The Ministry of Economy (SE) announced on Thursday that, as part of the actions to guarantee legal certainty and combat corruption in the application of the Mexican Official Standards (NOM) , for the first time it temporarily suspended the authorization of Mexicana de Acreditación (MAAC) , an entity that operated by issuing accreditations in favor of organizations that evaluate the conformity of NOM, for failing to comply with the Quality Infrastructure Law.

In a statement, the SE explained that the staff of the General Directorate of Standards carried out surveillance visits to accreditation entities, with the aim of verifying compliance with their obligations, derived from the Law on Quality Infrastructure and other applicable legal provisions.

During this inspection, the federal agency found that MAAC, which began operations in 2020, was failing to comply with the conditions and terms under which it was authorized to operate.

He also pointed out that the suspension is intended to ensure that the accreditation activities and services of the Conformity Assessment Bodies that carry out specific activities to assess the conformity of NOM, standards or International Norms, are carried out in strict compliance with the current legal framework and to provide legal certainty to the users and members of the National Quality Infrastructure System.

“An accreditation process that is not carried out correctly and in accordance with applicable regulations may compromise the evaluation of compliance with the NOMs and, consequently, affect the quality and safety of the products, goods, processes and services regulated by said standards,” the statement reads.

In this regard, the SE reaffirmed its commitment to protecting the public interest and strengthening the National Quality Infrastructure System, to ensure that all accredited organizations operate under the highest standards of quality and compliance with the regulatory framework, avoiding acts of corruption.

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The publication of the Mexican Official Standard NOM-043-SCT-SEMAR-ARTF-2023 in the Official Gazette of the Federation will bring changes to procedures related to the transportation of hazardous materials, impacting the transportation sector in the country.

The Ministry of Infrastructure, Communications, and Transport (SICT), in collaboration with the Ministry of the Navy (Semar), the Regulatory Agency for Rail Transport (ARTF), and the Federal Civil Aviation Agency (AFAC), has announced the promulgation of NOM-043-SCT-SEMAR-ARTF-2023. The aim of this new regulation is to enhance safety and standardize procedures related to the transportation of hazardous materials.

This regulation sets out the guidelines that transportation documents must follow to ensure the proper identification and handling of hazardous materials.

The update to this standard, which replaces NOM-043-SCT/2003, aligns with the 22nd edition of the United Nations Model Regulations. Additionally, it seeks to improve safety on federal transportation routes and facilitate international trade by standardizing processes and requirements with other countries, as explained by the NOM.

In this regard, the drafting process included a public consultation open from September 7, 2022, during which stakeholders could submit their comments. These were analyzed and discussed by the National Advisory Committee on Land Transport Standardization, culminating in the approval of the final version of the regulation.

NOM-043-SCT-SEMAR-ARTF-2023 is mandatory for all shippers, carriers, and recipients handling hazardous goods in Mexico.

Carlos Vallejo, founding partner of QUA Energy Consulting, commented that this NOM “will regulate the document that identifies what is being transported, how it is transported, where it is being transported, and the characteristics of the hazardous substance or material being moved by land, sea, and air. It will create uniformity in the type of document expected to be received by the carrier, providing certainty about what is being transported.”

There is a 180-day implementation period for the standard, with effective application by the end of this year.

Carlos Vallejo highlighted the benefits this will bring to carriers, who will have peace of mind and certainty that the party requesting the transport has declared the nature of the hazardous substance or waste in detail.

“This means the carrier is not responsible for filling out the form; the responsibility lies with the party requesting the service. This change provides more clarity and security in operations, as carriers often acted in good faith without knowing exactly what they were transporting,” Vallejo indicated.

The founding partner of QUA Energy also emphasized the importance of this standard for environmental safety, allowing for a more complete identification of hazardous substances’ characteristics, the correct type of packaging, and the identification of containers, which enhances the safety of the carrier’s operation and the users of the transport routes.

“In case of an accident, this precise identification allows for proper emergency handling, avoiding greater risks due to the lack of declaration of the transported product’s hazards,” said Vallejo.

This standard also has implications for the authorities, especially in managing air cargo at Mexico City International Airport (AICM) and Felipe Ángeles International Airport (AIFA).

Furthermore, the rail sector also participated in drafting the document, which will have customs implications due to dynamic trade with the United States, particularly at the borders of Nuevo Laredo and Ciudad Juárez.

Vallejo highlighted that this standard will benefit the transportation sector and the users of transport networks, and is also a necessary step to align with international standards and facilitate nearshoring. Additionally, cargo transport is also covered in terms of the insurance required by these standards for accident coverage.

For Vallejo, this update is seen as a necessary improvement for the dynamism of border transport after nearly 10 years. He also emphasized the importance of paying attention to its implementation and enforcement by new authorities following the elections.

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