III. Institutional arrangements to implement the Convention 3.1 Mexican governmental policy To learn how the country is organized to respond to the global climate change problem, it is necessary to make reference to the structure of the Government of the United States of Mexico. Mexico is a representative, federal and democratic Republic with three powers of governance: Executive, Legislative and Judicial, in accordance with the provisions of the Constitution of the United Mexican States. Executive Power is exercised by the President of the Republic who, in compliance with the provisions of Article 26 of the Constitution, has the obligation to organize “a democratic system of national development planning to imprint strength, dynamism, perseverance and equity to the growth of the economy”, through a National Development Plan (Plan Nacional de Desarrollo, PND), to which the programs of the Federal Public Administration (Administración Pública Federal, APF) will be mandatorily subjected. The PND sets out national objectives, strategies and priorities that should govern the actions of government, carried out by the State Ministries1 through their Sectoral 1 The State Ministries are responsible for a branch of the Federal Public Administration. The Ministries that make up the Cabinet of the President of the Republic, as at November 2009, are as follows: Interior; Foreign Affairs; Defense; Naval; Public Security; Finance and Public Credit; Social Development; Environment and Natural Resour- Programs (Programas Sectoriales, PS). The PND 2007-2012 takes as its basic premise the pursuit of Sustainable Human Development, and incorporates criteria of environmental impact and risk, efficient and rational use of natural resources and, for the first time, explicitly includes the issue of climate change, with two specific objectives and their respective strategies (PND 2007-2012) (Table III.1). The Sectoral Programs (2007-2012)2 of seven Federal Government Ministries have included actions to address climate change, comprising a total of 17 goals and 39 strategies (Table III.2). 3.2 Coordination of crosscutting public policy actions on environmental issues The PND 2007-2012 establishes cross- cutting actions designed to improve and consolidate interinstitutional coordination and cross-sectoral integration in its public policies. In environmental matters, this function correces; Energy; Economy; Agriculture, Livestock, Rural Development, Fisheries and Food; Communications and Transport; Public Function; Public Education; Health, Work and Social Welfare; Agrarian Reform, and Tourism. 2 Sectoral programs are available on the website: http://www.presidencia.gob.mx/progsectoriales. 105 Table III.1. Objectives and strategies of the PND 2007-2012, in terms of climate change. Objective Objective 10: Reduce Greenhouse Gas Emissions Objective 11: Promote measures of adaptation to the effects of climate change. Strategy Strategy 10.1 Promote efficiency and clean technologies (including renewable energy) for power generation. Strategy 10.2 Promote the efficient use of energy in the domestic, industrial, agricultural and transportation spheres. Strategy 10.3 Promote the adoption of international standards for vehicle emissions. Strategy 11.1 Promote the inclusion of aspects of climate change adaptation in the planning and work of the various sectors of society. Strategy 11.2 Develop the regional climate scenarios of Mexico. Strategy 11.3 Assess the impacts, vulnerability and adaptation to climate change in different socio-economic sectors and ecological systems. Strategy 11.4 Promote the dissemination of information on impacts, vulnerability and adaptation to climate change. Source: Prepared using data from the PND 2007-2012. Table III.2. Objectives and strategies in the face of climate change included in some sectoral programs. State Ministry Agriculture, Livestock, Rural Development, Fisheries and Food Communications and Transport Social Development Energy Environment and Natural Resources Health Tourism Total 1 Objectives Strategies 4 2 3 --1 10 1 2 25 1 2 17 1 3 39 Source: Data provided by Sectoral Programs. sponds to the Ministry of Environment and Natural Resources (Secretaría de Medio Ambiente y Recursos Naturales, SEMARNAT 2008; PND 2007-2012). SEMARNAT has three Undersecretaries: Planning and Environmental Policy, Public Works and Environmental Regulation, and Management for Environmental Protection. For climate change issues, the Under Secretary for Planning and Environmental Policy includes 106 Fourth National Communication of Mexico the General Direction for Climate Change Projects and the General Direction for Climate Change Policy.3 Also within this Ministry there is a Coordinating Unit of International Affairs (Unidad Coordinadora de Asuntos Internacionales, UCAI), with an office for Climate Change, and the Education and Training Center for Sustainable Development (Centro de Educación y Capacitación para el Desarrollo Sustentable, CECADESU) (Figure III.1) (SEMARNAT 2009a). The CECADESU is the Unit of SEMARNAT that coordinates with the responsible agencies and entities of the APF, the design, development and supervision of environmental education programs and training for sustainable development. It collaborates with the Ministry of Public Education to establish and strengthen environmental education programs, including of climate change, in various levels and types of the National Educational System. UCAI is the formal conduit of the Ministry for coordinating the international aspects of programs, activities, events and forums, and controls the management of all international activities of the Ministry. It is also respon3 http://www.semarnat.gob.mx/queessemarnat/Documents/organigrama/400%20SSPPA.pdf. Figure III.1. Areas concerned with the issue of climate change in the central offices of SEMARNAT. SEMARNAT Under Secretary of Planning and Environmental Policy Coordinating Unit for International Affairs Associated General Direction for International Cooperation General Directorate of Climate Change Policy Associated General Direction of Climate Change Policy Direction of Climate Change Policy Adaptation Center of Education and Training for Sustainable Development Associated General Direction of Climate Change Projects Direction of Climate Change Sub-direction of Climate Change Projects Subdirection of Climate Change Direction of Climate Change Mitigation Policies Department of International Analysis of Climate Change Source: Prepared with information from SEMARNAT, 2009c. sible for signing environmental agreements with foreign and international organizations, through the Ministry of Foreign Affairs (SEMARNAT 2009a). SEMARNAT is supported by the Federal Delegations and the following delegated bodies: National Water Commission (Comisión Nacional del Agua, CONAGUA); National Institute of Ecology (Instituto Nacional de Ecología, INE); Federal Attorney for Environmental Protection (Procuraduría Federal de Protección al Ambiente, PROFEPA); and National Commission of Protected Natural Areas (Comisión Nacional de Áreas Naturales Protegidas, CONANP); as well as the decentralized bodies: Mexican Institute of Water Technology (Instituto Mexicano de Tecnología del Agua, IMTA) and the National Forestry Commission (Comisión Nacional Forestal, CONAFOR), and an interministerial body, the National Commission for the Knowledge and Use of Biodiversity (Comisión nacional para el Conocimiento y Uso de la Biodiversidad, CONABIO). 3.3 Interministerial Commission on Climate Change In 2005, the Mexican government created the Interministerial Commission on Climate Change (Comisión Intersecretarial de Cambio Climático, CICC) as a federal body responsible for formulating public policies and crosscutting strategies for the prevention and mitigation of Greenhouse Gas (GHG) emissions, adaptation to the adverse effects of climate change and generally to develop programs and strategies for climate action, as well as those related to compliance with the commitments made by Mexico to the United Nations Framework Convention on Climate Change (UNFCCC) and other derived instruments, particularly the Kyoto Protocol. The ICCC is composed of the heads of the Ministries of Environment and Natural Resources (SEMARNAT); Agriculture, Livestock, Rural Development, Fisheries and Food (Secretaría de Agricultura, Ganadería, Desarrollo Rural, Pesca y Alimentación, SAGARPA); Communications Institutional arrangements to implement the Convention 107 and Transport (Secretaría de Comunicaciones y Transportes, SCT); Economy (Secretaría de Economía, SE); Social Development (Secretaría de Desarrollo Social, SEDESOL ); Energy (Secretaría de Energía, SENER); Interior (Secretaría de Gobernación, SEGOB) Foreign Affairs (Secretaría de Relaciones Exteriores, SRE), Finance and Public Credit (Secretaría de Hacienda y Crédito Público, SHCP) and the Ministry of Health (Secretaría de Salud, SS) and, as permanent members, the Ministry of Tourism (Secretaría de Turismo, SECTUR) and the National Institute of Statistics and Geography (Instituto Nacional de Estadística y Geografía, INEGI). Other Ministries or federal agencies participate in certain of its Working Groups (Figure III.2) (SEMARNAT, 2009b). Among the main functions of the ICCC (Article III of its Agreement) are: • To act as the Designated National Authority for pur- • To formulate and submit, for the consideration of the on the progress of Mexico in this area [Fractions XII and XIII] (SEMARNAT 2009b). President of the Republic, national policies and strategies on climate change, for incorporation into the relevant sectoral programs and actions [fraction I]. • To promote and coordinate the implementation of national strategies for climate action in the respective areas of responsibility of the federal agencies [Fraction II]. • To promote the implementation and updating of actions necessary to meet the goals and commitments of the UNFCCC [Fraction III]. • • • • poses related to the Clean Development Mechanism (CDM) of the Kyoto Protocol [Fraction IV]. To formulate the adopted national positions in relevant international forums and organizations [Fraction V]. To review design documents and projects to reduce and capture GHG emissions and to issue approval letters for developers who wish to obtain registration with the CDM of the Kyoto Protocol [Fraction VII]. To promote within the private and social sectors, as well as the responsible bodies of the three levels of governance, the development and registration of projects to reduce and capture emissions [Fraction X]. To organize information regarding climate action and to disseminate this information at the national level, including the production of an annual public report The head of SEMARNAT is permanently in charge of the Presidency of the ICCC, the deputy chairman is the Under Secretary of Planning and Environmental Policy of this Ministry, who is also responsible for the Technical Secretariat of the Commission, through its Deputy General Directorate of Climate Change Projects. To perform its functions, the ICCC has the following working groups (SEMARNAT, 2009b): Figure III.2. Interministerial Commission on Climate Change. SEMARNAT C4 CCDS Expert Opinion Social Participation Presidency and Technical Secretariat Liaison SAGARPA SALUD SCT SE SEDESOL SEDESOL SHCP SENER SRE Permanent members SECTUR GTPEEC GTADAPT Source: Modified from SEMARNAT, 2009. 108 Fourth National Communication of Mexico INEGI GT INT COMEGEI Liaison Legislature CONAGO • Working Group for the Special Climate Change Program (Grupo de Trabajo para el Programa Especial de Cambio Climático, GT-PECC), coordinated by the Under Secretary of Planning and Environmental Policy of SEMARNAT, which gathers information for the annual ICCC public reports of climate action. This group coordinated the formulation of the National Strategy on Climate Change (Estrategia Nacional de Cambio Climático, ENACC), published in 2007. Based on the ENACC, the Special Climate Change Program (Programa Especial de Cambio Climático, PECC) 2009-2012, was produced. To support the development of the PECC, several studies were conducted, most notably, “The Economics of Climate Change in Mexico” (“La economía del cambio climático en México”) (SEMARNAT, SHCP, 2009); “Climate change in Mexico and the potential for sectoral emission reduction” (“El cambio climatico en México y el potencial de reducción de emisiones por sectores”), (Quadri, 2008); “Low-Carbon Growth, a potential path for Mexico”, (CMM McKinsey, 2008); and “Low-carbon development for Mexico”, (World Bank 2009). • Mexican Committee for Projects to Reduce Emissions and Capture Greenhouse Gases (Comité Mexicano para Proyectos de Reducción de Emisiones y de Captura de Gases de Efecto Invernadero, COMEGEI), coordinated by the Associated General Direction for Climate Change Projects, is responsible for promoting, disseminating and evaluating projects for the Clean Development Mechanism (CDM, planned in Article 12 of the Kyoto Protocol). • Working Group on International Affairs (Grupo de Trabajo sobre Asuntos Internacionales, GT-INT), coordinated by the Ministry of Foreign Affairs, promotes interministerial harmonization to define Mexico’s position in international forums, particularly in the Conferences of the Parties to the UNFCCC, in the Meeting of Parties to the Kyoto Protocol, and in meetings of the Subsidiary Bodies of the UNFCCC. • Working Group on Adaptation Policies and Strategies (Grupo de Trabajo sobre Políticas y Estrategias de Adaptación, GT-ADAPT), coordi- nated by INE and composed of the nine Ministerial members of the ICCC, and the Ministries of Tourism and the Interior through the General Coordination of Civil Protection and the National Center for Disaster Prevention (Centro Nacional de Prevención de Desastres, CENAPRED). Based on Article 10 of the Agreement which gave rise to the Commission, a Climate Change Advisory Council (C4) was created as a permanent consultative body of the ICCC. The C4 monitors the work of the Commission and makes recommendations that lead to improvements or strengthening of its actions. This consists of 24 specialists from the academic, social and private sectors, and is chaired by Dr. Mario Molina Pasquel, winner of the Nobel Prize for Chemistry 1995 (SEMARNAT, 2009b). 3.4 National Energy Council The National Energy Council has, as its principal task, to propose the criteria and elements of energy policy to SENER and to participate in the production of the National Energy Strategy. Its establishment was published in the Official Gazette of the Federation (Diario Oficial de la Federación, DOF) in November 2008, as an amendment to article 33 of the Organic Law of the Federal Public Administration. The National Energy Council has a consultative forum in which participate, depending on the issues under consideration, representatives of federal and state legislatures, local authorities, public institutions of higher education and scientific research and the social and private sectors, to contribute to the performance of the planning tasks that fall to the Council, and to promote citizen participation. The Council is made up of the Chair and the Undersecretaries of Energy Planning and Technological, Hydrocarbon and Electricity Development, as well as the Head of SENER, the President of the National Hydrocarbon Commission, the Chairman of the Energy Regulatory Commission (Comisión Reguladora de Energía, CRE) and the Directors-General of: the National Institutional arrangements to implement the Convention 109 Figure III.3. Structure of the Coordination of the Climate Change Program of the National Institute of Ecology. Coordination of the Climate Change Program Direction of the Climate Change Research Sub direction of Methods and Studies for the Mitigation of Climate Change in the Agriculture, Livestock and Forestry Sectors Sub direction of Methods and Studies for the Mitigation of Climate Change in the Energy Sector Department of Methods and Studies of Mitigation in the Forestry Sector Department of Methods and Studies of Mitigation in issues of Energy and Industry Department of Production and Monitoring of National Communications Department of Methods and Studies of Mitigation in the Field of Development of Inventories of Greenhouse Gas Emissions Department of Information Dissemination on Climate Change Department of Quality Control of the Information of National Inventories of Greenhouse Gas Emissions Commission for Energy Efficiency (Comisión Nacional para el Uso Eficiente de la Energía, CONUEE before CONAE), the National Commission for Nuclear Security and Safety, Mexican Petroleum (Petroleos Mexicanos, PEMEX), the Federal Electricity Commission (Comisión Federal de Electricidad, CFE ), the Mexican Petroleum Institute (Instituto Mexicano del Petróleo, IMP), the National Institute for Nuclear Research (Instituto Nacional de Investigaciones Nucleares, ININ), the Electric Research Institute (Instituto de Investigaciones Eléctricas, IIE) and the National Water Commission (Comisión Nacional del Agua, CONAGUA) (SENER, 2009a). 3.5 Advisory Council for Sustainable Energy Use This Council is a consultative body of the CONUEE, which aims to assess the fulfillment of the objectives, strategies, actions and targets established in the National Program for Sustainable Use of Energy, which is being 110 Subdirection of Studies on the Vulnerability and Adaptation to Climate Change and Local and Global Co-beneficiaries Fourth National Communication of Mexico Department of Evaluation Studies on the Vulnerability and Options of Adaptation to Climate Change and Local and Global Co-beneficiaries Department of Studies on the Options of Mitigation and Adaptation to Climate Change and Local and Global Co-beneficiaries y Cobeneficios Locales y Globales Departamento de Estudios sobre Impactos Department of Studies on Socioeconomic Impacts of Climate Change produced by SENER, through the CONUEE, and will be a Special Program in terms of the Planning Law.4 The main functions of the Council include the proposal of mechanisms for planning, developing and implementing energy efficiency programs and the promotion of participation and linking civil society and private sector organizations, academic and public sector institutions, as well as the general population, in the application of programs for sustainable use of energy. As stipulated in the Law for Sustainable Use of Energy, (Ley para el Aprovechamiento Sustentable de la Energía, LASE, see Section 5.1.2), the Council is chaired by the Head of the Ministry of Energy, and is composed of six academic researchers, members of the National System of Researchers of the National Council for Science and Technology (Consejo Nacional de Ciencia y Tecnología, CONACYT), designated by the Ministry of Energy, on the proposal of CONUEE. This Council was established in October 2009 (SENER 2009b). 4 www.diputados.gob.mx/LeyesBiblio/doc/59.doc. Consulted October 26, 2009. 3.6 Advisory Council for Renewable Energies In October 2009 the Advisory Council for Renewable Energies was established. It has as its main task to deliver expert opinions to SENER on the issues of renewable energy, including those that are embodied in the Special Program for the Use of Renewable Energies, and to support the Ministry of Energy in the design of public policies that promote the participation of people and sectors involved in this field, with the objective of formulating and implementing measures to promote energy transition. According to the Law for the Use of Renewable Energy and Energy Transition Funding (see Section 5.1.2) there are 14 members that make up the Consultative Council, a representative of SEMARNAT, SE, SHCP and SAGARPA; as well as a representative from each of the CRE, CONUEE, CFE and various representatives of the nation´s energy sector. Essentially, these are the leaders in this field and those who have carried out the work and studies in our country, in the Associations and in the Energy Research Center of the National Autonomous University of Mexico. 3.7 Elaboration of National Communications INE-SEMARNAT has, as part of its functions, to contribute to fulfilling the commitments made by Mexico to the UNFCCC and to the international community. Through the Coordination of the Program of Climate Change (Coordinación del programa de Cambio Climático, CPCC) (Figure III.3), it is responsible for periodically updating the National Inventory of Emissions of Greenhouse Gases (Inventario Nacional de Emisiones de gases de Efecto Invernadero, INEGEI); conducting studies for the mitigation of GHG emissions; evaluation of vulnerability and options for adaptation to climate change; developing GHG emissions scenarios; conducting studies on cobenefits of mitigation of GHG emissions, and coordinating the production of national communications to the UNFCCC. The national communications are produced with the participation of various research centers and of higher education, public and private institutions of the country; various government agencies as well as nongovernmental organizations (NGOs) and the private sector. Since the first communication, there has been a continuous process of increase and strengthening of the institutional and technical capacities needed for development. Some of the scientists and technicians who collaborate in this process were also involved in working groups of the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) in 2007. References Banco Mundial 2009. México; Low Carbon Development for Mexico. Johnson, Todd, Claudio Alatorre, Zayra Romo y Feng Liu. World Bank, Washington, D.C. CMM-McKinsey 2008. Crecimiento de bajo carbono. Una ruta potencial para México (Low Carbon Growth: a potential Path for Mexico). United Kingdom. Constitución Política de los Estados Unidos Mexicanos. 2009 (original 1917). Last reforma available in en: http://www. diputados.gob.mx/LeyesBiblio/ref/cpeum.htm. Diario Oficial de la Federación (DOF). 2005. ACUERDO por el que se crea con carácter permanente la Comisión Intersecretarial de Cambio Climático. Monday 25th April. Available in: http://www.semarnat.gob.mx/queessemarnat/politica_ambiental/cambioclimatico/Documents/ CICC/050425%20DOF%20Acuerdo.crea.CICC.pdf. Presidencia de la República. 2007. Plan Nacional de Desarrollo 2007-2012. Mexico. Available in: http://pnd.calderon. presidencia.gob.mx. Quadri, G. 2008. El cambio climático en México y potencial de emisiones por sectores. Mexico. SEMARNAT. 2008. Logros de la Instrumentación de la Estrategia de Transversalidad de Políticas Públicas para el Desarrollo Sustentable en la Administración Pública Federal (APF) en 2008, Mexico D.F. 55 pp. ———. 2009a. Oficina del C. Subsecretario de Planeación. Available in: http://www.semarnat.gob.mx/queessemarnat/Documents/organigrama/400%20SSPPA.pdf. Institutional arrangements to implement the Convention 111 ———. 2009b. Comisión Intersecretarial de Cambio Climático. Available in: http://www.semarnat.gob.mx/ queessemarnat/politica_ambiental/cambioclimatico/ Pages/cicc.aspx. ———. 2009c. http://www.semarnat.gob.mx/queessemarnat/Pages/estructuraorganica.aspx. 112 Fourth National Communication of Mexico SENER. 2009a. Tercer informe de labores. Secretaría de Energía, Mexico. ———. 2009b. http://www.conuee.gob.mx/wb/CONAE/ instalacion.