Claudia Salazar and Martha Martínez / Reforma Agency
Tuesday, April 25, 2023 | 21:27
The plenary session of the Chamber of Deputies approved reforms to guarantee the Army the eternal management of the Mayan Train and that the Government grant assignments to parastatals, in the use of all the country’s railways and at cheaper prices than the concessions.
With the waiver of procedures, the deputy of Morena Pablo Amílcar Sandoval presented a reform initiative that surprised the plenary, with a reform to the laws of General Communication Routes, Regulatory of the Railway Service and Federal of Parastatal Entities, where it is created and regulates the figure of allocation for the railway service, which will benefit the Sedena in the operation of the Mayan Train.
The albazo, in the final stretch of the regular session, was approved in general and in particular with 264 votes in favor and 216 against, including the deputy of Morena Inés Parra. He was turned over to the Senate.
In the Law of General Ways of Communication the figure of “assignments” is created.
The reform to the Regulatory Law of the Railway Service provides for eternity to the allocation figure.
“The assignment title in favor of parastatal entities will be valid indefinitely. Once said assignment is granted, it may not be assigned or transferred under any title; it may only conclude when it is irrefutably proven that there is no public utility or interest, general interest, social interest, or reasons of national security that justify it”, indicates the reform approved by the plenary by Morena and allies.
In the Federal Law of Parastatal Entities, an article 59 Bis is added, to establish that the federal Executive can directly assign to parastatal entities the provision of public services.
This allocation may be given for the use, exploitation and exploitation of assets subject to the public domain regime of the Federation, for reasons of public utility and interest, general interest, social interest or national security, when it does not contravene its corporate purpose.
When the law on the matter does not specifically regulate the allocation for the provision of services, it will be governed, where appropriate, by the same provisions that apply to concessions, indicated in the reform.
“The title of allocation of provision of public services, as well as the use and exploitation of assets subject to the regime of public domain of the Federation in favor of parastatal entities will have an indefinite validity”, it is reiterated to allow the eternal operation of the Mayan Train to the military.
“In no case may the assignment be assigned or transferred to individuals; it may only be modified or canceled when the extinction of the causes of public utility and interest, general interest, social interest, or national security that gave rise to it is reliably accredited.” adds.
The deputy of Morena, Pablo Amílcar Sandoval said in a forum that the railway matter is a priority for national development.
“It is essential that the State exercise its stewardship and protect national security and sovereignty with respect to its operation.
“Because it is a priority economic activity, the State must have access to the allocations provided for in the Regulatory Law of the Railway Service,” he justified to create said figure of railway allocations.
In the text of the initiative, it is indicated that it seeks to obtain “long-term” certainty and legal certainty in the Constitution for parastatal entities.
It adds that it is sought that with the assignment there is no excessive economic remuneration, understood as a social object, because unlike a private company, where profit is sought (concession with the object of a benefit or gain). “It is sought that people have access to the use of railways at a fair price.”
PAN deputy José Antonio García García mentioned that the reform seeks to open the way and clear the way so that, with such opacity, the government can operate and manage the Mayan Train without any problem.
“That is a reality, well, of course, it still does not exist and it is only there, and it is only in the mind of the President.
“The rush of those who have a majority in this room should address the issue of insecurity experienced by the Mexican railway system, which will leave millions in losses and serious damage to the citizenry and not seek, I reiterate, opacity with the management of the Train Maya,” said the PAN legislator.
He added that the reform violates competition law in the process of use, exploitation and exploitation of rail services.
The PRI member Eduardo Zarzosa accused that the reform does not have the consensus of the industry or of the people involved in the railway sector.
“We do not know if the impact it may have is technically feasible and to what extent it may affect the country’s industry.
“Let’s remember that the railway infrastructure is one of the historical bases of Mexican industry and commerce. The almost 24 thousand kilometers of operated tracks are part of the general transportation system that maintains the flow of the country’s economy and is part of hundreds of value chains,” he cited.
