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Paragraphs in "North American Agreement On Environmental Cooperation" coded as SBF

Label Provision
Art.8 Article 8: The Commission
Art.8.1 1. The Parties hereby establish the Commission for Environmental Cooperation.
Art.8.2 2. The Commission shall comprise a Council, a Secretariat and a Joint Public Advisory Committee.
Sect.A Section A: The Council
Art.16 Article 16: Joint Public Advisory Committee
Art.16.1 1. The Joint Public Advisory Committee shall comprise 15 members, unless the Council otherwise decides. Each Party or, if the Party so decides, its National Advisory Committee convened under Article 17, shall appoint an equal number of members.
Art.16.2 2. The Council shall establish the rules of procedure for the Joint Public Advisory Committee, which shall choose its own chair.
Art.16.3 3. The Joint Public Advisory Committee shall convene at least once a year at the time of the regular session of the Council and at such other times as the Council, or the Committee's chair with the consent of a majority of its members, may decide.
Art.16.4 4. The Joint Public Advisory Committee may provide advice to the Council on any matter within the scope of this Agreement, including on any documents provided to it under paragraph 6, and on the implementation and further elaboration of this Agreement, and may perform such other functions as the Council may direct.
Art.16.5 5. The Joint Public Advisory Committee may provide relevant technical, scientific or other information to the Secretariat, including for purposes of developing a factual record under Article 15. The Secretariat shall forward to the Council copies of any such information.
Art.16.6 6. The Secretariat shall provide to the Joint Public Advisory Committee at the time they are submitted to the Council copies of the proposed annual program and budget of the Commission, the draft annual report, and any report the Secretariat prepares pursuant to Article 13.
Art.16.7 7. The Council may, by a two-thirds vote, make a factual record available to the Joint Public Advisory Committee.
Art.30 Article 30: Role of Experts
Art.30.1x On request of a disputing Party, or on its own initiative, the panel may seek information and technical advice from any person or body that it deems appropriate, provided that the disputing Parties so agree and subject to such terms and conditions as such Parties may agree.
Art.31 Article 31: Initial Report
Art.31.1 1. Unless the disputing Parties otherwise agree, the panel shall base its report on the submissions and arguments of the Parties and on any information before it pursuant to Article 30.
Art.31.2 2. Unless the disputing Parties otherwise agree, the panel shall, within 180 days after the last panelist is selected, present to the disputing Parties an initial report containing:
Art.31.2.a (a) findings of fact;
Art.31.2.b (b) its determination as to whether there has been a persistent pattern of failure by the Party complained against to effectively enforce its environmental law, or any other determination requested in the terms of reference; and
Art.31.2.c (c) in the event the panel makes an affirmative determination under subparagraph (b), its recommendations, if any, for the resolution of the dispute, which normally shall be that the Party complained against adopt and implement an action plan sufficient to remedy the pattern of non-enforcement.
Art.31.3 3. Panelists may furnish separate opinions on matters not unanimously agreed.
Art.31.4 4. A disputing party may submit written comments to the panel on its initial report within 30 days of presentation of the report.
Art.31.5 5. In such an event, and after considering such written comments, the panel, on its own initiative or on the request of any disputing Party, may:
Art.31.5.a (a) request the views of any participating Party;
Art.31.5.b (b) reconsider its report; and
Art.31.5.c (c) make any further examination that it considers appropriate.
Art.32 Article 32: Final Report
Art.32.1 1. The panel shall present to the disputing Parties a final report, including any separate opinions on matters not unanimously agreed, within 60 days of presentation of the initial report, unless the disputing Parties otherwise agree.
Art.32.2 2. The disputing Parties shall transmit to the Council the final report of the panel, as well as any written views that a disputing Party desires to be appended, on a confidential basis within 15 days after it is presented to them.
Art.32.3 3. The final report of the panel shall be published five days after it is transmitted to the Council.
Art.33 Article 33: Implementation of Final Report
Art.33.1x If, in its final report, a panel determines that there has been a persistent pattern of failure by the Party complained against to effectively enforce its environmental law, the disputing Parties may agree on a mutually satisfactory action plan, which normally shall conform with the determinations and recommendations of the panel. The disputing Parties shall promptly notify the Secretariat and the Council of any agreed resolution of the dispute.
Art.34 Article 34: Review of Implementation
Art.34.1 1. If, in its final report, a panel determines that there has been a persistent pattern of failure by the Party complained against to effectively enforce its environmental law, and:
Art.34.1.a (a) the disputing Parties have not agreed on an action plan under Article 33 within 60 days of the date of the final report, or
Art.34.1.b (b) the disputing Parties cannot agree on whether the Party complained against is fully implementing
Art.34.1.b.i (i) an action plan agreed under Article 33,
Art.34.1.b.ii (ii)an action plan deemed to have been established by a panel under paragraph 2, or
Art.34.1.b.iii (iii) an action plan approved or established by a panel under paragraph 4,
Art.34.1.b.ivx any disputing Party may request that the panel be reconvened. The requesting Party shall deliver the request in writing to the other Parties and to the Secretariat. The Council shall reconvene the panel on delivery of the request to the Secretariat.
Art.34.2 2. No Party may make a request under paragraph 1(a) earlier than 60 days, or later than 120 days, after the date of the final report. If the disputing Parties have not agreed to an action plan and if no request was made under paragraph l(a), the last action plan, if any, submitted by the Party complained against to the complaining Party or Parties within 60 days of the date of the final report, or such other period as the disputing Parties may agree, shall be deemed to have been established by the panel 120 days after the date of the final report.
Art.34.3 3. A request under paragraph 1(b) may be made no earlier than 180 days after an action plan has been:
Art.34.3.a (a) agreed under Article 33;
Art.34.3.b (b) deemed to have been established by a panel under paragraph 2; or
Art.34.3.c (c) approved or established by a panel under paragraph 4;
Art.34.3.c.ix and only during the term of any such action plan.
Art.34.4 4. Where a panel has been reconvened under paragraph 1(a), it:
Art.34.4.a (a) shall determine whether any action plan proposed by the Party complained against is sufficient to remedy the pattern of non-enforcement and
Art.34.4.a.i (i) if so, shall approve the plan, or
Art.34.4.a.ii (ii)if not, shall establish such a plan consistent with the law of the Party complained against, and
Art.34.4.b (b) may, where warranted, impose a monetary enforcement assessment in accordance with Annex 34,
Art.34.4.b.ix within 90 days after the panel has been reconvened or such other period as the disputing Parties may agree.
Art.34.5 5. Where a panel has been reconvened under paragraph 1(b), it shall determine either that:
Art.34.5.a (a) the Party complained against is fully implementing the action plan, in which case the panel may not impose a monetary enforcement assessment, or
Art.34.5.b (b) the Party complained against is not fully implementing the action plan, in which case the panel shall impose a monetary enforcement assessment in accordance with Annex 34,
Art.34.5.b.ix within 60 days after it has been reconvened or such other period as the disputing Parties may agree.
Art.34.6 6. A panel reconvened under this Article shall provide that the Party complained against shall fully implement any action plan referred to in paragraph 4(a)(ii) or 5(b), and pay any monetary enforcement assessment imposed under paragraph 4(b) or 5(b), and any such provision shall be final.
Art.35 Article 35: Further Proceeding
Art.35.1x A complaining Party may, at any time beginning 180 days after a panel determination under Article 34(5)(b), request in writing that a panel be reconvened to determine whether the Party complained against is fully implementing the action plan. On delivery of the request to the other Parties and the Secretariat, the Council shall reconvene the panel. The panel shall make the determination within 60 days after it has been reconvened or such other period as the disputing Parties may agree.
Art.36 Article 36: Suspension of Benefits
Art.36.1 1. Subject to Annex 36A, where a Party fails to pay a monetary enforcement assessment within 180 days after it is imposed by a panel:
Art.36.1.a (a) under Article 34(4)(b), or
Art.36.1.b (b) under Article 34(5)(b), except where benefits may be suspended under paragraph 2(a),
Art.36.1.b.ix any complaining Party or Parties may suspend, in accordance with Annex 36B, the application to the Party complained against of NAFTA benefits in an amount no greater than that sufficient to collect the monetary enforcement assessment.
Art.36.2 2. Subject to Annex 36A, where a panel has made a determination under Article 34(5)(b) and the panel:
Art.36.2.a (a) has previously imposed a monetary enforcement assessment under Article 34 (4)(b) or established an action plan under Article 34(4)(a)(ii); or
Art.36.2.b (b) has subsequently determined under Article 35 that a Party is not fully implementing an action plan;
Art.36.2.b.ix the complaining Party or Parties may, in accordance with Annex 36B, suspend annually the application to the Party complained against of NAFTA benefits in an amount no greater than the monetary enforcement assessment imposed by the panel under Article 34(5)(b).
Art.36.3 3. Where more than one complaining Party suspends benefits under paragraph 1 or 2, the combined suspension shall be no greater than the amount of the monetary enforcement assessment.
Art.36.4 4. Where a Party has suspended benefits under paragraph 1 or 2, the Council shall, on the delivery of a written request by the Party complained against to the other Parties and the Secretariat, reconvene the panel to determine whether the monetary enforcement assessment has been paid or collected, or whether the Party complained against is fully implementing the action plan, as the case may be. The panel shall submit its report within 45 days after it has been reconvened. If the panel determines that the assessment has been paid or collected, or that the Party complained against is fully implementing the action plan, the suspension of benefits under paragraph 1 or 2, as the case may be, shall be terminated.
Art.36.5 5. On the written request of the Party complained against, delivered to the other Parties and the Secretariat, the Council shall reconvene the panel to determine whether the suspension of benefits by the complaining Party or Parties pursuant to paragraph 1 or 2 is manifestly excessive. Within 45 days of the request, the panel shall present a report to the disputing Parties containing its determination.
Part.6 PART SIX