In a move aimed at enhancing environmental protection and regulating the import and export of hazardous substances, Mexico has amended its regulatory framework for the Control of Pesticides, Fertilizers, and Toxic Substances (CICOPLAFEST). These amendments, published in the Official Gazette of the Federation on March 14, 2024, came into effect 30 days after the publication and represent a significant change in Mexico's environmental regulatory landscape.

The revised agreement introduces several modifications and additions to various articles and annexes, notably impacting the classification, verification, and exportation procedures for substances falling under CICOPLAFEST. Below are the key highlights of the amendments:

1. Updated Definitions:

• The inclusion of the acronym for PROFEPA (Federal Attorney for Environmental Protection) broadens the range of regulatory entities involved in overseeing environmental compliance.

• The refinement of the "Regulation" description now includes references to the "Verification Registry," in addition to existing authorization and permit requirements, reflecting a more comprehensive regulatory approach.

2. Enhanced Verification Requirements:

• Addition of the mandate for verification and compliance with the PROFEPA verification registry for goods listed in Annex I underscores the government's commitment to ensuring adherence to environmental standards at entry and exit points.

• The requirement for attaching digital or electronic documentation to customs declarations streamlines verification processes and enhances transparency in regulatory compliance.

3. Goods Subject to Compliance with CICOPLAFEST:

• Annex I now incorporates a new homoclave system, introducing a standardized method for identifying substances subject to regulatory oversight.

• The classification of goods into distinct categories, including pesticides, toxic substances, and fertilizers, facilitates targeted regulatory measures tailored to specific environmental risks associated with each category.

4. Clarified Exportation Procedures

• Export procedures for substances outlined in Article Four, Annex II are clearly outlined, ensuring exporters are aware of their compliance obligations, minimizing regulatory ambiguities.

• Specific mention of goods not covered in Annex I underscores the necessity for export authorization, eliminating potential loopholes in oversight mechanisms.

These regulatory amendments represent a significant step forward in Mexico's efforts to strengthen environmental protection measures and promote sustainable development practices.

Stakeholders across affected industries are urged to familiarize themselves with the amended regulations and take proactive steps to ensure compliance within the stipulated timeframe.

On March 14, 2024, the "Agreement amending the previous one that establishes the goods whose import and export are subject to regulation by the agencies that make up the Intersecretarial Commission for the Control of the Process and Use of Pesticides, Fertilizers and Toxic Substances" was published in the Official Gazette of the Federation. This reform will come into force 30 calendar days after its publication. 

The main modifications and additions focus on articles Two and  Eight, and Annexes I and II, highlighting the following points: 

I. Definitions (Article Two): 

• The acronym for PROFEPA (Federal Attorney for Environmental Protection) is added. 

• The description of "Regulation" is modified to add the reference to the "Verification Registry," in addition to the authorization and permit already mentioned. 

II. Goods subject to verification (Article Eight): 

• The requirement of verification and compliance with PROFEFA's verification registry is added for goods listed in Annex I. 

• Interested parties in regulated goods must prove compliance at entry and exit points of the country, attaching the digital or electronic document to the customs declaration. 

III. Goods subject to compliance with CICOPLAFEST (Annex I): 

• The homoclave PROFEPA-03-004-D is added to Annex I for goods subject to compliance with the verification registry. 

• The number of tariff items included for each type of goods is specified, including pesticides, toxic substances, fertilizers, and plant nutrients. 

IV. Procedure for the export of substances mentioned in Article Four (Annex II): 

• It is clarified that goods not listed in Annex I, Section d), will be subject to export authorization. 

These modifications represent an important step in strengthening the regulation and control of pesticides, fertilizers, and toxic substances, thus ensuring environmental protection and public health in Mexico.