mexico, support for the development and uptake of - Unido

I.2.- NATIONAL REGULATORY AND ADMINISTRATIVE FRAMEWORK FOR
CDM
This section describes the legal and institutional framework relevant to CDM project development.
Special attention is given to the energy sector, in view of its importance to CDM in the Country.
Some considerations are added in relation to industry, environment, fiscal incentives, foreign
investment and international agreements.
I.2.1.- APPLICABLE CONSTITUTIONAL AND OTHER REGULATIONS
The system of regulations for energy, industry, environment and natural resources in Mexico is a
complex one. Several articles of the Constitution, Federal Laws, regulations and decrees direct and
regulate the national activities related to those matters. All of those instruments are oriented by
three main constitutional guidelines:
• Preservation of natural resources susceptible to appropriation;
• Prevention and control of pollution affecting human health, and
• Stewardship of the environment in front of its productive use by the governmental, social
and private sectors.
The Constitution
The Mexican Constitution is the Supreme Law of the Nation. The International treaties ratified by
the Senate are also Supreme Law, if they do not contradict the Constitution.
The Constitutional articles relevant to the purpose of this report are:
• Article 4, contains the principles of “right to health protection” and “right to a healthy
environment”.
• Article 25, rules the strategic activities reserved exclusively to the Nation and the basis for
sustainable development.
• Article 26, establishes the National Development Plan, mandatory for the six-year
presidential term with its derived Sectoral Plans.
• Article 27, prescribes the “Direct Domain of the Nation over natural resources” and the
authority to regulate the exploitation and use of the natural wealth for the benefit of society.
Also, establishes the State’s domain over national water and natural resources, allowing the
exploitation through “concessions” provided by the State.
• Article 28, legislate the strategic activities reserved exclusively for the Nation in relation to
electricity, hydrocarbons and nuclear energy.
• Article 73, gives power to the legislative to enact laws for the protection of the
environment, and the concurrency of the Federal, the State and Municipal Governments for
environmental protection, preservation and restoration of the ecological balance.
• Article 90, defines the functions and powers of the Ministries (Secretariats) of the Federal
Government,
• Article 115, legislates the powers of Municipal authorities on environmental matters.
At a lower hierarchy, Federal Laws 68 (approved by the legislative) regulate and define the scope of
the Constitutional prescriptions. The Government provides rules for the application of the Federal
Laws (mandatory Regulations), and more detailed Executive Decrees. Regulations or Decrees
67
67 Constitución Política de los Estados Unidos Mexicanos
68
“Leyes Federales vigentes”, Junio 2005. Contains updated texts of all Federal Laws:
http://www.cddhcu.gob.mx/leyinfo/
Chapter I, UNIDO-AUSTRIA 46