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Art.8 |
Article 8: The Commission |
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Art.8.1 |
1. The Parties hereby establish the Commission for Environmental Cooperation. |
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Art.8.2 |
2. The Commission shall comprise a Council, a Secretariat and a Joint Public Advisory Committee. |
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Sect.A |
Section A: The Council |
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Art.11 |
Article 11: Secretariat Structure and Procedures |
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Art.11.1 |
1. The Secretariat shall be headed by an Executive Director, who shall be chosen by the Council for a three-year term, which may be renewed by the Council for one additional three- year term. The position of Executive Director shall rotate consecutively between nationals of each Party. The Council may remove the Executive Director solely for cause. |
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Art.11.2 |
2. The Executive Director shall appoint and supervise the staff of the Secretariat, regulate their powers and duties and fix their remuneration in accordance with general standards to be established by the Council. The general standards shall provide that: |
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Art.11.2.a |
(a) staff shall be appointed and retained, and their conditions of employment shall be determined, strictly on the basis of efficiency, competence and integrity; |
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Art.11.2.b |
(b) in appointing staff, the Executive Director shall take into account lists of candidates prepared by the Parties and by the Joint Public Advisory Committee; |
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Art.11.2.c |
(c) due regard shall be paid to the importance of recruiting an equitable proportion of the professional staff from among the nationals of each Party; and |
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Art.11.2.d |
(d) the Executive Director shall inform the Council of all appointments. |
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Art.11.3 |
3. The Council may decide, by a two-thirds vote, to reject any appointment that does not meet the general standards. Any such decision shall be made and held in confidence. |
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Art.11.4 |
4. In the performance of their duties, the Executive Director and the staff shall not seek or receive instructions from any government or any other authority external to the Council. Each Party shall respect the international character of the responsibilities of the Executive Director and the staff and shall not seek to influence them in the discharge of their responsibilities. |
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Art.11.5 |
5. The Secretariat shall provide technical, administrative and operational support to the Council and to committees and groups established by the Council, and such other support as the Council may direct. |
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Art.11.6 |
6. The Executive Director shall submit for the approval of the Council the annual program and budget of the Commission, including provision for proposed cooperative activities and for the Secretariat to respond to contingencies. |
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Art.11.7 |
7. The Secretariat shall, as appropriate, provide the Parties and the public information on where they may receive technical advice and expertise with respect to environmental matters. |
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Art.11.8 |
8. The Secretariat shall safeguard: |
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Art.11.8.a |
(a) from disclosure information it receives that could identify a non-governmental organization or person making a submission if the person or organization so requests or the Secretariat otherwise considers it appropriate; and |
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Art.11.8.b |
(b) from public disclosure any information it receives from any non-governmental organization or person where the information is designated by that non-governmental organization or person as confidential or proprietary. |
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Art.44 |
Article 44: Privileges and Immunities |
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Art.44.1x |
The Executive Director and staff of the Secretariat shall enjoy in the territory of each Party such privileges and immunities as are necessary for the exercise of their functions. |
