natural area; V.- The reference to the official Mexican standards applicable to each and every one of the activities to that the area is secured; VI.- The existing biological inventories and those that are planned to be carried out, and VII.- The rules of an administrative nature to which the activities carried out in the protected natural area in question will be subject. The Secretariat shall publish in the Official Gazette of the Federation, a summary of the respective management program and the location map of the area. Article revised DOF 13-12-1996 ARTICLE 67.- The Secretariat may, once the respective management program is in place, grant the governments of the States, Municipalities and the Federal District, as well as ejidos, agrarian communities, indigenous peoples, groups and organizations social, and business and other interested natural or legal persons, the administration of the protected natural areas referred to in sections I to VIII of article 46 of this Law. For this purpose, the agreements or conventions that according to the applicable legislation. 44 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services Those who, by virtue of the provisions of this article, acquire the responsibility of administering the protected natural areas, will be obliged to abide by the provisions contained in this Law, the regulations, official Mexican norms that are issued in the matter, as well as to comply with the decrees establishing said areas and the respective management programs. The Secretariat shall supervise and evaluate compliance with the agreements and conventions referred to in this precept. Likewise, it must ensure that the aforementioned provisions are observed in the authorizations to carry out activities in protected natural areas of its competence. Article revised DOF 13-12-1996 ARTICLE 68.- Repealed. Article repealed DOF 12-13-1996 ARTICLE 69.- Repealed. Article repealed DOF 12-13-1996 ARTICLE 70.- Repealed. Article repealed DOF 12-13-1996 ARTICLE 71.- Repealed. Article repealed DOF 12-13-1996 ARTICLE 72.- Repealed . Article repealed DOF 12-13-1996 ARTICLE 73.- Repealed. Article repealed DOF 12-13-1996 ARTICLE 74.- The Secretariat will integrate the National Registry of Protected Natural Areas, where the decrees by means of which the protected natural areas of federal interest are declared, and the instruments that modify them must be registered. The registration data of the respective decrees in the corresponding public property registries must be recorded in said Registry. Likewise, the registry of the certificates referred to in article 77 BIS of this Law must be integrated. Revised paragraph DOF 16-05-2008 Any person may consult the National Registry of Protected Natural Areas, which must be integrated into the National System of Environmental Information and Natural Resources. Article revised DOF 13-12-1996 ARTICLE 75.- All acts, agreements and contracts related to property, possession or any right related to real estate located in protected natural areas must contain a reference to the corresponding declaration and its registration data in the Public Registry of Property. Notaries and any other public notaries may only authorize public deeds, acts, agreements or contracts in which they are involved, when the provisions of this article are complied with. ARTICLE 75 BIS.- The income that the Federation receives for the granting of permits, authorizations and licenses in matters of protected natural areas, as determined by the applicable regulations, will be used to carry out actions for the preservation and restoration of biodiversity within of the areas in which such income is generated. Article added DOF 13-12-1996 45 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services SECTION IV National System of Protected Natural Areas Added section DOF 12-13-1996 ARTICLE 76.- The Secretariat will integrate the National System of Protected Natural Areas, with the purpose of including in it the areas that due to their biodiversity and ecological characteristics are considered of special relevance in the country. The integration of natural protected areas under federal jurisdiction to the National System of Natural Protected Areas, by the Secretariat, will require the prior favorable opinion of the National Council of Natural Protected Areas. Article revised DOF 13-12-1996 ARTICLE 77.- The Dependencies of the Federal Public Administration, the governments of the States, the Federal District and the municipalities, must consider in their programs and actions that affect the territory of a protected natural area of federal competence, as well as in the granting of permits, concessions and authorizations for works or activities carried out in said areas, the provisions contained in this Law, the regulations, official Mexican standards issued on the matter, in the decrees by which natural areas are established protected and in the respective management programs. Article revised DOF 13-12-1996 SECTION V Establishment, Administration and Management of Areas Voluntarily Destined for the conservation Added section DOF 16-05-2008 ARTICLE 77 BIS.- The indigenous peoples, social organizations, moral persons, public or private, and other persons interested in voluntarily allocating land they own to conservation, shall establish, administer and manage said areas in accordance with the following: I.- The areas voluntarily destined for conservation will be established by means of a certificate issued by the Secretariat, in which it recognizes them as protected natural areas. Those interested in obtaining said certificate shall submit an application containing: a) Name of the owner; b) Legal document that proves ownership of the property; c) In its case, the resolution of the ejido or communal assembly in which the will to allocate its properties to conservation is manifested; d) Name of the persons authorized to carry out acts of administration in the area; e) Denomination, location, surface and boundaries of the area; f) Description of the general physical and biological characteristics of the area; g) Management strategy that includes the zoning of the area, and h) Term for which the area is to be certified, which may not be less than fifteen years. 46 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services For the preparation of the management strategy referred to in subparagraph g) of this section, the Secretariat will grant the necessary technical advice, at the request of the promoters. In the private and social areas voluntarily destined to the conservation of competence of the Federation, all the subzones provided for in article 47 BIS of this Law may be established, as well as any others freely decided by the owners; II.- The certificate issued by the Secretariat must contain: a) Name of the owner; b) Name, location, surface and boundaries of the area; c) General physical and biological characteristics and the state of conservation of the property, which support the issuance of the certificate; d) Management strategy; e) Duties of the owner, and f) Minimum term of fifteen years. III.- The Secretariat may establish different levels of certification based on the general physical and biological characteristics and the state of conservation of the properties, as well as the term for which the certificate is issued and its management strategy, so that, with Based on these levels, the corresponding authorities define and determine the access to the economic instruments that the owners of said properties will have. Likewise, said levels will be considered by the competent dependencies, in the certification of products or services; IV.- The areas voluntarily destined for conservation will be administered by their owner and will be managed in accordance with the management strategy defined in the certificate. When said areas are located within the polygon of other protected natural areas previously declared as such by the Federation, the Government of the Federal District, the states and the municipalities, the management strategy will observe the provisions of the corresponding declarations and management programs. Likewise, when the Federal Executive, the governments of the States or the municipalities establish a protected natural area whose surface includes totally or partially one or several areas voluntarily destined for conservation, they will take into consideration the management strategies determined in the certificates issued by the Secretary; V.- When the sustainable use of natural resources is carried out in the areas voluntarily destined for conservation, the products obtained may bear a sustainability seal issued by the Secretariat in accordance with the procedure provided for in the Regulation. The provisions of this section do not apply to the use of forest resources whose products will be certified based on the General Law of Sustainable Forest Development, and VI.- The Regulation will establish the procedures related to the modification of surfaces or management strategies, as well as the transmission, extinction or extension of the certificates issued by the Secretariat. Article added DOF 16-05-2008 CHAPTER II Restoration Zones 47 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services Name of the Chapter amended DOF 12-13-1996 (relocated) ARTICLE 78.- In those areas that present processes of degradation or desertification, or serious ecological imbalances, the Secretariat must formulate and execute ecological restoration programs, with the purpose of carrying out the necessary actions for the recovery and reestablishment of the conditions that favor the evolution and continuity of the natural processes that were developed in it. In the formulation, execution and follow-up of said programs, the Secretariat shall promote the participation of owners, possessors, social, public or private organizations, indigenous peoples, local governments, and other interested persons. Article revised DOF 13-12-1996 ARTICLE 78 BIS.- In those cases in which accelerated processes of desertification or degradation are taking place that imply the loss of resources that are very difficult to regenerate, recover or restore, or irreversible effects on ecosystems or their elements, the Secretariat will promote before the Federal Executive the issuance of declarations for the establishment of ecological restoration zones. For this purpose, it will previously prepare the studies that justify them. The declarations must be published in the Official Gazette of the Federation, and will be registered in the Corresponding Public Registry of Property. The declarations may include, partially or totally, properties subject to any property regime, and shall express: I.- The delimitation of the area subject to ecological restoration, specifying surface, location and demarcation; II.- The necessary actions to regenerate, recover or restore the natural conditions of the area; III.- The conditions to which the uses of the land, the use of natural resources, flora and fauna, as well as the performance of any type of work or activity; IV.- The guidelines for the elaboration and execution of the corresponding ecological restoration program, as well as for the participation in said activities of owners, possessors, social, public or private organizations, indigenous peoples, local governments and other interested persons, and V.- The terms for the execution of the respective ecological restoration program. Article added DOF 13-12-1996 ARTICLE 78 BIS 1.- All acts and agreements related to ownership, possession or any other right related to real estate located in the areas that are the subject of the declarations referred to in article 78 BIS will be subject to the application of the modalities provided for in the declarations themselves. Notaries and any other notaries public shall state such circumstance when authorizing the public deeds, acts, agreements or contracts in which they are involved. Any act, agreement or contract that contravenes the provisions of the aforementioned declaration will be null. Article added DOF 13-12-1996 48 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services CHAPTER III Wild Flora and Fauna Name of the Chapter amended DOF 12-13-1996 ARTICLE 79.- For the preservation and sustainable use of wild flora and fauna, The following criteria will be considered: I.- The preservation and conservation of biodiversity and the natural habitat of the species of flora and fauna found in the national territory and in the areas where the nation exercises its sovereignty and jurisdiction; Section reformed DOF 04-06-2010 II.- The continuity of the evolutionary processes of the flora and fauna species and other biological resources, allocating representative areas of the country's ecological systems to preservation and research actions; III.- The preservation of endemic species, threatened, in danger of extinction or subject to special protection; IV.- The fight against trafficking or illegal appropriation of species; V.- The promotion and creation of biological stations for the rehabilitation and repopulation of species wildlife; VI.- The participation of social organizations, public or private, and other stakeholders in the preservation of biodiversity; VII.- The promotion and development of the investigation of the wild fauna and flora, and of the genetic materials, in order to know its scientific, environmental, economic and strategic value for the Nation; VIII.- The promotion of dignified and respectful treatment of animal species, with the purpose of avoiding cruelty against them; IX.- The development of alternative productive activities for rural communities, and X.- The traditional biological knowledge and the participation of the communities, as well as the peoples indigenous people in the elaboration of biodiversity programs for the areas in which they live. Article revised DOF 13-12-1996 ARTICLE 80.- The criteria for the preservation and sustainable use of flora and fauna wild, referred to in article 79 of this Law, will be considered in: Revised paragraph DOF 13-12-1996 I.- The granting of concessions, permits and, in general, all kinds of authorizations for the use, possession, administration, conservation, repopulation, propagation and development of wild flora and fauna; Section reformed DOF 12-13-1996 II.- The establishment or modification of closed seasons for wild flora and fauna; Section reformed DOF 12-13-1996 III. Plant health actions; 49 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services IV.- The protection and conservation of the flora and fauna of the national territory, against the detrimental action of invasive exotic species, plagues and diseases, or the contamination that may derive from plant breeding activities; Section reformed DOF 04-06-2010 V.- The establishment of a national information system on biodiversity and certification of the sustainable use of its components developed by the National Commission for the Knowledge and Use of Biodiversity, as well as the regulation of the preservation and restoration of wild flora and fauna; Section reformed DOF 12-13-1996 SAW. The formulation of the annual program of production, repopulation, cultivation, planting and dissemination of species of aquatic flora and fauna; VII. The creation of refuge areas to protect the aquatic species that require it; Y VII. The determination of the methods and measures applicable or essential for the conservation, cultivation and restocking of fishing resources. ARTICLE 81.- The Secretariat will establish the bans on wild flora and fauna, and their modification or survey, based on the studies previously carried out for this purpose. The closed seasons will have as purpose the preservation, repopulation, propagation, distribution, acclimatization or refuge of the specimens, mainly of those endemic species, threatened, in danger of extinction or subject to special protection. The legal instruments through which closed seasons are established must specify their nature and timing, the limits of the closed areas or zones and the species of flora or fauna included in them, in accordance with the applicable legal provisions. These instruments must be published in the official dissemination body of the State or States where the closed area is located, without prejudice to the provisions of the Federal Law on Metrology and Standardization and other applicable regulations. Article revised DOF 13-12-1996 ARTICLE 82.- The provisions of this Law are applicable to the possession, administration, preservation, repopulation, propagation, import, export and development of wild flora and fauna and genetic material, without prejudice to what is established in other legal systems. Article revised DOF 13-12-1996 ARTICLE 83.- The use of natural resources in areas that are the habitat of wild flora or fauna species, especially those endemic, threatened or in danger of extinction, must be done in such a way that the necessary conditions for subsistence are not altered. , development and evolution of these species. The Secretariat shall promote and support the management of wild flora and fauna, based on traditional biological knowledge, technical, scientific and economic information, with the purpose of making sustainable use of the species. Added paragraph DOF 12-13-1996 ARTICLE 84.- The Secretariat will issue the official Mexican standards for the preservation and sustainable use of wild flora and fauna and other biological resources. Article revised DOF 13-12-1996 50 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 85. When required for the protection of species, habitats, ecosystems, the economy or public health, the Secretariat will promote before the Ministry of Economy the establishment of regulation or restriction measures, in whole or in part, to the export or import of specimens of native or exotic wild flora and fauna and will impose the necessary restrictions for the circulation or transit through the national territory of species of flora and fauna wild from and destined for abroad. Article revised DOF 06-04-2010, 09-04-2012 ARTICLE 86.- The Secretariat is responsible for applying the provisions on the preservation and sustainable use of wild fauna species established by this and other laws, and authorizing their use in economic activities, without prejudice to the powers that correspond to other dependencies, in accordance with other laws. Article revised DOF 13-12-1996 ARTICLE 87.- The use of species of wild flora and fauna in economic activities may be authorized when individuals guarantee their controlled reproduction or development in captivity or semi-captivity or when the exploitation rate is less than the natural renewal of the populations, in accordance with the official Mexican standards issued by the Ministry for this purpose. The use of natural populations of threatened or endangered species may not be authorized, except in cases in which their controlled reproduction and the development of populations of the corresponding species are guaranteed. The authorization for the sustainable use of endemic species will be granted in accordance with the official Mexican standards issued by the Secretariat for this purpose, provided that such use does not threaten or endanger the species. The use of species of wild flora and fauna requires the express consent of the owner or legitimate owner of the property in which they are found. Likewise, the Secretariat may grant said owners or possessors, when they guarantee controlled reproduction and the development of wild fauna populations, the corresponding hunting permits. The collection of species of wild flora and fauna, as well as other biological resources for scientific research purposes, requires authorization from the Secretariat and must be subject to the terms and formalities established in the official Mexican standards that are issued, as well as in the other ordinances that are applicable. In any case, it must be guaranteed that the results of the investigation are available to the public. Said authorizations may not cover the use for purposes of use in biotechnology, which shall be subject to the provisions of article 87 BIS. The use of non-timber forest resources and firewood for domestic use will be subject to to the official Mexican standards issued by the Secretariat and other applicable provisions. Article revised DOF 13-12-1996 ARTICLE 87 BIS.- The use of wild flora and fauna species, as well as other Biological resources for use in biotechnology require authorization from the Secretariat. The authorization referred to in this article may only be granted with the prior, express and informed consent of the owner or legitimate possessor of the property on which the biological resource is located. 51 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services Likewise, said owners or legitimate possessors will have the right to an equitable distribution of the benefits that derive or may derive from the uses referred to in this article, in accordance with the applicable legal provisions. The Secretariat and the other competent dependencies will establish the necessary mechanisms to exchange information regarding authorizations or resolutions related to the use of biological resources for the purposes referred to in this precept. Article added DOF 13-12-1996 ARTICLE 87 BIS 1.- The income that the Federation receives for the granting of permits, authorizations and licenses in matters of wild flora and fauna, as determined by the applicable regulations, will be used to carry out actions for the preservation and restoration of the biodiversity in the areas that constitute the habitat of the wild flora and fauna species for which the corresponding permits, licenses or authorizations were granted. Article added DOF 13-12-1996 ARTICLE 87 BIS 2.- The Federal Government, the governments of the States, the Federal District and the Municipalities, within the scope of their respective powers, will regulate the dignified and respectful treatment that must be given to animals. The Federal Government is responsible for issuing the official Mexican standards that determine the basic principles of dignified and respectful treatment provided for by this Law, which include conditions of captivity, exhibition, transportation, feeding, exploitation, training, maintenance and slaughter of animals, as well as monitoring its fulfillment. Revised paragraph DOF 09-01-2015 Added article DOF 12-13-1996. Renovated DOF 11-05-2013 THIRD TITLE Sustainable Use of Natural Elements Denomination of Title amended DOF 12-13-1996 CHAPTER I Sustainable Use of Water and Aquatic Ecosystems Name of the Chapter amended DOF 12-13-1996 ARTICLE 88.- For the sustainable use of water and aquatic ecosystems, The following criteria will be considered: Revised paragraph DOF 13-12-1996 I. The State and society are responsible for the protection of aquatic ecosystems and the balance of the natural elements that intervene in the hydrological cycle; II.- The sustainable use of the natural resources that comprise the aquatic ecosystems must be carried out in such a way that their ecological balance is not affected; Section reformed DOF 12-13-1996 III.- To maintain the integrity and balance of the natural elements that intervene in the hydrological cycle, the protection of soils and wooded and jungle areas must be considered, as well as the maintenance of basic flows of water currents, and the recharge capacity. of the aquifers, and Section reformed DOF 12-13-1996 52 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services IV.- The preservation and sustainable use of water, as well as of aquatic ecosystems, is the responsibility of its users, as well as of those who carry out works or activities that affect said resources. Fraction added DOF 12-13-1996 ARTICLE 89.- The criteria for the sustainable use of water and ecosystems aquatic, will be considered in: Revised paragraph DOF 13-12-1996 I. The formulation and integration of the National Hydraulic Program; II. The granting of concessions, permits, and in general all kinds of authorizations for the use of natural resources or the performance of activities that affect or may affect the hydrological cycle; III. The granting of authorizations for the diversion, extraction or derivation of nationally owned waters; IV.- The establishment of regulated, closed or reserved areas; Section reformed DOF 12-13-1996 V.- The suspensions or revocation of permits, authorizations, concessions or assignments granted in accordance with the provisions set forth in the National Water Law, in those cases of works or activities that damage the national hydraulic resources or that affect the ecological balance; Section reformed DOF 12-13-1996 VI.- The operation and administration of the drinking water and sewage systems that serve the population centers and industries; Section reformed DOF 12-13-1996 VII.- The forecasts contained in the master program for the urban development of the Federal District regarding the water reuse policy; Section reformed DOF 12-13-1996 VIII.- The policies and programs for the protection of endemic, threatened aquatic species, in endangered or subject to special protection; Section reformed DOF 12-13-1996 IX.- Concessions for carrying out aquaculture activities, in terms of the provisions of the Fisheries Law, and Section reformed DOF 12-13-1996 X.- The creation and administration of fisheries protection areas or zones. Section reformed DOF 12-13-1996 XI.- All those practices of different productive sectors that affect the quality of the water surface and underground. Section repealed DOF 12-13-1996. Added DOF 06-19-2007 XII.- Se deroga. Section repealed DOF 12-13-1996 ARTICLE 90.- The Ministry, in coordination with the Ministry of Health, will issue the official Mexican standards for the establishment and management of protection zones for rivers, springs, 53 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services deposits and, in general, sources of water supply for the service of populations and industries, and will promote the establishment of water reserves for human consumption. Article revised DOF 13-12-1996 ARTICLE 91.- The granting of authorizations to affect the course or channel of currents of water, will be subject to the ecological criteria contained in this Law. ARTICLE 92.- In order to ensure the availability of water and reduce waste levels, the competent authorities will promote the saving and efficient use of water, the treatment of wastewater and its reuse. Article revised DOF 13-12-1996 ARTICLE 93.- The Secretariat will carry out the necessary actions to avoid, and where appropriate, control processes of eutrophication, salinization and any other process of contamination in national waters. Article revised DOF 13-12-1996 ARTICLE 94.- The exploration, exploitation, use and administration of living and non-living aquatic resources shall be subject to the provisions of this Law, the Fisheries Law, the official Mexican regulations and other applicable provisions. Article revised DOF 13-12-1996 ARTICLE 95.- The Secretariat must request the interested parties, in the terms indicated in this Law, to carry out environmental impact studies prior to the granting of concessions, permits and, in general, authorizations for carrying out fishing activities, when the use of the species endangers its preservation or may cause ecological imbalance. Article revised DOF 13-12-1996 ARTICLE 96.- The Secretariat will issue the official Mexican standards for the protection of aquatic ecosystems and will promote the coordination of actions for the preservation and restoration of aquatic ecosystems with the productive sectors and the communities. Article revised DOF 13-12-1996 ARTICLE 97.- The Secretariat will establish nurseries, hatcheries and reserves of species of flora and fauna aquatic. Article revised DOF 13-12-1996 CHAPTER II Preservation and Sustainable Use of the Land and its Resources Name of the Chapter amended DOF 12-13-1996 ARTICLE 98.- For the preservation and sustainable use of the soil, the following criteria: Revised paragraph DOF 13-12-1996 I. The use of the land must be compatible with its natural vocation and must not alter the balance of the ecosystems; II. Land use must be done in such a way that it maintains its physical integrity and productive capacity; III. The productive uses of the land must avoid practices that favor erosion, degradation or modification of the topographical characteristics, with adverse ecological effects; 54 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services IV.- In the actions of preservation and sustainable use of the soil, the necessary measures must be considered to prevent or reduce its erosion, deterioration of the physical, chemical or biological properties of the soil and the lasting loss of natural vegetation; Section reformed DOF 12-13-1996 V.- In the areas affected by phenomena of degradation or desertification, they should be carried out the necessary regeneration, recovery and rehabilitation actions, in order to restore them, and Section reformed DOF 12-13-1996 VI.- The performance of public or private works that by themselves may cause severe deterioration of the soil, must include equivalent actions of regeneration, recovery and restoration of its natural vocation. Fraction added DOF 12-13-1996 ARTICLE 99.- The ecological criteria for the preservation and sustainable use of the soil will be considered in: Revised paragraph DOF 13-12-1996 I. The support for agricultural activities granted by the Federal Government, directly or indirectly, whether of a credit, technical or investment nature, to promote the progressive incorporation of crops compatible with the preservation of the ecological balance and the restoration of natural resources. ecosystems; II. The foundation of population centers and the establishment of human settlements; III.- The establishment of uses, reserves and destinations, in the urban development plans, as well as in the actions of improvement and conservation of the population centers; Section reformed DOF 12-13-1996 IV. The determination of uses, reserves and destinations in forest estates; V.- The establishment of forest areas and reserves; Section reformed DOF 12-13-1996 SAW. The determination or modification of the limits established in the range coefficients; VII.- The provisions, technical guidelines and programs for the protection and restoration of soils in agricultural, forestry and hydraulic activities; Section reformed DOF 12-13-1996 VII. The establishment of soil conservation districts; IX. The forest management of the hydrographic basins of the national territory; X. The granting and modification, suspension or revocation of forest use permits; XI. The activities of extraction of materials from the subsoil; the exploration, exploitation, benefit and use of mineral substances; excavations and all those actions that alter the cover and forest soils; Y XII.- The formulation of the ecological ordering programs referred to in this Law. Section reformed DOF 12-13-1996 55 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 100.- The authorizations for the use of forest resources imply the obligation to make a sustainable use of that resource. When forestry activities seriously deteriorate the ecological balance, affect the biodiversity of the area, as well as the regeneration and productive capacity of the land, the competent authority will revoke, modify or suspend the respective authorization in terms of the provisions of the General Development Law. Sustainable Forestry. Revised Article DOF 13-12-1996, 25-02-2003 ARTICLE 101.- In the jungle areas, the Federal Government will attend as a priority, in accordance with the applicable provisions: I.- The preservation and sustainable use of jungle ecosystems, where there are established agricultural activities; Section reformed DOF 12-13-1996 II.- The progressive change of the practice of slashing, slashing and burning to others that do not imply deterioration of the ecosystems, or those that do not allow their natural regeneration or that alter the processes of ecological succession; Section reformed DOF 12-13-1996 III.- Compliance, in the extraction of non-renewable resources, with the criteria established in this Law, as well as with the official Mexican standards that are issued for this purpose; Section reformed DOF 12-13-1996 IV.- The introduction of crops compatible with ecosystems and that favor their restoration when they have suffered deterioration; Section reformed DOF 12-13-1996 V.- The ecological regulation of human settlements; Section reformed DOF 12-13-1996 VI.- The prevention of erosion phenomena, deterioration of the physical, chemical or soil biology and lasting loss of natural vegetation, and Fraction added DOF 12-13-1996 VII.- The regeneration, recovery and rehabilitation of the areas affected by phenomena of degradation or desertification, in order to restore them. Fraction added DOF 12-13-1996 ARTICLE 101 BIS.- In carrying out activities in arid zones, the criteria for the preservation and sustainable use of the soil established in this Law and other applicable provisions must be observed. Article added DOF 13-12-1996 ARTICLE 102.- All authorizations that affect land use in jungle or arid areas, as well as the ecological balance of their ecosystems, are subject to the criteria and provisions established by this Law and other applicable ones. Article revised DOF 13-12-1996 ARTICLE 103.- Those who carry out agricultural and livestock activities must carry out the practices of preservation, sustainable use and restoration necessary to avoid soil degradation and ecological imbalances and, where appropriate, achieve its rehabilitation, in the terms of the provisions of this and other applicable laws. Article revised DOF 13-12-1996 56 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 104.- The Secretariat will promote before the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food and the other agencies and competent entities, the introduction and generalization of soil protection and restoration practices in agricultural activities, as well as the carrying out environmental impact studies that must be carried out prior to the granting of authorizations to carry out changes in land use, when there are elements that allow serious deterioration of the affected soils and the ecological balance of the area to be foreseen. Revised DOF Article 13-12-1996, 25-02-2003, 20-05-2013 ARTICLE 105.- In the fiscal incentives granted to forestry activities, ecological criteria must be considered in such a way that the development and integral promotion of forestry activity, the establishment and expansion of forest plantations and works for soil protection are promoted. forestry, under the terms of this Law and the Forestry Law. Article revised DOF 13-12-1996 ARTICLE 106.- Repealed. Article repealed DOF 12-13-1996 ARTICLE 107.- Repealed. Article repealed DOF 12-13-1996 CHAPTER III Of the Exploration and Exploitation of Non-Renewable Resources in the Equilibrium Ecological Name of the Chapter amended DOF 12-13-1996 ARTICLE 108.- To prevent and control the effects generated in the exploration and exploitation of non- renewable resources in the ecological balance and integrity of ecosystems, the Secretariat will issue the official Mexican standards that allow: Revised paragraph DOF 13-12-1996 I.- The control of the quality of the waters and the protection of those that are used or are the result of those activities, so that they can be put to other uses; Section reformed DOF 12-13-1996 II. The protection of soils and wild flora and fauna, so that alterations topographical data generated by these activities are timely and duly treated; Y III. The proper location and forms of waste, tailings and slag deposits from the mines and mineral benefit establishments. ARTICLE 109.- The Mexican official standards referred to in the previous article will be observed by the holders of concessions, authorizations and permits for the use, exploitation, exploration, exploitation and benefit of non-renewable natural resources. Article revised DOF 13-12-1996 FOURTH TITLE Environmental Protection CHAPTER I General disposition Title of the Chapter amended DOF 12-13-1996 (Chapter added) ARTICLE 109 BIS. The Secretariat, the States, the Federal District and the Municipalities must integrate a registry of emissions and transfer of pollutants to the air, water, soil and subsoil, materials and 57 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services residues of its competence, as well as those substances determined by the corresponding authority. The registry information will be integrated with the data and documents contained in the authorizations, certificates, reports, reports, licenses, permits and concessions that in environmental matters are processed before the Secretariat, or competent authority of the Government of the Federal District, of the States, and, where appropriate, of the Municipalities. The natural and legal persons responsible for polluting sources are obliged to provide the information, data and documents necessary for the integration of the registry. The registration information will be integrated with data disaggregated by substance and by source, attaching the name and address of the establishments subject to registration. The registered information will be public and will have declaratory effects. The Secretariat will allow access to said information under the terms of this Law and other applicable legal provisions and will disseminate it proactively. Added article DOF 12-13-1996. Renovated DOF 12-31-2001 ARTICLE 109 BIS 1.- The Secretariat shall establish the necessary mechanisms and procedures, with the purpose that the interested parties carry out a single procedure, in those cases in which for the operation and functioning of industrial, commercial or service establishments it is required to obtain various permits, licenses or authorizations that must be granted by the agency itself. Article added DOF 13-12-1996 CHAPTER II Prevention and Control of Atmospheric Pollution Denomination of the Chapter amended DOF 12-13-1996 (it goes through, before Chapter I) ARTICLE 110.- For the protection of the atmosphere, the following criteria will be considered: I. Air quality must be satisfactory in all human settlements and regions of the country; Y II. Atmospheric pollutant emissions, whether from artificial or natural, stationary or mobile sources, must be reduced and controlled to ensure satisfactory air quality for the well-being of the population and ecological balance. ARTICLE 111.- To control, reduce or avoid pollution of the atmosphere, the Secretariat will have the following powers: I.- Issue the official Mexican standards that establish the environmental quality of the different areas, zones or regions of the national territory, based on the maximum permissible concentration values for public health of pollutants in the environment, determined by the Ministry of Health ; II.- Integrate and keep updated the inventory of pollutant emission sources into the atmosphere under federal jurisdiction, and coordinate with local governments for the integration of the national inventory and the corresponding regional ones; III.- Issue the official Mexican standards that establish per pollutant and per pollution source, the maximum permissible levels of emission of odors, gases, as well as solid and liquid particles into the atmosphere from fixed and mobile sources; IV.- Formulate and apply programs to reduce the emission of pollutants into the atmosphere, based on the quality of the air that is determined for each area, zone or region of the national territory. sayings 58 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services programs must foresee the objectives to be achieved, the corresponding deadlines and the mechanisms for their implementation; V.- Promote and technically support local governments in the formulation and application of air quality management programs, whose purpose is compliance with applicable regulations; VI.- Require those responsible for the operation of fixed sources under federal jurisdiction to comply with the maximum permissible limits for the emission of pollutants, in accordance with the provisions of article 37 of this Law, its regulations and official standards. respective Mexican; VII.- Issue the official Mexican standards for the establishment and operation of the air quality monitoring; VIII.- Issue the official Mexican standards for the certification by the competent authority of the emission levels of pollutants into the atmosphere from determined sources; IX. Issue, in coordination with the Ministry of Economy, the official Mexican standards that establish the maximum permissible levels of pollutant emissions into the atmosphere from new motor vehicles at the plant and motor vehicles in circulation, considering the maximum permissible concentration values for the human being of pollutants in the environment, determined by the Ministry of Health; Section reformed DOF 04-09-2012 X.- Define maximum permissible levels of emission of pollutants into the atmosphere by sources, areas, zones or regions, in such a way that the assimilation capacities of the atmospheric basins are not exceeded and the official Mexican standards of air quality are met; XI.- Promote, in coordination with the competent authorities, in accordance with the provisions that are applicable, systems of transferable rights to emit pollutants into the atmosphere; XII.- Approve the air quality management programs prepared by local governments for the compliance with the respective official Mexican standards; XIII.- Promote before those responsible for the operation of polluting sources, the application of new technologies, with the purpose of reducing their emissions into the atmosphere, and XIV.- Issue the official Mexican standards that establish the provisions to which the operation of fixed sources that emit pollutants into the atmosphere must be subject, in cases of environmental contingencies and emergencies. Article revised DOF 13-12-1996 ARTICLE 111 BIS.- For the operation and functioning of fixed sources of federal jurisdiction that emit or may emit odors, gases or solid or liquid particles into the atmosphere, authorization from the Secretariat will be required. For the purposes referred to in this Law, fixed sources of federal jurisdiction are considered to be the chemical, oil and petrochemical, paint and ink, automotive, cellulose and paper, metallurgical, glass, electric power generation, of asbestos, cement and lime and hazardous waste treatment. 59 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services The regulations issued to that effect will determine the specific subsectors belonging to each of the aforementioned industrial sectors, whose establishments will be subject to the provisions of federal legislation, in regard to the emission of pollutants into the atmosphere. Article added DOF 13-12-1996 ARTICLE 112.- In matters of prevention and control of atmospheric contamination, the governments of the States, the Federal District and the Municipalities, in accordance with the distribution of powers established in articles 7o., 8o. and 9th. of this Law, as well as with local legislation on the matter: Revised paragraph DOF 13-12-1996 I.- They will control air pollution in goods and areas of local jurisdiction, as well as in fixed sources that function as industrial, commercial and service establishments, provided that they are not included in article 111 BIS of this Law; Section reformed DOF 12-13-1996 II.- They will apply the general criteria for the protection of the atmosphere in the urban development plans of their competence, defining the zones in which the installation of polluting industries is allowed; Section reformed DOF 12-13-1996 III.- They will require those responsible for the operation of fixed sources of local jurisdiction, compliance with the maximum permissible limits of pollutant emissions, in accordance with the provisions of the regulations of this Law and in the respective official Mexican standards; Section reformed DOF 12-13-1996 IV.- They will integrate and keep updated the inventory of contamination sources; Section reformed DOF 12-13-1996 V. Shall establish and operate emission verification systems for motor vehicles in circulation; VI.- They will establish and operate, with the technical support, where appropriate, of the Secretariat, air quality monitoring systems. The local governments will send the local atmospheric monitoring reports to the Secretariat, so that it integrates them into the National System of Environmental Information; Section reformed DOF 12-13-1996 VII. They will establish requirements and procedures to regulate the emissions of public transport, except the federal one, and transit measures, and if applicable, the suspension of circulation, in serious cases of pollution; VII. They will take the necessary preventive measures to avoid environmental contingencies due to atmospheric pollution; IX. They will prepare the reports on the state of the environment in the corresponding entity or municipality, which they agree with the Secretariat through the coordination agreements that are celebrated; X.- They will impose sanctions and measures for infractions to the laws that the local legislatures issue for that purpose, or to the edicts and police and good government regulations that the city councils issue, in accordance with this Law; Section reformed DOF 12-13-1996 XI.- Formulate and apply, based on the official Mexican standards issued by the Federation to establish environmental quality in the national territory, air quality management programs, and 60 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services Section reformed DOF 12-13-1996 XII.- They will exercise the other powers conferred by the applicable legal and regulatory provisions. Fraction added DOF 12-13-1996 ARTICLE 113.- Pollutants must not be emitted into the atmosphere that cause or may cause ecological imbalances or damage to the environment. In all emissions to the atmosphere, the provisions of this Law and the regulatory provisions that emanate from it, as well as the official Mexican standards issued by the Secretariat, must be observed. Article revised DOF 13-12-1996 ARTICLE 114.- The competent authorities will promote, in the areas that have been determined as suitable for industrial use, close to residential areas, the installation of industries that use technologies and fuels that generate less pollution. ARTICLE 115.- The Secretariat will promote that in the determination of land uses that define the respective urban development programs, the topographic, climatological and meteorological conditions are considered, to ensure the adequate dispersion of contaminants. ARTICLE 116.- For the granting of tax incentives, the competent authorities will consider those who: I. Acquire, install or operate equipment to control polluting emissions into the atmosphere; II. Manufacture, install or provide maintenance to filtering, combustion, control equipment, and in general, treatment of emissions that pollute the atmosphere; III. Carry out scientific and technological research and innovation, whose application reduces the generation of polluting emissions, and Section reformed DOF 05-29-2012 IV. Locate or relocate your facilities to avoid polluting emissions in urban areas. CHAPTER III Prevention and Control of Water Pollution and Aquatic Ecosystems Name of the Chapter amended DOF 12-13-1996 (it is run, before Chapter II) ARTICLE 117.- For the prevention and control of water pollution, the following criteria: I. The prevention and control of water contamination is essential to prevent its availability from being reduced and to protect the country's ecosystems; II. It is up to the State and society to prevent the contamination of rivers, basins, vessels, marine and other deposits and currents of water, including subsoil waters; III. The use of water in productive activities likely to produce its contamination entails the responsibility of treating the discharges, to reintegrate it in adequate conditions for its use in other activities and to maintain the balance of the ecosystems; 61 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services IV. Urban wastewater must receive treatment prior to discharge into rivers, basins, vessels, seawater and other water deposits or currents, including subsoil water; Y V. The participation and co-responsibility of society is an essential condition to avoid the water contamination. ARTICLE 118.- The criteria for the prevention and control of water pollution will be considered in: I.- The issuance of official Mexican standards for the use, treatment and disposal of wastewater, to avoid risks and damage to public health; Section reformed DOF 12-13-1996 II.- The formulation of the official Mexican norms that must satisfy the treatment of water for human use and consumption, as well as for the infiltration and discharge of residual waters in receiving bodies considered national waters; Section reformed DOF 12-13-1996 III. The agreements entered into by the Federal Executive for the delivery of water in bulk to the user systems or to users, especially with regard to the determination of the wastewater treatment systems that must be installed; IV.- The establishment of regulated, closed or reserved areas in terms of the National Water Law; Section reformed DOF 12-13-1996 V. The concessions, assignments, permits and, in general, authorizations that must be obtained by the concessionaires, assignees or permit holders, and in general the users of waters owned by the nation, to infiltrate wastewater into the land, or to discharge it into other receiving bodies different from the sewers of the populations; Y SAW. The organization, direction and regulation of hydrology works in basins, channels and alveos of national, surface and underground waters. VII.- The classification of wastewater discharge receiving bodies, according to their assimilation or dilution capacity and the contaminant load that they may receive. Fraction added DOF 12-13-1996 ARTICLE 119.- The Secretariat shall issue the official Mexican standards that are required to prevent and control the contamination of national waters, in accordance with the provisions of this Law, the National Water Law, its Regulations and other applicable provisions. In the case of Official Mexican Standards that are required to prevent water contamination, the Secretariat will prepare and issue a Mexican Standard regarding the biodegradability of detergents. Regarding the labeling of said products, punctual compliance with the standard or standards referring to products and services will be observed; labeling and packaging for cleaning products for domestic use. In the conduct, the Secretariat will coordinate with the Secretary of the Navy. Added paragraph DOF 2001-12-31. Renovated DOF 06-19-2007 Article revised DOF 13-12-1996 ARTICLE 119 BIS.- In matters of prevention and control of water pollution, it corresponds to the governments of the States and the Municipalities, by themselves or through their public organisms that 62 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services manage the water, as well as that of the Federal District, in accordance with the distribution of powers established in this Law and as provided by their local laws on the matter: I.- The control of wastewater discharges to the drainage and sewage systems; II.- Surveillance of the corresponding official Mexican standards, as well as requiring those who generate discharges to said systems and do not comply with them, the installation of treatment systems; III.- Determine the amount of the corresponding rights so that the respective municipality or state authority can carry out the necessary treatment, and if applicable, proceed to impose the sanctions that may apply, and IV.- Keep and update the record of discharges to the drainage and sewage systems that manage, which will be integrated into the national registry of downloads in charge of the Secretariat. Article added DOF 13-12-1996 ARTICLE 120.- To avoid water contamination, the following are subject to federal or local regulation: I. Discharges of industrial origin; II. Discharges of municipal origin and their uncontrolled mixture with other discharges; III. Discharges derived from agricultural activities; IV. The discharges of waste, substances or residues generated in the extraction activities of nonrenewable resources; V. The application of pesticides, fertilizers and toxic substances; SAW. The infiltrations that affect the aquifers; Y VII.- The dumping of solid waste, hazardous materials and sludge from the treatment of sewage, in water bodies and streams. Section reformed DOF 12-13-1996 ARTICLE 121.- Residual water containing contaminants may not be discharged or infiltrated into any body or stream, or into the ground or subsoil, without prior treatment and the permission or authorization of the federal authority, or of the local authority in the cases of discharges into waters of local jurisdiction or into the drainage and sewage systems of population centers. ARTICLE 122.- Wastewater from urban public uses and those from industrial or agricultural uses that are discharged into the drainage and sewage systems of the towns or into the river basins, riverbeds, vessels and other reservoirs or water currents, as well such as those that infiltrate the subsoil by any means, and in general, those that spill into the soil, must meet the necessary conditions to prevent; Revised paragraph DOF 13-12-1996 I. Contamination of receiving bodies; II. Interferences in water purification processes; Y 63 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services III. Disorders, impediments or alterations in the correct use, or in the proper functioning of the systems, and in the hydraulic capacity in the basins, riverbeds, vessels, aquifers and other deposits of national property, as well as the sewage systems. ARTICLE 123.- All the discharges in the collecting networks, rivers, aquifers, basins, channels, vessels, marine waters and other deposits or water currents and the spills of residual waters in the soils or their infiltration in lands, must satisfy the norms Mexican officials that are issued for this purpose, and where appropriate, the particular download conditions determined by the Secretariat or local authorities. It will be the responsibility of the person who generates said downloads to carry out the required prior treatment. Article revised DOF 13-12-1996 ARTICLE 124.- When the residual waters affect or may affect water supply sources, the Secretariat will communicate it to the Secretariat of Health and will deny the corresponding permit or authorization, or will revoke, and in its case, will order the suspension of the supply. Article revised DOF 13-12-1996 ARTICLE 125.- Repealed. Article repealed DOF 12-13-1996 ARTICLE 126.- Urban wastewater treatment equipment designed, operated or managed by municipalities, state authorities, or the Federal District, must comply with the official Mexican standards issued for this purpose. Article revised DOF 13-12-1996 ARTICLE 127.- The Ministry, in coordination with the Ministry of Health, will issue an opinion, based on the studies of the basin and corresponding systems, for the programming and construction of works and installations for the purification of wastewater of industrial origin. Article revised DOF 13-12-1996 ARTICLE 128.- Wastewater from urban drainage and sewage systems may be used in industry and agriculture, if they are submitted in the cases required, to treatment that complies with the official Mexican standards issued by the Secretariat , and where appropriate, by the Ministry of Health. Revised paragraph DOF 13-12-1996 In the existing uses of residual waters in agriculture, actions will be promoted to improve the quality of the resource, the regulation of crops and irrigation practices. ARTICLE 129.- The granting of assignments, authorizations, concessions or permits for the exploitation, use or exploitation of water in economic activities likely to contaminate said resource, will be conditioned to the necessary prior treatment of the wastewater that is produced. ARTICLE 130. The Secretariat shall authorize the dumping of residual waters into marine waters, in accordance with the provisions of the National Water Law, its Regulations and the official Mexican standards issued in this regard. When the origin of the discharges comes from mobile sources or from fixed platforms in the territorial sea and the exclusive economic zone, as well as from land facilities whose discharge is to the sea, the Secretariat will coordinate with the Secretariat of the Navy for the issuance of the corresponding authorizations. Revised Article DOF 13-12-1996, 31-12-2001 ARTICLE 131.- For the protection of the marine environment, the Secretariat will issue the official Mexican standards for the exploitation, preservation and administration of natural, living and abiotic resources, 64 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services of the bed and subsoil of the sea and of the superjacent waters, as well as those that must be observed for the performance of exploration and exploitation activities in the exclusive economic zone. Article revised DOF 13-12-1996 ARTICLE 132.- The Secretariat will coordinate with the Secretariats of the Navy, Energy, Health, Tourism and Communications and Transportation, so that within their respective powers they intervene in the prevention and control of pollution of the marine environment, as well as in the preservation and restoration of the balance of its ecosystems, in accordance with the provisions of this Law, in the Law of National Waters, the Federal Law of the Sea, the General Law of Tourism, the international conventions of which Mexico forms part and the other applicable provisions. Article revised DOF 13-12-1996, 20-05-2013 ARTICLE 133.- The Secretariat, with the participation that corresponds to the Secretariat of Health in accordance with other legal regulations, will carry out a systematic and permanent monitoring of the quality of the waters, to detect the presence of contaminants or excess of organic waste. and apply the appropriate measures. In the cases of waters of local jurisdiction, it will be coordinated with the authorities of the States, the Federal District and the Municipalities. Article revised DOF 13-12-1996 CHAPTER IV Soil Pollution Prevention and Control Name of the Chapter amended DOF 12-13-1996 (it is run, before Chapter III) ARTICLE 134.- For the prevention and control of soil contamination, the following criteria: I. It corresponds to the state and society to prevent soil contamination; II. Waste must be controlled as it constitutes the main source of soil contamination; III.- It is necessary to prevent and reduce the generation of solid, municipal and industrial waste; incorporate techniques and procedures for its reuse and recycling, as well as regulate its efficient management and final disposal; Section reformed DOF 12-13-1996 IV.- The use of pesticides, fertilizers and toxic substances must be compatible with the balance of ecosystems and consider their effects on human health in order to prevent the damage they could cause, and Section reformed DOF 12-13-1996 V.- In soils contaminated by the presence of hazardous materials or waste, the necessary actions must be carried out to recover or restore their conditions, in such a way that they can be used in any type of activity foreseen by the urban development program or of ecological ordinance that is applicable. Fraction added DOF 12-13-1996 ARTICLE 135.- The criteria to prevent and control soil contamination are considered, in the following cases: I. The management and regulation of urban development; II. The operation of systems for cleaning and final disposal of municipal waste in landfills; 65 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services III.- The generation, management and final disposal of solid, industrial and dangerous waste, as well as in the authorizations and permits that are granted for this purpose. Section reformed DOF 12-13-1996 IV. The granting of all types of authorizations for the manufacture, import, use and in general activities related to pesticides, fertilizers and toxic substances. ARTICLE 136.- The residues that accumulate or may accumulate and are deposited or infiltrate the soil must meet the necessary conditions to prevent or avoid: I. Soil contamination; II. Harmful alterations in the biological process of soils; III.- The alterations in the soil that harm its exploitation, use or exploitation, and Section reformed DOF 12-13-1996 IV. Risks and health problems. ARTICLE 137.- It is subject to the authorization of the Municipalities or the Federal District, in accordance with their local laws on the matter and the applicable official Mexican regulations, the operation of the collection, storage, transportation, accommodation, reuse, treatment and final disposal of municipal solid waste. The Secretariat will issue the standards to which the sites, the design, the construction and the operation of facilities for the final disposal of municipal solid waste. Article revised DOF 13-12-1996 ARTICLE 138.- The Secretariat will promote the conclusion of coordination and advisory agreements with state and municipal governments to: I. The implementation and improvement of collection systems, treatment and final disposal of municipal solid waste; Y II. The identification of alternatives for reuse and final disposal of municipal solid waste, including the preparation of inventories of the same and their generating sources. ARTICLE 139.- Any discharge, deposit or infiltration of polluting substances or materials in the soil will be subject to the provisions of this Law, the National Water Law, its regulatory provisions and the official Mexican standards issued by the Secretariat for this purpose. Article revised DOF 13-12-1996 ARTICLE 140. The generation, management and final disposal of slow-degrading waste must be subject to what is established in the official Mexican standards issued by the Secretariat in this regard, in coordination with the Ministry of Economy. Article revised DOF 13-12-1996, 09-04-2012 ARTICLE 141. The Secretariat, in coordination with the Secretariats of Economy and Health, will issue official Mexican standards for the manufacture and use of packaging and containers for all types of products, whose materials allow reducing the generation of solid waste. Revised paragraph DOF 09-04-2012 66 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services Likewise, these Units will promote before the national standardization bodies respective, the issuance of Mexican standards in the matters referred to in this precept. Article revised DOF 13-12-1996 ARTICLE 142.- In no case may the import of waste be authorized for its spillage, deposit, confinement, storage, incineration or any treatment for its destruction or final disposal in the national territory or in the areas in which the nation exercises its sovereignty and jurisdiction. Authorizations for the transit through the national territory of non-hazardous waste destined for another Nation, may only be granted when there is prior consent of the latter. ARTICLE 143. Pesticides, fertilizers and other dangerous materials will be subject to the Official Mexican standards issued within the scope of their respective powers, the Secretariat and the Secretariats of Agriculture, Livestock, Rural Development, Fisheries and Food, Health and Economy. The Regulation of this Law will establish the regulation, which within the same framework of Coordination must be observed in activities related to said materials, including the final disposal of their waste, packaging and empty containers, measures to avoid adverse effects on ecosystems and the procedures for granting the corresponding authorizations. Article revised DOF 13-12-1996, 09-04-2012 ARTICLE 144. In accordance with the provisions of this Law, the Federal Law on Plant Health and other applicable legal and regulatory provisions, the Secretariat in coordination with the Secretariats of Health, Agriculture, Livestock, Rural Development, Fisheries and Food, and Economy, will participate in the determination of tariff and non-tariff restrictions related to the import and export of hazardous materials. Revised paragraph DOF 09-04-2012 Authorizations may not be granted for the importation of pesticides, fertilizers and other dangerous materials, when their use is not permitted in the country in which they have been produced or manufactured. Article revised DOF 13-12-1996 CHAPTER V Activities Considered Highly Risky Title of the Chapter reformed DOF 12-13-1996 (it goes through, before Chapter IV) ARTICLE 145.- The Secretariat will promote that in the determination of the uses of the land, the areas in which the establishment of industries, businesses or services considered risky due to the seriousness of the effects that they may generate in the ecosystems or in the environment are specified. environment taking into consideration: I.- The topographical, meteorological, climatological, geological and seismic conditions of the zones; Section reformed DOF 12-13-1996 II. Its proximity to population centers, anticipating the expansion trends of the respective settlement and the creation of new settlements; III. The impacts that a possible extraordinary event of the industry, commerce or service in question would have on population centers and on natural resources; IV. Compatibility with other activities in the zones; V. The existing and necessary infrastructure for the attention of ecological emergencies; Y SAW. The infrastructure for the provision of basic services. 67 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 146. The Secretariat, prior opinion of the Secretariats of Energy, Economy, Health, Interior and Labor and Social Welfare, in accordance with the Regulations issued for this purpose, will establish the classification of activities that should be considered highly risky by virtue of the corrosive, reactive, explosive, toxic, flammable or biological-infectious characteristics for the ecological balance or the environment, of the materials that are generated or handled in industrial, commercial or service establishments, considering, in addition, the volumes management and the location of the establishment. Article revised DOF 13-12-1996, 09-04-2012 ARTICLE 147.- The performance of highly risky industrial, commercial or service activities will be carried out in accordance with the provisions of this Law, the regulatory provisions that emanate from it and the official Mexican standards referred to in the previous article. Those who carry out highly risky activities, under the terms of the corresponding Regulation, must formulate and submit to the Secretariat an environmental risk study, as well as submit it for the approval of said agency and the Secretariats of the Interior, Energy, Commerce and Industrial Development. , Health, and Labor and Social Welfare, the programs for the prevention of accidents in the performance of such activities, which may cause serious ecological imbalances. Article revised DOF 13-12-1996 ARTICLE 147 BIS. Those who carry out highly risky activities, under the terms of the corresponding Regulation, must have environmental risk insurance. To this end, the Secretariat, with the approval of the Secretariats of the Interior, Energy, Economy, Health, and Labor and Social Welfare, will integrate a National Environmental Risk Insurance System. Article added DOF 31-12-2001 ARTICLE 148.- When, in order to guarantee the safety of the residents of an industry that carries out highly risky activities, it is necessary to establish an intermediate safeguard zone, the Federal Government may, through a declaration, establish restrictions on urban uses that could cause risks. for the population. The Secretariat will promote, before the competent local authorities, that the urban development plans or programs establish that residential, commercial or other uses that put the population at risk will not be allowed in said areas. Article revised DOF 13-12-1996 ARTICLE 149.- The States and the Federal District will regulate the performance of activities that are not considered highly risky, when they affect the balance of the ecosystems or the environment within the corresponding territorial district, in accordance with the official Mexican regulations that are applicable. . Local legislation will define the bases so that the Federation, the States, the Federal District and the Municipalities, coordinate their actions regarding the activities referred to in this precept. Article revised DOF 13-12-1996 CHAPTER VI Hazardous Materials and Waste Name of the Chapter amended DOF 12-13-1996 (it is run, before Chapter V) ARTICLE 150.- Hazardous materials and waste must be handled in accordance with this Law, its Regulations and the official Mexican standards issued by the Secretariat, prior opinion of the Secretariats of Commerce and Industrial Development, Health, Energy, Communications and Transport, Navy and Interior. The regulation of the management of these materials and residues will include, as appropriate, their use, collection, storage, transportation, reuse, recycling, treatment and final disposal. 68 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services The Mexican Official Regulations and Standards referred to in the preceding paragraph will contain the criteria and lists that identify and classify hazardous materials and waste by their degree of danger, considering their characteristics and volumes; In addition, they will have to differentiate those of high and low danger. The Secretariat is responsible for the regulation and control of hazardous materials and waste. Revised paragraph DOF 31-12-2001 Likewise, the Secretariat, in coordination with the dependencies referred to in this article, will issue the official Mexican standards in which the requirements for the labeling and packaging of hazardous materials and waste will be established, as well as for the evaluation of risk and information on contingencies and accidents that could be generated by its handling, particularly in the case of chemical substances. Article revised DOF 13-12-1996 ARTICLE 151.- The responsibility for the management and final disposal of hazardous waste corresponds to whoever generates it. In the event that management services and final disposal of hazardous waste are contracted with companies authorized by the Ministry and the waste is delivered to said companies, the responsibility for the operations will be theirs regardless of the responsibility that, if applicable, , have who generated them. Those who generate, reuse or recycle hazardous waste, must do so to the knowledge of the Secretariat in the terms provided in the Regulations of this Law. In the authorizations for the establishment of hazardous waste landfills, only waste that cannot be technically and economically subject to reuse, recycling or thermal or physical-chemical destruction will be included, and the confinement of hazardous waste in liquid state will not be allowed. Article revised DOF 13-12-1996 ARTICLE 151 BIS.- Requires prior authorization from the Secretariat: I.- The provision of services to third parties whose purpose is the operation of systems for the collection, storage, transportation, reuse, treatment, recycling, incineration and final disposal of hazardous waste; II.- The installation and operation of systems for the treatment or final disposal of hazardous waste, or for its recycling when its purpose is to recover energy, through its incineration, and III.- The installation and operation, by the hazardous waste generator, of systems for its reuse, recycling and final disposal, outside the facility where said waste was generated. Article added DOF 13-12-1996 ARTICLE 152.- The Secretariat will promote programs tending to prevent and reduce the generation of hazardous waste, as well as to encourage its reuse and recycling. In those cases in which hazardous waste can be used in a process other than the one that generated it, the Regulations of this Law and the official Mexican standards that are issued must establish the mechanisms and procedures that make their efficient management possible from the point of view of from an environmental and economic point of view. 69 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services Hazardous waste that is used, treated or recycled in a process other than the one that generated it, within the same property, will be subject to internal control by the responsible company, in accordance with the formalities established by the Regulations of this Law. . In the event that the waste indicated in the previous paragraph is transported to a site other than the one in which it was generated, the provisions of the regulations applicable to the land transport of hazardous waste will apply. Article revised DOF 13-12-1996 ARTICLE 152 BIS.- When the generation, handling or final disposal of hazardous materials or waste produces soil contamination, those responsible for said operations must carry out the necessary actions to recover and restore the conditions of the same, with the purpose that This may be used for any of the activities provided for in the applicable urban development or ecological zoning program for the respective property or area. Article added DOF 13-12-1996 ARTICLE 153.- The import or export of hazardous materials or waste will be subject to the restrictions established by the Federal Executive, in accordance with the provisions of the Foreign Trade Law. In any case, the following provisions must be observed: Revised paragraph DOF 13-12-1996 I. The Secretariat will be responsible for the control and ecological surveillance of the materials or waste Dangerous goods imported or to be exported, applying the corresponding security measures, without prejudice to the provisions of the Customs Law on this matter; II.- The import of hazardous materials or waste may only be authorized for treatment, recycling or reuse, when their use is in accordance with the laws, regulations, official Mexican standards and other provisions in force; Section reformed DOF 12-13-1996 III.- The importation of hazardous materials or waste whose sole purpose is their final disposal or simple deposit, storage or confinement in the national territory or in the areas where the nation exercises its sovereignty and jurisdiction, or when its use or manufacture may not be authorized. is not permitted in the country in which it was made; Section reformed DOF 12-13-1996 IV.- The transit through national territory of hazardous materials that do not meet the specifications for use or consumption in accordance with which they were produced, or whose production, use or consumption are prohibited or restricted in the country to which they were destined, may not be authorized; nor may the transit of such hazardous materials or waste be authorized when they come from abroad to be destined for a third country; Section reformed DOF 12-13-1996 V.- The granting of authorizations for the export of hazardous materials or waste will be subject to the express consent of the receiving country; Section reformed DOF 12-13-1996 SAW. Hazardous materials and waste generated in the production, transformation, elaboration or repair processes in which raw material introduced into the country under the temporary importation regime has been used, including those regulated in article 85 of the Customs Law, must be returned. to the country of origin within the term determined by the Secretariat for such purpose; VII. The granting of authorizations by the Secretariat for the import or export of hazardous materials or waste will be subject to duly guaranteeing compliance with the 70 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services to establish this Law and the other applicable provisions, as well as the reparation of the damages that could be caused both in the national territory and abroad; Y Likewise, the export of hazardous waste must be denied when its re-importation into the national territory is contemplated: there is no express consent of the receiving country; the destination country requires reciprocity; or implies a breach of the commitments assumed by Mexico in the International Treaties and Conventions on the matter, and Added paragraph DOF 12-13-1996 VII. In addition to what is established by other applicable provisions, the authorizations that have been granted for the import or export of hazardous materials and waste may be revoked, without prejudice to the imposition of the corresponding sanction or sanctions, in the following cases: a) When, due to supervening causes, it is verified that the authorized hazardous materials or residues constitute a greater risk for the ecological balance than the one that was taken into account for the granting of the corresponding authorization; b) When the import or export operation does not meet the requirements set out in the guide ecological issued by the Secretariat; c) When the hazardous materials or waste no longer possess the attributes or characteristics in accordance with to which they were authorized; Y d) When it is determined that the authorization was transferred to a person other than the one who requested the authorization, or when the corresponding application contains false data, or presented in such a way as to hide information necessary for the correct assessment of the application. Reformed item DOF 12-13-1996 CHAPTER VII Nuclear energy Title of the Chapter reformed DOF 12-13-1996 (it goes through, before Chapter VI) ARTICLE 154.- The Ministry of Energy and the National Commission for Nuclear Safety and Safeguards, with the participation that, where appropriate, corresponds to the Ministry of Health, will ensure that the exploration, exploitation and processing of radioactive minerals, the use of nuclear fuels, the uses of nuclear energy and, in general, the activities related to it, are carried out in accordance with the official Mexican regulations on nuclear, radiological and physical safety of nuclear or radioactive facilities, in such a way as to avoid risks to human health and ensure the preservation of the ecological balance and the protection of the environment, corresponding to the Secretariat to carry out the environmental impact assessment. Article revised DOF 13-12-1996 CHAPTER VIII Noise, Vibrations, Thermal and Light Energy, Odors and Visual Pollution Name of the Chapter reformed DOF 12-13-1996 (it goes through, before Chapter VII) ARTICLE 155.- Emissions of noise, vibrations, thermal and light energy and the generation of visual pollution are prohibited, as long as they exceed the maximum limits established in the official Mexican standards issued by the Secretariat for that purpose, considering the values of maximum concentration permissible for the human being of pollutants in the environment determined by the Ministry of Health. The federal or local authorities, according to their sphere of competence, will adopt the 71 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services measures to prevent said limits from being transgressed and, where appropriate, apply the corresponding sanctions. In the construction of works or installations that generate thermal or light energy, noise or vibrations, as well as in the operation or functioning of existing ones, preventive and corrective actions must be carried out to avoid the harmful effects of such pollutants on the ecological balance and the environment. ambient. Article revised DOF 13-12-1996 ARTICLE 156.- The Mexican official standards in matters covered by this Chapter, will establish the procedures to prevent and control pollution by noise, vibrations, thermal energy, light, electromagnetic radiation and odors, and will set the respective emission limits. Revised paragraph DOF 13-12-1996 The Ministry of Health will carry out the necessary analyses, studies, investigations and surveillance in order to locate the origin or provenance, nature, degree, magnitude and frequency of the emissions to determine when damage to health occurs. The Secretariat, in coordination with public or private, national or international organizations, will integrate the information related to this type of contamination, as well as methods and technology of control and treatment of the same. FIFTH TITLE Social Participation and Environmental Information Denomination of Title amended DOF 12-13-1996 CHAPTER I Social participation Name of the Chapter amended DOF 12-13-1996 ARTICLE 157.- The Federal Government shall promote the co-responsible participation of society in the planning, execution, evaluation and monitoring of environmental and natural resource policy. Article revised DOF 13-12-1996 ARTICLE 158.- For the purposes of the previous article, the Secretariat: I.- It will convene, within the scope of the National Democratic Planning System, labor, business, peasant and agricultural, fishing and forestry producers, agrarian communities, indigenous peoples, educational institutions, social and private non-profit organizations and other people. interested to express their opinion and proposals; Section reformed DOF 12-13-1996 II.- It will enter into concertation agreements with labor organizations and social groups for the protection of the environment in workplaces and housing units; with indigenous peoples, agrarian communities and other peasant organizations for the establishment, administration and management of protected natural areas, and to provide them with ecological advice on activities related to the sustainable use of natural resources; with business organizations, in the cases provided for in this Law for the protection of the environment; with educational and academic institutions, to carry out studies and research on the matter; with civil organizations and private non-profit institutions, to undertake joint ecological actions; as well as with social representations and with individuals interested in the preservation and restoration of the ecological balance for the protection of the environment; Section reformed DOF 12-13-1996 72 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services III.- It will enter into agreements with the mass communication media for the dissemination, information and promotion of actions to preserve the ecological balance and the protection of the environment; Section reformed DOF 12-13-1996 IV. It will promote the establishment of awards for the most outstanding efforts of society to preserve and restore the ecological balance and protect the environment; Y V.- It will promote the strengthening of ecological awareness, through joint actions with the community for the preservation and improvement of the environment, the rational use of natural resources and the correct management of waste. To this end, the Secretariat may, in coordination with the corresponding States and Municipalities, enter into concertation agreements with urban and rural communities, as well as with various social organizations, and Section reformed DOF 12-13-1996 VI.- It will coordinate actions and investments with the social and private sectors and with academic institutions, social groups and organizations, indigenous peoples and other interested natural and legal persons, for the preservation and restoration of the ecological balance and the protection of the environment. Fraction added DOF 12-13-1996 ARTICLE 159.- The Secretariat will integrate consultation bodies in which entities and dependencies of the public administration, academic institutions and social and business organizations participate. Said bodies will have advisory, evaluation and follow-up functions in matters of environmental policy and may issue the opinions and observations they deem pertinent. Its organization and operation will be subject to the agreements issued by the Secretariat for this purpose. When the Secretariat must resolve a matter on which the bodies referred to in the preceding paragraph have issued an opinion, it must state the reasons for accepting or rejecting said opinion. Article revised DOF 13-12-1996 CHAPTER II Right to Environmental Information Chapter added DOF 12-13-1996 ARTICLE 159 BIS.- The Secretariat will develop a National System of Environmental Information and Natural Resources that will have the purpose of registering, organizing, updating and disseminating national environmental information, which will be available for consultation and that will be coordinated and complemented with the System of National Accounts in charge of the National Institute of Statistics, Geography and Informatics. In said System, the Secretariat must integrate, among other aspects, information related to the inventories of natural resources existing in the national territory, to the mechanisms and results obtained from the monitoring of the quality of the air, water and soil, to the ecological ordering of the territory, as well as the information indicated in article 109 BIS and that corresponding to the records, programs and actions carried out for the preservation of the ecological balance and the protection of the environment. The Secretariat will gather relevant reports and documents that result from scientific, academic, technical work or of any other nature in environmental matters and the preservation of natural resources, carried out in the country by natural or legal persons, national or foreign, which will be sent to the National System of Environmental Information and Natural Resources. 73 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services The States, the Municipalities and the Federal District, will participate with the Secretariat in the integration of the National System of Environmental Information and Natural Resources. Added paragraph DOF 12-31-2001 Article added DOF 13-12-1996 ARTICLE 159 BIS 1.- The Secretariat shall prepare and publish a detailed report every two years of the general situation existing in the country in terms of ecological balance and environmental protection. Article added DOF 13-12-1996 ARTICLE 159 BIS 2.- The Secretariat will publish a Gazette in which the legal provisions, official Mexican standards, decrees, regulations, agreements and other administrative acts, as well as information of general interest in environmental matters, published by the Government will be published. Federal or local governments, or international documents on environmental matters of interest to Mexico, regardless of their publication in the Official Gazette of the Federation or in other dissemination bodies. Likewise, official information related to protected natural areas and the preservation and sustainable use of natural resources will be published in said Gazette. Article added DOF 13-12-1996 ARTICLE 159 BIS 3.- Every person shall have the right to have the Secretariat, the States, the Federal District and the Municipalities put at their disposal the environmental information that they request, in the terms provided by this Law. generated, will be borne by the applicant. For the purposes of the provisions of this ordinance, environmental information is considered to be any written, visual or database-based information available to the environmental authorities regarding water, air, soil, flora, fauna and natural resources. in general, as well as about the activities or measures that affect or may affect them. Any request for environmental information must be submitted in writing, clearly specifying the information requested and the reasons for the request. Applicants must identify themselves by indicating their name or business name and address. Article added DOF 13-12-1996 ARTICLE 159 BIS 4.- The authorities referred to in the previous article, will deny the delivery of information when: I.- It is considered by legal provision that the information is confidential or that by its very nature its dissemination affects national security; II.- In the case of information relating to matters that are the subject of judicial proceedings or inspection and surveillance, pending resolution; III.- In the case of information provided by third parties when they are not bound by legal provision to provide it, or IV.- It is information on inventories and supplies and process technologies, including the description of it. Article added DOF 13-12-1996 ARTICLE 159 BIS 5.- The environmental authority must respond in writing to the applicants for environmental information within a period not exceeding twenty days from the receipt of the respective request. In the event that the authority answers the request negatively, it must indicate the reasons that motivated its determination. 74 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services If after the term established in the previous paragraph the environmental authority does not issue its response in writing, the petition will be understood to have been resolved negatively for the petitioner. The environmental authority, within ten days following the request for information, must notify to the generator or owner of the same upon receipt of the request. Those affected by acts of the Secretariat regulated in this Chapter, may be challenged by filing an appeal for review, in accordance with the provisions of this Law and the Federal Law of Administrative Procedure. Article added DOF 13-12-1996 ARTICLE 159 BIS 6.- Whoever receives environmental information from the competent authorities, under the terms of this Chapter, will be responsible for its proper use and must be liable for the damages caused by its improper handling. Article added DOF 13-12-1996 SIXTH TITLE Control and Security Measures and Sanctions CHAPTER I General disposition Name of the Chapter amended DOF 12-13-1996 ARTICLE 160.- The provisions of this title will be applied in carrying out acts of inspection and surveillance, execution of security measures, determination of administrative infractions and commission of crimes and their sanctions, and administrative procedures and resources, when it comes to matters of federal competence regulated by this Law, unless other laws specifically regulate said matters, in relation to the matters dealt with in this ordinance. In the aforementioned matters, the provisions of the Federal Laws of Administrative Procedure and on Metrology and Standardization will be applied supplementarily. Revised paragraph DOF 13-12-1996 In the case of matters referred to in this Law that are regulated by special laws, this ordinance will be of supplementary application with regard to inspection and surveillance procedures. Added paragraph DOF 12-13-1996 Threat II Inspection and Surveillance ARTICLE 161.- The Secretariat will carry out the acts of inspection and surveillance of compliance with the provisions contained in this law, as well as those derived from it. In the Mexican marine zones, the Secretariat, by itself or through the Secretariat of the Navy, will carry out the acts of inspection, surveillance and, where appropriate, the imposition of sanctions for violations of the provisions of this Law. Added paragraph DOF 12-31-2001 Article revised DOF 13-12-1996 ARTICLE 162.- The competent authorities may carry out, through duly authorized personnel, inspection visits, without prejudice to other measures provided for in the laws that they may carry out to verify compliance with this ordinance. 75 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services Said personnel, when carrying out the inspection visits, must have the official document that certifies or authorizes them to carry out the inspection or verification, as well as the duly founded and motivated written order, issued by the competent authority, in which the place will be specified. or area to be inspected and the object of the diligence. Revised paragraph DOF 13-12-1996, 31-12-2001 ARTICLE 163. The authorized personnel, when starting the inspection, will duly identify themselves with the person with whom the diligence is understood, showing him, for this purpose, a valid credential with a photograph, issued by a competent authority that accredits him to carry out inspection visits in the matter. , and will show him the respective order, giving him a copy of it with an autograph signature, requiring him to appoint two witnesses in the act. Revised paragraph DOF 13-12-1996, 31-12-2001 In the event of a refusal or that those designated do not agree to serve as witnesses, the authorized personnel may designate them, stating this situation in the administrative record drawn up for this purpose, without this circumstance invalidating the effects of the inspection. In cases where it is not possible to find a person who could be designated as a witness at the place of the visit, the acting personnel must record this circumstance in the administrative record that is drawn up for this purpose, without affecting its validity. Added paragraph DOF 12-31-2001 ARTICLE 164.- In every inspection visit, minutes will be drawn up, in which the facts or omissions that may have occurred during the diligence will be recorded in detail, as well as the provisions of article 67 of the Federal Law of Administrative Procedure. Revised paragraph DOF 13-12-1996 Once the inspection is concluded, the person with whom the procedure was conducted will be given the opportunity to formulate observations in the same act in relation to the facts or omissions recorded in the respective record, and to offer the evidence that he considers convenient or make use of of that right within a term of five days following the date on which the procedure was carried out. Revised paragraph DOF 13-12-1996 Next, the minutes will be signed by the person with whom the procedure was understood, by the witnesses and by authorized personnel, who will deliver a copy of the record to the interested party. If the person with whom the diligence or the witnesses were understood, refuse to sign the record, or the interested party refuses to accept a copy of it, said circumstances will be established in it, without this affecting its validity and probative value. ARTICLE 165.- The person with whom the diligence is understood will be obliged to allow authorized personnel access to the place or places subject to inspection in the terms provided in the written order referred to in article 162 of this Law, as well as to provide all kinds of information that leads to the verification of compliance with this Law and other applicable provisions, with the exception of those related to industrial property rights that are confidential in accordance with the Law. The information must be kept by the authority in absolute reserve. , if so requested by the interested party, except in case of legal requirement. ARTICLE 166.- The competent authority may request the assistance of the public force to carry out the inspection visit, when one or some persons hinder or oppose the practice of the diligence, regardless of the sanctions that may apply. 76 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 167. Once the inspection certificate has been received by the ordering authority, it will require the interested party, when appropriate, by personal notification or by certified mail with acknowledgment of receipt, to immediately adopt the corrective measures or those of urgent application that, where appropriate, are necessary to comply with the applicable legal provisions, as well as with the respective permits, licenses, authorizations or concessions, indicating the corresponding term for compliance, establishing and motivating the requirement. Likewise, the interested party must be informed that he has a term of fifteen days to expose what is appropriate to his right and, where appropriate, provide the evidence that he considers appropriate in relation to the performance of the Secretariat. Revised paragraph DOF 31-12-2001 Once the evidence offered by the interested party has been admitted and submitted, or the period referred to in the previous paragraph has elapsed, without having made use of that right, the actions will be made available to them, so that within a period of three business days, their arguments in writing. Article revised DOF 13-12-1996 ARTICLE 167 Bis.- The notifications of the administrative acts dictated by reason of the application of this Law, will be carried out: I. Personally or by certified mail with acknowledgment of receipt, in the case of final administrative summonses and resolutions, notwithstanding that the notification of these acts may be made in the offices of the competent Administrative Units of the Secretariat, if the persons to whom must be notified are presented in them. In the latter case, the reason will be established correspondent; II. By sign, placed on the platforms of the competent Administrative Unit, when the person who must be notified cannot be located after the powers of inspection, surveillance or verification referred to in this Title have been initiated, or when the address has not been indicated. in the town where the headquarters of the ordering authority is located; III. By edict, any notification when the domicile of the interested party is unknown or, as the case may be, when the person who should be notified has disappeared, their domicile is unknown or they are abroad without having left a legal or authorized representative for such purposes. In the case of acts other than those indicated in section I of this article, the notifications may be made by ordinary mail, courier, telegram or, upon written request of the interested party, through telefax, electronic means of communication or another similar or in the offices of the Administrative Units of the Secretariat, if the persons who are to receive them appear at the latest within the term of five following business days counted from the day on which the acts to be notified are issued. The foregoing, notwithstanding that the ordering authority does so by sign, within a term of ten business days counted from the day on which the acts to be notified are issued, which will be posted in a visible place in the offices of the Administrative Units of the Secretariat. If the interested parties, their legal representatives or the persons authorized by them, do not appear at the offices of the Administrative Units of the Secretariat, to be notified within the term indicated in the previous paragraph, the notifications will be considered as done, and will take effect on business day following the fixing of the label. Of all notification by label, a part of that will be added to the file, establishing the corresponding reason, and IV. By instructions, only in the case indicated in the third paragraph of article 167 Bis 1 of this Law. 77 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services Article added DOF 07-12-2005 ARTICLE 167 Bis 1.- Personal notifications will be made at the domicile of the interested party or at the last domicile that the person to whom notification should be made has indicated in the town where the headquarters of the Administrative Units of the Secretariat are located, or else, personally at their official premises, when they appear voluntarily to receive them in the first two cases, the notifier must verify that it is the address of the interested party or the person designated for that purpose and must deliver the original of the act that is notified and a copy of the proof of respective notification, as well as indicate the date and time in which the notification is made, obtaining the name and signature of the person with whom the diligence is understood. If this is denied, it will be recorded in the notification record, without affecting its validity. Personal notifications will be understood with the person who must be notified or their legal representative; In the absence of both, the notifier will leave a summons with any person who is at the address, so that the interested party waits at a fixed time on the next business day. If the address is closed, the citation will be left in a visible place of the same, or with the immediate neighbor. If the person who is to be notified does not attend the summons, the notification will be understood with any person who is in the address where the diligence is carried out and, if he/she refuses to receive it or if the address is closed, it will be It will be carried out by instructions that will be posted in a visible place in the home, or with the nearest neighbor, which will be recorded in the notification act, without affecting its validity. Of the proceedings in which the notification is recorded, the notifier will take the reason in writing. Article added DOF 07-12-2005 ARTICLE 167 Bis 2.- Notifications by edicts will be made by making publications that will contain a summary of the acts to be notified. Said publications must be made for two consecutive days in the Official Gazette of the Federation or in the Gazette or Official Newspaper of the Federal Entity in which the Administrative Unit that deals with the matter has its headquarters and in one of the daily newspapers with the largest circulation in the country. the corresponding Federal Entity. Article added DOF 07-12-2005 ARTICLE 167 Bis 3.- Personal notifications will take effect on the day they were made. The deadlines will begin to run from the business day following that in which the notification has taken effect. The date of notification by certified mail will be that which appears on the acknowledgment of receipt. In notifications by edicts, the date of notification will be that of the last publication in the Official Gazette of the Federation or in the Official Gazette or Newspaper of the Federal Entity in which the Administrative Unit of the Secretariat that ordered the notification is based. publication and in one of the daily newspapers with the largest circulation in the corresponding Federal Entity. Notices by sign will take effect on the business day following the posting of the same. Article added DOF 07-12-2005 ARTICLE 167 Bis 4.- Any notification must be made within a maximum period of fifteen business days, counted from the issuance of the resolution or act that is notified, and must contain the full text of the act, as well as the legal basis on which it is supported with the indication of whether or not it is definitive in the administrative channel, and where appropriate, the expression of the administrative appeal that proceeds against it, the body before which it would have to be presented and the term for its filing. Article added DOF 07-12-2005 78 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 168.- Once the pleadings have been received or the term to present them has elapsed, the Secretariat will proceed, within the following twenty days, to dictate the respective resolution in writing, which will be notified to the interested party, personally or by certified mail with acknowledgment of receipt. During the procedure, and before an administrative resolution is issued, the interested party and the Federal Environmental Protection Agency, at the request of the former, may agree to carry out actions for the repair and compensation of the damages that have been caused to the environment. Added paragraph DOF 2001-12-31. Renovated DOF 06-07-2013 In the administrative agreements referred to in the previous paragraph, those who are a party to the judicial procedure provided for in the Federal Law of Environmental Responsibility may intervene, provided that it is the same infraction, facts and damages. Added paragraph DOF 07-06-2013 In the formulation and execution of the agreements, the provisions of article 169 of this Law will be observed, as well as the provisions of the Federal Law of Environmental Responsibility, in them it may also be agreed to carry out the methodological examination of the operations of the interested party to which Article 38 Bis refers, as well as the attenuation and commutation of the fines that are appropriate. In any case, compliance with the offender's obligations must be guaranteed, in any of the ways provided for in the Federal Tax Code. Added paragraph DOF 07-06-2013 The execution of the agreement will suspend the administrative procedure and the term for expiration, from the presentation of the request to the authority, and up to a period of forty-five business days. Added paragraph DOF 07-06-2013 Article revised DOF 13-12-1996 ARTICLE 169.- The resolution of the administrative procedure will contain: I. The sanctions to which the person responsible has been credited; II. The measures that the person in charge must carry out to correct the deficiencies, violations or irregularities observed; III. The recognition of the terms and obligations derived from the agreement provided for in the previous article, and the measures that the person in charge must carry out for its fulfillment. In this case, the resolution of the procedure will be public, and IV. The deadlines for compliance with the offender's obligations arising from the resolution. The offender must inform the ordering authority, in writing, in detail and within five days following the expiration of the corresponding term, on the fulfillment of the obligations referred to in this article. The Attorney General's Office may carry out inspections to verify compliance with the offender's obligations. When non-compliance is revealed from the record drawn up for this purpose, in addition to the sanctions provided for in article 171 of this Law, an additional fine may be imposed that does not exceed the amount provided for in said precept. In cases in which the offender carries out corrective or urgently applicable measures, corrects the detected irregularities, or complies with the obligations derived from the agreement provided for in article 168, within the terms ordered or agreed by the Federal Environmental Protection Agency, 79 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services as long as the offender is not a repeat offender, it may revoke or modify the sanction or sanctions imposed. In the cases in which it proceeds, the federal authority will inform the Public Ministry of the acts or omissions verified in the exercise of its powers that could configure one or more crimes. Article revised DOF 13-12-1996, 07-06-2013 Threat III Security measures ARTICLE 170.- When there is an imminent risk of ecological imbalance, or serious damage or deterioration to natural resources, cases of contamination with dangerous repercussions for ecosystems, their components or for public health, the Secretariat, founded and motivated, may order one or more of the following security measures: I.- The temporary, partial or total closure of polluting sources, as well as of the facilities in which specimens, products or by-products of species of flora or wild fauna, forest resources are handled or stored, or activities that give rise to the assumptions referred to in the first paragraph of this article; II.- The precautionary insurance of hazardous materials and waste, as well as specimens, products or by- products of species of flora or wild fauna or their genetic material, forest resources, in addition to goods, vehicles, utensils and instruments directly related to the conduct giving rise to the imposition of the security measure, or III.- The neutralization or any analogous action that prevents hazardous materials or waste from generate the effects foreseen in the first paragraph of this article. Likewise, the Secretariat may promote before the competent authority, the execution of any or some of the security measures established in other legal systems. Article revised DOF 13-12-1996 ARTICLE 170 BIS.- When the Secretariat orders any of the security measures provided for in this Law, it will indicate to the interested party, when appropriate, the actions that must be carried out to correct the irregularities that led to the imposition of said measures, as well as the deadlines for its realization, so that once these have been fulfilled, the withdrawal of the imposed security measure is ordered. Article added DOF 13-12-1996 CHAPTER IV Administrative Sanctions ARTICLE 171.- Violations of the precepts of this Law, its regulations and the provisions that emanate from it will be sanctioned administratively by the Secretariat, with one or more of the following sanctions: Revised paragraph DOF 13-12-1996 I. Fine for the equivalent of thirty to fifty thousand days of the general minimum wage in force in the Federal District at the time of imposing the sanction; Section amended DOF 12-31-2001, 06-01-2012 II.- Temporary or definitive closure, total or partial, when: 80 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services a) The offender has not complied with the terms and conditions imposed by the authority, with the corrective or urgent application measures ordered; b) In cases of recidivism when the infractions generate negative effects to the environment, or c) In the case of repeated disobedience, on three or more occasions, to comply with one or more corrective or urgent measures imposed by the authority. Section reformed DOF 12-13-1996 III. Administrative arrest for up to 36 hours. IV.- The confiscation of the instruments, specimens, products or by-products directly related to infractions related to forest resources, species of wild flora and fauna or genetic resources, in accordance with the provisions of this Law, and Fraction added DOF 12-13-1996 V.- The suspension or revocation of concessions, licenses, permits or authorizations corresponding. Fraction added DOF 12-13-1996 If once the term granted by the authority to correct the infraction or infractions that have been committed has expired, it turns out that said infraction or infractions still subsist, fines may be imposed for each day that passes without obeying the mandate, without the total of the fines exceeds the maximum amount allowed, in accordance with section I of this article. In the case of recidivism, the amount of the fine may be up to three times the amount originally imposed, as well as the definitive closure. Revised paragraph DOF 01-06-2012 A repeat offender is considered to be an offender who incurs more than once in behaviors that imply infractions of the same precept, in a period of two years, counted from the date on which the record is drawn up in which the first infraction was recorded, provided that it had not been distorted. Added paragraph DOF 12-13-1996 ARTICLE 172.- When the seriousness of the infraction warrants it, the authority will request the suspension, revocation or cancellation of the concession, permit, license and, in general, of any authorization granted to carry out commercial activities, from the person who granted them. industrial or services, or for the use of natural resources that has given rise to the infraction. ARTICLE 173.- For the imposition of sanctions for infractions to this Law, it will be taken into bill: I. The seriousness of the infraction, mainly considering the following criteria: the damage that has occurred or may occur to public health; the generation of ecological imbalances; the impact on natural resources or biodiversity and, where appropriate, the levels at which the limits established in the applicable official Mexican standard have been exceeded; Section amended DOF 12-13-1996, 12-31-2001 II. The economic conditions of the offender, and III.- Recidivism, if any; Section reformed DOF 12-13-1996 81 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services IV.- The intentional or negligent nature of the action or omission constituting the infraction, and Fraction added DOF 12-13-1996 V.- The benefit directly obtained by the offender for the acts that motivate the sanction. Fraction added DOF 12-13-1996 In the event that the offender performs the corrective or urgently applicable measures or corrects the irregularities incurred, before the Secretariat imposes a sanction, said authority must consider such a situation as mitigating the infraction committed. Added paragraph DOF 12-13-1996 The corresponding authority, by itself or at the request of the offender, may grant the offender the option to pay the fine or make equivalent investments in the acquisition and installation of equipment to prevent pollution or in the protection, preservation or restoration of the environment and natural resources. , as long as the offender's obligations are guaranteed, it is not one of the cases provided for in article 170 of this Law, and the authority fully justifies its decision. Added paragraph DOF 12-13-1996. Renovated DOF 12-31-2001 ARTICLE 174.- When confiscation or temporary or definitive, total or partial, closure proceeds as a sanction, the personnel commissioned to execute it will proceed to draw up a detailed record of the diligence, observing the provisions applicable to the performance of inspections. In the cases in which temporary closure is imposed as a sanction, the Secretariat must indicate to the offender the corrective measures and actions that must be carried out to correct the irregularities that gave rise to said sanction, as well as the deadlines for its realization. Article revised DOF 13-12-1996 ARTICLE 174 BIS.- The Secretariat will give the seized assets one of the following destinations: I. Sale through invitation to at least three buyers, in those cases in which the value of what is seized does not exceed 5,000 thousand times the general minimum wage in force in the Federal District at the time the sanction is imposed. If said guests do not appear on the day indicated for the sale or their prices are not accepted, the authority may proceed with their direct sale; Section amended DOF 12-31-2001 II.- Auction at public auction when the value of what is seized exceeds 5,000 times the salary general minimum newspaper in force in the Federal District at the time of imposing the sanction; III.- Donation to public bodies and scientific or higher education institutions or public charity, depending on the nature of the confiscated property and according to the functions and activities carried out by the donee, as long as they are not for profit. In the case of species and subspecies of wild flora and fauna, these may be donated to public zoos as long as the existence of adequate conditions for their development is guaranteed, or IV.- Destruction in the case of products or by-products, of wild flora and fauna, of forest products infested or that have any disease that prevents their use, as well as fishing and hunting gear prohibited by applicable legal provisions. Article added DOF 13-12-1996 ARTICLE 174 BIS 1.- For the purposes of the provisions of sections I and II of the previous article, only those assumptions will be appropriate, when the confiscated assets are subject to appropriation in accordance with the applicable legal provisions. 82 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services In determining the value of the assets subject to auction or sale, the Secretariat will consider the price that in respect of said goods runs in the market, at the moment of carrying out the operation. In no case, those responsible for the infraction that would have given rise to the confiscation may participate in or benefit from the acts indicated in article 174 BIS of this Law, through which the alienation of the confiscated assets is carried out. Article added DOF 13-12-1996 ARTICLE 175.- The Secretariat may promote before the competent federal or local authorities, based on the studies carried out for that purpose, the limitation or suspension of the installation or operation of industries, businesses, services, urban developments, tourism or any activity that affects or may affect the environment, natural resources, or cause ecological imbalance or loss of biodiversity. Article revised DOF 13-12-1996 ARTICLE 175 BIS.- The income obtained from the fines for violations of the provisions of this Law, its regulations and other provisions derived from it, as well as those obtained from the auction in public auction or the direct sale of the Confiscated assets will be allocated to the integration of funds to develop programs related to inspection and surveillance in the matters referred to in this Law. Article added DOF 13-12-1996 CHAPTER V Review Resource Name of the Chapter amended DOF 12-13-1996 ARTICLE 176.- The final resolutions issued in the administrative procedures due to the application of this Law, its regulations and provisions that emanate from it, may be challenged by those affected, through the appeal for review, within the following fifteen business days on the date of its notification, or before the competent jurisdictional instances. The appeal for review will be filed directly with the authority that issued the contested resolution, who, if applicable, will agree to its admission, and the granting or denial of the suspension of the appealed act, turning the appeal over to its hierarchical superior for its final resolution. The resolution of the administrative procedure and the one that falls on the administrative appeal for review, may be disputed in the course of trial before the district courts in administrative matters. When the resolution of the administrative appeal is challenged, it will be understood that the appealed administrative resolution is simultaneously challenged in the part that continues to affect it, being able to assert concepts of challenge not raised in the appeal. Added paragraph DOF 07-06-2013 Article revised DOF 13-12-1996 ARTICLE 177.- When with the filing of the appeal for review, the petitioner requests the suspension of the confiscation, the authority may order the return of the respective assets to the interested party, as long as: I. The appeal is appropriate, and II. A guarantee is exhibited for the amount of the value of the confiscated item, which will be determined by the Secretariat, in accordance with the price that runs in the market, at the moment in which said guarantee must be granted. 83 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services In the event that the above requirements are not met, the Secretariat will determine the final destination of perishable products and live wild flora and fauna species, in accordance with the provisions of this Law and others that may be applicable. With regard to goods other than those indicated in the preceding paragraph, these will remain in deposit and may not dispose of them until the corresponding resolution is issued. Article revised DOF 13-12-1996 ARTICLE 178.- The suspension of the confiscation will not proceed in the following cases: I. In the case of wild flora and fauna species that lack the corresponding concession, permit or authorization; II. In the case of species of wild flora and fauna extracted or captured at a time, zone or place not included in the respective concession, permit or authorization, as well as in volumes greater than those established; III. In the case of wild flora and fauna species declared closed or considered rare, threatened, in danger of extinction or subject to special protection in accordance with this Law or other applicable legal provisions; IV. In the case of wild flora and fauna species seized from foreigners, or in foreign vessels or transport; V. In the case of products or by-products of wild flora and fauna, hunting weapons, arts of fishing and other objects or utensils prohibited by the applicable regulations, and SAW. In the case of timber and non-timber forest raw materials, from uses for which there is no authorization. Article revised DOF 13-12-1996 ARTICLE 179.- With regard to the other procedures related to the substantiation of the appeal for review referred to in article 176 of the present ordinance, the provisions of the Federal Law of Administrative Procedure shall apply. Article revised DOF 13-12-1996 ARTICLE 180.- In the case of works or activities that contravene the provisions of this Law and those to which it is applied in a supplementary manner, as well as the regulations and official Mexican standards derived from them, the ecological planning programs, the declarations of protected natural areas or the official Mexican regulations and standards derived from it, natural and legal persons who have a legitimate interest will have the right to challenge the corresponding administrative acts, as well as to demand that the necessary actions be carried out so that they are observed. the applicable legal provisions, provided that they demonstrate in the procedure that said works or activities originate or may cause damage to the environment, natural resources, wildlife or public health. For this purpose, they may optionally file the administrative appeal for review referred to in this Chapter, or go to the Federal Court of Fiscal and Administrative Justice. For the purposes of this article, the natural or legal persons of the communities possibly affected by said works or activities. Revised Article DOF 13-12-1996, 28-01-2011 84 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 181.- In the event that licenses, permits, authorizations or concessions are issued in contravention of this Law, they will be null and will not produce any legal effect, and the responsible public servants will be sanctioned in accordance with the provisions of the legislation on the matter. Said nullity may be demanded by means of the appeal referred to in the previous article. Article revised DOF 13-12-1996 CHAPTER VI Of the Crimes of the Federal Order ARTICLE 182.- In those cases in which, as a result of the exercise of its powers, the Secretariat becomes aware of acts or omissions that could constitute crimes in accordance with the provisions of the applicable legislation, it will file the corresponding complaint with the Federal Public Ministry. Any person may directly file the criminal complaints corresponding to the crimes environmental provisions in the applicable legislation. The Secretariat will provide, in the matters of its competence, the technical or expert opinions requested by the Public Ministry or the judicial authorities, due to the complaints presented by the commission of environmental crimes. The Secretariat will assist the Federal Public Ministry, under the terms of the Federal Code of Criminal Procedures. The foregoing, without prejudice to the assistance that the victim or the directly offended party of the illicit act may do, by himself or through his legal representative. Added paragraph DOF 12-31-2001 Article revised DOF 13-12-1996 ARTICLE 183.- (Repealed). Article repealed DOF 12-13-1996 ARTICLE 184.- (Repealed). Article repealed DOF 12-13-1996 ARTICLE 185.- (Repealed). Article repealed DOF 12-13-1996 ARTICLE 186.- (Repealed). Article repealed DOF 12-13-1996 ARTICLE 187.- (Repealed). Article repealed DOF 12-13-1996 ARTICLE 188.- The laws of the federative entities will establish the penal sanctions and administrative for environmental violations of the local order. Article revised DOF 13-12-1996 CHAPTER VII People's Complaint ARTICLE 189.- Any person, social groups, non-governmental organizations, associations and companies may report to the Federal Attorney for Environmental Protection or to other authorities any fact, act or omission that produces or may produce ecological imbalance or damage to the environment or to the natural resources, or contravenes the provisions of this Law and other ordinances that regulate matters related to the protection of the environment and the preservation and restoration of the ecological balance. 85 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services If there is no representation of the Federal Attorney for Environmental Protection in the locality, the complaint may be made before the municipal authority or, at the choice of the complainant, before the nearest offices of said representation. If the complaint was filed with the municipal authority and results from the federal order, it must be forwarded for attention and processing to the Federal Attorney for Environmental Protection. Article revised DOF 13-12-1996 ARTICLE 190.- The popular complaint may be exercised by any person, it is enough that in writing and contain: I.- The name or business name, address, telephone number, if any, of the complainant and, if applicable, of his or her legal representative; II.- The acts, facts or omissions denounced; III.- The data that allows the alleged offender to be identified or the polluting source to be located, and IV.- The evidence that the complainant offers in his case. Likewise, the complaint may be made by telephone, in which case the public servant who receives it will draw up a detailed record, and the complainant must ratify it in writing, complying with the requirements established in this article, within a term of three following business days. to the formulation of the complaint, without prejudice to the fact that the Federal Attorney for Environmental Protection investigates ex officio the facts constituting the complaint. Notoriously inadmissible or unfounded complaints will not be admitted, those in which it is noted bad faith, lack of foundation or non-existence of petition, which will be notified to the complainant. If the complainant asks the Federal Attorney for Environmental Protection to keep his identity a secret, for reasons of security and particular interest, it will carry out the follow-up of the complaint in accordance with the powers that this Law and other applicable legal provisions give him. grant. Article revised DOF 13-12-1996 ARTICLE 191.- The Federal Attorney for Environmental Protection, once the complaint is received, will acknowledge receipt of receipt, assign a file number and record it. In case two or more complaints are received for the same facts, acts or omissions, the accumulation in a single file, and the complainants must be notified of the respective agreement. Once the complaint is registered, the Federal Attorney for Environmental Protection, within 10 days of its presentation, will notify the complainant of the corresponding qualification agreement, indicating the procedure that has been given to it. If the complaint filed falls under the jurisdiction of another authority, the Federal Office for Environmental Protection will acknowledge the receipt of the complainant but will not admit the request and will turn it over to the competent authority for processing and resolution, notifying the complainant of such fact, by means of a well-founded agreement. and motivated. Article revised DOF 13-12-1996 86 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 192.- Once the instance is admitted, the Federal Attorney for Environmental Protection will carry out the identification of the complainant, and will make the complaint known to the person or persons, or to the authorities to whom the denounced facts are attributed or to whom it may affect the result of the action undertaken, in order to submit the documents and evidence that is appropriate to their right within a maximum period of 15 business days, from the respective notification. The Federal Attorney for Environmental Protection will carry out the necessary procedures with the purpose of determining the existence of acts, facts or omissions constituting the complaint. Likewise, in the cases provided for in this Law, it may initiate the appropriate inspection and surveillance procedures, in which case the respective provisions of this Title shall be observed. Article revised DOF 13-12-1996 ARTICLE 193.- The complainant may assist the Federal Attorney for Environmental Protection, providing the evidence, documentation and information that he deems pertinent. Said dependency must express the considerations adopted regarding the information provided by the complainant, at the time of resolving the complaint. Article revised DOF 13-12-1996 ARTICLE 194.- The Federal Attorney for Environmental Protection may request academic institutions, research centers and organizations of the public, social and private sectors, to prepare studies, opinions or expert opinions on issues raised in the complaints that are presented to it. Article revised DOF 13-12-1996 ARTICLE 195.- If the result of the investigation carried out by the Federal Attorney for Environmental Protection shows that these are acts, facts or omissions incurred by federal, state or municipal authorities, it will issue the necessary recommendations to promote before them the execution of the corresponding actions. The recommendations issued by the Federal Attorney for Environmental Protection will be public, autonomous and non-binding. Article added DOF 13-12-1996 ARTICLE 196.- When a popular complaint does not imply violations of environmental regulations, nor does it affect issues of public order and social interest, the Federal Attorney for Environmental Protection may subject it to a conciliation procedure. In any case, the parties involved must be heard. Article added DOF 13-12-1996 ARTICLE 197.- In the event that it is not verified that the acts, facts or omissions reported produce or may produce ecological imbalance or damage to the environment or natural resources or contravene the provisions of this Law, the Federal Attorney for Environmental Protection will inform the complainant, so that he may issue the observations he deems appropriate. Article added DOF 13-12-1996 ARTICLE 198.- The formulation of the popular complaint, as well as the agreements, resolutions and recommendations issued by the Federal Attorney for Environmental Protection, will not affect the exercise of other rights or means of defense that may correspond to those affected in accordance with the provisions applicable legal provisions, will not suspend or interrupt their preclusive, prescription or expiration terms. This circumstance must be pointed out to the interested parties in the admission agreement of the instance. Article added DOF 13-12-1996 87 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services ARTICLE 199.- The files of popular complaint that have been opened, may be concluded for the following reasons: I.- Due to the incompetence of the Federal Attorney for Environmental Protection to hear the popular complaint raised; II.- For having issued the corresponding recommendation; III.- When there are no violations of environmental regulations; IV.- Due to lack of interest of the complainant in the terms of this Chapter; V.- For having previously issued an agreement for the accumulation of files; VI.- For having resolved the popular complaint through conciliation between the parties; VII.- Due to the issuance of a resolution derived from the inspection procedure, or VIII.- By withdrawal of the complainant. Article added DOF 13-12-1996 ARTICLE 200.- The laws of the federal entities will establish the procedure for the attention of the popular complaint in the case of acts, facts or omissions that produce or may produce ecological imbalances or damage to the environment, due to violations of local environmental legislation. Article added DOF 13-12-1996 ARTICLE 201.- The authorities and public servants involved in matters within the competence of the Federal Attorney for Environmental Protection, or that by reason of their functions or activities may provide pertinent information, must comply in their terms with the requests that said agency makes to them. make in this sense. The authorities and public servants who are requested information or documentation that is considered confidential, in accordance with the provisions of the applicable legislation, will communicate it to the Federal Attorney for Environmental Protection. In this case, said dependency must handle the information provided under the strictest confidentiality. Article added DOF 13-12-1996 ARTICLE 202. The Federal Attorney for Environmental Protection, within the scope of its powers, is empowered to initiate the appropriate actions, before the competent authorities, when it is aware of acts, facts or omissions that constitute violations of administrative or criminal legislation. When acts, facts or omissions are carried out that violate the rights and interests of a community, the Federal Attorney for Environmental Protection, as well as any legitimate party referred to in article 585 of the Federal Code of Civil Procedures, may exercise collective action in accordance with the provisions of the Fifth Book of said Code. The foregoing will also be applicable with respect to those acts, facts or omissions that violate the environmental legislation of the states. Added article DOF 12-13-1996. Renovated DOF 2007-07-05, 2011-08-30 ARTICLE 203.- Without prejudice to the appropriate criminal or administrative sanctions, any person who pollutes or deteriorates the environment or affects natural resources or biodiversity, will be 88 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services responsible and will be obliged to repair the damage caused, in accordance with the applicable civil legislation. The term to demand environmental responsibility shall be five years from the moment in which the corresponding act, fact or omission occurs. Article added DOF 13-12-1996 ARTICLE 204.- When due to infraction of the provisions of this Law, damages or losses have been caused, the interested parties may request the Secretariat, the formulation of a technical opinion in this regard, which will have the value of proof, in case of being presented in judgment. Article added DOF 13-12-1996 TRANSITORY ARTICLES FIRST.- This Law shall enter into force on March 1, 1988. SECOND.- The Federal Environmental Protection Law of December 30, 1981, published in the Official Gazette of the Federation on January 11, 1982, is repealed, and the other legal provisions are repealed. in what is opposed to those of this Law. As long as the local legislatures enact the laws, and the municipalities the ordinances, regulations and edicts of police and good government, to regulate the matters that according to the provisions of this ordinance are of competence of states and municipalities, it will correspond to the Federation to apply this Law at the local level, coordinating for this with the state authorities and, with their participation, with the corresponding municipalities, as the case may be. THIRD.- While the regulatory provisions of this Law are issued, those that have governed until now will remain in force, insofar as they do not contravene it. The legal or regulatory references to the Federal Law on Environmental Protection, are understood to be made as applicable, to this Law. FOURTH.- All administrative procedures and resources related to the matters of this Law, which have been initiated under the Federal Law for Environmental Protection, will be processed and resolved in accordance with the provisions of said Law that is repealed. Mexico City, December 22, 1987.- Dip. David Jiménez González, President.- Sen. Armando Trasviña Taylor, President.- Dip. Patricia Villanueva Abrajam, Secretary.- Sen. Guadalupe Gómez Maganda de Anaya, Secretary.- Headings". In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the residence of the Federal Executive Power, in Mexico City, Federal District , on the twenty-third day of the month of December of one thousand nine hundred and eighty-seven.- Miguel de la Madrid H.- Signature.- The Secretary of the Interior, Manuel Bartlett D.- Signature . 89 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services TRANSITORY ARTICLES OF REFORM DECREES DECREE amending, adding and repealing various articles of the Penal Code for the Federal District in matters of Common Law, and for the entire Republic in matters of Federal Law. Published in the Official Gazette of the Federation on December 13, 1996 TRANSITORY ARTICLES FIRST ARTICLE.- This Decree shall enter into force the day after its publication in the Official Journal of the Federation. SECOND ARTICLE.- Articles 183 to 187 of the General Law of Ecological Balance and Environmental Protection are repealed; article 58 of the Forest Law; and articles 30 and 31 of the Federal Hunting Law. Mexico City, October 30, 1996.- Dip. Carlos Humberto Aceves del Olmo, President.- Sen. Melchor of the Holy Orders, President.- Dip. Severiano Perez Vazquez, Secretary.- Sen. Rosendo Villarreal Dávila, Secretary.- Signatures". In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the residence of the Federal Executive Power, in Mexico City, Federal District , on the tenth day of the month of December, nineteen hundred and ninety- six.- Ernesto Zedillo Ponce de León.- Signature.- The Secretary of the Interior, Emilio Chuayffet Chemor.- Signature . 90 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE that amends, adds and repeals various provisions of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on December 13, 1996 SINGLE ARTICLE.- Articles 1st, 2nd. fractions II and III, 3rd., the denomination of Chapter II of the First Title, of the 4th. to 14, the name of the Third Chapter of the First Title, 15, 16, the name of the Fourth Chapter and its Section I of the First Title, 17, the name of Section II of the Fourth Chapter of the First Title, 19 first paragraph and fractions I and V, 20, the name of Section III of Chapter Four of Title One, 21, 22, the name of Section IV of Chapter IV of Title One, 23, 28 to 35, the name of Section VI of Chapter Four of the First Title, 36, 37, the denomination of Section VII of the Third Chapter of the First Title, 38, the denomination of the Second Title, as well as of its Chapter I and Section I, 44, 45 first paragraph and fractions II, III, V and VII, the denomination of Section II of Chapter I of the Second Title, 46, 47, 48 first and third paragraphs, 49 to 59, 60, 62, 63, 64 first and third paragraphs, 65, 66, 67, 74, 76, 77, the name of Chapter II of Title Two, 78, the name of Chapter III of Title S second, 79, 80 first paragraph and sections I, II and V, 81, 82, 84, 86, 87, the name of Chapter I of the Third Title, 88 first paragraph and sections II and III, 89 first paragraph and sections IV to X, 90, 92 to 97, the name of Chapter II of the Third Title, 98 first paragraph and sections IV and V, 99 first paragraph and sections III, V, VII and XII, 100, 101 sections I to V, 102 to 105 , the name of the Third Chapter of the Third Title, 108 first paragraph and section I, 109, the name of Chapters I and II of the Fourth Title, the 111, 112 first paragraph and sections I to IV, VI, X and XI, 113 , the name of Chapter III of the Fourth Title, 118 sections I, II and IV, 119, 120 section VII, 122 first paragraph, 123, 124, 126, 127, 128 first paragraph, 130 to 133, the name of Chapter IV of Fourth Title, 134 sections III and IV, 135 section III, 136 section III, 137, 139, 140, 141, 143, 144, the denomination of Chapter V of the Fourth Title, 145 section I, 146 to 149, the name of Chapter VI of the Fourth Title, 150, 151, 152, 153 first paragraph and fractions II to V, and VIII paragraph d), the name of Chapter VII of the Fourth Title, 154, the name of Chapter VIII of the Fourth Title, 155, 156 first paragraph, the name of the Fifth Title and its First Chapter, 157, 158 sections I to III and V, 159, the name of Chapter I of the Sixth Title, the 160 second paragraph, 161, 162 second paragraph, 163 first paragraph, 164 first and second paragraphs, 167, 168, 169 third and fourth paragraphs, 170, 171 first paragraph and section II, 173 sections I and III, 174 first paragraph, 175, the name of Chapter V of the Title Sixth, 176 first paragraph, 177 to 194; Articles 14 BIS, 19 BIS, 20 BIS are added to 20 BIS 7, 22 BIS, 35 BIS, 35 BIS 1, 35 BIS 2, 35 BIS 3, 37 BIS, 38 BIS, 38 BIS 1, 38 BIS 2, 56 BIS, Section III of Chapter I of the Second Title, 64 BIS, 64 BIS 1, 75 BIS, Section IV of Chapter I of the Second Title, 78 BIS, 78 BIS 1, 83 last paragraph, 87 BIS, 87 BIS 1, 87 BIS 2, 88 fraction IV, 98 fraction VI, 101 fraction VI and VII, 101 BIS, 109 BIS, 109 BIS 1, 111 BIS, 112 fraction XII, 118 fraction VII, 119 BIS, 134 fraction V, 151 BIS, 152 BIS, 153 a second paragraph to section VII, 158 section VI, Chapter II of the Fifth Title, 159 a paragraph, 159 BIS to 159 BIS 6, 160 third paragraph, 169 with a fifth paragraph, 170 BIS, 171 last paragraph and sections IV and V, 173 last two paragraphs and sections IV and V, 174 BIS, 174 BIS 1, 175 BIS, 195 to 204; and articles 24, 25, 26, 27, Chapter V of the First Title, 42, 43, third paragraph of 48, 68 to 73, 89, sections XI and XII, 106, 107, 125, are repealed, to be as follows : .......... TRANSIENT FIRST ARTICLE.- This Decree shall enter into force the day after its publication in the Official Journal of the Federation. SECOND ARTICLE.- The Law on the Exclusive Fishing Zone of the Nation, published in the Official Gazette of the Federation on January 20, 1967, the Soil and Water Conservation Law, 91 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services published in said broadcasting organ on July 6, 1946, as well as all legal provisions that oppose the provisions of this Decree. THIRD ARTICLE.- The governments of the Federal Entities, as well as the City Councils, must adapt their laws, regulations, ordinances, police and good governance edicts and other applicable provisions, to what is established in this Decree. FOURTH ARTICLE.- The procedures and administrative resources related to the matters of the General Law of Ecological Balance and Environmental Protection, initiated prior to the entry into force of this Decree, will be processed and resolved in accordance with the provisions in force at that time. , and the other applicable provisions in the matter in question. FIFTH ARTICLE.- The Federation, in coordination with the authorities of the Federal and Municipal Entities, as appropriate, will apply the provisions of this Decree at the local level, in those matters whose competence did not correspond to said government orders before the entry into force. force of this Decree, until the ordinances indicated in the THIRD TRANSITORY ARTICLE are issued and modified. SIXTH ARTICLE.- The authorizations, permits, licenses and concessions granted prior to the date of entry into force of this Decree, will remain in force; its extension will be subject to the provisions of this Decree. SEVENTH ARTICLE.- The Secretariat, by means of an agreement that will be published in the Official Gazette of the Federation, must determine the category of protected natural area that, in accordance with the provisions of this Decree, will correspond to the areas or zones that have been previously established. upon entry into force of the same, in order to fulfill one or more of the purposes established in article 45 of the General Law of Ecological Balance and Environmental Protection, or whose characterization is analogous or similar to the description of any of the protected natural areas under federal jurisdiction provided for in article 46 of said ordinance. EIGHTH ARTICLE.- In the case of forest reserves, national forest reserves, forest protection zones, forest restoration and propagation zones and the protection zones of rivers, springs, reservoirs and in general, sources for the supply of water for the service of the populations, the Secretariat must carry out the studies and analyzes that are necessary to determine if the conditions that gave rise to its establishment have not been modified and if the purposes set forth in the instrument by which its constitution was declared correspond to the objectives and characteristics indicated in articles 45 and 53 of the General Law of Ecological Balance and Environmental Protection. In the event that according to the studies and analyzes carried out, it is necessary to modify the decrees through which the aforementioned areas and zones are declared, the Secretariat must promote the issuance of the corresponding decree before the Federal Executive, prior opinion. favorable from the National Council of Protected Natural Areas. Likewise, the Secretariat must make available to local governments, owners, possessors, groups and social, public or private organizations, research and higher education institutions and other interested persons, the studies or analyzes carried out for the purposes referred to. this article, with the purpose that they present the opinions and proposals that they consider appropriate. The Secretariat must incorporate in said studies and analyzes the considerations it deems pertinent in relation to the opinions and proposals that are sent to it, in order to make them known to the National Council of Natural Protected Areas, before it issues its recommendation, regarding the origin of the modification of the corresponding decree. 92 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services NINTH ARTICLE.- In the case of the areas and zones referred to in the previous article, only the environmental impact authorization referred to in article 28 of the General Law of Ecological Balance and Environmental Protection will be required, when the work or activity in question is included in any of the cases provided for in sections I to X or XII and XIII of the aforementioned precept. Said authorization will be granted in accordance with the provisions of the law itself and the provisions derived from it. TENTH ARTICLE.- As long as the regulatory provisions derived from the this Decree, those that have been in force until now will remain in force, as long as they do not contravene it. Mexico City, October 30, 1996.- Dip. Carlos Humberto Aceves del Olmo, President.- Sen. Melchor de los Santos Ordóñez, President.- Dip. Sabino González Alba, Secretary.- Sen. Rosendo Villarreal Dávila, Secretary.- Signatures". In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the residence of the Federal Executive Power, in Mexico City, Federal District , on the tenth day of the month of December, nineteen hundred and ninety- six.- Ernesto Zedillo Ponce de León.- Signature.- The Secretary of the Interior, Emilio Chuayffet Chemor.- Signature . 93 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE by which a section XXXVI is added to article 3, section XX to article 15 and article 39 of the General Law of Ecological Balance and Environmental Protection is reformed. Published in the Official Gazette of the Federation on January 7, 2000 UNIQUE. A section XXXVI is added to article 3, a section XX to article 15 and article 39 of the General Law of Ecological Balance and Environmental Protection is amended, to read as follows: .......... TRANSIENT UNIQUE. This decree will enter into force the day after its publication in the Official Gazette of the Federation. Mexico City, December 10, 1999.- Dip. Francisco José Paoli Bolio, President.- Sen. Luis Guzmán Mejía, Acting Vice President.- Dip. Francisco J. Loyo Ramos, Secretary.- Sen. Porfirio Camarena Castro, Secretary.- Headings". In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the residence of the Federal Executive Power, in Mexico City, Federal District , on the third day of the month of January of the year two thousand.- Ernesto Zedillo Ponce de León.- Signature.- The Secretary of the Interior, Diódoro Carrasco Altamirano.- Signature . 94 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE reforming the General Law on Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on December 31, 2001 SOLE ARTICLE.- Articles 11, 12, 109 BIS, 130, 150 second paragraph, 162 second paragraph, 163 first paragraph, 167 first paragraph, 171 section I, 173 section I and last paragraph, and 174 BIS section I are reformed. An article 45 BIS, a second paragraph to article 119, an article 147 BIS, a fourth paragraph to 159 BIS, a second paragraph to 161, a third paragraph to 163, a second paragraph to 168, and a fourth paragraph to 182 are added. , of the General Law of Ecological Balance and Environmental Protection, to be as follows: .......... TRANSIENT FIRST. This Decree shall enter into force on the day following its publication in the Diario Federation Officer. SECOND. The administrative procedures and appeals that are pending resolution at the entry into force of this Decree will be substantiated in accordance with the provisions in force at the time they were initiated. THIRD. For the signing and entry into force of any convention or agreement referred to in article 11 of this Law, the participating States or Municipalities must have their own regional, particular or marine planning program as appropriate. FOURTH. Environmental risk insurance will be subject to a Regulation of the General Law of Ecological Balance and Environmental Protection for the Establishment of Insurance and Premiums for Environmental Risk. For this purpose, the Secretariat shall publish this regulatory framework, no later than one year after the entry into force of this Decree. Mexico City, December 15, 2001.- Dip. Beatriz Elena Paredes Rangel, President.- Sen. Diego Fernández de Cevallos Ramos, President.- Dip. Adrián Rivera Pérez, Secretary.- Sen. María Lucero Saldaña Pérez, Secretary.- Headings". In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on the twenty-eighth day of the month of December, two thousand and one.- Vicente Fox Quesada.- Signature.- The Secretary of the Interior, Santiago Creel Miranda.- Signature . 95 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE by which the General Law of Sustainable Forest Development is issued and the General Law of Ecological Balance and Environmental Protection, the Organic Law of the Federal Public Administration and the Law of Prizes, Stimulus and Civil Rewards are reformed and added. Published in the Official Gazette of the Federation on February 25, 2003 TRANSITORY ARTICLES OF THE GENERAL FOREST DEVELOPMENT LAW SUSTAINABLE FIRST.- .......... SECOND.- This Law will enter into force ninety days after its publication in the Diario Federation Officer. THIRD TO ELEVENTH.- .......... SECOND ARTICLE.- Articles 5 section XI, 100 and 104 are reformed; section VI of article 28 is repealed; and a second paragraph is added to article 4 of the General Law of Ecological Balance and Environmental Protection, to read as follows: .......... TRANSITORY ARTICLE OF THE AMENDMENTS AND ADDITIONS TO THE GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION; ORGANIC LAW OF THE FEDERAL PUBLIC ADMINISTRATION; AND LAW OF CIVIL PRIZES, STIMULUS AND REWARDS. UNIQUE ARTICLE. These reforms will enter into force on the same day of the entry into force of the General Law of Sustainable Forestry Development. Mexico City, December 13, 2002.- Sen. Enrique Jackson Ramírez, President.- Dip. Beatriz Elena Paredes Rangel, President.- Sen. Lydia Madero García, Secretary.- Dip. Adela Cerezo Bautista, Secretary.- Headings". In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on the twenty-first day of the month of February, two thousand and three.- Vicente Fox Quesada.- Signature.- The Secretary of the Interior, Santiago Creel Miranda.- Signature . 96 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE by which an article 17 Bis is added to the General Law of Ecological Balance and Environmental Protection; Article 27 of the Public Sector Acquisitions, Leasing and Services Law is reformed; and article 28 of the Law on Public Works and Related Services. Published in the Official Gazette of the Federation on June 13, 2003 FIRST ARTICLE.- Article 17 BIS is added to the General Law of Ecological Balance and the Environmental Protection, to be as follows: .......... TRANSIENT SOLE ARTICLE.- This Decree shall enter into force the day after its publication in the Official Journal of the Federation. Mexico City, April 29, 2003.- Sen. Enrique Jackson Ramírez, President.- Dip. Armando Salinas Torre, President.- Sen. Lydia Madero García, Secretary.- Dip. Rodolfo Dorador Pérez Gavilán, Secretary.- Signatures". In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on the tenth day of the month of June, two thousand and three.- Vicente Fox Quesada.- Signature.- The Secretary of the Interior, Santiago Creel Miranda.- Signature . 97 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE by which articles 28 and 48 are reformed, and a fraction XXXVII is added to article 3 on the one hand. and on the other articles 47 BIS and 47 BIS 1 of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on February 23, 2005 SINGLE ARTICLE.- Articles 28 and 48 are reformed, and a fraction XXXVII is added to article 3 on the one hand. and on the other articles 47 BIS and 47 BIS 1 of the General Law of Ecological Balance and Environmental Protection, to read as follows: .......... TRANSIENT First: This Decree will enter into force 180 days after its publication in the Diario Federation Officer. Second: With the entry into force of this Decree, the Federal Executive Power must review and modify the regulations of the General Law of Ecological Balance and Environmental Protection in matters of Protected Natural Areas, and in matters of Environmental Impact Assessment, in in relation to the articles that regulate the modified legal provisions, in a term that does not exceed 60 days once this initiative enters into force. Third: The national parks and natural monuments that have been established prior to the issuance of this decree, may use alternative zones, in addition to those required in article 47 Bis 1 of this Law, that allow the conservation objectives of the protected natural area, with the activities that have been carried out up to that moment. Mexico City, December 14, 2004.- Dip. Manlio Fabio Beltrones Rivera, President.- Sen. Diego Fernández de Cevallos Ramos, President.- Dip. Marcos Morales Torres, Secretary.- Sen. Sara I. Castellanos Cortés, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on the twenty-first day of the month of February, two thousand and five.- Vicente Fox Quesada.- Signature.- The Secretary of the Interior, Santiago Creel Miranda.- Signature . 98 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE adding articles 167 Bis, 167 Bis 1, 167 Bis 2, 167 Bis 3 and 167 Bis 4 to the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on December 7, 2005 UNIQUE ITEM. Items 167 BIS, 167 BIS 1, 167 BIS 2, 167 BIS 3 and 167 BIS 4 are added a the General Law of Ecological Balance and Environmental Protection, to be as follows: .......... TRANSIENT Sole.- This Decree shall enter into force the day after its publication in the Official Gazette of the Federation. Mexico City, September 29, 2005.- Dip. Heliodoro Díaz Escárraga, President.- Sen. Enrique Jackson Ramírez, President.- Dip. Patricia Garduño Morales, Secretary.- Sen. Sarah I. Castellanos Cortés, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on the thirtieth day of the month of November, two thousand and five.- Vicente Fox Quesada.- Signature.- The Secretary of the Interior, Carlos María Abascal Carranza.- Signature . 99 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE reforming article 6o. of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on May 23, 2006 SOLE ARTICLE.- Article 6 of the General Law of Ecological Balance is reformed and the Environmental Protection, to be as follows: .......... TRANSIENT Sole.- This Decree shall enter into force the day after its publication in the Official Gazette of the Federation. Mexico City, April 19, 2006.- Sen. Enrique Jackson Ramírez, President.- Dip. Marcela González Salas P., President.- Sen. Sara I. Castellanos Cortés, Secretary.- Dip. Patricia Garduño Morales, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on the eighteenth day of the month of May of two thousand and six.- Vicente Fox Quesada.- Signature.- The Secretary of the Interior, Carlos María Abascal Carranza.- Signature . 100 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE by which a fraction VI is added to article 19; a third paragraph to article 20 BIS 2; and modifies article 51 of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on February 12, 2007 First Article.- A section VI is added to article 19 of the General Law of Balance Ecological and Environmental Protection, to be as follows: .......... Second Article.- A third paragraph is added to article 20 BIS 2, of the General Law of Ecological Balance and Environmental Protection, to read as follows: .......... Article Three.- The text of article 51 of the General Law of Ecological Balance and the Environmental Protection, to be as follows: .......... TRANSIENT Sole.- This Decree will enter into force 180 days after its publication in the Diario Federation Officer. Mexico City, December 21, 2006.- Sen. Francisco Arroyo Vieyra, Vice President.- Dip. Jorge Zermeño Infante, President.- Sen. Ludivina Menchaca Castellanos, Secretary.- Dip. Jose Gildardo Guerrero Torres, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on the eighth day of the month of February, two thousand and seven.- Felipe de Jesús Calderón Hinojosa.- Signature.- The Secretary of the Interior, Francisco Javier Ramírez Acuña.- Signature . 101 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE that adds and reforms the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on June 19, 2007 SOLE ARTICLE.- A fraction XI is added to article 89; and the second paragraph of article 119, both of the General Law of Ecological Balance and Environmental Protection, is amended to read as follows: .......... TRANSIENT FIRST.- This Decree will enter into force the day after its publication in the Official Gazette of the Federation. SECOND.- The Secretariat, within the 6 months following the entry into force of this Decree, must issue the Official Mexican Standard that is necessary to comply with the reformed provisions. Mexico City, April 26, 2007.- Sen. Manlio Fabio Beltrones Rivera, President.- Dip. Jorge Zermeño Infante, President.- Sen. Renán Cleominio Zoreda Novelo, Secretary.- Dip. Maria Eugenia Jimenez Valenzuela, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on the twelfth day of the month of June, two thousand and seven.- Felipe de Jesús Calderón Hinojosa.- Signature.- The Secretary of the Interior, Francisco Javier Ramírez Acuña.- Signature . 102 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending and adding various provisions of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on July 5, 2007 FIRST ARTICLE.- Section III is reformed and a new section IV is added, going through the current section IV to numeral V of article 49. SECOND ARTICLE. Section VI of Article 22 Bis is reformed, reviewing the subsequent ones; sections I and III of article 38; section IX of the first paragraph and the third paragraph of article 46; and the first paragraph of article 54; and article 202, to be as follows: .......... TRANSIENT First.- This Decree will enter into force the day after its publication in the Official Gazette of the Federation. Second.- The provisions that oppose this Decree are repealed. Mexico City, April 26, 2007.- Sen. Manlio Fabio Beltrones Rivera, President.- Dip. Jorge Zermeño Infante, President.- Sen. Renán Cleominio Zoreda Novelo, Secretary.- Dip. Antonio Xavier Lopez Adame, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on July 3, two thousand and seven.- Felipe de Jesús Calderón Hinojosa.- Signature.- The Secretary of the Interior, Francisco Javier Ramírez Acuña.- Signature . 103 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending and adding various provisions of the General Law of Ecological Balance and Environmental Protection, to strengthen the voluntary certification of properties. Published in the Official Gazette of the Federation on May 16, 2008 SOLE ARTICLE.- Sections IX and X, the second, third and fourth paragraphs of article 46 are reformed; the first paragraph of article 74; a fraction XI is added to article 46; an article 55 BIS; a Section V called "Establishment, Administration and Management of Areas Voluntarily Destined for Conservation", to Chapter I "Natural Protected Areas", of the Second Title "Biodiversity", with article 77 BIS, and the second paragraph of article 59 is repealed , of the General Law of Ecological Balance and Environmental Protection, to be as follows: ………. TRANSIENT FIRST ARTICLE.- This Decree shall enter into force the day after its publication in the Official Journal of the Federation. SECOND ARTICLE.- The Head of the Federal Executive Power, within a period not exceeding three hundred days, must publish in the Official Gazette of the Federation the necessary reforms to the Regulations of the General Law of Ecological Balance and Environmental Protection in matters of Areas Natural Protected Areas, so that the corresponding provisions are in accordance with this Decree. THIRD ARTICLE.- While the regulatory provisions of this Decree are issued, Those that have governed to date will remain in force, as long as they do not contravene them. FOURTH ARTICLE.- The certificates of properties voluntarily destined for conservation, issued prior to the entry into force of this Decree, will be valid for the purposes of recognition as a protected natural area, in accordance with the provisions of section I of article 77 BIS of this Decree. Likewise, they will keep their registration number and date, but their renewal must be adjusted to the provisions of this Decree. FIFTH ARTICLE.- The certification procedures of properties voluntarily destined for conservation that have been initiated prior to the entry into force of this Decree, will be resolved in accordance with the provisions in force at the time of the presentation of the corresponding request, but its renewal must comply with the provisions of this Decree. Mexico City, March 26, 2008.- Sen. Santiago Creel Miranda, President.- Dip. Ruth Zavaleta Salgado, President.- Sen. Gabino Cué Monteagudo, Secretary.- Dip. Olga Patricia Chozas y Chozas, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on May 12, 2008.- Felipe de Jesús Calderón Hinojosa.- Signature.- The Secretary of the Interior, Juan Camilo Mouriño Terrazo.- Signature . 104 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE by which section XXVIII of article 3 is reformed. of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on April 1, 2010 SOLE ARTICLE.- Section XXVIII of Article 3 is reformed. of the General Law of Balance Ecological and Environmental Protection, to be as follows: ………. TRANSIENT SOLE.- This Decree shall enter into force the day following its publication in the Official Gazette of the Federation. Mexico City, February 23, 2010.- Sen. Carlos Navarrete Ruiz, President.- Dip. Francisco Javier Ramírez Acuña, President.- Sen. Martha Leticia Sosa Govea, Secretary.- Dip. Jaime Arturo Vazquez Aguilar, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on March twenty-ninth, two thousand and ten.- Felipe de Jesús Calderón Hinojosa.- Signature.- The Secretary of the Interior, Lic. Fernando Francisco Gómez Mont Urueta.- Rubric. 105 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending and adding various provisions of the General Law on Ecological Balance and Environmental Protection, and the General Law on Wildlife. Published in the Official Gazette of the Federation on April 6, 2010 FIRST ARTICLE.- Section I of article 79 is reformed; section IV of article 80 is reformed, and article 85 is reformed, all of the General Law of Ecological Balance and Environmental Protection, to read as follows: ………. TRANSIENT UNIQUE ARTICLE. This Decree shall enter into force on the day following its publication in the Official Journal of the Federation. Mexico City, February 16, 2010.- Sen. Carlos Navarrete Ruiz, President.- Dip. Francisco Javier Ramírez Acuña, President.- Sen. Martha Leticia Sosa Govea, Secretary.- Dip. Jaime Arturo Vázquez Aguilar, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , March thirty-first, two thousand and ten.- Felipe de Jesús Calderón Hinojosa.- Signature.- The Secretary of the Interior, Lic. Fernando Francisco Gómez Mont Urueta.- Signature . 106 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE by which article 180 of the General Law of Ecological Balance and Environmental Protection is reformed and added, and section I of article 8 is reformed. of the Federal Law of Contentious-Administrative Procedure. Published in the Official Gazette of the Federation on January 28, 2011 First Article.- The first paragraph is reformed and a second and third paragraphs are added to article 180 of the General Law of Ecological Balance and Environmental Protection, to read as follows: ………. TRANSIENT Sole Article.- This Decree shall enter into force the day following its publication in the Diario Federation Officer. Mexico City, December 14, 2010.- Sen. Manlio Fabio Beltrones Rivera, President.- Dip. Jorge Carlos Ramirez Marin, President.- Sen. Renan Cleominio Zoreda Novelo, Secretary.- Dip. Maria Guadalupe Garcia Almanza, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , January twenty-fourth, two thousand and eleven.- Felipe de Jesús Calderón Hinojosa.- Signature.- The Secretary of the Interior, José Francisco Blake Mora.- Signature . 107 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE by which a fraction XVII is added to Article 3o. of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on January 28, 2011 Sole Article.- A section XVII is added, going through in its order those subsequent to Article 3 of the General Law of Ecological Balance and Environmental Protection, to be as follows: ………. TRANSIENT Sole.- This Decree shall enter into force the day after its publication in the Official Gazette of the Federation. Mexico City, December 13, 2010.- Dip. Jorge Carlos Ramirez Marin, President.- Sen. Manlio Fabio Beltrones Rivera, President.- Dip. Maria de Jesus Aguirre Maldonado, Secretary.- Sen. Martha Leticia Sosa Govea, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , January twenty-fourth, two thousand and eleven.- Felipe de Jesús Calderón Hinojosa.- Signature.- The Secretary of the Interior, José Francisco Blake Mora.- Signature . 108 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending and adding various provisions of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on January 28, 2011 Single Article.- Article 41 is reformed; and a section V is added to Article 2; a section V Bis to Article 3; a section XXI to Article 5, going through the subsequent ones in their order; a section XXI to Article 7, going through the subsequent ones in their order; a section XVI to Article 8, going through the subsequent ones in their order of the General Law of Ecological Balance and Environmental Protection, to be as follows: ………. TRANSIENT First article. This Decree shall enter into force on the day following its publication in the Official Journal of the Federation. Second Article. All provisions that oppose this Decree are repealed and, where appropriate, abrogated. Mexico City, December 14, 2010.- Dip. Jorge Carlos Ramirez Marin, President.- Sen. Manlio Fabio Beltrones Rivera, President.- Dip. Cora Cecilia Pinedo Alonso, Secretary.- Sen. Martha Leticia Sosa Govea, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , January twenty-fourth, two thousand and eleven.- Felipe de Jesús Calderón Hinojosa.- Signature.- The Secretary of the Interior, José Francisco Blake Mora.- Signature . 109 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending and adding the Federal Code of Civil Procedures, the Federal Civil Code, the Federal Law of Economic Competition, the Federal Law of Consumer Protection, the Organic Law of the Judicial Power of the Federation, the General Law of Balance Ecological and Environmental Protection and the Law for the Protection and Defense of Financial Services Users. Published in the Official Gazette of the Federation on August 30, 2011 ARTICLE SIXTH.- The second and third paragraphs of article 202 of the General Law are added of Ecological Balance and Environmental Protection, to be as follows: ………. TRANSIENT FIRST.- This Decree will enter into force six months after the day of its publication in the Official Gazette of the Federation. SECOND.- All provisions that oppose the provisions of this Decree are repealed. THIRD.- The Chamber of Deputies will approve the necessary budget modifications to effect of achieving effective compliance with this Decree. FOURTH.- The Council of the Federal Judiciary, within the scope of the powers that have been conferred, will dictate the necessary measures to achieve effective compliance with this Decree. FIFTH.- The Federal Judiciary Council must create the Registry within ninety days following the entry into force of this decree. The requirement set forth in section II of article 620 of the Federal Code of Civil Procedures will not be applicable until after the first year of entry into force of this Decree. SIXTH.- The Federal Judiciary Council must create the Fund referred to in Chapter XI of the Sole Title of the Fifth Book of the Federal Code of Civil Procedures within ninety days following the entry into force of this decree. As long as the Fund is not created, the resources derived from the collective procedures will be deposited in a banking institution and will be controlled directly by the judge of the case. Mexico City, April 28, 2011.- Sen. Manlio Fabio Beltrones Rivera, President.- Dip. Jorge Carlos Ramírez Marín, President.- Sen. Martha Leticia Sosa Govea, Secretary.- Dip. Cora Cecilia Pinedo Alonso, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , August twenty-ninth, two thousand and eleven.- Felipe de Jesús Calderón Hinojosa.- Signature.- The Secretary of the Interior, José Francisco Blake Mora.- Signature . 110 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE by which various Federal Laws are reformed, in order to update all those articles that refer to the Secretaries of State whose denomination was modified and to the Government of the Federal District as appropriate; as well as eliminate the mention of the administrative departments that are no longer valid. Published in the Official Gazette of the Federation on April 9, 2012 SIXTY-SECOND ARTICLE. Articles 3o., fraction XXXV are reformed; 64, third paragraph; 85; 111, fraction IX; 140; 141, first paragraph; 143; 144, first paragraph; and 146 of the General Ecological Balance and Environmental Protection Act, to remain as follows: ………. TRANSIENT First. This decree will enter into force the day after its publication in the Official Gazette of the Federation. Second. As of the date on which this Decree enters into force, the provisions that contravene or oppose it are rendered null and void. Mexico City, February 21, 2012.- Dip. Guadalupe Acosta Naranjo, President.- Sen. José González Morfín, President.- Dip. Laura Arizmendi Campos, Secretary.- Sen. Renán Cleominio Zoreda Novelo, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , March 30, 2012.- Felipe de Jesús Calderón Hinojosa.- Signature.- The Secretary of the Interior, Alejandro Alfonso Poiré Romero.- Signature . 111 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending section IV of article 15 of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on April 24, 2012 Sole Article.- Section IV of article 15 of the General Law of Ecological Balance and Environmental Protection, to be as follows: ………. TRANSIENT Unique. This Decree will enter into force the day after its publication in the Official Gazette of the Federation. Mexico City, March 13, 2012.- Sen. Jose Gonzalez Morfin, President.- Dip. Guadalupe Acosta Naranjo, President.- Sen. Renan Cleominio Zoreda Novelo, Secretary.- Dip. Gloria Romero León, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on April 19, 2012.- Felipe de Jesús Calderón Hinojosa.- Signature.- The Secretary of the Interior, Alejandro Alfonso Poiré Romero.- Signature . 112 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE by which a fraction X is added to article 23 of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on May 29, 2012 Single Item. A fraction X is added to article 23 of the General Law of Ecological Balance and Environmental Protection, to be as follows: ………. Transient First. This decree will enter into force the day following its publication in the Official Gazette of the Federation. Second. The head of the Federal Executive Power, within a period not exceeding 180 days after the entry into force of this decree, must publish the National Atlas of Vulnerability to Climate Change, so that the authorities of the Federation, the States, the Federal District and the Municipalities, in the sphere of their competence, take it into account in the elaboration, updating and implementation of their ecological zoning programs. Mexico City, April 17, 2012.- Dip. Guadalupe Acosta Naranjo, President.- Sen. José González Morfín, President.- Dip. Gloria Romero Leon, Secretary.- Sen. Ludivina Menchaca Castellanos, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , May twenty-fifth, two thousand and twelve.- Felipe de Jesús Calderón Hinojosa.- Signature.- The Secretary of the Interior, Alejandro Alfonso Poiré Romero.- Signature . 113 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending articles 22, 22 Bis, 41 and 116 of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on May 29, 2012 Sole Article: Articles 22, third paragraph, are reformed; 22 BIS, fraction I; 41, and 116, fraction III of the General Law of Ecological Balance and Environmental Protection, to be as follows: ………. Transient Unique. This Decree shall enter into force the day following its publication in the Official Gazette of the Federation. Mexico City, April 17, 2012.- Dip. Guadalupe Acosta Naranjo, President.- Sen. José González Morfín, President.- Dip. Mariano Quihuis Fragoso, Secretary.- Sen. Ludivina Menchaca Castellanos, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , May twenty-fifth, two thousand and twelve.- Felipe de Jesús Calderón Hinojosa.- Signature.- The Secretary of the Interior, Alejandro Alfonso Poiré Romero.- Signature . 114 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending article 171 of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on June 1, 2012 Sole Article.- Section I and the third paragraph of Article 171 of the General Law of Ecological Balance and Environmental Protection are amended to read as follows: ………. TRANSIENT First.- This Decree will enter into force on the day following its publication in the Official Gazette of the Federation. Second.- All provisions that oppose this Decree are repealed and abrogated Mexico City, April 19, 2012.- Dip. Guadalupe Acosta Naranjo, President.- Sen. José González Morfín, President.- Dip. Gloria Romero León, Secretary.- Sen. Martha Leticia Sosa Govea, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , May thirty-first, two thousand and twelve.- Felipe de Jesús CalderónSignature.- Hinojosa.-The Secretary of the Interior, Alejandro Alfonso Poiré Romero.- Signature . 115 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending and adding various provisions of the General Law on Ecological Balance and Environmental Protection and the General Law on Sustainable Forestry Development. Published in the Official Gazette of the Federation on June 4, 2012 First Article.- Section XXXVI is added to article 3, going through the subsequent ones, of the General Law of Ecological Balance and Environmental Protection, to be as follows: …….. TRANSIENT FIRST. This Decree shall enter into force on the day following its publication in the Diario Federation Officer. SECOND. The Head of the Federal Executive Power, within a period not exceeding three years after the entry into force of this Decree, will implement a national monitoring, registration and verification system, in order to evaluate and systematize the reduction of emissions derived from actions of prevention and combat of deforestation and degradation of forest ecosystems (REDD+), which is referred to in section IX of article 45 of this Decree. Mexico City, April 24, 2012.- Dip. Guadalupe Acosta Naranjo, President.- Sen. José González Morfín, President.- Dip. Guadalupe Perez Dominguez, Secretary.- Sen. Ludivina Menchaca Castellanos, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , June 1, two thousand and twelve.- Felipe de Jesús Calderón Hinojosa.- Signature.- The Secretary of the Interior, Alejandro Alfonso Poiré Romero.- Signature . 116 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE by which an article 17 TER is added to the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on May 15, 2013 SOLE ARTICLE.- Article 17 TER is added to the General Law of Ecological Balance and the Environmental Protection, to be as follows: ………. TRANSIENT FIRST ARTICLE.- This Decree will enter into force in the following fiscal year that corresponds to its publication in the Official Gazette of the Federation, and the corresponding bodies must include the forecasts in their draft budgets. SECOND ARTICLE.- The dependencies of the Federal Public Administration, the Federal Legislative Power and the Judicial Power of the Federation will have a period of no more than three hundred and sixty calendar days to carry out the installation of the rainwater harvesting system to which the refers to article 17 TER of this Law. Mexico, DF, on April 3, 2013.- Sen. Ernesto Cordero Arroyo, President.- Dip. Francisco Arroyo Vieyra, President.- Sen. Rosa Adriana Diaz Lizama, Secretary.- Dip. Xavier Azuara Zuñiga, Secretary.- Rubrics. In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on May thirteen, two thousand and thirteen.- Enrique Peña Nieto.- Signature.- The Secretary of the Interior, Miguel Ángel Osorio Chong.- Rubric. 117 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending article 132 of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on May 20, 2013 Sole Article.- Article 132 of the General Law of Ecological Balance and Environmental Protection is reformed, to read as follows: ……… Transient Sole.- This Decree shall enter into force the day following its publication in the Official Gazette of the Federation. Mexico City, April 3, 2013.- Sen. Ernesto Cordero Arroyo, President.- Dip. Francisco Arroyo Vieyra, President.- Sen. Rosa Adriana Díaz Lizama, Secretary.- Dip. Fernando Bribiesca Sahagún, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on the sixteenth of May, two thousand and thirteen.- Enrique Peña Nieto.- Signature.- The Secretary of the Interior, Miguel Ángel Osorio Chong.- Signature . 118 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending various provisions of the General Law on Ecological Balance and Environmental Protection and the General Law on Sustainable Forestry Development. Published in the Official Gazette of the Federation on May 20, 2013 First Article.- Articles 32 and 104 of the General Law of Ecological Balance and the Environmental Protection, to be as follows: ……… TRANSIENT First article. This Decree will enter into force on the day following its publication. in the Official Gazette of the Federation. Second Article. Within a period not exceeding 180 business days after the entry into force of this Decree, the head of the Federal Executive Power must make the corresponding adjustments to the Regulations of the General Law on Sustainable Forestry Development. Mexico, DF, on April 3, 2013.- Sen. Ernesto Cordero Arroyo, President.- Dip. Francisco Arroyo Vieyra, President.- Sen. Rosa Adriana Diaz Lizama, Secretary.- Dip. Tanya Rellstab Reel, Secretary.- Rubrics." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on the sixteenth of May, two thousand and thirteen.- Enrique Peña Nieto.- Signature.- The Secretary of the Interior, Miguel Ángel Osorio Chong.- Signature . 119 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending article 47 Bis of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on May 21, 2013 Sole Article.- The second paragraph of subsection (h), fraction II of Article 47 Bis, of the Act is reformulated General of Ecological Balance and Environmental Protection, to be as follows: ………. TRANSIENT First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation. Second.- The Federal Executive Power, within a period not exceeding 90 calendar days after the entry into force of this Decree, must publish in the Official Gazette of the Federation, the Decree by which article 61 of the Regulation is reformed. of the General Law of Ecological Balance and Environmental Protection in matters of Protected Natural Areas, in order to comply with the provisions of this Decree. Mexico City, April 3, 2013.- Sen. Ernesto Cordero Arroyo, President.- Dip. Francisco Arroyo Vieyra, President.- Sen. Rosa Adriana Díaz Lizama, Secretary.- Dip. Fernando Bribiesca Sahagún, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on the seventeenth of May, two thousand and thirteen.- Enrique Peña Nieto.- Signature.- The Secretary of the Interior, Miguel Ángel Osorio Chong.- Signature . 120 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending and adding articles 36, 37 BIS and 37 TER of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on May 24, 2013 SOLE ARTICLE.- Section I of article 36 is reformed and an article 37 BIS is added, and the current article 37 BIS becomes article 37 TER of the General Law of Ecological Balance and Environmental Protection, to read as follows: ……… Transient Sole.- This Decree shall enter into force the day after its publication in the Official Gazette. of the Federation. Mexico, DF, on April 16, 2013.- Sen. Ernesto Cordero Arroyo, President.- Dip. Francisco Arroyo Vieyra, President.- Sen. Lilia Guadalupe Merodio Prayer, Secretary.- Dip. Xavier Azuara Zuñiga, Secretary.- Rubrics. In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on the seventeenth of May, two thousand and thirteen.- Enrique Peña Nieto.- Signature.- The Secretary of the Interior, Miguel Ángel Osorio Chong.- Signature . 121 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending and adding various provisions of the General Law of Ecological Balance and Environmental Protection, in matters of marine protected areas. Published in the Official Gazette of the Federation on May 24, 2013 Single Article.- The first paragraph of article 44 is reformed; sections I and III of article 45; the first paragraph, the first and second paragraphs of subsection a) and the second paragraph of subsection b) of fraction I; the second paragraph of subsection a), the second paragraph of subsection b), the first paragraph of subsection c), the first, second and third paragraphs of subsection d), the second paragraph of subsection e), and the first paragraph of subsection h) of section II of article 47 BIS; the second paragraph of article 48; the second and fourth paragraphs of article 51; and a final paragraph is added to article 46; the third and fourth paragraphs, going through the subsequent section of article 48 in order; and the third paragraph to article 55, of the General Law of Ecological Balance and Environmental Protection, to read as follows: ………. TRANSIENT Sole.- This Decree shall enter into force the day after its publication in the Official Gazette of the Federation. Mexico, DF, on April 18, 2013.- Sen. Ernesto Cordero Arroyo, President.- Dip. Francisco Arroyo Vieyra, President.- Sen. Lilia Guadalupe Merodio Prayer, Secretary.- Dip. Tanya Rellstab Reel, Secretary.- Rubrics." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on the seventeenth of May, two thousand and thirteen.- Enrique Peña Nieto.- Signature.- The Secretary of the Interior, Miguel Ángel Osorio Chong.- Signature . 122 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE issuing the Federal Environmental Responsibility Law and amending, adding and repealing 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 Comprehensive Waste Management, the General Law on Sustainable Forest Development, the National Water Law, the Federal Penal Code, the Law on Navigation and Maritime Commerce and the General Law on National Assets. Published in the Official Gazette of the Federation on June 7, 2013 Second Article. The second paragraph of article 168 and article 169 are reformed; and three paragraphs are added to article 168 and a final paragraph to article 176 of the General Law of Ecological Balance and Environmental Protection, to read as follows: ………. TRANSIENT FIRST.- This Decree will enter into force thirty days after its publication in the Official Journal of the Federation. SECOND.- The Environmental Responsibility Fund must be constituted and its bases and rules of operation, prepared and approved within one hundred and eighty days after the entry into force of this Decree. THIRD.- The District Courts specialized in environmental matters must be established within a maximum term of two years counted from the entry into force of this Decree. Jurisdiction specializing in environmental matters may be granted to the District Courts in office in each jurisdictional circuit or in accordance with the provisions of the Federal Judiciary Council, without this implying the creation of new jurisdictional bodies. The staff of each of said District Courts will receive specialized training in environmental regulations. Mexico City, April 25, 2013.- Sen. Ernesto Cordero Arroyo, President.- Dip. Francisco Arroyo Vieyra, President.- Sen. Rosa Adriana Díaz Lizama, Secretary.- Dip. Javier Orozco Gómez, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District June 5, two thousand and thirteen.- Enrique Peña Nieto.- Signature.- The Secretary of the Interior, Miguel Ángel Osorio Chong.- Rubric. 123 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE reforming article 1o. of the General Law of Ecological Balance and Environmental Protection and article 1 of the General Law for the Prevention and Comprehensive Management of Waste. Published in the Official Gazette of the Federation on November 5, 2013 First Article.- Section I of article 1 is reformed. of the General Law of Ecological Balance and Environmental Protection, to be as follows: ………. Transient Sole.- This Decree shall enter into force the day following its publication in the Official Gazette. of the Federation. Mexico City, October 2, 2013.- Sen. Raúl Cervantes Andrade, President.- Dip. Ricardo Anaya Cortés, President.- Sen. Lilia Guadalupe Merodio Reza, Secretary.- Dip. Merilyn Gómez Pozos, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on October twenty-ninth, two thousand and thirteen.- Enrique Peña Nieto.- Signature.- The Secretary of the Interior, Miguel Ángel Osorio Chong.- Signature . 124 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE by which a second paragraph is added to article 87 Bis 2 of the General Law of Ecological Balance and Environmental Protection, and sections X, XXVI and XLVII are added, running the subsequent ones, to article 3o. of the General Wildlife Law. Published in the Official Gazette of the Federation on November 5, 2013 First Article.- A second paragraph is added to article 87 Bis 2 of the General Law of Ecological Balance and Environmental Protection, to read as follows: ……… Transient First. This Decree will enter into force the day following its publication in the Official Gazette of the Federation. Second. The Secretariat shall issue the corresponding official Mexican standards within a period eighteen months after the entry into force of this Law. Mexico City, October 3, 2013.- Sen. Raúl Cervantes Andrade, President.- Dip. Ricardo Anaya Cortés, President.- Sen. María Elena Barrera Tapia, Secretary.- Dip. Javier Orozco Gómez, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on the first of November two thousand and thirteen.- Enrique Peña Nieto.- Signature.- The Secretary of the Interior, Miguel Ángel Osorio Chong.- Signature . 125 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE reforming article 3o. of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on January 16, 2014 UNIQUE ARTICLE. Section XXXIII of article 3 is reformed. of the General Law of Balance Ecological and Environmental Protection, to be as follows: ……… TRANSIENT UNIQUE. This decree will enter into force the day following its publication in the Official Gazette of the Federation. Mexico City, December 3, 2013.- Dip. Ricardo Anaya Cortes, President.- Sen. Raúl Cervantes Andrade, President.- Dip. Javier Orozco Gomez, Secretary.- Sen. Rosa Adriana Díaz Lizama, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , on January tenth, two thousand and fourteen.- Enrique Peña Nieto.- Signature.- The Secretary of the Interior, Miguel Ángel Osorio Chong.- Signature . 126 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending and adding various provisions of the General Law on Ecological Balance and Environmental Protection and the General Law on Wildlife. Published in the Official Gazette of the Federation on January 9, 2015 First Article.- The second paragraph of article 87 Bis 2 of the General Law of Balance is reformed Ecological and Environmental Protection, to be as follows: ……… Transient First. This Decree shall enter into force one hundred and eighty calendar days after its publication in the Official Gazette of the Federation. Second. The circuses will immediately present to the Ministry of the Environment and Natural Resources a database that includes the number and characteristics of the specimens of wildlife they possess. These databases will be made available to the country's zoos so that they are able to select the specimens that are likely to be integrated into their collections. The wildlife specimens included in the databases referred to in the preceding paragraph that are not selected by the zoos, may be delivered by their owners to the Centers for the Conservation and Research of Wildlife belonging to the Ministry of the Environment. Environment and Natural Resources so that they do not imply expenses for the maintenance of animals that can no longer be used in their work centers. Third. The Legislatures of the States and the Legislative Assembly of the Federal District, within the scope of their respective powers, must adapt their legislation to comply with this Decree within a period not exceeding one hundred and eighty calendar days after its publication in the Official Journal of the Federation. Fourth. All those provisions that contravene this Decree are repealed. Mexico City, December 11, 2014.- Sen. Miguel Barbosa Huerta, President.- Dip. Silvano Aureoles Conejo, President.- Sen. Lucero Saldaña Pérez, Secretary.- Dip. Fernando Bribiesca Sahagún, Secretary.- Signatures." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District , January 8, two thousand and fifteen.- Enrique Peña Nieto.- Signature.- The Secretary of the Interior, Miguel Ángel Osorio Chong.- Signature . 127 of 128 Machine Translated by Google GENERAL LAW OF ECOLOGICAL BALANCE AND ENVIRONMENTAL PROTECTION CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION Last Renovation DOF 05-13-2016 General Secretary Secretariat for Parliamentary Services DECREE amending the first paragraph of article 39 of the General Law of Ecological Balance and Environmental Protection. Published in the Official Gazette of the Federation on May 13, 2016 Single Article.- The first paragraph of article 39 of the General Law of Balance is reformed Ecological and Environmental Protection, to be as follows: ……… Transient Sole.- This Decree shall enter into force the day after its publication in the Official Gazette of the Federation. Mexico City, April 14, 2016.- Sen. Robert Gil Zuarth, President.- Deputy. Jose de Jesus Zambrano Grijalva, President.- Sen. Hilda Esthela Flowers Stairs, Secretary.- Dip. Ramon Bañales Arambula, Secretary.- Rubrics." In compliance with the provisions of section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, at eleven May two thousand and sixteen.- Enrique Peña Nieto.- Signature.- The Secretary of the Interior, Miguel Ángel Osorio Chong.- Signature . 128 of 128